Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish Observer Program, 45638-45641 [05-15646]
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45638
Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
(i) General provision. All limited
access monkfish permit holders shall be
allocated monkfish DAS each fishing
year to be used in accordance with the
restrictions of this paragraph (b), unless
modified by paragraph (b)(1)(ii) of this
section according to the provisions
specified at § 648.96(b)(3). The number
of monkfish DAS to be allocated, before
accounting for any such modification, is
GEORGES BANK COD HOOK SECTOR 40 DAS minus the amount calculated in
paragraph (b)(1)(iv) of this section,
AREA
unless the vessel is enrolled in the
Point
N. Lat.
W. Long.
Offshore Fishery Program in the SFMA,
as specified in paragraph (b)(1)(iii) of
1)
HS1
(
70°00′ this section. Limited access NE
HS2
42°20′
70° 00′
multispecies and limited access sea
HS3
42° 20′
67 18.4′ (the
U.S. Canada scallop DAS permit holders who also
Maritime possess a valid limited access monkfish
Boundary) permit must use a NE multispecies or
sea scallop DAS concurrently with their
Follow the U.S. EEZ boundary south to HS4
monkfish DAS, except as provided in
paragraph (b)(2) of this section, unless
HS4
39° 00′
66° 45.5′ otherwise specified under this subpart
HS5
39° 00′
71° 40′
F.
HS6
(2)
71° 40′
*
*
*
*
*
(d) * * *
(1) * * *
(i) GB Cod Hook Sector Area
(GBCHSA). The GBCHSA is defined by
straight lines connecting the following
points in the order stated (copies of a
map depicting the area are available
from the Regional Administrator upon
request):
1
The east facing shoreline of Cape Cod,
MA.
2
The south facing shoreline of Rhode
Island.
*
*
*
*
*
11. In § 648.90, paragraph (a)(2)(iv) is
revised to read as follows:
§ 648.90 NE multispecies assessment,
framework procedures and specifications,
and flexible area action system.
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*
*
*
(a) * * *
(2) * * *
(iv) The Council shall review the
target TACs recommended by the PDT
and all of the options developed by the
PDT and other relevant information;
consider public comment; and develop
a recommendation to meet the FMP
objective pertaining to regulated
species, Atlantic halibut, and ocean
pout that is consistent with other
applicable law. If the Council does not
submit a recommendation that meets
the FMP objectives and is consistent
with other applicable law, the Regional
Administrator may adopt any option
developed by the PDT, unless rejected
by the Council, as specified in
paragraph (a)(2)(vii) of this section,
provided the option meets the FMP
objectives and is consistent with other
applicable law.
*
*
*
*
*
12. In § 648.92, paragraph (b)(1)(i) is
revised to read as follows:
§ 648.92 Effort-control program for
monkfish limited access vessels.
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(b) * * *
(1) * * *
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[FR Doc. 05–15644 Filed 8–5–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 050722198–5198–01; I.D.
071805B]
Comments must be received on
or before September 7, 2005.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Lori Durall. Comments may be
submitted by any of the following
methods:
• E-mail: OCS–0648–AS93@noaa.gov.
Include in the subject line the following
identifier: OCS proposed rule. E-mail
comments, with or without attachments,
are limited to 5 megabytes.
• Federal e-Rulemaking Portal: https://
www.regulations.gov.
• Mail: P.O. Box 21668, Juneau, AK
99802.
• Fax: (907) 586–7557.
• Hand delivery to the Federal
Building, 709 West 9th Street, Room
420A, Juneau, AK.
Copies of the Regulatory Impact
Review/Initial Regulatory Flexibility
Analysis (RIR/IRFA) prepared for this
action may be obtained from the same
mailing address above or from the
NMFS Alaska Region website at https://
www.fakr.noaa.gov.
Send comments on these or any other
aspects of the collection of information
to NMFS at the addresses above, and to
OMB via e-mail at
DavidlRostker@omb.eop.gov, or fax
(202) 395–7285.
FOR FURTHER INFORMATION CONTACT:
Jason Anderson, 907–586–7228, or
jason.anderson@noaa.gov.
