[Federal Register Volume 67, Number 143 (Thursday, July 25, 2002)]
[Proposed Rules]
[Pages 48604-48609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18862]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 020412085-2085-01; I.D. 022102B]
RIN 0648-AP66


Fisheries of the Exclusive Economic Zone Off Alaska; Electronic 
Reporting Requirements

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 requirements for the facilitation of 
observer data transmission and improve support for observers. The 
proposed rule is intended to ensure continued timely transmission 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 (BSAI) and the Fishery Management Plan for 
Groundfish of the Gulf of Alaska (groundfish FMPs) for those industry 
sectors already subject to such requirements. It would improve the 
timely transmission of high-quality observer data for a sector of 
catcher vessels in these fisheries.

DATES: Comments on this proposed rule must be received by August 26, 
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 9\th\ Street, Juneau, AK. Copies of the Regulatory 
Impact Review/Initial Regulatory Flexibility Analysis (RIR/IRFA) 
prepared for this proposed regulatory action may be obtained from the 
same address. Send comments on information collection requests to NMFS 
and to OMB, Office of Information and Regulatory Affairs, Office of 
Management and Budget, Washington, DC 20503 (Attn: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Bridget Mansfield, 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 areas in the 
Exclusive Economic Zone (EEZ) under the groundfish FMPs. 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). Regulations at 50 CFR part 679 
implement the FMPs. General regulations that also pertain to U.S. 
fisheries appear at subpart H of 50 CFR part 600. Regulations 
implementing the interim 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). The Observer 
Program provides for the collection of observer data necessary to 
manage the Alaska groundfish fisheries by providing information on 
total catch estimation, discard, prohibited species catch (PSC) and 
biological samples that are used for stock assessment purposes.

[[Page 48605]]

