[Federal Register Volume 60, Number 169 (Thursday, August 31, 1995)]
[Proposed Rules]
[Pages 45393-45395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21451]



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DEPARTMENT OF COMMERCE
50 CFR Part 677

[Docket No. 950815208-5208-01; I.D. 080295B]
RIN 0648-AE78


Groundfish of the Gulf of Alaska; Groundfish of the Bering Sea 
and Aleutian Islands; North Pacific Fisheries Research Plan; Electronic 
Transmission of Observer Data

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations that would require all catcher/
processor or mothership processor vessels that process groundfish and 
that are subject to observer coverage requirements to have satellite 
communication equipment and the necessary hardware and software for 
electronic transmission of observer data. The proposed regulations 
would also require all shoreside processors that are subject to 
observer coverage and that process groundfish to have the necessary 
computer hardware and software to send data electronically via a modem. 
This equipment is intended for use by observers. Electronic submission 
of observer data is necessary to reduce both the time and expense of 
collecting fishery information by providing real-time data and 
improving the overall efficiency of fisheries management.

DATES: Comments must be received at the following address by September 
29, 1995.

ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802, Attn: Lori Gravel. Individual copies of the environmental 
assessment/regulatory impact review (EA/RIR) prepared for this action 
may be obtained from the same address.

FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228.

SUPPLEMENTARY INFORMATION:
    The domestic groundfish fisheries in the exclusive economic zone of 
the Gulf of Alaska and the Bering Sea and Aleutian Islands (BSAI) 
management area are managed by NMFS in accordance with the Fishery 
Management Plan for Groundfish of the Gulf of Alaska and the Fishery 
Management Plan for the Groundfish Fishery of the Bering Sea and 
Aleutian Islands (FMPs). The FMPs were prepared by the North Pacific 
Fishery Management Council (Council) under the Magnuson Fishery 
Conservation and Management Act. The FMPs are implemented by 
regulations that appear at 50 CFR parts 672, 675, and 676. General 
regulations that also govern the groundfish fisheries appear at 50 CFR 
part 620. Regulations governing the groundfish observer program appear 
at 50 CFR part 677.
    Timely communication between the fishing industry and NMFS is a 
critical element of successful fisheries management. Industry submits 
various reports to NMFS through the fisheries management. Observers 
also submit reports of catch to the NMFS Observer Program. These 
reports are crucial to effective inseason management of the groundfish 
quotas and bycatch allowances. At present, most industry and many 
observer reports are submitted by fax. Faxed reports often must be 
resubmitted to obtain a readable report. Catch data from these reports 
must then be verified and entered into an inseason management database. 
As a result, transmission and processing of faxed reports is costly, 
time-consuming, and can be inefficient for both NMFS and the industry. 
Because of the method by which reports are currently submitted and the 
burden of data entry, information available for management is often not 
current with the real-time status of the fishery. Electronic 
communication of reports would greatly improve management efficiency 
and reduce the costs associated with report submission and processing. 
Implementation of requirements for hardware and software that would 
support electronic transmission of inseason data in a more timely and 
efficient way would benefit both NMFS and the industry.
    At its June 1995 meeting, the Council recommended that NMFS issue 
regulations that would require all processor vessels that process 
groundfish to have on board either an INMARSAT Standard A, B, or C 
unit, as well as the computer hardware and software that would enable 
observer reports to be sent electronically. Shoreside processors would 
be required to have certain computer hardware and software for the 
observers to submit data electronically, using a computer modem. The 
management measure recommended by the Council is detailed below.
    Catch and bycatch data collected by observers are used for inseason 
management of groundfish total allowable catch amounts and prohibited 
species catch limits. This information is provided on a weekly or daily 
basis by the observers. Data received from observers are typically 
verified and entered into electronic data files. The delays and expense 
of the current methods used to finalize observer data create a burden 
on the resources of the NMFS Observer Program Office. Data transmission 
is also costly to processors (e.g., approximately $144/week).
    Entering of observer data is an expensive and time-consuming 
process. Delays in processing inseason data detract from the ability of 
NMFS to keep pace with the real-time activities of the fisheries fleet. 
This results in less efficient management.
    NMFS has had success with the use of electronic data transmission 
from some vessels at sea that use shipboard-based computers, 
communications software, and communications satellites. The time 
required by the Observer Program Office to verify observer data is 
greatly reduced and the time required to enter data into an inseason 
database is essentially eliminated. As a result, information is 
transmitted to inseason managers in a more timely manner. Industry 
benefits through reduced transmission costs and overall increased 
efficiency of fisheries management.
    Under this proposed regulation each processor vessel that is 
subject to observer coverage under regulations at Sec. 677.10, and that 
processes groundfish 