DATES:
SUPPLEMENTARY INFORMATION:
RIN 0648–AS93
Background
Fisheries of the Exclusive Economic
Zone Off Alaska; Groundfish Observer
Program
NMFS manages the U.S. groundfish
fisheries of the Bering Sea and Aleutian
Islands Management Area (BSAI) and
Gulf of Alaska (GOA) in the Exclusive
Economic Zone under their respective
FMPs. The North Pacific Fishery
Management Council (Council) has
prepared the FMPs pursuant to the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations implementing the FMPs
appear at 50 CFR part 679. General
regulations that pertain to U.S. fisheries
appear at subpart H of 50 CFR part 600.
The Council adopted and NMFS
approved and implemented the current
‘‘interim’’ Observer Program (Observer
Program) in 1996 (61 FR 56425,
November 1, 1996). The requirements of
the Observer Program were extended
through 1998 (62 FR 67755, December
30, 1997), then through 2000 (63 FR
69024, December 15, 1998), through
2002 (65 FR 80381, December 21, 2000),
and again through 2007 (67 FR 72595,
December 6, 2002). The Observer
Program provides the regulatory
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS proposes to amend
regulations supporting the North Pacific
Groundfish Observer Program (Observer
Program). This action is necessary to
revise requirements for the facilitation
of observer data transmission, improve
support for observers, and provide
consistency with current regulations.
The proposed rule is intended to
promote the goals and objectives of the
Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area and
the Fishery Management Plan for
Groundfish of the Gulf of Alaska
(FMPs).
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Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
framework for the collection of data by
observers to obtain information
necessary for the conservation and
management of the groundfish fisheries
managed under the FMPs. Regulations
implementing the Observer Program at
§ 679.50 require observer coverage
aboard catcher vessels, catcher/
processors, motherships, and shoreside
and stationary floating processors that
participate in the groundfish fisheries
off Alaska and establish vessel,
processor, and observer provider
responsibilities relating to the Observer
Program.
Timely electronic communication
between the fishing industry and NMFS
of catch reports submitted to NMFS by
industry and observers is crucial to the
effective in-season monitoring of
groundfish quotas and protected species
catch allowances. In July 1995, NMFS
issued a final rule that required all
catcher/processors, motherships, and
shoreside processors that process
groundfish to have computer hardware
and software that would enable
observers to send electronic data to
NMFS (60 FR 34904, July 5, 1995). In
October 2003, a final rule was published
(68 FR 58038, October 8, 2003) that
extended these requirements to all
catcher vessels that are required to carry
an observer at all times during fishing
operations.
Regulations describing hardware and
software requirements for electronic
submission of observer reports on all
catcher/processors, motherships,
catcher vessels required to carry an
observer at all times, and shoreside or
stationary floating processors are found
at § 679.50(g)(1) and (g)(2). This
electronic data submission and
communications system is called the
observer communications system (OCS,
previously referred to as ‘‘ATLAS).’’
This system is comprised of computers
and communications equipment
supplied by catcher vessels, catcher/
processors, motherships, and shoreside
or stationary floating processors, and
custom software provided by NMFS.
The OCS system allows observers to
rapidly process and report the data they
collect to NMFS. Its use on catcher
vessels, catcher/processors,
motherships, and shoreside or
stationary floating processors has led to
more timely and accurate fisheries data.
Revisions to OCS Regulations
Observer Program staff are engaged in
upgrading the software component of
the OCS. The upgraded OCS software is
intended to increase overall data quality
by increasing the functionality and
efficiency of the OCS system. In this
action, NMFS proposes to require
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catcher vessels, catcher/processors,
motherships, and shoreside or
stationary floating processors already
subject to OCS requirements to install
hardware upgrades to meet current
technology standards necessary to
support OCS software and facilitate its
installation. Presently, regulations at
§ 679.50(g)(1)(iii)(B)(1) and
(g)(2)(iii)(B)(1) require a minimum of a
Windows 9x or NT compatible
operating system, both of which are
older, now unsupported operating
systems. This action would amend those
regulations to require a Windows 98 or
more recent operating system such as
Windows 2000, Millennium, or XP.
Only Windows-based operating systems
would be acceptable because the
upgraded software component would
only be compatible with Windowsbased operating systems. These
regulations also would be revised to
require catcher vessels, catcher/
processors, motherships, and shoreside
or stationary floating processors subject
to OCS requirements to ensure that the
personal computer provided for use by
the observer contains a functioning
compact disc (CD) drive. Additionally,
the minimum random access memory
(RAM) requirement would be upgraded
to 256 megabytes.
The revisions described above are
necessary to accommodate the larger,
more sophisticated software and
database programs provided by NMFS.