 The observers also provide information related to compliance with 
regulatory requirements.
    The regulations implementing the Observer Program at Sec.  679.50 
require observer coverage aboard fishing vessels and shoreside 
processors that participate in the Alaska groundfish fisheries. Timely 
communication between the fishing industry and NMFS through catch 
reports submitted to NMFS by both industry and observers is crucial to 
the effective in-season monitoring of the groundfish quotas and PSC 
allowances. At its June 1995 meeting, the Council recommended that NMFS 
issue regulations that would require all catcher/processors, 
motherships, and shoreside processors that process groundfish to have 
computer hardware and software that would enable observers to send 
electronic data to NMFS. Catcher/processors and motherships were 
recommended to have satellite communications technology to allow 
transmission of the data from the vessel.
    Regulations requiring electronic submission of observer reports 
were implemented in 1995 at Sec. 679.50(f) for catcher/processors, 
motherships and shoreside processors through the application of an 
observer communications system (OCS), previously referred to as the 
``ATLAS'' system. This system is composed of specified electronic 
hardware supplied by the vessel or shoreside processor and dedicated 
software provided by NMFS that together allow observers to communicate 
daily with NMFS, including transmitting data. This permits real-time 
data processing, improves timeliness of making data available to 
managers, and allows managers to assess daily activities of the fishing 
fleet. These data have led to fishery closures that more accurately 
reflect actual catch levels and facilitate conservation and optimal 
management of this valuable living marine resource.
    In a letter dated February 7, 2000, NMFS informed the Council that 
the agency intended to initiate rulemaking that would implement 
upgrades in the specifications for required hardware and software that 
support the OCS, and would extend these requirements to some catcher 
vessels. At its February 2000 meeting, the Council noted its support 
for this initiative.
    NMFS proposes to require operations already subject to OCS 
requirements to adopt hardware upgrades to meet current technology 
standards necessary to support the OCS software and to require hardware 
installed in vessels to be maintained in a functional mode. NMFS 
further proposes to exclude some catcher vessels from the requirements, 
thereby amending an error in the final rule implementing the 1995 OCS 
requirements, which erroneously included all catcher vessels. This 
proposed rule would, however, require all catcher vessels required to 
carry observers during 100 percent of their fishing days to comply with 
the regulations at Sec.  679.50(f) governing the installation and 
maintenance of necessary equipment supporting the OCS system.
    Hardware Upgrades. Current regulations stipulate that any vessel 
required to carry one or more observers must facilitate transmission of 
observer data to NMFS by providing equipment consisting of a computer 
and communications equipment that meet certain specifications. Hardware 
requirements specified in these regulations to support OCS were 
considered state of the art at the time they were implemented in 1995. 
Computer technology has advanced at a rapid rate since then. As a 
result, the current minimum hardware requirements are technologically 
out of date and are difficult to maintain or even obtain. The OCS 
software application developed by NMFS to effect at-sea communication 
with observers has been updated recently to be more effective and now 
requires more powerful computers on which to run. Requiring the updated 
hardware is necessary to meet current technology standards.
    Included in this hardware update is a requirement that allowable 
communications equipment provide point-to-point communications, which 
is a necessary function to support all of the operations that OCS 
requires. A point-to-point communications system allows the computer 
with OCS software to connect directly to the NMFS host computer and 
modem. Point-to-point communication connections would allow direct 
confidential communication between NMFS and observers, which has been 
shown to be necessary for effective problem solving in various at-sea 
situations. Examples of communication systems that provide point to 
point communications are INMARSAT Standard-A, Standard-B, mini-M, and 
Iridium. Vessels using INMARSAT Standard C terminals and associated 
software to transmit data, which are allowed under current regulations, 
do not provide point-to-point communication connections and would not 
meet the hardware requirement proposed in this rule. The inability of 
INMARSAT Standard C to allow observers and NMFS to maintain secure 
communications without interfacing with vessel personnel is of 
particular concern.
    Functionality. Current regulations requiring the communications 
equipment aboard vessels to support OCS do not require that the 
hardware be functional. The equipment would be considered functional 
when specified equipment aboard a vessel can initiate a data 
transmission to a device, such as a satellite, that provides a point-
to-point communication connection with minimum specifications outlined 
in the regulations. The vessel would not be responsible for ensuring 
the actual reception of the data by the satellite or other device. 
Regulations for shoreside processor communication equipment do require 
the equipment to be maintained in a functional mode.
    The inadvertent omission of an equipment functionality requirement 
for vessels has resulted in NMFS' lack of ability to receive electronic 
observer data from up to nine catcher processors (approximately 10 
percent of all catcher processors required to have this equipment) that 
have not properly installed or maintained the communications equipment. 
Additionally, other vessels have taken up to 7 months to repair or 
complete initial installation of functional equipment. This has 
compromised in-season monitoring of harvest quotas and has resulted in 
or contributed to events leading to quotas being exceeded. Therefore, 
NMFS proposes to amend the regulations to require that equipment be 
functional.
    Catcher Vessels Requirements. Current regulations stipulate that 
any vessel required to carry one or more observers must facilitate 
transmission of observer data to NMFS by providing equipment meeting 
specifications outlined by regulations cited above. The original intent 
of the regulations was to apply these requirements to all catcher/
processors, motherships, and shoreside processors subject to observer 
coverage requirements. Catcher-only vessels were not intended to be 
included in these requirements. The proposed rule for implementing 
these regulations (60 FR 45393, August 31, 1995) and the preamble to 
the final rule (61 FR 63759, December 2, 1996) correctly reflect the 
original intent to restrict the requirements to catcher/processor 
vessels, motherships, and shoreside processors. However, the regulatory 
language in the final rule incorrectly extends the regulations to all 
vessels subject to observer coverage, including all catcher vessels. 
This proposed rule would correct that error by amending the requirement 
so that it would not include indiscriminately all catcher

