[Federal Register Volume 63, Number 240 (Tuesday, December 15, 1998)]
[Rules and Regulations]
[Pages 69024-69025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33186]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 980826225-8296-02; I.D. 081498C]
RIN 0648-AL50
Fisheries of the Exclusive Economic Zone Off Alaska; Extension of
the Interim Groundfish Observer Program through 2000
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 implement a regulatory amendment
to extend the current groundfish observer coverage requirements and
implementing regulations for the North Pacific Groundfish Observer
Program (Observer Program) that expire December 31, 1998. This action
is necessary to assure uninterrupted observer coverage requirements
through 2000.
This action is intended to accomplish the objectives of the Fishery
Management Plan for Groundfish of the Gulf of Alaska and of the Fishery
Management Plan for the Groundfish Fishery of the Bering Sea and
Aleutian Islands Area (FMPs).
DATES: Effective January 1, 1999.
ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact
Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) prepared for
the 1997 Interim Groundfish Observer Program, the RIR/FRFA prepared for
the 1998 Interim Groundfish Observer Program, and the RIR/FRFA prepared
for this final regulatory action may be obtained from the Alaska
Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn: Lori J. Gravel,
or by calling 907-586-7228.
FOR FURTHER INFORMATION CONTACT: Sue Salveson, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
NMFS manages the U.S. groundfish fisheries of the Gulf of Alaska
and the Bering Sea and Aleutian Islands management area in the
Exclusive Economic Zone under the FMPs. The North Pacific Fishery
Management Council (Council) prepared the FMPs under the Magnuson-
Stevens Fishery Conservation and Management Act. Regulations implement
the FMPs at 50 CFR part 679. General regulations that also pertain to
U.S. fisheries appear at subpart H of 50 CFR part 600.
In 1996, the Council adopted, and NMFS implemented, the Interim
Groundfish Observer Program. The Interim Groundfish Observer Program
extended the 1996 mandatory groundfish observer requirements through
1997 (61 FR 56425, November 1, 1996) and again through 1998 (62 FR
67755, December 30, 1997). The intent of the Interim Observer Program
is to provide for the collection of observer data necessary to manage
the Alaska groundfish fisheries while the Council develops a long-term
program that addresses concerns about observer data integrity, observer
compensation and working conditions, and equitable distribution of
observer coverage costs.
At its June 1998 meeting, the Council requested NMFS to develop new
options for an alternative infrastructure for the Observer Program that
would (1) better assure the continued collection of quality observer
data, and (2) address observer coverage cost distribution issues
through a fee collection or alternative funding mechanism. The Council
also recognized that the development of measures to address
[[Page 69025]]
concerns about the continued integrity of observer data and industry
cost distribution issues would take time and coordination among NMFS
staff, different industry sectors, and representatives for observer
interests. At its June 1998 meeting, the Council unanimously requested
NMFS to extend through 2000 the current Interim Observer Program.
On September 8, 1998, NMFS published a proposed rule in the Federal
Register (63 FR 47462) to implement the Council's recommended extension
of the Interim Observer Program through December 31, 2000. The preamble
to the proposed rule discussed NMFS and Council activities and events
that led to the proposed extension of this program. NMFS invited
comments on the proposed rule through October 8, 1998, but did not
receive any by the end of the comment period.
A description of the regulatory provisions of the Interim
Groundfish Observer Program was provided in the proposed rule and final
rule implementing this program (61 FR 40380, August 2, 1996; 61 FR
56425, November 1, 1996) as well as in the proposed and final rule that
extended the interim program through 1998 (62 FR 49198, September 19,
1997; 62 FR 67755, December 30, 1997). Consistent with the final rule
extending the observer program into 1998, Sec. 679.50(i)(1)(i) of the
final rule specifies that observer contractors certified prior to
January 1, 1999, and providing observer services during 1998 will be
exempt from the requirement to submit an application for certification.
The intent of this provision is to alleviate an unnecessary paperwork
burden on those observer contractors who are certified by NMFS and
currently provide observer services. No other changes to the existing
regulations are implemented at this time.
Classification
This final rule has been determined to be not significant for the
purposes of E.O. 12866.
This rule would extend without change existing collection-of-
information requirements subject to the Paperwork Reduction Act (PRA).
The collection of this information has been approved by the Office of
Management and Budget (OMB) under OMB control numbers 0648-0318 and
0648-0307.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall 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.
NMFS prepared a final regulatory flexibility analysis that consists
of the RIR/FRFA and the preambles to the proposed and final rules. A
copy of the RIR/FRFA is available from NMFS (see ADDRESSES). No
comments on the Initial Regulatory Flexibility Analysis were received
during the public comment period on the proposed rule. NMFS has
determined that this final rule could have a significant economic
impact on a substantial number of small entities. Alternatives that
addressed modifying reporting requirements for small entities or the
use of performance rather than design standards for small entities were
not included in the analysis because such alternatives are not relevant
to the proposed action and would not mitigate impacts on small
entities. Allowing exemptions for small entities would not be
appropriate because the objective to assure uninterrupted observer
coverage requirements through 2000 would not be achieved.
However, this action does include measures that will minimize the
significant economic impacts of observer coverage on a least some small
entities. Vessels less than 60 ft (18.3 m) length overall (LOA) are not
required to carry an observer while fishing for groundfish. Vessels
between 60 ft (18.3 m) and 125 ft LOA have lower levels of observer
coverage than those for vessels over 125 ft (38.1 m) LOA. These
measures, which have been incorporated into the requirements of the
North Pacific Groundfish Observer Program since its inception in 1989,
effectively mitigate the economic impacts on some small entities
without adversely affecting the implementation of the conservation and
management responsibilities imposed by the FMPs and the Magnuson-
Stevens Fishery Conservation and Management Act.
The Assistant Administrator for Fisheries, NOAA, finds there is
good cause under the authority contained in 5 U.S.C. 553(d) to waive
the 30-day delay in effectiveness because this rule is not establishing
any new requirements with which affected parties must come into
compliance. As such, there is no need for a delay in effective date.
This rule will become effective on January 1, 1999, at the expiration
of the existing rule.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: December 9, 1998.
Andrew Rosenberg,
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:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.
2. In Sec. 679.50, the section heading and paragraphs (i)(1)(i) and
(i)(1)(iii) are revised to read as follows:
Sec. 679.50 Groundfish Observer Program applicable through December
31, 2000.
* * * * *
(i) * * *
(1) * * *
(i) Application. An applicant seeking to become an observer
contractor must submit an application to the Regional Administrator
describing the applicant's ability to carry out the responsibilities
and duties of an observer contractor as set out in paragraph (i)(2) of
this section and the arrangements and methods to be used. Observer
contractors who were certified prior to January 1, 1999, and who have
provided observer services during 1998 are exempt from this requirement
to submit an application and are certified for the term specified in
paragraph (i)(1)(iii) of this section.
* * * * *
(iii) Term. Observer contractors will be certified through December
31, 2000. NMFS can decertify or suspend observer contractors pursuant
to paragraph (j) of this section.
* * * * *
[FR Doc. 98-33186 Filed 12-14-98; 8:45 am]
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