The new software would require an
upgraded operating system to function
and would be stored on CDs to avoid
storage on multiple floppy discs and
facilitate installation. Additionally,
Windows 95 is no longer supported by
the manufacturer.
generally and § 679.28(g)(4)(iii)
describes a component of the inspection
process for CMCPs. However, these
sections incorrectly cross reference
performance standards in § 679.28(g)(6).
This action proposes to correct this error
and replace the reference to (g)(6) in
§ 679.28(g)(1) and (g)(4)(iii) with (g)(7).
Regulations at § 679.50(i)(2)(vi)(A)(1)
describe travel and logistics
requirements for observer providers
when deploying observers. For a variety
of reasons, including incorrect routing
of luggage or weight restrictions on
airplanes, observers occasionally
become separated from their personal
belongings and gear necessary to
conduct sampling duties during travel
to an assignment. If this occurs, luggage
normally will be delivered on a
subsequent flight. However, an observer
provider recently encouraged an
observer who had become separated
from personal belongings and gear
necessary to conduct sampling duties to
borrow personal belongings from other
observers so the observer could be
deployed in a timely manner. The
observer was deployed to a vessel
without the observer’s personal
belongings or gear necessary to conduct
sampling duties. Such a failure
compromises an observer’s safety,
comfort, and ability to complete the
observer’s duties. This action proposes
to require an observer provider to
provide all necessary transportation,
including arrangements and logistics, to
ensure the observer and the observer’s
gear and personal belongings arrive at
the initial location of deployment and to
all subsequent vessel and shoreside or
stationary floating processor
assignments during that deployment.
Other Revisions
Regulations at § 679.2 contain
definitions for terms used elsewhere in
part 679. Regulations at § 679.50(c)
describe observer coverage requirements
for catcher vessels, catcher/processors,
and motherships engaged in directed
fishing for groundfish. However, the
first paragraph of the current definition
of ‘‘directed fishing’’ is contained under
the heading, ‘‘With respect to
groundfish recordkeeping and
reporting.’’ This action proposes to
revise the heading of the first paragraph
of the definition for ‘‘directed fishing’’
to read, ‘‘Unless otherwise indicated’’ to
clarify that the definition also applies to
observer coverage regulations.
Regulations at § 679.28 describe
requirements for scales, observer
sampling stations, bins for volumetric
estimates, and vessel monitoring system
hardware. Section 679.28(g)(1) describes
catch monitoring control plans (CMCPs)
Classification
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an initial regulatory
flexibility analysis (IRFA) as required by
section 603 of the Regulatory Flexibility
Act. The IRFA describes the economic
impact this proposed rule, if adopted,
would have on small entities. A
description of the action, why it is being
considered, and the legal basis for this
action are contained at the beginning of
the preamble and in the SUMMARY
section of this document. A copy of the
IRFA is available from NMFS (see
ADDRESSES). A summary of the analysis
follows.
This proposed rule would require
vessels and shoreside or stationary
floating processors already subject to
OCS requirements to adopt hardware
upgrades to meet current technology
standards necessary to support the OCS
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Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
software. This includes all motherships,
catcher/processors, shoreside or
stationary floating processors and
catcher vessels required to carry an
observer at all times. Additionally, the
proposed rule includes several
clarifications and corrections to current
regulations. These proposed actions are
intended to revise requirements for the
facilitation of observer data
transmission, improve support for
observers, and provide consistency with
current regulations.
All motherships have gross revenues
in excess of $3.5 million and are
considered large entities. Data available
for 2003, indicate that 22 of the 82
catcher/processors active in the
groundfish fisheries that year would be
considered small entities. All four
permitted observer provider companies
would be considered small entities.
Confidentiality restrictions require
NMFS to report gross revenue
information in aggregate of four or more
entities. These restrictions prevent
NMFS from reporting the number of
catcher vessels and shoreside or
stationary floating processors regulated
under this proposed action for small
entities.
Alternative 1 described in the EA/
RIR/IRFA is the status quo alternative.
Current regulations regarding retention
and discards would remain in effect.
Alternative 2 would: (1) require all
catcher vessels, catcher/processors,
motherships, and shoreside or
stationary floating processors currently
subject to OCS requirements to upgrade
their computing hardware to a
minimum operating system of Windows
98 and 256k of RAM; (2) require
observer providers to ensure observers
are deployed with their personal
belongings and gear; and (3) provide
other non-substantive administrative
changes to current regulations.
