[Federal Register Volume 67, Number 63 (Tuesday, April 2, 2002)]
[Proposed Rules]
[Pages 15517-15522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7930]


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DEPARTMENT OF COMMERCE

National Oceanic Atmospheric Administration

50 CFR Part 679

[Docket No. 011219306-1306-01; I.D. 110501A]
RIN 0648 AM44


Fisheries of the Exclusive Economic Zone Off Alaska; Proposed 
Rule to Amend Regulations for Observer Coverage Requirements for 
Vessels and Shoreside Processors in the North Pacific Groundfish 
Fisheries

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 issues a proposed rule to amend regulations governing the 
North Pacific Groundfish Observer Program (Observer Program). This 
action is necessary to refine observer coverage requirements and 
improve support for observers. The proposed rule is intended to ensure 
continued collection of high quality observer data to support the 
management objectives of the Fishery Management Plan for the Groundfish 
Fishery of the Bering Sea and Aleutian Islands Area and the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (FMPs). It is 
intended to promote the goals and objectives contained in those FMPs.

DATES: Comments on this proposed rule must be received by May 1, 2002.

ADDRESSES: Comments should be sent to Sue Salveson, Assistant Regional 
Administrator for Sustainable Fisheries, Alaska Region, NMFS, P.O. Box 
21668, Juneau, AK 99802, Attn: Lori Gravel, or delivered to the Federal 
Building, 709 West 9th Street, Juneau, AK. Copies of the Regulatory 
Impact Review/Initial Regulatory Flexibility Analysis (RIR/IRFA) 
prepared for this proposed regulatory action and the Environmental 
Assessment (EA) prepared for the 1997 Extension of the Interim North 
Pacific Groundfish Observer Program may also be obtained from the same 
address.

FOR FURTHER INFORMATION CONTACT: Bridget Mansfield, 907-586-7228.

SUPPLEMENTARY INFORMATION: Background
    NMFS manages the U.S. groundfish fisheries of the Gulf of Alaska 
(GOA) and the Bering Sea and Aleutian Islands (BSAI) management areas 
in the exclusive economic zone (EEZ) under the FMPs for those areas. 
The North Pacific Fishery Management Council (Council) prepared the 
FMPs under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act). General regulations that 
also pertain to U.S. fisheries appear at subpart H of 50 CFR part 600. 
Regulations implementing the interim Groundfish Observer Program were 
published November 1, 1996 (61 FR 56425), amended December 30, 1997 (62 
FR 67755), and December 15, 1998 (63 FR 69024), and extended through 
2002 under a final rule published December 21, 2000 (65 FR 80381). 
NMFS' Observer Program provides for the collection of observer data 
necessary to manage Alaska groundfish fisheries. Observers provide 
information on total catch estimation, discard, prohibited species 
bycatch, and biological samples that are used for stock assessment 
purposes.
    At its June 1998 meeting, the Council requested that NMFS analyze 
alternatives to respond to several areas of concern that the Council 
believes detract from the overall achievement of the goals of the 
Observer Program. At its June 2000 meeting, the Council adopted 
remedial actions to address these concerns. The actions in this 
proposed rule are intended to address concerns about (1) shoreside 
processor observer coverage; (2) shoreside processor observer 
logistics; and (3) observer coverage requirements for vessels fishing 
with groundfish pot gear. These issues are separate such that agency 
approval or disapproval of one proposed action would not affect the 
others.
    The need, justification, and economic impacts for each of the 
actions in this proposed rule, as well as impacts of the alternatives 
considered, were analyzed in the RIR/IRFA prepared for this action (see 
ADDRESSES). A description for each proposed measure follows:

