[Federal Register: October 8, 2003 (Volume 68, Number 195)]
[Rules and Regulations]
[Page 58038-58041]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc03-12]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 020412085-3189-02; I.D. 022102B]
RIN 0648-AP66
Fisheries of the Exclusive Economic Zone Off Alaska; Electronic
Reporting Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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[[Page 58039]]
SUMMARY: NMFS issues a final rule to amend regulations governing the
North Pacific Groundfish Observer Program (observer program). This
action is necessary to refine requirements for the facilitation of
observer data transmission and improve support for observers. The final
rule is necessary to improve the timely transmission of high quality
observer data for a sector of catcher vessels in these fisheries. It is
intended to support the management objectives of the Fishery Management
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands
Area and the Fishery Management Plan for Groundfish of the Gulf of
Alaska (groundfish FMPs).
DATES: Effective January 1, 2004.
ADDRESSES: Copies of the Regulatory Impact Review/Final Regulatory
Flexibility Analysis (RIR/FRFA) prepared for this regulatory action may
be obtained from the Alaska Region, NMFS, P.O. Box 21668, Juneau, AK
99802, Attn: Lori Durall. Send comments on information collection
requests to NMFS and to OMB, Office of Information and Regulatory
Affairs, Office of Management and Budget, Washington, DC 20503 (Attn:
NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Jason Anderson, 907-586-7228 or e-mail at jason.anderson@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
NMFS manages the U.S. groundfish fisheries of the Gulf of Alaska
and the Bering Sea and Aleutian Islands management areas in the
Exclusive Economic Zone (EEZ) under the groundfish FMPs. The North
Pacific Fishery Management Council (Council) prepared the groundfish
FMPs under the authority of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act). Regulations at 50 CFR part
679 implement the FMPs. General regulations that also pertain to U.S.
fisheries appear at subpart H of 50 CFR part 600. Regulations
implementing the interim observer program were published November 1,
1996 (61 FR 56425), amended December 30, 1997 (62 FR 67755) and
December 15, 1998 (63 FR 69024), extended through 2002 under a final
rule published December 21, 2000 (65 FR 80381), and extended again
through 2007 under a final rule published December 6, 2002 (67 FR
72595). The observer program provides for the collection of observer
data necessary to manage the Alaska groundfish fisheries by providing
information on total catch estimation, discards, prohibited species
catch (PSC) and biological samples that are used for stock assessment
purposes. Observers also provide information related to compliance with
regulatory requirements.
The regulations implementing the observer program at Sec. 679.50
require observer coverage aboard fishing vessels, shoreside processors,
and stationary floating processors that participate in the Alaska
groundfish fisheries. Timely communication between the fishing industry
and NMFS through catch reports submitted to NMFS by both industry and
observers is crucial to the effective in-season monitoring of the
groundfish quotas and PSC allowances. This final rule enhances timely
communication by updating the hardware requirements for the observer
communication system (OCS), requiring vessels to maintain OCS equipment
functionality, clarifying shoreside processor requirements, and
extending the OCS requirements to all catcher vessels required to have
at least one NMFS certified observer on board at all times.
By extending the OCS program to catcher vessels who carry observers
100 percent of the time, several deficiencies with the current program
are addressed. First, necessary timely monitoring for in-season
management of PSC and discard data is not possible under the observer
data reporting system currently used by catcher vessels delivering to
inshore processors. Shoreside catcher vessel observers
opportunistically transmit data via fax to NMFS from a shoreside
processor, which can be between 5 and 14 days after a given haul was
made. This delay is caused in part by the fact that an observer usually
must return to sea immediately upon completion of the delivery to
shoreside processors, leaving no time for the observer to compile data
into a format appropriate for fax transmission to NMFS, most often
several hours worth of work. Once received by NMFS, the faxed data
subsequently must be hand entered into an electronic database, further
delaying the availability to in-season managers.
Second, if a catcher vessel observer had time available to compile
and transmit data from the shoreside processor, logistical problems
remain. Shoreside processors do support OCS communication systems for
transmission of observer data. However, OCS software on these systems
is designed specifically for shoreside processor applications and does
not support observer data collected at sea. While the shoreside system
could be adapted to support data collected by vessel observers, other
logistical problems prevent reliable use of these systems by catcher
vessel observers. These difficulties include vessel observers having to
return to sea prior to data input and transmission via the OCS
communications system, as well as the lack of access to shoreside
computers and communications equipment that support the OCS system.