In addition to the requirements in
Alternative 2, Alternative 3 would also
require all catcher vessels, catcher/
processors, motherships, and shoreside
or stationary floating processors
currently subject to OCS requirements
to upgrade their computer hardware to
a CD drive.
The one-time upgrade cost for OCS
equipment that would be required for
all catcher/processors, motherships,
shoreside and stationary floating
processors, and catcher vessels required
to carry an observer at all times under
the proposed action would be about
$500 for each of these affected small
entities. For the 22 catcher/processors
considered small entities, the cost is
estimated at about .02 percent of one
year’s gross revenues. As noted above,
NMFS is unable to report gross revenues
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for catcher vessels and shoreside or
stationary floating processors
considered small entities under this
action. Therefore, OCS upgrade costs
cannot be reported as a percentage of
gross revenues for these entities.
Under the proposed action, observer
provider companies would be
responsible for ensuring that observers
are deployed with their gear and
personal belongings. While proposed
regulations would require observer
providers to be responsible for
transportation, logistics and
arrangements, observer providers
typically pass these costs on to the
vessel or shoreside or stationary floating
processor. However, arrangements (and
subsequent costs) between these entities
and observer providers, where the
observer is separated from his or her
gear and personal belongings, are not
known. Additionally, vessels may be
required to remain in port until an
observer’s gear and personal belongings
arrive, and the vessel may incur costs
associated with missed fishing
opportunity. Instances where observers
have not been deployed with their gear
and personal belongings are rare, and
the frequency of these occurrences is
impossible to estimate. However, these
costs are expected to be small.
This proposed rule contains a
collection-of-information requirement
subject to the Paperwork Reduction Act
(PRA) and which has been approved by
OMB under control number OMB 0648–
0330. Public reporting burden for Catch
Monitoring and Control Plan (CMCP) is
estimated to average 40 hours per
response, including the time for
reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information. Send comments
regarding this burden estimate, or any
other aspect of this data collection,
including suggestions for reducing the
burden to NMFS (see ADDRESSEES) and
to OMB.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
The analysis did not reveal any
Federal rules that duplicate, overlap, or
conflict with the proposed action.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and
recordkeeping requirements.
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Dated: August 2, 2005.
William T. Hogarth
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 679 is proposed
to be amended as follows:
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
1. The authority citation for part 679
continues to read as follows:
Authority: 16 U.S.C. 773 et seq.; 1540(f);
1801 et seq.; 1851 note; 3631 et seq.
2. In § 679.2, the definition of
‘‘directed fishing’’, paragraph (1), is
revised to read as follows:
§ 679.2
Definitions.
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Directed fishing means:
(1) Unless indicated otherwise, any
fishing activity that results in the
retention of an amount of a species or
species group on board a vessel that is
greater than the maximum retainable
amount for that species or species group
as calculated under § 679.20.
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3. In § 679.28, paragraphs (g)(1) and
(g)(4)(iii) are revised to read as follows:
§ 679.28 Equipment and operational
requirements.
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(g) * * *
(1) What is a CMCP? A CMCP is a
plan submitted by the owner and
manager of a processing plant, and
approved by NMFS, detailing how the
processing plant will meet the catch
monitoring and control standards
detailed in paragraph (g)(7) of this
section.
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(4) * * *
(iii) A proposed CMCP detailing how
the processor will meet each of the
performance standards in paragraph
(g)(7) of this section.
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4. In § 679.50, paragraphs
(g)(1)(iii)(B)(1), (g)(2)(iii)(B)(1), and
(i)(2)(vi)(A)(1) are revised to read as
follows:
§ 679.50 Groundfish Observer Program
applicable through December 31, 2007.
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(g) * * *
(1) * * *
(iii) * * *
(B) * * *
(1) Hardware and software. Making
available for use by the observer a
personal computer in working condition
that contains: a full Pentium 120Mhz or
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Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
greater capacity processing chip, at least
256 megabytes of RAM, at least 75
megabytes of free hard disk storage, a
Windows 98 (or more recent)
compatible operating system, an
operating mouse, a 3.5-inch (8.9 cm)
floppy disk drive, and a readable CD
ROM disk drive. The associated
computer monitor must have a viewable
screen size of at least 14.1 inches
(35.8cm) and minimum display settings
of 600 × 800 pixels. The computer
equipment specified in paragraph
(g)(1)(iii)(B) of this section must be
connected to a communication device
that provides a point-to-point modem
connection to the NMFS host computer
and supports one or more of the
following protocols: ITU V.22, ITU
V.22bis, ITU V.32, ITU V.32bis, or ITU
V.34. Personal computers utilizing a
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modem must have at least a 28.8 kbs
Hayes-compatible modem.
