[Federal Register: July 6, 2007 (Volume 72, Number 129)]
[Rules and Regulations]
[Page 36896-36899]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy07-16]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 070316061-7124-02 ; I.D. 031907B]
RIN 0648-AV13
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: Final rule.
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SUMMARY: NMFS issues a final rule 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 and improve inseason support for observers.
This action would 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: Effective on August 6, 2007.
ADDRESSES: Copies of the final Regulatory Impact Review/Final
Regulatory Flexibility Analysis (RIR/FRFA) prepared for this action may
be obtained from the NMFS Alaska Region, P.O. Box 21668, Juneau, AK
99802, Attn: Ellen Sebastian, and on the NMFS Alaska Region website at
http://www.fakr.noaa.gov. The proposed rule to revise requirements for
the facilitation of observer data transmission and improve inseason
support for observers may also be accessed at this website.
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 the 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 originally adopted and NMFS approved and implemented
the current ``interim'' Observer Program (Observer Program) in 1996 (61
FR 56425, November 1, 1996). Through interim extensions, Observer
Program regulatory requirements have been extended through 2007 (62 FR
67755, December 30, 1997; 63 FR 69024, December 15, 1998; 65 FR 80381,
December 21, 2000; and 67 FR 72595, December 6, 2002). A final rule
that extended regulations implementing the Observer Program
indefinitely was published on June 13, 2007 (72 FR 32559).
The Observer Program provides the regulatory 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
[[Page 36897]]
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, as well as establish vessel, processor, and
observer provider responsibilities relating to the Observer Program.
Timely electronic communication of catch reports submitted to NMFS
by industry and observers is crucial for groundfish quota and
prohibited species catch allowance monitoring. In July 1995, NMFS
issued a final rule (60 FR 34904, July 5, 1995) that required computer
hardware and software that enabled observers to send NMFS electronic
data on all catcher/processors, motherships, and shoreside processors
that process groundfish. 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. In April 2006, a final rule (71 FR 20346,
April 20, 2006) was issued that, in part, revised hardware requirements
to allow software upgrades installation. These rules referred to the
electronic data submission and communications system as ``Atlas.''
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 from shoreside and stationary floating processors are found
at Sec. 679.50(g)(1) and (g)(2). This electronic data submission and
communications system is now called the observer communications system
(OCS), rather than ``Atlas''. The OCS consists of computers and
communications equipment supplied by catcher vessels, catcher/
processors, motherships, and shoreside and stationary floating
processors, as well as customized software provided to these entities
by NMFS. The OCS lets observers rapidly process data they collect and
report it to NMFS. Its use on catcher vessels, catcher/processors,
motherships, and shoreside and stationary floating processors has
enhanced timely and accurate fisheries data reporting.
Regulations at Sec. 679.50(g)(1) and (g)(2) require that each OCS
computer's processing chip, memory, operating system, disk drive, and
modem meet minimum specifications. Since their initial implementation,
OCS requirements have been periodically revised. NMFS has required
upgrades as commercially available software became obsolete or
unsupported by its manufacturer, or when NMFS upgraded the OCS software
component.
Rather than continually specify hardware and software component
that support new OCS software through rulemakings, this action removes
the specific hardware and software component requirements. NMFS will
now require that each catcher vessel, catcher/processor, mothership,
and shoreside and stationary floating processor already subject to OCS
requirements provide hardware and software that is fully functional and
operational with the NMFS-supplied software. The term ``functional''
will mean that all the tasks and components of the NMFS supplied
software and data transmissions to NMFS could be executed effectively
by the computer equipment. NMFS will no longer revise OCS hardware and
software requirements through rulemaking. As changes to the software
component of the OCS become necessary to support electronic
communications of observer data, Observer Program staff will
communicate in writing with vessel and plant personnel to describe
those changes. Catcher vessels, catcher/processors, motherships, and
shoreside or stationary floating processors subject to OCS requirements
are required to ensure that their computer hardware and software
components continue to meet the functionality and operational
requirements.
Observer Program staff are currently upgrading the OCS software
component. One reason for the upgrade is that the commercial database
software used to store observer-collected information and interface
with the OCS software is no longer supported by the manufacturer. The
new OCS software should increase overall data quality by increasing the
functionality and efficiency of the OCS, and interface with new,
supported commercial database software. The new OCS software is
expected to be available for installation for the 2008 fishing year.
The new OCS software will be installed by NMFS field personnel on
vessel and processor OCS computers. Under this regulatory action,
catcher vessels, catcher/processors, motherships, and shoreside or
stationary floating processors must ensure their OCS computer meets the
minimum specifications necessary for the software to execute all of its
tasks, including communication with NMFS computers to transmit data for
the 2008 fishing year.