[[Page 48606]]

vessels but would require all catcher vessels that are required to 
maintain 100-percent observer coverage as specified in regulations at 
Sec. 679.50(c)(1)(iv) to install and maintain hardware and software 
supporting the OCS communications system as amended in this proposed 
rule.
    Prior to 2000, all shoreside harvest data from processors were 
faxed to NMFS in a weekly production report. Weekly submission of these 
reports roughly matched the availability of observer data from 
shoreside processors. In 2000, an electronic reporting system (distinct 
from OCS) was implemented to replace the weekly production report. 
Daily electronic reports from shoreside processors of shoreside 
deliveries provide NMFS with landings information within one day of a 
delivery. This allows for partial real-time management of the 
groundfish species such as pollock that are specifically allocated to 
the inshore sector or of harvest restrictions specific to catcher 
vessels under the American Fisheries Act sideboard provisions. However, 
availability to NMFS of observer PSC and discard data for a given 
delivery does not match the timeliness of the landings data.
    The necessary timely monitoring for in-season management of PSC and 
discard data is not possible under the observer data reporting system 
currently used by catcher vessels delivering to inshore processors. 
Shoreside catcher vessel observers opportunistically transmit data via 
fax to NMFS from a shoreside processor, which can be between 5 and 14 
days after a given haul is made. This delay is caused in part by the 
fact that an observer usually must return to sea immediately upon 
completion of the delivery, leaving no time for the observer to compile 
data into a format appropriate for fax transmission to NMFS, most often 
several hours worth of work. Once received by NMFS, the faxed data 
subsequently must be hand entered into an electronic database, further 
delaying the availability to in-season managers. Even if a catcher 
vessel observer had time available for data compilation and 
transmission from the shoreside processor, logistical problems remain. 
Shoreside processors do support OCS communication systems for 
transmission of observer data. However, OCS software on these systems 
is designed specifically for shoreside processor applications and does 
not support observer data collected at sea. While the shoreside system 
could be adapted to support data collected by vessel observers, other 
logistical problems prevent reliable use of these systems by catcher 
vessel observers. These difficulties include vessel observers having to 
return to sea prior to data input and transmission via the OCS 
communications system, as well as the lack of reliance on access to 
shoreside computers and communications equipment that support the OCS 
system. Offices that house this equipment at the shoreside processors 
generally are not open 24 hours a day, while deliveries may be 
completed at any time during the day.
    Installation of OCS software, in combination with point-to-point 
modem communication capability aboard shoreside catcher vessels would 
allow daily electronic transmission of catch data. This would provide 
NMFS with observer data from catcher vessels within 24 hours of 
receiving their delivery reports from the shoreside processor. At-sea 
discards and PSC could then be accounted for together with the landings 
data in real-time for each OCS-equipped vessel. Such real-time, in-
season management would be expected to result in fisheries closures 
that better approximate actual quotas.
    Additionally, observer data quality problems can have a significant 
impact on PSC estimates and fishery closure projections. Resulting 
management errors can include early closure of a fishery, which results 
in direct lost revenue to the fleet, or over-harvest of a PSC fishery 
allowance, which can impact other fisheries as the total annual PSC 
limit is reached.
    The OCS program provides several advantages and improvements to 
NMFS' current management systems which result in higher quality data. 
These include:
    Improved data recording efficiency. Observers using OCS initially 
record data on deck forms. These data are then entered into the 
vessel's computer and sent electronically to NMFS. Data received by 
NMFS are automatically screened for errors and may be accessed by users 
in a database in a timely manner. Without OCS, data are transcribed 
from deck forms to paper and faxed to NMFS for subsequent electronic 
entry. Less paperwork provides observers with more time to dedicate to 
sampling.
    Consistent, secure communications with observer program staff and a 
reduction in the overall frequency of errors. OCS communications allow 
NMFS to assign to each deployed observer an in-season advisor who 
screens data for errors and advises the observer throughout their 
deployment, resulting in improved observer performance and a reduction 
in errors. The quality of timely data available for in-season 
management decisions is thus greatly improved.
    Faster, more efficient, and higher quality debriefing. The OCS 
application automatically screens out many potential data errors at the 
point of entry. These data are further screened by the in-season 
advisor, and all data are again screened by computer programs and 
corrected at the point of debriefing. These processes eliminate hand 
checking of paper data forms, further reducing debriefing time and 
allowing for faster availability of the final data.
    Installation and maintenance of OCS aboard catcher vessels 
requiring 100-percent observer coverage would eliminate 1,100 faxed 
observer reports and the associated processing per year. Availability 
of timely data on PSC by this sector of the fleet, which is largely 
made up of American Fisheries Act-qualified catcher vessels that are 
members of inshore cooperatives, would improve in-season management of 
the BSAI pollock and Pacific cod trawl fisheries. In the BSAI pollock 
trawl fishery, salmon and herring PSC are of concern, and in the BSAI 
Pacific cod trawl fishery, halibut bycatch is of concern. Although the 
few Pacific cod trawl fishery closures that have occurred since 1998 
have been based primarily on TACs being reached, prior to 1998, BSAI 
Pacific cod trawl fishery closures were based on halibut bycatch 
allowances being caught before the TAC was reached. Improved timeliness 
of PSC data transmission would allow NMFS resources to be reallocated 
to processing faxed data received from observers aboard vessels that 
are subject to 30-percent coverage requirements. Overall, this would 
result in the expedited availability to managers and improved quality 
of all in-season data from all catcher vessels in the BSAI and the Gulf 
of Alaska (GOA). This timely information is also of benefit to industry 
through access via NMFS web sites. Fleets coordinate their activity to 
avoid bycatch hot spots, reducing costly PSC closures. This can only 
work where rapid access to the information is available.
    Additional need for more timely harvest data from catcher vessels 
comes from management measures implemented to temporally and spatially 
disperse some groundfish fisheries in near shore areas of the EEZ off 
Alaska (67 FR 956, January 8, 2002). These measures were developed in 
response to a Biological Opinion initiated as part of a formal 
consultation under section 7 of the Endangered Species Act on the 
impact of federally managed groundfish fisheries on