Offices that house this equipment at the shoreside processors generally
are not open 24 hours a day, while deliveries may be completed at any
time during the day.
Installation of OCS software, in combination with point to point
modem communication capability aboard shoreside catcher vessels, would
allow daily electronic transmission of catch data. This would provide
NMFS with observer data from catcher vessels within 24 hours of
receiving their delivery reports from the shoreside processor. At-sea
discards and PSC could then be accounted for together with the landings
data in real-time for each OCS-equipped vessel. Such real-time in-
season management would be expected to result in fishery closures that
better approximate actual quotas.
Additionally, observer data quality problems can have a significant
impact on PSC estimates and fishery closure projections. Resulting
management errors can include early closure of a fishery, which results
in direct lost revenue to the fleet, or over harvest of a PSC fishery
allowance, which can impact other fisheries as the total annual PSC
limit is reached.
The OCS program provides several advantages and improvements to
NMFS' current management systems which result in higher quality data.
These include:
Improved data recording efficiency. Observers using OCS initially
record data on deck forms. These data are then entered into the
vessel's computer and sent electronically to NMFS. Data received by
NMFS are automatically screened for errors and may be accessed by users
in a database in a timely manner. Without OCS, data are transcribed
from deck forms to paper and faxed to NMFS for subsequent electronic
entry. Less paperwork provides observers with more time to dedicate to
sampling.
Consistent, secure communications with observer program staff and a
reduction in the overall frequency of errors. OCS communications allow
NMFS to assign to each deployed observer an in-season advisor who
screens data for errors and advises the observer throughout their
deployment, resulting in improved observer
[[Page 58040]]
performance and a reduction in errors. The quality of timely data
available for in-season management decisions is thus greatly improved.
Faster, more efficient, and higher quality debriefing. The OCS
application automatically screens out many potential data errors at the
point of entry. These data are further screened by the in-season
advisor, and all data are again screened by computer programs and
corrected at the point of debriefing. These processes eliminate hand
checking of paper data forms, further reducing debriefing time and
allowing for faster availability of the final data.Installation and
maintenance of OCS aboard catcher vessels requiring 100 percent
observer coverage would eliminate 1,100 faxed observer reports and the
associated processing per year. Availability of timely data on PSC by
this sector of the fleet, which is largely made up of American
Fisheries Act-qualified catcher vessels that are members of inshore
cooperatives, would improve the in-season management of the BSAI
pollock and Pacific cod trawl fisheries. In the BSAI pollock trawl
fishery, salmon and herring PSC are of concern, and in the BSAI Pacific
cod trawl fishery, halibut bycatch is of concern. Although the few
Pacific cod trawl fishery closures that have occurred since 1998 have
been based primarily on TACs being reached, prior to 1998, BSAI Pacific
cod trawl fishery closures were based on halibut bycatch allowances
being caught before the TAC was reached. Improved timeliness of PSC
data transmission would allow NMFS resources to be reallocated to
processing faxed data received from observers aboard vessels that are
subject to 30 percent coverage requirements. Overall this would result
in the expedited availability to managers and improved quality of all
in-season data from all catcher vessels in the BSAI and the GOA. This
timely information also benefits industry through access via NMFS web
sites. Fleets coordinate their activity to avoid areas of high
incidental catch of prohibited species, thus delaying or eliminating
costly PSC closures. This coordination can only work where information
is available quickly.
More timely harvest data from catcher vessels is also needed for
management measures that temporally and spatially disperse some
groundfish fisheries in near shore areas of the EEZ off Alaska (67 FR
956, January 8, 2002). These measures were developed as Steller Sea
Lion protection measures and involve some time-area restrictions for
the pollock, Pacific cod and Atka mackerel fisheries, including harvest
limits in Steller sea lion critical habitat. To ensure compliance with
these measures, levels of groundfish harvest must be monitored on a
real-time basis.
Further background for the development of the regulatory amendments
contained in this final rule and the detailed descriptions of the
hardware upgrades, catcher vessel requirements and functionality of
communication systems are in the proposed rule (67 FR 48604, July 25,
2002).