Shoreside Processor Observer Coverage

    Current regulations at Sec.  679.50(d) require each shoreside 
processor to project for each calendar month the amount, in metric tons 
(mt), of groundfish that is expected to be received or processed at 
that facility. Observer coverage requirements for each month are based 
on those projections. A shoreside processor that processes 1,000 mt or 
more in round weight equivalent of groundfish during a calendar month 
is required to have an observer present at the facility each day it 
receives or processes groundfish during that month. These processors 
are considered to have 100-percent coverage. A shoreside processor that 
processes 500 to 1,000 mt in round weight equivalent of groundfish 
during a calendar month is required to have an observer present at the 
facility at least 30 percent of the days it receives or processes 
groundfish during that month. These shoreside processors are considered 
to have 30-percent coverage. Some shoreside processors may alternate 
between 30-percent and 100-percent coverage from month to month.
    The current monthly observer coverage regime can result in coverage 
in some shoreside processors during periods of a month when relatively 
small amounts of groundfish are received. This is experienced primarily 
by the shoreside processors with 100- percent coverage. For instance, 
if 1,000 mt of groundfish are received or processed by the end of the 
first or second week in a month, but the shoreside processor receives 
or processes very small amounts of groundfish for the remainder of the 
month, it would still be required to maintain 100-percent observer 
coverage for all delivery or processing days.
    The proposed action would maintain the current monthly observer 
coverage periods at shoreside processors based on monthly landings 
projections. However, during a month when a directed fishery for 
pollock or Pacific cod closes, a shoreside processor with 100-percent 
coverage requirements that received

[[Page 15518]]

pollock or Pacific cod from the fishery that closed in that given month 
would have the option to reduce observer coverage to 30- percent 
coverage requirements for the remainder of that month under certain 
conditions. These conditions are: (1) The shoreside processor must 
maintain observer coverage for 30 percent of all days that groundfish 
are received or processed for the remainder of that month; and (2) 
groundfish landings received by the shoreside processor may not exceed 
250 mt/calendar week for the remainder of that month. If a shoreside 
processor is expected to receive greater than 250 mt/wk during any 
calendar week of that month, the shoreside processor would be required 
to return to 100-percent observer coverage for the days fish are 
received or processed during that week and until processing of all 
groundfish received during that week is completed.
    The reduced observer coverage period for a given shoreside 
processor would be authorized beginning on the fourth calendar day 
following the day that a pollock or cod fishery closes, allowing for 
observation of the delivery and processing of fish received prior to 
the closure, and would end on the last day of that month. Observer 
coverage for the month following would be based on monthly landings 
projections and thresholds as specified under current regulations at 
Sec.  679.50, but also may be reduced for that month under the 
conditions of this proposed action. The RIR/IRFA prepared for this 
action indicates that some observer costs borne by the shoreside 
processors would be relieved without significantly impacting the 
quality or quantity of data collected by observers necessary for 
scientific or management purposes.
    The Community Development Quota (CDQ) and American Fisheries Act 
(AFA) programs' observer coverage requirements found at Sec.  
679.50(d)(4) and (5), respectively, currently supersede general 
observer coverage requirements for shoreside processors, and will 
continue to take precedence over this proposed action.

Shoreside Processor Observer Logistics

    Regulations at Sec.  679.50(i)(2)(v) require observer contractors 
to provide all logistics to place and maintain observers at the site of 
a processing facility. This responsibility includes all travel 
arrangements, lodging, per diem, and any other services required to 
place observers at the processing facility.
    Observers have experienced logistical difficulties impeding their 
ability to be present at a shoreside processor to observe groundfish 
deliveries. These difficulties primarily have been due either to 
unreliable means of communication resulting in lack of notification by 
the shoreside processor or to unreliable transportation to the 
shoreside processor after being notified of an expected delivery. 
Observers have reported missing part of or entire deliveries when 
expected motorized transportation is delayed or does not arrive, and 
have had to walk or ride a bicycle between 1 mile and 5 miles in rain, 
snow, or sub-freezing temperatures when no alternative transportation 
is available.
    Shoreside processor observers must be present at deliveries to 
perform prescribed duties. These include advising vessel observers of 
processing protocol at the shoreside processor, providing relief to 
vessel observers, verifying deliveries are weighed and accurately 
recorded, and obtaining biological samples from each delivery. When the 
shoreside processor observer is not present during a delivery, vessel 
observer sampling errors and loss of prohibited species data for that 
delivery may occur. Further, the shoreside processor observer cannot 
fulfill all prescribed duties, which could lead to loss of catch data 
and biological samples.
    Observers have also reported being housed in substandard lodging 
while deployed at shoreside processors. Rooms with leaky ceilings or 
walls have been reported, as well as rooms located in shoreside 
processors next to loud machinery that operates 24 hours a day, 
preventing observers from sleeping. Observers generally spend from a 
week up to 3 months at a particular shoreside plant.
    The Observer Program has determined that the difficulties described 
have generally been corrected by observer contractors, although these 
problems could resume at any time. Therefore, the intention of the 
proposed action is to ensure that such problems as described here do 
not recur in the future.
    This proposed rule would amend the observer regulations to require 
the observer contractor to provide the following logistical support to 
observers deployed at shoreside processors: adequate housing meeting 
certain standards; reliable communication equipment such as an 
individually assigned phone or pager for notification of upcoming 
deliveries or other necessary communication; and, if the observer's 
accommodations are greater than 1 mile away from the processing 
facility, reliable motorized transportation to the shoreside processor 
that ensures timely arrival to allow the observer to complete assigned 
duties.