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(2) * * *
(1) Hardware and software. Making
available for use by the observer a
personal computer in working condition
that contains: a full Pentium 120Mhz or
greater capacity processing chip, at least
256 megabytes of RAM, at least 75
megabytes of free hard disk storage, a
Windows 98 (or more recent)
compatible operating system, an
operating mouse, a 3.5-inch (8.9 cm)
floppy disk drive, and a readable CD
ROM disk drive. The associated
computer monitor must have a viewable
screen size of at least 14.1 inches
(35.8cm) and minimum display settings
of 600 × 800 pixels. The computer
equipment specified in paragraph
(g)(2)(iii)(B) of this section must be
connected to a communication device
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45641
that provides a point-to-point modem
connection to the NMFS host computer
and supports one or more of the
following protocols: ITU V.22, ITU
V.22bis, ITU V.32, ITU V.32bis, or ITU
V.34. Personal computers utilizing a
modem must have at least a 28.8 kbs
Hayes-compatible modem.
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(i) * * *
(1) All arrangements and logistics
necessary for transporting observers and
their gear and belongings to the initial
location of deployment, to all
subsequent vessel and shoreside or
stationary floating processor
assignments during that deployment,
and to the debriefing location when a
deployment ends for any reason; and
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[FR Doc. 05–15646 Filed 8–5–05; 8:45 am]
BILLING CODE 3510–22–S
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Agencies
[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Proposed Rules]
[Pages 45638-45641]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15646]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 050722198-5198-01; I.D. 071805B]
RIN 0648-AS93
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
Observer Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to amend regulations supporting the North
Pacific Groundfish Observer Program (Observer Program). This action is
necessary to revise requirements for the facilitation of observer data
transmission, improve support for observers, and provide consistency
with current regulations. The proposed rule is intended to promote the
goals and objectives of the Fishery Management Plan for Groundfish of
the Bering Sea and Aleutian Islands Management Area and the Fishery
Management Plan for Groundfish of the Gulf of Alaska (FMPs).
DATES: Comments must be received on or before September 7, 2005.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Lori Durall. Comments may be submitted by any of the following
methods:
E-mail: OCS-0648-AS93@noaa.gov. Include in the subject
line the following identifier: OCS proposed rule. E-mail comments, with
or without attachments, are limited to 5 megabytes.
Federal e-Rulemaking Portal: https://www.regulations.gov.
Mail: P.O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building, 709 West 9\th\
Street, Room 420A, Juneau, AK.
Copies of the Regulatory Impact Review/Initial Regulatory
Flexibility Analysis (RIR/IRFA) prepared for this action may be
obtained from the same mailing address above or from the NMFS Alaska
Region website at https://www.fakr.noaa.gov.
Send comments on these or any other aspects of the collection of
information to NMFS at the addresses above, and to OMB via e-mail at
David--Rostker@omb.eop.gov, or fax (202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Jason Anderson, 907-586-7228, or
jason.anderson@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
NMFS manages the U.S. groundfish fisheries of the Bering Sea and
Aleutian Islands Management Area (BSAI) and Gulf of Alaska (GOA) in the
Exclusive Economic Zone under their respective FMPs. The North Pacific
Fishery Management Council (Council) has prepared the FMPs pursuant to
the Magnuson-Stevens Fishery Conservation and Management Act.
Regulations implementing the FMPs appear at 50 CFR part 679. General
regulations that pertain to U.S. fisheries appear at subpart H of 50
CFR part 600.
The Council adopted and NMFS approved and implemented the current
``interim'' Observer Program (Observer Program) in 1996 (61 FR 56425,
November 1, 1996). The requirements of the Observer Program were
extended through 1998 (62 FR 67755, December 30, 1997), then through
2000 (63 FR 69024, December 15, 1998), through 2002 (65 FR 80381,
December 21, 2000), and again through 2007 (67 FR 72595, December 6,
2002). The Observer Program provides the regulatory
[[Page 45639]]
framework for the collection of data by observers to obtain information
necessary for the conservation and management of the groundfish
fisheries managed under the FMPs. Regulations implementing the Observer
Program at Sec. 679.50 require observer coverage aboard catcher
vessels, catcher/processors, motherships, and shoreside and stationary
floating processors that participate in the groundfish fisheries off
Alaska and establish vessel, processor, and observer provider
responsibilities relating to the Observer Program.