Comments on the proposed rule were invited for a 30-day period that
ended August 26, 2002. No written comments on the proposed rule were
received.
Changes From the Proposed Rule
NMFS identified four necessary changes from the proposed rule to
the final rule. Each is a technical, non-substantive correction to the
proposed regulation language. The technical changes to the final rule
are made as follows:
1. The paragraph designations for the regulatory amendments in the
proposed rule (67 FR 48604, July 25, 2002) are revised from (f) to (g)
in this final rule to ensure consistency with recent revisions to Sec.
679.50 (67 FR 72595, December 6, 2002).
2. Regulatory text in Sec. 679.50(g)(2) and (3) is changed from
the proposed rule to clarify that OCS provisions apply to stationary
floating processors. Stationary floating processors provide the same
function as shoreside processors and nearly all observer program
regulations that apply to shoreside processors also apply to stationary
floating processors. Therefore, the regulations in paragraphs (g)(2)
and (g)(3) apply to both shoreside processors and stationary floating
processors. The proposed rule identified only shoreside processors in
the revised language for these paragraphs. However, the Regulatory
Impact Review and Initial Regulatory Flexibility Analysis (RIR/IRFA)
thoroughly analyzed the effects of this action on stationary floating
processors. The regulatory language for Sec. 679.50(g)(2) and (3) is
changed in the final rule from the proposed rule to apply to both
shoreside processors and stationary floating processors.
3. The term ``processors'' in Sec. 679.50(g)(1)(iii)(B)(1) is
changed to ``personal computers'' to clarify potential confusion
between fish processing operations and computer hardware.
4. The title to Sec. 679.50 is revised from the proposed rule to
reflect the extension of the observer program through December 31,
2007.
Classification
This final rule has been determined to be significant for purposes
of Executive Order 12866.
NMFS has prepared a Final Regulatory Flexibility Analysis (FRFA)
for this action, pursuant to the requirements of the Regulatory
Flexibility Act at section 604(a). The objectives of and the legal
basis for this action are described earlier in the preamble.
The proposed rule was published in the Federal Register on July 25,
2002 (67 FR 48604). An Initial Regulatory Flexibility Analysis (IRFA)
was prepared for the proposed rule, and described in the
classifications section of the preamble to the rule. The public comment
period ended on August 26, 2002. No comments were received on the
proposed rule.
The entities that would be regulated by the proposals are the BSAI
and GOA entities operating catcher-processors, motherships, shoreside
processors, required to maintain one or more observers, and catcher
vessels required to have 100 percent observer coverage. Data available
for 2000 indicate that there were 34 small (according to Small Business
Administration criteria) catcher/processors active that year, and 31
small catcher vessels. All three of the motherships were assumed to be
large entities. Five directly regulated processors were identified as
small. The six CDQ groups are non-profits and are therefore small by
definition.
This regulation does not impose new recordkeeping or reporting
requirements on the regulated small entities. Although the proposed
changes in the OCS communications requirements require some new
expenditures by small entities, they contain no new or revised record
keeping or reporting requirements for those entities. The OCS
requirements will not affect private sector record keeping
requirements; they will facilitate communication of reports that are
already required from observers.
Four alternatives to the proposed action were considered. The
status quo was rejected because it would not meet the objectives of the
action for more timely and more accurate data. An alternative that
would have restricted the regulations to catcher-processors,
motherships, and shoreside processors would have had a smaller impact
on directly regulated small entities, because it would not have
regulated catcher vessels that were required to have 100 percent
observer coverage. This alternative was rejected because it would not
have provided faster or more
[[Page 58041]]
accurate observer data on this important fleet sector. An alternative
that would have extended the requirements to catcher vessels with 30
percent required coverage, in addition to catcher-processors,
motherships, shoreside processors, and catcher vessels with 100 percent
observer coverage, was also rejected. This would have involved
extending coverage to several hundred additional catcher vessels, all
of which were estimated to be small entities. Concerns were also raised
over the security of the OCS software on computers during periods of
time when observers were not present on the vessels. A final
alternative would have required OCS coverage on catcher-processors,
motherships, and shoreside processors, but not catcher vessels. This
alternative would have increased resources devoted to observer program
data processing in order to reduce the time it took to get catcher
vessel data to in-season managers for management purposes. This
alternative would have reduced the impact on small catcher vessel
entities, however, while it would have reduced the time to process data
and provide it to in-season managers, it would not have affected the
important time lag between at-sea observation by the observer and
delivery to observer program data processors. In addition, it would not
have addressed concerns over data quality.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: October 2, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 679 is amended as
follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for part 679 continues to read as follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.