Groundfish Pot Fishery Observer Coverage Requirements.

    Under current regulations at Sec.  679.50(c)(1), all catcher/
processors or catcher vessels 60 ft (18.3m) LOA and greater, but less 
than 125 ft (38.1 m) LOA that fish for groundfish in the BSAI or the 
GOA are required to have an observer aboard for at least 30 percent of 
all fishing days in a calendar quarter and for at least one complete 
fishing trip for each groundfish category it fishes in that same 
quarter. Catcher/processors or catcher vessels 125 ft (38.1 m) LOA and 
greater are required to have an observer aboard for 100 percent of all 
fishing days in a calendar quarter. Vessels 125 ft (38.1 m) LOA and 
greater using pot gear are only required to maintain observer coverage 
for 30 percent of their fishing days. There are no observer coverage 
requirements for catcher vessels delivering unsorted catch to 
motherships.
    A fishing day is defined as ``a 24 hour period from 0001 hours 
Alaska local time (A.l.t.) through 2400 hours A.l.t., in which fishing 
gear is retrieved and groundfish are retained.'' For purposes of 
observer coverage, a fishing trip for catcher vessels not delivering to 
a mothership is defined in the following way: ``the time period during 
which one or more fishing days occur, that starts on the day when 
fishing gear is first deployed and ends on the day the vessel offloads 
groundfish, returns to an Alaskan port or leaves the EEZ off Alaska and 
adjacent waters of the State of Alaska.'' A fishing trip for a catcher/
processor or catcher vessel delivering to a mothership is defined, with 
respect to observer coverage requirements, in the following way: ``a 
weekly reporting period during which one or more fishing days occur.''
    With exceptions for CDQ and AFA fisheries, observer coverage levels 
have remained generally unchanged since they were implemented in 1989 
under FMP Amendments 18/13, which established the domestic Observer 
Program in the North Pacific. Coverage levels were initially 
established based on an analysis of precision in observer catch 
estimates and program costs. A comprehensive review of coverage needs 
by fishery would take into account all scientific, management, and 
compliance needs. The issue of observer coverage requirements is beyond 
the scope of this analysis.
    Reports have been filed since 1996 by observers documenting 
circumstances where vessel operators indicated that they were 
retrieving only one pot while the observer was aboard to meet the 
minimum coverage requirement. In

[[Page 15519]]