Timely electronic communication between the fishing industry and
NMFS of catch reports submitted to NMFS by industry and observers is
crucial to the effective in-season monitoring of groundfish quotas and
protected species catch allowances. In July 1995, NMFS issued a final
rule that required all catcher/processors, motherships, and shoreside
processors that process groundfish to have computer hardware and
software that would enable observers to send electronic data to NMFS
(60 FR 34904, July 5, 1995). In October 2003, a final rule was
published (68 FR 58038, October 8, 2003) that extended these
requirements to all catcher vessels that are required to carry an
observer at all times during fishing operations.
Regulations describing hardware and software requirements for
electronic submission of observer reports on all catcher/processors,
motherships, catcher vessels required to carry an observer at all
times, and shoreside or stationary floating processors are found at
Sec. 679.50(g)(1) and (g)(2). This electronic data submission and
communications system is called the observer communications system
(OCS, previously referred to as ``ATLAS).'' This system is comprised of
computers and communications equipment supplied by catcher vessels,
catcher/processors, motherships, and shoreside or stationary floating
processors, and custom software provided by NMFS. The OCS system allows
observers to rapidly process and report the data they collect to NMFS.
Its use on catcher vessels, catcher/processors, motherships, and
shoreside or stationary floating processors has led to more timely and
accurate fisheries data.
Revisions to OCS Regulations
Observer Program staff are engaged in upgrading the software
component of the OCS. The upgraded OCS software is intended to increase
overall data quality by increasing the functionality and efficiency of
the OCS system. In this action, NMFS proposes to require catcher
vessels, catcher/processors, motherships, and shoreside or stationary
floating processors already subject to OCS requirements to install
hardware upgrades to meet current technology standards necessary to
support OCS software and facilitate its installation. Presently,
regulations at Sec. 679.50(g)(1)(iii)(B)(1) and (g)(2)(iii)(B)(1)
require a minimum of a Windows 9x or NT compatible operating system,
both of which are older, now unsupported operating systems. This action
would amend those regulations to require a Windows 98 or more recent
operating system such as Windows 2000, Millennium, or XP. Only Windows-
based operating systems would be acceptable because the upgraded
software component would only be compatible with Windows-based
operating systems. These regulations also would be revised to require
catcher vessels, catcher/processors, motherships, and shoreside or
stationary floating processors subject to OCS requirements to ensure
that the personal computer provided for use by the observer contains a
functioning compact disc (CD) drive. Additionally, the minimum random
access memory (RAM) requirement would be upgraded to 256 megabytes.
The revisions described above are necessary to accommodate the
larger, more sophisticated software and database programs provided by
NMFS. The new software would require an upgraded operating system to
function and would be stored on CDs to avoid storage on multiple floppy
discs and facilitate installation. Additionally, Windows 95 is no
longer supported by the manufacturer.
Other Revisions
Regulations at Sec. 679.2 contain definitions for terms used
elsewhere in part 679. Regulations at Sec. 679.50(c) describe observer
coverage requirements for catcher vessels, catcher/processors, and
motherships engaged in directed fishing for groundfish. However, the
first paragraph of the current definition of ``directed fishing'' is
contained under the heading, ``With respect to groundfish recordkeeping
and reporting.'' This action proposes to revise the heading of the
first paragraph of the definition for ``directed fishing'' to read,
``Unless otherwise indicated'' to clarify that the definition also
applies to observer coverage regulations.
Regulations at Sec. 679.28 describe requirements for scales,
observer sampling stations, bins for volumetric estimates, and vessel
monitoring system hardware. Section 679.28(g)(1) describes catch
monitoring control plans (CMCPs) generally and Sec. 679.28(g)(4)(iii)
describes a component of the inspection process for CMCPs. However,
these sections incorrectly cross reference performance standards in
Sec. 679.28(g)(6). This action proposes to correct this error and
replace the reference to (g)(6) in Sec. 679.28(g)(1) and (g)(4)(iii)
with (g)(7).
