[Federal Register Volume 61, Number 232 (Monday, December 2, 1996)]
[Rules and Regulations]
[Pages 63759-63761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30635]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 950815208-6299-02; I.D. 080295B]


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
of the Bering Sea and Aleutian Islands Area; Electronic Reporting

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS is implementing regulations that will require all 
catcher/processor vessels, mothership processor vessels, and shoreside 
processors subject to observer coverage to have electronic 
communication equipment, hardware, and software necessary for 
electronic transmission of observer data. These requirements do not 
apply to processors that do not process groundfish. The 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 to improve the overall 
efficiency of fisheries management. The action is intended to further 
the objectives of the fishery management plans for the groundfish 
fisheries off Alaska.

EFFECTIVE DATE: July 1, 1997.

ADDRESSES: Individual copies of the environmental assessment/regulatory 
impact review (EA/RIR) prepared for this action may be obtained from 
Fisheries Management Division, Alaska Region, NMFS, P.O. Box 21668, 
Juneau, AK 99802, Attn: Lori Gravel. Send comments regarding burden 
estimates or any other aspect of the data requirements, including 
suggestions for reducing the burdens to NMFS and to the Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Washington, D.C. 20503, Attn: NOAA Desk Officer.

FOR FURTHER INFORMATION CONTACT: Sue Salveson, 907-586-7228.

SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the 
exclusive economic zone of the Gulf of Alaska (GOA) and the Bering Sea 
and Aleutian Islands management area (BSAI) 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 Area (FMPs). The FMPs were prepared 
by the North Pacific Fishery Management Council under the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). 
The FMPs are implemented by regulations that appear at 50 CFR part 679.
    Timely communication between the fishing industry and NMFS is a 
critical element of successful fisheries management. Observers submit 
reports of catch to the NMFS Observer Program Office. These reports are 
crucial to effective inseason management of the groundfish quotas and 
prohibited species bycatch allowances. At present, most observer 
reports are submitted by fax and often must be resubmitted to obtain a 
readable copy. Catch data from these reports must then be verified and 
keypunched 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 
observer 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.
    This rule requires each processor vessel subject to observer 
coverage under regulations at Sec. 679.32(c) and Sec. 679.50 to have 
the following equipment: A personal computer (PC) in working condition 
that contains a full 486DX 66Mhz or greater capacity processing chip, 
at least 16 megabytes of RAM, at least 75 megabytes of free hard disk 
storage, DOS version 6.0 or a successor version of the DOS operating 
system, Windows 3.1, 3.11, or Windows95 (or equivalent and

[[Page 63760]]

compatible software approved by NMFS), a 3.5-inch floppy disk drive, a 
28.8kbs Hayes-compatible modem (except with the Standard C units) and a 
mouse. For vessel processors, the above-mentioned equipment must be 
connected to either an INMARSAT Standard C unit or 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. Those 
processors that use an INMARSAT Standard C unit are not required to 
have the 28.8kbs Hayes-compatible modem. NMFS is including the Standard 
C unit in the list of acceptable requirements at the present time to 
accommodate those vessels that are currently using Standard C 
communications. However, the Standard C unit does not conform to the 
requirement to have a point-to-point modem connection; therefore, this 
unit may be removed from the list of required equipment in the future 
once less expensive point-to-point methods become available. NMFS 
expects the Standard C transmission costs to be approximately $60-80 
per week, based on a compressed 11KB file. The 486DX computer equipment 
specified above is the minimum requirement; however, greater processing 
capacity is preferable and would run the NMFS-supplied software more 
efficiently.
    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.
    For shoreside processors, the required equipment must be connected 
to a communication device that provides 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.
    The above-specified hardware requirements for shoreside and at-sea 
processors do not apply to processors that do not process groundfish.
    NMFS published a notice of proposed rulemaking on August 31, 1995 
(60 FR 45393), which specified proposed hardware and software equipment 
that processors subject to observer coverage would be required to 
provide for use by the observer. Reasons for these requirements were 
addressed in that notice. Public comment was invited through September 
29, 1995. One letter of comments was received and is summarized and 
responded to below in the ``Response to Comments'' section.
    NMFS has made the following changes to the final rule from the 
proposed rule: NMFS has modified the final rule to include performance 
based standards for electronic communication instead of requiring 
specific satellite communication units. This change is in response to 
general industry comments received at a meeting on August 8, 1996. The 
proposed rule required INMARSAT Standard A, B, or C units. Under the 
final rule, Standard A and B units would conform to the performance 
standards and are still acceptable. As mentioned above, NMFS will 
continue to accept the Standard C unit until inexpensive point-to-point 
technology is available.
    NMFS has determined that some updates to the computer equipment are 
necessary. The new requirements specify increased RAM and hard disk 
storage space, and update the DOS operating system to version 6.0, as 
well as including Windows95 in the list of acceptable operating 
systems.
    NMFS has also removed some software requirements that were included 
in the proposed rule. NMFS intends to take a more graduated approach to 
implementation of the electronic hardware and software intended to 
support the Observer Program operations. The hardware and some software 
requirements will be established in this final rule for mid 1997. The 
Observer Program Office intends to work with the industry to install 
the observer data entry software and communications package. After all 
of the software has been installed, NMFS intends to initiate rulemaking 
later in 1997 to require full function compliance with the Observer 
Program data entry and electronic communications software. This 
approach will provide both NMFS and the industry ample time and 
opportunity to resolve any unexpected operational details.
    NMFS intends to continue to explore new technology to improve 
electronic communications, including the future use of the Internet. 
NMFS encourages the public to provide information on the feasibility of 
applying new communications technology to at-sea operations, as well as 
means to facilitate shoreside transmission of data.
    This final rule amends a final rule implementing a revised observer 
coverage plan that was published in the Federal Register on November 1, 
1996 (61 FR 56425).

