[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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