Regulations at Sec. 679.50(i)(2)(vi)(A)(1) describe travel and
logistics requirements for observer providers when deploying observers.
For a variety of reasons, including incorrect routing of luggage or
weight restrictions on airplanes, observers occasionally become
separated from their personal belongings and gear necessary to conduct
sampling duties during travel to an assignment. If this occurs, luggage
normally will be delivered on a subsequent flight. However, an observer
provider recently encouraged an observer who had become separated from
personal belongings and gear necessary to conduct sampling duties to
borrow personal belongings from other observers so the observer could
be deployed in a timely manner. The observer was deployed to a vessel
without the observer's personal belongings or gear necessary to conduct
sampling duties. Such a failure compromises an observer's safety,
comfort, and ability to complete the observer's duties. This action
proposes to require an observer provider to provide all necessary
transportation, including arrangements and logistics, to ensure the
observer and the observer's gear and personal belongings arrive at the
initial location of deployment and to all subsequent vessel and
shoreside or stationary floating processor assignments during that
deployment.
Classification
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an initial regulatory flexibility analysis (IRFA) as
required by section 603 of the Regulatory Flexibility Act. The IRFA
describes the economic impact this proposed rule, if adopted, would
have on small entities. A description of the action, why it is being
considered, and the legal basis for this action are contained at the
beginning of the preamble and in the SUMMARY section of this document.
A copy of the IRFA is available from NMFS (see ADDRESSES). A summary of
the analysis follows.
This proposed rule would require vessels and shoreside or
stationary floating processors already subject to OCS requirements to
adopt hardware upgrades to meet current technology standards necessary
to support the OCS
[[Page 45640]]
software. This includes all motherships, catcher/processors, shoreside
or stationary floating processors and catcher vessels required to carry
an observer at all times. Additionally, the proposed rule includes
several clarifications and corrections to current regulations. These
proposed actions are intended to revise requirements for the
facilitation of observer data transmission, improve support for
observers, and provide consistency with current regulations.
All motherships have gross revenues in excess of $3.5 million and
are considered large entities. Data available for 2003, indicate that
22 of the 82 catcher/processors active in the groundfish fisheries that
year would be considered small entities. All four permitted observer
provider companies would be considered small entities. Confidentiality
restrictions require NMFS to report gross revenue information in
aggregate of four or more entities. These restrictions prevent NMFS
from reporting the number of catcher vessels and shoreside or
stationary floating processors regulated under this proposed action for
small entities.
Alternative 1 described in the EA/RIR/IRFA is the status quo
alternative. Current regulations regarding retention and discards would
remain in effect.
Alternative 2 would: (1) require all catcher vessels, catcher/
processors, motherships, and shoreside or stationary floating
processors currently subject to OCS requirements to upgrade their
computing hardware to a minimum operating system of Windows 98 and 256k
of RAM; (2) require observer providers to ensure observers are deployed
with their personal belongings and gear; and (3) provide other non-
substantive administrative changes to current regulations.
In addition to the requirements in Alternative 2, Alternative 3
would also require all catcher vessels, catcher/processors,
motherships, and shoreside or stationary floating processors currently
subject to OCS requirements to upgrade their computer hardware to a CD
drive.
The one-time upgrade cost for OCS equipment that would be required
for all catcher/processors, motherships, shoreside and stationary
floating processors, and catcher vessels required to carry an observer
at all times under the proposed action would be about $500 for each of
these affected small entities. For the 22 catcher/processors considered
small entities, the cost is estimated at about .02 percent of one
year's gross revenues. As noted above, NMFS is unable to report gross
revenues for catcher vessels and shoreside or stationary floating
processors considered small entities under this action. Therefore, OCS
upgrade costs cannot be reported as a percentage of gross revenues for
these entities.
Under the proposed action, observer provider companies would be
responsible for ensuring that observers are deployed with their gear
and personal belongings. While proposed regulations would require
observer providers to be responsible for transportation, logistics and
arrangements, observer providers typically pass these costs on to the
vessel or shoreside or stationary floating processor. However,
arrangements (and subsequent costs) between these entities and observer
providers, where the observer is separated from his or her gear and
personal belongings, are not known. Additionally, vessels may be
required to remain in port until an observer's gear and personal
belongings arrive, and the vessel may incur costs associated with
missed fishing opportunity. Instances where observers have not been
deployed with their gear and personal belongings are rare, and the
frequency of these occurrences is impossible to estimate. However,
these costs are expected to be small.