Response to Comments

    Comment: The requirement for electronic reporting will force the 
vessel owners to spend in excess of $30,000 to purchase and install the 
satellite system for the sole purpose of submitting observer data to 
NMFS. The cost to install the system is significant and will cause 
economic hardship for the vessel. NMFS is urged to reconsider this 
requirement for 1995.
    Response: In response to industry comments, NMFS has modified the 
final rule from the proposed rule to specify certain performance 
standards, outlined in the preamble to this rule, for the communication 
technology instead of requiring specific INMARSAT technology. The 
performance standards encompass an INMARSAT Standard A or B satellite 
communication unit for transmission of observer data from at-sea 
vessels. Alternatively, the industry could use other methods that 
conform to the performance standards. On an interim basis, vessels will 
also be permitted to use the INMARSAT Standard C unit. By establishing 
performance standards, NMFS has potentially increased the scope of 
acceptable units and provided more flexibility to the industry. 
Currently, however, approximately 75 percent of the affected industry 
has either an INMARSAT A or C unit. For those vessels that choose to 
purchase an INMARSAT A unit, the cost would be approximately $30,000; 
however, an INMARSAT C unit would cost from $4,000 to $6,000.
    Comment 2: Does the current NMFS computer system have all of the 
problems worked out and will it accept all of these transmissions?
    Response 2: NMFS has been receiving data transmissions from some 
groundfish processor vessels via satellite communications for several 
years. Vessels that have these communications systems voluntarily 
transmit data electronically, because it is a cheaper and more 
effective means of data submission. NMFS has also implemented 
regulations requiring certain processor vessels that participate in 
specified fisheries to provide satellite communication capability for 
transmission of observer data (60 FR 34904, July 5, 1995). These 
requirements provide a reliable and efficient means of submitting and 
receiving observer data for timely inseason management of groundfish 
fisheries. NMFS also intends to implement the hardware and some 
software requirements first and allow gradual implementation of the 
data entry software and communications

[[Page 63761]]

package to provide the opportunity for any potential problems to be 
resolved.

Classification

    The Assistant General Counsel for Legislation and Regulation, 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this rule would not have a 
significant impact on a substantial number of small entities. Although 
this regulation would affect a substantial number of small entities, 
such as a number of shoreside processors, the effects on those 
processors are not anticipated to cause a reduction in annual gross 
revenues by more than 5 percent, have annual compliance costs that 
increase total costs of production by more than 5 percent, or impose 
compliance costs for small entities that are at least 10 percent higher 
than compliance costs as a percent of sales for large entities. This 
rule would require the processors to obtain some computer hardware and 
software, which many of them already have. They would also incur costs 
to transmit data, but the cost is estimated to be small. One comment 
was received concerning the issue of the cost of the required 
equipment. NMFS has responded to this issue above. As a result, a 
regulatory flexibility analysis was not prepared.
    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA). The collection of this 
information has been approved by the Office of Management and Budget, 
OMB Control number 0648-0307. NMFS estimates an installation time of 
approximately 9-13 hours for the satellite communication units. Data 
transmission time is estimated at no more than ten minutes for each 
observer report. Send comments regarding these burden estimates or any 
other aspect of the data requirements, including suggestions for 
reducing the burdens, to NMFS and OMB (see ADDRESSES). Notwithstanding 
any other provision of 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.
    This rule has been determined to be not significant for purposes of 
E.O. 12866.

List of Subjects in 50 CFR Part 679

    Fisheries, Reporting and recordkeeping requirements.

    Dated: November 25, 1996.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR Part 679 is amended 
as follows:

50 CFR CHAPTER VI

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., 1801 et seq.

    2. In Sec. 679.50, paragraphs (f)(1)(iii)(B)(1) and 
(f)(2)(iii)(B)(1) are revised to read as follows:


Sec. 679.50  Groundfish Observer Program applicable through December 
31, 1997.

* * * * *
    (f) * * *
    (1) * * *
    (iii) * * *
    (B) * * *
    (1) Hardware and software. Providing for use by the observer a 
personal computer in working condition that contains a full 486DX 66Mhz 
or greater capacity processing chip, at least 16 megabytes of RAM, at 
least 75 megabytes of free hard disk storage, DOS version 6.0 or a 
successor version of the DOS operating system, Windows 3.1, 3.11, or 
Windows95 (or equivalent and compatible software approved by NMFS), a 
mouse, and a 3.5-inch floppy disk drive. The computer equipment 
specified in this paragraph (B) must be connected to either an INMARSAT 
Standard C unit capable of transmitting binary files or 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. Those processors that 
use other than an INMARSAT Standard C unit must have at least a 28.8kbs 
Hayes-compatible modem. The above-specified hardware and software 
requirements do not apply to processors that do not process groundfish.
* * * * *
    (2) * * *
    (iii) * * *
    (B) * * *
    (1) Hardware and software. Making available for use by the observer 
a personal computer in working condition that contains a full 486DX 
66Mhz or greater capacity processing chip, at least 16 megabytes of 
RAM, at least 75 megabytes of free hard disk storage, DOS version 6.0 
or a successor version of the DOS operating system, Windows 3.1, 3.11, 
or Windows95 (or equivalent and compatible software approved by NMFS), 
at least a 28.8kbs Hayes-compatible modem, a mouse, and a 3.5-inch 
floppy disk drive. The computer equipment specified in this paragraph 
(B) 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. The above-specified hardware and software 
requirements do not apply to processors that do not process groundfish.
* * * * *

[FR Doc. 96-30635 Filed 11-29-96; 8:45 am]
BILLING CODE 3510-22-P