[[Page 48607]]

endangered Steller sea lions in Alaska. The measures involve some time-
area restrictions for the pollock, Pacific cod and Atka mackerel 
fisheries including harvest limits in Steller sea lion critical 
habitat. To ensure compliance with these measures, levels of groundfish 
harvest must be monitored on a real-time basis.
    Catcher vessels delivering to catcher/processors and motherships 
deliver unsorted codends with no fish retained aboard the catcher 
vessel. They, therefore, require no observer coverage. These catcher 
vessels would not be required to install and maintain the OCS on board. 
Catcher vessels greater than 60 ft (18.3 m) LOA fishing for groundfish 
using pot gear are subject to 30-percent observer coverage during a 
calendar quarter and would therefore be unaffected by this proposed 
rule.
    Shoreside Processor Requirements. Shoreside processor 
responsibilities are clarified. Specifically, all shoreside processors 
required to maintain observer coverage at any time during the year are 
also required to install and maintain electronic reporting equipment--
hardware and software--as specified in the rule.

Classification

    This proposed rule has been determined to be significant for 
purposes of Executive Order 12866.
    NMFS prepared an RIR/IRFA, which describes the impact this proposed 
rule would have on small entities, if adopted.
    An estimated five to 10 catcher/processors or motherships vessels 
would be required to upgrade their computers to meet the requirements 
in this proposed rule. Current market prices for a reliable computer at 
this level are about $800. An estimated 22 vessels would be required to 
upgrade their communications systems from INMARSAT Standard C 
communications hardware and would have to choose between Standard B 
hardware at about $20,000 per unit, Mini-M hardware at about $4,500, or 
Iridium at $2,200. The initial investment from all catcher processors 
and motherships required by these proposed requirements would be 
approximately $56,000, with annual maintenance and data transmission 
savings of $1,000. These savings relate to aggregate maintenance and 
data transmission costs for the catcher/processor or mothership class 
of vessels. The net savings of about $1,000 represent aggregate data 
transmission savings of about $2,263 minus aggregate additional annual 
maintenance costs of about $1,208.
    Of the 27 shoreside processors that would be subject to 
requirements in this proposed rule, 15 are estimated to already be 
capable of using the new system. Eleven of the remaining shoreside 
processors need to install both the computer and the communications 
system; one shoreside processor needs to upgrade its computer. The 
initial investment from this sector as a whole would be approximately 
$34,000, with little change in annual maintenance and data transmission 
costs.
    Assuming that none of the 31 catcher vessels required to carry an 
observer for 100 percent of their fishing days have installed the 
necessary communications equipment, but that approximately 30 percent 
of them have computers compatible with OCS specifications, the initial 
investment from this sector as a whole would be approximately $86,000, 
with annual maintenance and data transmission costs of about $19,000.
    Catcher vessels requiring 30-percent observer coverage that deliver 
to shoreside processors would not be required by this proposed rule to 
install and maintain hardware and software needed to support the OCS. 
Although catcher vessels are not covered, had they been included in 
these requirements, the estimated initial investment from this sector 
as a whole would have been approximately $311,000, with annual 
maintenance and data transmission costs of $9,000. The $9,000 cost 
figure would have represented the aggregate cost for maintenance on 
catcher vessels requiring 30-percent observer coverage. Because the 
proposed rule does not apply to such catcher vessels, these costs are 
not incurred.
    However, the benefits of real-time data reporting that the OCS 