This proposed rule contains a collection-of-information requirement
subject to the Paperwork Reduction Act (PRA) and which has been
approved by OMB under control number OMB 0648-0330. Public reporting
burden for Catch Monitoring and Control Plan (CMCP) is estimated to
average 40 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden
estimate, or any other aspect of this data collection, including
suggestions for reducing the burden to NMFS (see ADDRESSEES) and to
OMB.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
The analysis did not reveal any Federal rules that duplicate,
overlap, or conflict with the proposed action.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: August 2, 2005.
William T. Hogarth
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 679 is
proposed to be amended as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq.; 1540(f); 1801 et seq.; 1851
note; 3631 et seq.
2. In Sec. 679.2, the definition of ``directed fishing'',
paragraph (1), is revised to read as follows:
Sec. 679.2 Definitions.
* * * * *
Directed fishing means:
(1) Unless indicated otherwise, any fishing activity that results
in the retention of an amount of a species or species group on board a
vessel that is greater than the maximum retainable amount for that
species or species group as calculated under Sec. 679.20.
* * * * *
3. In Sec. 679.28, paragraphs (g)(1) and (g)(4)(iii) are revised
to read as follows:
Sec. 679.28 Equipment and operational requirements.
* * * * *
(g) * * *
(1) What is a CMCP? A CMCP is a plan submitted by the owner and
manager of a processing plant, and approved by NMFS, detailing how the
processing plant will meet the catch monitoring and control standards
detailed in paragraph (g)(7) of this section.
* * * * *
(4) * * *
(iii) A proposed CMCP detailing how the processor will meet each of
the performance standards in paragraph (g)(7) of this section.
* * * * *
4. In Sec. 679.50, paragraphs (g)(1)(iii)(B)(1),
(g)(2)(iii)(B)(1), and (i)(2)(vi)(A)(1) are revised to read as follows:
Sec. 679.50 Groundfish Observer Program applicable through December
31, 2007.
* * * * *
(g) * * *
(1) * * *
(iii) * * *
(B) * * *
(1) Hardware and software. Making available for use by the observer
a personal computer in working condition that contains: a full Pentium
120Mhz or
[[Page 45641]]
greater capacity processing chip, at least 256 megabytes of RAM, at
least 75 megabytes of free hard disk storage, a Windows 98 (or more
recent) compatible operating system, an operating mouse, a 3.5-inch
(8.9 cm) floppy disk drive, and a readable CD ROM disk drive. The
associated computer monitor must have a viewable screen size of at
least 14.1 inches (35.8cm) and minimum display settings of 600 x 800
pixels. The computer equipment specified in paragraph (g)(1)(iii)(B) of
this section must be connected to a communication device that provides
a point-to-point modem connection to the NMFS host computer and
supports one or more of the following protocols: ITU V.22, ITU V.22bis,
ITU V.32, ITU V.32bis, or ITU V.34. Personal computers utilizing a
modem must have at least a 28.8 kbs Hayes-compatible modem.
* * * * *
(2) * * *
(1) Hardware and software. Making available for use by the observer
a personal computer in working condition that contains: a full Pentium
120Mhz or greater capacity processing chip, at least 256 megabytes of
RAM, at least 75 megabytes of free hard disk storage, a Windows 98 (or
more recent) compatible operating system, an operating mouse, a 3.5-
inch (8.9 cm) floppy disk drive, and a readable CD ROM disk drive. The
associated computer monitor must have a viewable screen size of at
least 14.1 inches (35.8cm) and minimum display settings of 600 x 800
pixels. The computer equipment specified in paragraph (g)(2)(iii)(B) of
this section must be connected to a communication device that provides
a point-to-point modem connection to the NMFS host computer and
supports one or more of the following protocols: ITU V.22, ITU V.22bis,
ITU V.32, ITU V.32bis, or ITU V.34. Personal computers utilizing a
modem must have at least a 28.8 kbs Hayes-compatible modem.
* * * * *
(i) * * *
(1) All arrangements and logistics necessary for transporting
observers and their gear and belongings to the initial location of
deployment, to all subsequent vessel and shoreside or stationary
floating processor assignments during that deployment, and to the
debriefing location when a deployment ends for any reason; and
* * * * *
[FR Doc. 05-15646 Filed 8-5-05; 8:45 am]
BILLING CODE 3510-22-S