Changes to OCS Regulations
Presently, Sec. 679.50(g)(1)(iii)(B)(1) and (g)(2)(iii)(B)(1)
describe the minimum technical hardware and software standards for the
OCS-use computer. This action removes the technical standards, but the
OCS-use computer is still required to be connected to a communication
device that provides a point-to-point modem connection to the NMFS host
computer.
This action implements regulations at Sec. 679.50(g)(1)(iii)(B)(2)
and (g)(2)(iii)(B)(2) that require catcher vessel, catcher/processor,
mothership, and shoreside or stationary floating processor operators to
install the most recent NMFS-provided OCS software version or other
NMFS-approved, commercially available software. While no commercially
available software has been approved at this time, NMFS will consider
approving commercially available software in the future.
This action revises the current OCS-computer operational standards.
OCS hardware must be fully functional and operational under regulations
at Sec. 679.50(g)(1)(iii)(C) and (g)(2)(iii)(C). According to these
regulations, ``functional'' means that the hardware can initiate and
transmit data to NMFS. Under this action, ``functional'' will address
software as well as hardware. ``Functional'' will now mean that all
NMFS-supplied, or other approved software's tasks and components, must
be fully functional and operational on the computer equipment. In
addition to adding a software function standard, this action
redesignates Sec. 679.50(g)(1)(iii)(C) and (g)(2)(iii)(C) as Sec.
679.50(g)(1)(iii)(B)(3) and (g)(2)(iii)(B)(3), respectively, to require
that both software and hardware OCS components be functional.
The revisions described above are necessary to accommodate the
larger, more sophisticated software and database programs provided, or
otherwise approved, by NMFS.
The proposed rule to revise requirements for the facilitation of
observer data transmission and improve inseason support for observers
was published in the Federal Register on March 29, 2007 (72 FR 14764),
and the public review and comment period closed on April 27, 2007. No
comments were received during the comment period.
Small Entity Compliance Guide
Regulations governing observer coverage requirements for vessels
and processors that participate in the groundfish fisheries off Alaska
are found at 50 CFR part 679. A copy of these regulations are available
on the internet at http://www.fakr.noaa.gov/regs/summary.htm. They also
are available by mail. If you wish to receive
[[Page 36898]]
a copy of these regulations by mail, call NMFS Alaska Region,
Sustainable Fisheries Division at (907) 586-7228 or write to NMFS
Alaska Region at the address listed in the ADDRESSES section of this
final rule. These regulations identify which vessels and processors are
required to have observers, when observers are required, and the
related responsibilities of the vessel owner or operator and the
manager of the processing plant. The requirements implemented in this
final rule are one category of responsibilities for vessel operators
and managers of shoreside processing plants or stationary floating
processors that are required to have observers. All vessel operators
and managers of shoreside processing plants or stationary floating
processors that are required to have observers also are required to
provide the observer with access to a computer that is connected to a
communication device that provides a point-to-point connection to the
NMFS host computer. The most recent release of NMFS data entry software
provided by the Regional Administrator, or other approved software,
must be installed on this computer. In addition, the required
communication equipment that is available for use by the observers must
be fully functional and operational. ``Functional'' means that all the
tasks and components of the NMFS supplied, or other approved, software
described at paragraph 50 CFR part 679(g)(1) and the data transmissions
to NMFS can be executed effectively aboard the vessel by the
communications equipment.
Classification
The Administrator, Alaska Region, NMFS, determined that the
regulatory amendment is necessary for the conservation and management
of the groundfish fisheries off Alaska and that it is consistent with
the Magnuson-Stevens Fishery Conservation and Management Act and other
applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
An Initial Regulatory Flexibility Analysis (IRFA) was prepared for
the proposed rule, and described in the Classification section of the
preamble to the rule. The public comment period ended on March 23,
2007. No comments were received on the IRFA or the economic impact of
the rule.
NMFS prepared a FRFA which incorporates the IRFA and a summary of
the analyses completed to support the action. A copy of this analysis
is available from NMFS (see ADDRESSES). A summary of the analysis
follows.
The need for and objectives of the rule are set forth in the
preamble and are not repeated here.
This action requires vessels and shoreside or stationary floating
processors to meet current technology standards necessary to support
OCS software changes as they occur. Entities subject to OCS
requirements include all motherships, catcher/processors, shoreside or
stationary floating processors, and catcher vessels required to carry
an observer at all times. This action revises requirements for the
facilitation of observer data transmission and improves support for
observers. All motherships have gross revenues in excess of $4 million
and are considered large entities. Data available for 2005 indicate
that 17 of the 83 catcher/processors active in the groundfish fisheries
that year are considered small entities. One catcher vessel is believed
to meet the criterion for a small entity. NMFS staff estimate that
three stationary or shoreside floating processors have fewer than 500
employees worldwide, and are considered small.