1998 alone, over 160 retrievals of one pot per day or trip were made. 
These pots have often been set within a 30-minute steam from the dock. 
This practice is not prohibited under the current regulations and 
technically satisfies the coverage requirements. However, it is not 
considered within the range of normal fishing activity. Overall, 
observer data for the groundfish pot fishery from 1998-1999 indicate 
that an average of 123 pots were retrieved per day when an observer was 
aboard.
    NMFS understands that occasions may arise when a trip must be 
shortened or the number of pots retrieved in a day may be fewer than 
average, but deliberate effort reduction when an observer is aboard 
results in biased data that are not representative of fishing effort, 
as intended. Observer coverage requirements are intended to capture 
unbiased data for a given fishery under normal fishing conditions. 
Observer coverage of days with intentionally reduced gear retrieval, 
compared to normal fishing activity, results in far less observer data 
collected relative to actual overall fishing effort. This inhibits the 
opportunity to accurately monitor fishing practices, catch rates and 
discards for in-season management, and reduces opportunity for 
collection of biological data used in stock assessments. When 
extrapolated to the level of the pot fleet, observer data from 
deliberate low effort days become more significant and artificially 
bias effort downward. Observer data show that the majority of pot 
retrievals per vessel per day is approximately between 95 and 200, with 
an average of 123, although daily retrieval rates range up to 500 or 
more per day.
    The proposed action is intended to improve observer coverage 
requirements by ensuring that observer coverage levels more accurately 
reflect normal fishing effort across the groundfish pot fleet. NMFS 
considers the number of pot retrievals to be a better measure of actual 
fishing effort in the groundfish pot fishery than the number of fishing 
days. Ensuring that a certain percentage of pot retrievals will be 
observed, while not changing the basic coverage level, gives fisheries 
managers greater confidence that observer data extrapolated across the 
pot gear fleet to unobserved vessels would better reflect fleet-wide 
prohibited species catch, target catch, and bycatch and discard rates, 
because actual fishing effort may vary considerably between days when 
gear is retrieved. Biological data collected for stock assessments 
would likewise benefit in the same way.
    The proposed action would amend coverage requirements for the 
groundfish pot gear fishery such that a vessel equal to or longer than 
60 ft (18.3 m) LOA fishing with pot gear that participates more than 3 
days in a directed fishery for groundfish in a calendar quarter would 
need to carry an observer during at least 30 percent of the total 
number of pot retrievals for that calendar quarter. Such vessels also 
would need to continue to carry an observer for at least one entire 
fishing trip using pot gear in a calendar quarter, for each of the 
groundfish fishery categories in which the vessel participates during 
that calendar quarter. Groundfish will still be required to be retained 
each day the observer is on board and gear is retrieved, in order for 
the gear retrieved on that day to count toward observer coverage 
requirements.

Confidentiality of Observer Personal Information

    Since 1991, observers have reported that resumes containing 
employment histories, home addresses and phone numbers, as well as past 
observer deployment evaluations, have been forwarded to fishing 
companies by the observer contractors without the observer's 
permission. This personal information was often forwarded on to 
individual vessels aboard which the observer was deployed.