0
2. In Sec. 679.50, paragraphs (g)(1)(iii)(A), (g)(1)(iii)(B),
(g)(1)(iii)(C), (g)(2), (g)(2)(iii)(B), and (g)(2)(iii)(C) are revised
and paragraph (g)(3) is added to read as follows:
0
Sec. 679.50 Groundfish Observer Program applicable through December
31, 2007.
* * * * *
(g) * * *
(1) * * *
(iii) * * *
(A) Observer use of equipment. Allowing NMFS-certified observers to
use the vessel's communications equipment and personnel, on request,
for the confidential entry, transmission, and receipt of work-related
messages, at no cost to the NMFS-certified observers or the nation.
(B) Communication equipment requirements. In the case of an
operator of a catcher/processor or mothership that is required to carry
one or more observers, or a catcher vessel required to carry an
observer as specified in paragraph (c)(1)(iv) of this section:
(1) Hardware and software. Making available for use by the observer
a personal computer in working condition that contains a full Pentium
120 Mhz or greater capacity processing chip, at least 32 megabytes of
RAM, at least 75 megabytes of free hard disk storage, a Windows 9x or
NT compatible operating system, an operating mouse, and a 3.5-inch (8.9
cm) floppy disk drive. The associated computer monitor must have a
viewable screen size of at least 14.1 inches (35.8 cm) 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 28.8kbs
Hayes-compatible modem.
(2) NMFS-Supplied software. Ensuring that the catcher/processor,
mothership, or catcher vessel specified in paragraph (g)(1)(iii)(B) of
this section obtains and has installed the data entry software provided
by the Regional Administrator for use by the observer.
(C) Functional and operational equipment. Ensuring that the
communications equipment required at paragraph (g)(1)(iii)(B) of this
section, and that is used by observers to enter and transmit data, is
fully functional and operational, where ``functional'' means that data
transmissions to NMFS can be initiated effectively aboard the vessel by
such communications equipment.
* * * * *
(2) Shoreside processor and stationary floating processor
responsibilities. A manager of a shoreside processor or a stationary
floating processor that is required to maintain observer coverage as
specified under paragraph (d) of this section must:
* * * * *
(iii) * * *
(B) Communication equipment requirements--(1) Hardware and
software. Making available for use by the observer a personal computer,
in working condition, with a full Pentium 120 Mhz or greater capacity
processing chip, at least 32 megabytes of RAM, at least 75 megabytes of
free hard disk storage, a Windows 9x or NT compatible operating system,
an operating mouse, and a 3.5-inch (8.9 cm) floppy disk drive. The
associated computer monitor must have a viewable screen size of at
least 14.1 inches (35.8 cm) and minimum display settings of 600 x 800
pixels. The computer equipment specified in this paragraph 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. Processors utilizing a modem must have at least a 28.8kbs
Hayes-compatible modem.
(2) NMFS-supplied software. Ensuring that the shoreside processor
or stationary floating processor obtains and installs the data entry
software provided by the Regional Administrator for use by the
observer.
(C) Functional and operational equipment. Ensuring that the
communications equipment required at paragraph (g)(2)(iii)(B) of this
section and that is used by observers to enter and transmit data, is
fully functional and operational, where functional means that data
transmissions to NMFS can be initiated effectively by that equipment.
* * * * *
(3) The owner of a vessel, shoreside processor, stationary floating
processor, or buying station is responsible for compliance and must
ensure that the operator or manager of a vessel, shoreside processor,
or stationary floating processor required to maintain observer coverage
under paragraphs (c) or (d) of this section complies with the
requirements given in paragraphs (g)(1) and (g)(2) of this section.
* * * * *
[FR Doc. 03-25514 Filed 10-7-03; 8:45 am]
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