Upgrade costs to accommodate anticipated changes to OCS software
are estimated to average $93 for all catcher/processors, $200 for all
motherships, $315 for all shoreside and stationary floating processors,
and $438 for all catcher vessels required to carry an observer at all
times under this action. For the 17 catcher/processors considered small
entities, the cost is estimated at about 0.004 percent of one year's
gross revenues. Due to confidentiality restrictions, 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.
Alternative 1 described in the RIR/FRFA is the status quo
alternative. Current regulations regarding computing and communications
equipment would remain in effect.
Alternative 2 would remove current hardware and software
specifications for all vessels and shoreside or stationary floating
processors currently subject to OCS requirements, and instead require
them to ensure the computer provided for use by an observer meets the
minimum specifications necessary for the NMFS-provided OCS software to
execute all of its tasks, including communication with NMFS computers
to transmit data.
Alternative 3 would revise current regulations to upgrade minimum
hardware and software specifications for all vessels and shoreside or
stationary floating processors currently subject to OCS requirements.
Future changes to OCS software that would require hardware and software
upgrades would require additional rulemaking.
Alternative 2 was selected as the preferred alternative because it
removes the need for NMFS to continually revise regulations to specify
hardware and software component upgrades that are needed to support
evolving OCS software. Alternative 2 provides more flexible and
responsive regulations than the current specific technical requirements
that quickly become out of date.
Alternative 1 was rejected because it does not meet the data
quality and collection goals of the Observer Program. This is
especially the case as more management programs are implemented that
require near real-time data reporting for purposes of determining
target and prohibited species catch quota harvests. Alternative 3 was
rejected because, while it would meet short-term fishery dependent
reporting goals, it does not meet the long-term goals of improving
flexibility for NMFS staff to work directly with industry to ensure
they meet the OCS requirements.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. A small
entity compliance guide is included in this final rule.
No additional recordkeeping, reporting, or compliance requirements
are associated with this action.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: June 29, 2007.
Samuel D. Rauch III,
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:
[[Page 36899]]
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., 3631 et seq.;
Pub. L. 108 199, 118 Stat. 110.
0
2. In Sec. 679.50, paragraph (g)(1)(iii)(C) is redesignated as
paragraph (g)(1)(iii)(B)(3) and revised; paragraph (g)(2)(iii)(C) is
redesignated as paragraph (g)(2)(iii)(B)(3) and revised; and paragraphs
(g)(1)(iii)(B)(1) and (2), and (g)(2)(iii)(B)(1) and (2) are revised to
read as follows:
Sec. 679.50 Groundfish Observer Program.
* * * * *
(g) * * *
(1) * * *
(iii) * * *
(B) * * *
(1) Observer access to computer. Making a computer available for
use by the observer. This computer must be connected to a communication
device that provides a point-to-point connection to the NMFS host
computer.
(2) NMFS-supplied software. Ensuring that the catcher/processor,
mothership, or catcher vessel specified in this paragraph (g)(1) has
installed the most recent release of NMFS data entry software provided
by the Regional Administrator, or other approved software.
(3) Functional and operational equipment. Ensuring that the
communication equipment required in this paragraph (g)(1)(iii)(B) and
that is used by observers to enter and transmit data, is fully
functional and operational. ``Functional'' means that all the tasks and
components of the NMFS supplied, or other approved, software described
at paragraph (g)(1)(iii)(B)(2) of this section and the data
transmissions to NMFS can be executed effectively aboard the vessel by
the communications equipment.
* * * * *
(2) * * *
(iii) * * *
(B) * * *
(1) Observer access to computer. Making a computer available for
use by the observer. This computer must be connected to a communication
device that provides a point-to-point connection to the NMFS host
computer.
(2) NMFS-supplied software. Ensuring that the shoreside or
stationary floating processor specified in paragraph (g)(2) of this
section has installed the most recent release of NMFS data entry
software provided by the Regional Administrator, or other approved
software.
(3) Functional and operational equipment. Ensuring that the
communication equipment required in paragraph (g)(2)(iii)(B) of this
section and that is used by observers to enter and transmit data, is
fully functional and operational. ``Functional'' means that all the
tasks and components of the NMFS supplied, or other approved, software
described at paragraph (g)(2)(iii)(B)(2) of this section and the data
transmissions to NMFS can be executed effectively aboard the vessel by
the communications equipment.
* * * * *
[FR Doc. E7-13133 Filed 7-5-07; 8:45 am]
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