    The potential exists for misuse and abuse of this personal 
information, with overt intimidation of observers being the primary 
concern. Observers have reported that such personal information has 
been referred to by vessel personnel during discussions of potential 
violations raised by the observer. The manner in which such information 
was referred to has been interpreted by some observers as an 
implication of potential forthcoming repercussions or the questioning 
of an observer's qualifications. This type of direct or implied 
intimidation can result in observers, particularly those less 
experienced, declining to report potential violations witnessed during 
a deployment, thus undermining their effectiveness in monitoring 
fisheries activities and practices.
    In 1996, a group of observers asked both NMFS and the Association 
of Professional Observers (APO) to request that observer providers 
cease the practice of distributing observer's personal information. 
Upon such a request by NMFS and the APO, observer providers verbally 
agreed to stop forwarding personal information about observers to 
industry. However, concerns remain that this practice could resume in 
the future in the absence of regulations prohibiting it.
    At the Council's request, alternatives for resolution of this issue 
were presented at the April 2000 Council meeting and final action was 
taken by the Council in June 2000. The Council voted to add an 
additional alternative to the analysis which would prohibit the release 
of personal information such as might be found on an observer's resume, 
including social security number, home address and phone number, and 
employment history, but would exclude observers' deployment scores and 
evaluations from the prohibition on distribution. Subject to 
exceptions, however, the Privacy Act generally prohibits the release of 
records on individuals held by the Federal government without prior 
written consent by that individual. As such, there are restrictions on 
the release of, among other information, an observer's deployment 
scores or evaluations, except under certain circumstances as explained 
below.
    Under the current observer service delivery model, in which 
observers are not Federal employees and no contract exists between the 
government and observer providers (providers), NMFS' control over 
deployment of observers is limited. Providers have responsibility for 
providing qualified observers and monitoring their performance to 
ensure satisfactory execution of their duties (see Sec.  
679.50(i)(2)(i) and (xiii)). The providers' chief means of monitoring 
observer performance, and thus of deciding whether to continue to hire 
an individual, is through observer deployment evaluations and scores 
that are issued by NMFS and forwarded to the contractor upon the 
completion of each deployment.
    Observer provider companies' monitoring of observer performance is 
considered by NMFS to be beneficial toward achieving an Observer 
Program goal of maintaining high quality data. NMFS is in the process 
of establishing a Privacy Act ``system of records'' for individual 
observer information. One routine use that will be established will be 
to provide observer deployment scores and evaluations to observer 
providers.
    The Council stated that its concern in voting to allow interested 
industry participants access to observer evaluations and deployment 
scores is based on instances related by vessel or plant owner/operators 
that their complaints against observers were not adequately addressed 
by NMFS. The Council stated that it felt that if an observer with a 
poor deployment record continued to be deployed, industry participants 
should have access to this information. However, NMFS has long-standing 
policies for handling observers with poor deployment scores or