[[Page 45394]]
would be required to have an INMARSAT Standard A, B, or C satellite 
communication unit. These units are all capable of performing the 
necessary data transmission functions; although each one has some 
unique features that might make it more appropriate on some vessels 
compared to others. Those operators of vessels with Standard C units 
must ensure that the unit is capable of transmitting binary files. The 
computer equipment for at-sea processors includes a personal computer 
(PC) with a full 486DX or better processing chip, a DOS version 5.0 or 
greater operating system, 50 megabytes or greater of free hard disk 
storage, 8 megabytes or greater of RAM, a data entry program and 
communications package provided by NMFS, Windows 3.1 or a comparable 
system, and a mouse. With the Standard A and B units, a 14400-baud 
Hayes-compatible modem is necessary.
    Each shoreside processing facility that is subject to observer 
coverage under regulations at Sec. 677.10, and that processes 
groundfish, would be required to have the capability to transmit data 
over telephone lines using a computer modem. These processors would be 
required to obtain a PC with a full 486DX or better processing chip, 
with at least a 14400 baud Hayes-compatible modem, and a phone line, 
DOS 5.0 or greater operating system, 50 megabytes or greater of free 
hard disk storage, 8 megabytes or greater of RAM, a data entry program 
and communications package provided by NMFS, Windows 3.1 or comparable 
system, and a mouse.
    Currently 105 out of 190 processor vessels equal to or greater than 
60 ft (18.29) length overall (LOA) (i.e., those that are currently 
subject to observer coverage requirements) have Standard A satellite 
communication units and an additional 41 processor vessels equal to or 
greater than 60 ft (18.29) LOA have Standard C units.
    As indicated, a large proportion of the fleet currently has this 
satellite communication equipment and uses it for routine operations. 
NMFS is not, therefore, imposing management measures, for most vessels, 
that differ significantly from their current communication systems. 
Figures are not available for how many vessels and shoreside processing 
plants currently have the appropriate computer hardware and software. 
However, the cost of this computer equipment ranges from $1,000-2,500, 
which would not result in significant additional costs for those 
processors that do not have this equipment.
    Some hardware and software requirements in this proposed rule have 
been upgraded from those set out in regulations implementing Amendment 
35 to the BSAI FMP (60 FR 34904, July 5, 1995). The regulations 
implementing Amendment 35 require similar satellite communications 
capability on certain mothership processor vessels and computer 
equipment on certain mothership processor vessels and shoreside 
processors. These changes are necessary to accommodate improvements in 
the data-entry software developed by NMFS. Conforming to these changes 
should not pose undue hardship on the motherships that currently have 
the equipment specified under Amendment 35.
    Equipment that differs from these specifications would not operate 
the data-entry software that allows electronic data transmission to 
NMFS. Not all computer hardware and software and satellite systems are 
compatible, and it would be economically and practically inefficient to 
set up multiple systems to transmit and collect the same information. 
These equipment requirements are consistent with the applicable 
specifications for uniform standards for fishing vessel monitoring 
systems published by NMFS in the Federal Register (March 31, 1994, 59 
FR 15180). Fleet-wide installation of electronic communication 
equipment would benefit the industry through improved inseason 
management of the fisheries.
    This equipment would be used initially by observers to enter and 
transmit data electronically. However, at a future date, NMFS may also 
implement electronic reporting requirements for processors for industry 
reports such as the weekly production reports, check in/out reports, 
and vessel activity reports. These requirements would be proposed under 
separate rulemaking, but NMFS intends that the same or similar 
satellite communication equipment and computer hardware be required for 
processors under that proposed rule. NMFS is currently developing 
software appropriate for those processor reports.

Classification

    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
will not have a significant economic impact on a substantial number of 
small entities. Although this regulation has the potential to affect 
greater than 20 percent of the total universe of small entities, it 
would not result in a reduction in annual gross revenues by more than 5 
percent, annual compliance costs that increased total costs of 
production by more than 5 percent, or compliance costs for small 
entities that are at least 10 percent higher than compliance costs as a 
percent of sales for large entities. As a result, a regulatory 
flexibility analysis was not prepared.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 677

    Fisheries, Reporting and recordkeeping requirements.

    Dated: August 24, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 677 is 
proposed to be amended as follows:

PART 677--NORTH PACIFIC FISHERIES RESEARCH PLAN

    1. The authority citation for part 677 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 677.10, paragraphs (c)(3)(ii), (c)(3)(iii) and 
(d)(3)(ii) are revised to read as follows:


Sec. 677.10  General requirements.

* * * * *
    (c) * * *
    (3) * * *
    (ii) Ensuring that each catcher/processor or mothership processor 
vessel that is subject to observer coverage under Sec. 677.10 and that 
processes groundfish is equipped with either an INMARSAT Standard A, B, 
or C satellite communication unit. The Standard C unit must be capable 
of transmitting binary files. A 14400-baud Hayes-compatible modem must 
be supplied with the Standard A and B units. The operator of each 
catcher/processor or mothership processor vessel shall also make 
available for use by the observer the following equipment or equipment 
compatible therewith: A personal computer with a full 486DX or better 
processing chip, a DOS 5.0 or greater operating system, 50 megabytes or 
greater of free hard disk storage, 8 megabytes or greater of RAM, a 
data entry program and communications package provided by NMFS, Windows 
3.1 or Windows 3.11, and a mouse.
    (iii) Ensuring that the communication equipment that is on catcher/
processor or mothership processor vessels as specified at paragraph 
(c)(3)(ii) of this section, and that is used by observers to 

[[Page 45395]]
transmit data is fully functional and operational.
* * * * *
    (d) * * *
    (3) * * *
    (ii) Ensuring that each shoreside processing facility that is 
subject to observer coverage under Sec. 677.10 and that processes 
groundfish makes available to the observer the following equipment or 
equipment compatible therewith: A personal computer (PC) with a full 
486DX or better processing chip, with at least a 14400-baud Hayes-
compatible modem and a phone line, DOS 5.0 or greater operating system, 
50 megabytes or greater of free hard disk storage, 8 megabytes or 
greater of RAM, a data entry program and communications package 
provided by NMFS, Windows 3.1 or comparable system, and a mouse.
* * * * *
[FR Doc. 95-21451 Filed 8-30-95; 8:45 am]
BILLING CODE 3510-22-F