[[Page 15520]]

evaluations and for addressing complaints about observers by vessel or 
plant owner/operators. The agency believes these policies are more 
effective in resolving potential problems than having contractors 
provide industry access to personal information about an observer.
    For each completed deployment, the observer is thoroughly debriefed 
by Observer Program staff who are all prior observers and are 
professionally trained to conduct debriefings. The debriefer reviews 
all data, observer logbooks, and other assigned tasks related to this 
deployment for accuracy and completion of duties for all the vessels or 
plants covered by the observer during that deployment. A review of the 
observer's sampling techniques and handling of other procedural issues 
is conducted and any needed improvements are discussed. All necessary 
data corrections are made by the observer during the debriefing. Any 
necessary affidavits are also prepared by the observer at this time. 
Upon completion of the debriefing, the debriefer prepares a written 
final evaluation of the observer's performance for that deployment. It 
includes descriptions of the challenges faced by the observer and 
whether the observer handled each issue successfully or unsuccessfully. 
The evaluation also includes a recommendation on rehiring the observer, 
and any conditions required to be met by the observer upon rehire, such 
as specific training or briefing requirements.
    Currently, observers are also given an overall score of 0 or 1 for 
each deployment. A score of 1 indicates that the observer has met 
Observer Program expectations, and a score of 0 indicates that the 
observer has not met Observer Program expectations for that deployment. 
The severity of circumstances and reasons may vary for NMFS issuing a 
deployment score of 0. When such circumstances are considered quite 
serious, an investigation may be initiated. An observer in such cases 
may be suspended, and in the most serious cases, decertified. However, 
each case is considered individually with due diligence by Observer 
Program staff.
    Complaints from vessel owner/operators or plant managers regarding 
specific observers are considered individually by the Observer Program. 
If a chronic, valid problem is found with an individual observer, a 
recommendation for not rehiring that observer may be issued. In the 
most extreme cases, an observer could be suspended or decertified. 
While some complaints about observers may be valid and are dealt with 
according to program policy, vessel or plant owner/operators sometimes 
may be concerned by activities of an observer who is appropriately 
following NMFS protocol. In these cases, NMFS will work with vessel or 
plant personnel to facilitate a better understanding of the observer's 
duties.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This proposed 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 number 0648-
0318.
    Notwithstanding any other provision of the 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.
    NMFS determined that this proposed rule warrants a Categorical 
Exclusion from National Environmental Policy Act (NEPA) requirements 
for an EA. The changes proposed in this action are consistent with the 
intent and purpose of the Interim Observer Program, and the proposed 
actions fall within the scope of the EA, the RIR and the Final 
Regulatory Flexibility Act (FRFA) analyses prepared for the 1997 
Interim Groundfish Observer Program (August 27, 1996). The proposed 
actions will not result in a significant change from those assessed in 
that EA/RIR/FRFA, because it would implement only minor administrative 
and technical changes to an existing regulation. The changes will 
provide improved benefits to those listed in the August 27, 1996, EA/
RIR/FRFA for the Interim Observer Program, the RIR/FRFA for the 
extension of the Interim Observer Program through 1998 dated October 
28, 1997, and the RIR/FRFA for the extension of the Interim Observer 
Program through 2000, dated June 4, 1998. Copies of these analyses are 
available from NMFS (see ADDRESSES).
    NMFS prepared an IRFA, which describes the impact this proposed 
rule would have on small entities, if adopted. The RFA requires that 
the IRFA describe significant alternatives to the proposed rule that 
accomplish the stated objectives of the applicable statutes and 
minimize any impact on small entities. The IRFA must discuss 
significant alternatives to the proposed rule such as (1) establishing 
different reporting requirements for small entities that take into 
account the resources available to small entities, (2) consolidating or 
simplifying of reporting requirements, (3) using performance rather 
than design standards, and (4) allowing exemptions from coverage for 
small entities. A copy of this analysis is also available from NMFS 
(see ADDRESSES).
    Observer costs borne by vessels and processors are based on whether 
an observer is deployed aboard a vessel or at a shoreside processor, 
and on overall coverage needs. Higher costs are borne by those vessels 
and shoreside processors that require higher levels of coverage. Most 
of the catcher vessels participating in the groundfish fisheries off 
Alaska that are required to carry an observer (i.e., vessels 60 ft 
(18.3 m) LOA and longer) meet the definition of a small entity under 
the Regulatory Flexibility Act (RFA). Since 1995, about 270 catcher 
vessels annually carry observers. The FRFAs prepared for the 1998 and 
2000 Interim Observer Program describe the degree to which these 
vessels may be economically impacted by observer coverage levels or 
other regulatory provisions of the Observer Program.
    This proposed action is expected to result in economic impacts 
benefitting shoreside processors that are able to reduce observer 
coverage levels during a month in which the closure of a pollock or cod 
fishery occurs. Exact quantification of the overall effects on observer 
coverage at shoreside plants in the BSAI and GOA is not possible due to 
the number of unpredictable variables involved, particularly fishery 
closure dates. However, the approximate timing of pollock and cod 
fishery closures could result in some reduced observer coverage five 
months per year under this proposed change. The CDQ and AFA observer 
requirements, which would take precedence over general coverage 
requirements under this alternative, are not factored into the IRFA 
analysis, except to note that plants receiving fish caught under those 
programs would benefit less in terms of cost savings from coverage 
reduction. Reduction in observer coverage under the conditions of this 
proposed action are most likely to result in savings between $270-
$1,620 per month per plant, based on per-day observer costs to 
industry, excluding additional costs such as the observer's airfare. 
This action does provide the opportunity for a plant that has decided 
to reduce observer coverage in a month to return to 100-percent 
observer coverage for the remainder of the month and lift the 250-

[[Page 15521]]

mt/week cap on landings received if a fishery is reopened.
    Requiring both adequate observer housing and reliable motorized 
transportation when observers stay a mile or more from their duty 
stations is unlikely to cause significant economic effects. 
Furthermore, there are no alternatives that would meet statutory 
objectives yet impose fewer economic impacts.
    Economic impacts from the requirement that shoreside observers be 
assigned cell phones or pagers to ensure notification of upcoming 
deliveries is estimated for cell phones to be approximately $5,250 for 
the first year and $4,243 for each subsequent year per contractor, and 
pager costs per contractor would be $1,820 for the first year and 
$1,288 for each subsequent year.
    Distributed equally between the five active contractors, costs per 
contractor for cell phones would be $5,250 for the first year and 
$4,243 for each subsequent year. Pager costs would be $1,820 for the 
first year and $1,288 in subsequent years. These estimations will vary 
as the number of shoreside processors needing observer coverage varies 
and as the number of contractors that provide observers to the 
shoreside processor varies.
    Based on NMFS' understanding of current financial arrangements 
between observer contractors and industry clients, it is assumed that 
any costs associated with provision of individually assigned cell 
phones or pagers to observers will be passed by the contractors on to 
their industry clients, and will not ultimately impact the contractors. 
Of the approximately 27 shoreside processors that would absorb these 
costs, approximately 5 might be considered small entities. These 
industry clients are regulated entities such that they are required to 
have observer coverage, but would not be directly required to supply 
the cell phones or pagers. Total annual costs that would be passed onto 
each of these small entities are estimated to be $750 per cell phone 
for the first year of this service, with subsequent years at $600 per 
year. Total annual costs that would be passed onto each of these small 
entities for the first year of pager service, including purchase and 
activation fee, are estimated to be $260, while subsequent years are 
estimated at $180 per pager.
    Two options are proposed for communications devices, cell phones 
and pagers, with pagers offered as a much less expensive option, 
minimizing significant economic impact on affected small entities. 
Additional alternatives for direct communication devices for observer 
communication with shoreside processors are not available, since 
observers are highly mobile. VHF radios were not considered since they 
would not be restricted to use with vessels at sea.
    Alternatives were also considered to better achieve observer 
coverage reflecting actual fishing effort within the groundfish pot 
fishery, so that observer data received by in-season managers 
accurately reflect catch and effort levels. The status quo alternative, 
while posing no additional burden to small entities, would fail to 
achieve these important management and monitoring objectives. The 
preferred alternative would require that pot vessels carry observers 
for 30 percent of the pots retrieved instead of for 30 percent of the 
fishing days in a calendar quarter. This does not change overall 
coverage requirements and presents minimal impact on small entities, 
with a possible exception of a small number of vessels who legally, but 
intentionally, minimize their observer coverage relative to their 
actual fishing effort, contrary to the intent of coverage requirements. 
While this alternative may result in an increase in costs for this 
small group of vessels as a result of more observer days to meet 
coverage requirements, this theoretically should not be necessary. This 
alternative actually offers to all vessels the possibility of saving 
some observer costs by introducing an incentive to retrieve more gear 
while an observer is aboard, thereby reducing observer days.
    Four other alternatives and/or options considered, while achieving 
the management goals of collection of observer data representative of 
catch and effort levels, would each impose greater costs on small 
entities than either the status quo or preferred alternatives. These 
alternatives/options include: (1) requiring a groundfish pot vessel to 
have an observer aboard during at least 30 percent of the total pot 
retrievals by that vessel in that calendar quarter and for at least 30 
percent of its fishing days in that calendar quarter; (2) requiring a 
groundfish pot vessel have an observer aboard during at least 30 
percent of the total pot retrievals by that vessel in that calendar 
quarter, and for at least 30 percent of its fishing days in that 
calendar quarter, and for the retrieval and delivery of at least 30 
percent of the landed catch by that vessel for that calendar quarter; 
(3) amending the definition of a fishing day for pot vessels, for 
purposes of observer coverage, as a 24-hour period from 0001 hrs A.l.t. 
- 2400 hrs A.l.t. during which at least 12 sets are retrieved and 
groundfish are retained; and (4) requiring all groundfish pot vessels 
equal to or greater than 60 ft (18.3 m) LOA to carry an observer each 
day it fishes with pot gear during a calendar quarter.
    The overall implementation of the Interim Observer Program includes 
measures that minimize the significant economic impacts of observer 
coverage requirements on at least some small entities. Vessels less 
than 60 ft (18.3 m) LOA are not required to carry an observer while 
fishing for groundfish. Similarly, vessels 60 ft (18.3 m) LOA and 
longer, but less than 125 ft (38.1 m) LOA, have lower levels of 
observer coverage than those 125 ft (38.1 m) LOA and longer. These 
requirements, 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 significantly adversely affecting the implementation of the 
conservation and management responsibilities imposed by the FMPs and 
the Magnuson-Stevens Act.

List of Subjects in 50 CFR Part 679

    Fisheries, Reporting and recordkeeping requirements.

    Dated: March 27, 2002.
Rebecca Lent,
Deputy Assistant Administrator, for Regulatory Programs, National 
Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 679 is 
proposed to be 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, paragraphs (d)(3) through (6) are redesignated 
as (d)(4) through (7); paragraph (c)(1)(vii), newly redesignated 
paragraph (d)(4) and paragraphs (i)(2)(v) and (i)(2)(xiii) are revised; 
and new paragraph (d)(3) is added to read as follows:


Sec.  679.50  Groundfish Observer Program applicable through December 
31, 2002.

* * * * *
    (c) * * *
    (1) * * *
    (vii) Vessels using pot gear. (A) A catcher/processor or catcher 
vessel equal to or greater than 60 ft (18.3 m) LOA fishing with pot 
gear that participates for more than 3 fishing days in a directed 
fishery for groundfish in a calendar quarter must carry an observer:

[[Page 15522]]

    (1) For at least 30 percent of the total number of pot retrievals 
for that calendar quarter, and
    (2) For at least one entire fishing trip using pot gear in a 
calendar quarter, for each of the groundfish fishery categories defined 
under paragraph (c)(2) of this section in which the vessel 
participates.
    (B) Groundfish are required to be retained each day that pot gear 
is retrieved in order for that gear to count toward observer coverage 
requirements for all catcher vessels and catcher/processors using pot 
gear and required to carry observers.
* * * * *
    (d) * * *
    (3) Is subject to observer requirements specified in paragraph 
(d)(1) of this section that receives pollock or Pacific cod, may reduce 
observer coverage in the event that a directed fishery for such species 
closes, subject to the following conditions:
    (i) The shoreside processor must maintain observer coverage for 30 
percent of all days that groundfish are received or processed, 
beginning on the fourth calendar day following the day that the 
directed fishery for pollock or Pacific cod was closed and ending on 
the last day of the month, except as allowed in paragraph (d)(3)(iv) of 
this section.
    (ii) Observer coverage for the month following the month with 
reduced observer coverage will be based on monthly landings projections 
and thresholds as specified in paragraphs (d)(1) and (2) of this 
section, but may also be reduced for that subsequent month as specified 
in this paragraph (d)(3) of this section.
    (iii) Total groundfish landings received by a shoreside processor 
under reduced observer coverage as authorized under this paragraph 
(d)(3) may not exceed 250 mt per calendar week.
    (iv) If greater than 250 mt in round weight equivalent of 
groundfish are projected to be received in a given calender week by a 
shoreside processor during a month with reduced observer coverage, as 
authorized under this paragraph (d)(3), the shoreside processor must 
return to observer coverage requirements as specified in paragraph 
(d)(1) of this section until processing of all fish received during 
that week is completed. The shoreside processor may then return to 
reduced observer coverage as authorized under this paragraph (d)(3) for 
the remainder of the calendar month.
    (4) Offloads pollock at more than one location on the same dock and 
has distinct and separate equipment at each location to process those 
pollock and that receives pollock harvested by catcher vessels in the 
catcher vessel operational area.
* * * * *
    (i) * * *
    (2) * * *
    (v) Providing all necessary transportation, including arrangements 
and logistics, of observers to the initial location of deployment, to 
all subsequent vessel and shoreside processor assignments during that 
deployment, and to the debriefing location when a deployment ends for 
any reason. It is the responsibility of the observer provider company 
to ensure the maintenance of the observers aboard the fishing vessels, 
including lodging, per diem, and any other necessary services. It is 
the responsibility of the observer provider company to maintain 
observers at the site of a shoreside processing facility by providing 
lodging and per diem and any other necessary services. Each observer 
deployed to a shoreside processing facility, and each observer between 
vessel or shoreside assignments while still under contract with a 
certified observer provider company, shall be provided with 
accommodations at a licensed hotel, motel, bed and breakfast, or with 
private land-based accommodations for the duration of each shoreside 
assignment or period between vessel or shoreside assignments. Such 
accommodations must include an individually assigned bed for each 
observer for the duration of that observer's shoreside assignment or 
period between vessel or shoreside assignments, such that no other 
person is assigned to that bed during the same period of the observer's 
shoreside assignment or period between vessel or shoreside assignments. 
Additionally, no more than four beds may be in any individual room 
housing observers at accommodations meeting the requirements of this 
section. Each observer deployed to shoreside processing facilities 
shall be provided with individually assigned communication equipment in 
working order, such as a cell phone or pager for notification of 
upcoming deliveries or other necessary communication. Each observer 
assigned to a shoreside processing facility located more than 1 mile 
from the observer's local accommodations shall be provided with 
motorized transportation that will ensure the observer's arrival at the 
processing facility in a timely manner such that the observer can 
complete his or her assigned duties. Unless alternative arrangements 
are approved by the Observer Program Office.
* * * * *
    (xiii) Monitoring observers' performance to ensure satisfactory 
execution of duties by observers and observer conformance with NMFS' 
standards of conduct under paragraph (h)(2) of this section and 
ensuring that all records on individual observer performance received 
from NMFS under the routine use provision of the Privacy Act remain 
confidential and are not further released to anyone outside the employ 
of the observer provider company to whom the observer was contracted 
except with written permission of the observer.
* * * * *
[FR Doc. 02-7930 Filed 4-1-02; 8:45 am]
BILLING CODE 3510-22-S