would afford are significant. More timely availability of halibut PSC 
data from the GOA deep and shallow trawl complexes, as well as from the 
GOA Pacific cod hook-and-line gear fishery, is needed to improve the 
accuracy of those fisheries' closures. Catcher vessels subject to 30-
percent observer coverage requirements are a considerable component of 
the fleets in these fisheries. Closures in the flatfish trawl fisheries 
in the GOA are based entirely on halibut caps being reached, and the 
lack of timely halibut bycatch data is a significant contributor to GOA 
trawl halibut mortality caps being frequently exceeded. The GOA Pacific 
cod hook-and-line gear fishery closures have been based on halibut 
caps, but those caps are often reached nearly concurrently with the 
TAC. However, availability of observer halibut bycatch data in this 
fishery is critical, because a significant portion of this fleet is 
less than 60 ft (18.3 m) LOA, and therefore not subject to any observer 
coverage.
    NMFS is seeking to eventually fully implement electronic reporting 
of observer data fleet-wide for those operations subject to observer 
coverage requirements in a practicable manner. Methods to implement 
this will be considered in the next few years. Options for 
consideration will include equipping observers with their own laptop 
computers or other electronic devices capable of supporting the OCS 
software, as well as options for linking the observer OCS with 
electronic logbook reporting requirements that are currently being 
considered for fleet-wide implementation. NMFS is specifically seeking 
comments on this issue.
    An Initial Regulatory Flexibility Analysis (IRFA) was conducted in 
accordance with the Regulatory Flexibility Act of 1980 (RFA) and the 
Small Business Regulatory Enforcement Fairness Act of 1996.
    In the IRFA, the proposed alternatives could affect the following 
estimated numbers of small regulated entities: 38 small catcher/
processors, no motherships, 5 processing plants, 31 catcher vessels 
with 100-percent observer coverage, 389 catcher vessels with 30-percent 
observer coverage, and 6 community development quota groups 
representing 65 western Alaska communities. The preferred alternative, 
Alternative C, would affect 38 small catcher/processors, no 
motherships, 5 processing plants, 31 catcher vessels with 100-percent 
observer coverage, and no catcher vessels with 30-percent observer 
coverage.
    Under the preferred alternative (Alt. C), small catcher/processors 
would incur average investment expenses equal, on average, to about 0.2 
percent of one year's gross revenues, and no additional annual 
operating expenses. Small catcher vessels required to have 100-percent 
coverage would incur average investment expenses equal, on average, to 
about 0.3 percent of one year's gross revenues and average annual 
expenditures equal to about 0.1 percent of a year's gross revenues. 
Small shoreside processors would incur average investment expenses 
equal to about 0.1 percent of annual gross revenues, and no significant 
additional expenses. The CDQ groups would be affected by the 
investments and joint ventures in catcher/processors, catcher vessels, 
and shoreside plants. The impacts on these entities were described 
above.
    The RFA requires that the IRFA describe significant alternatives to 
the

[[Page 48608]]

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 reporting requirements; (3) using 
performance rather than design standards; and (4) allowing exemptions 
from coverage for small entities.
    An additional alternative that would have further reduced the 
burden on small entities was considered for implementation but was 
rejected. This alternative would have increased data entry staff at 
NMFS to ensure speedier input of faxed data into the electronic 
database for availability to in-season managers. However, this 
alternative would not sufficiently address the timeliness of data 
availability and could not match the inherent data quality control of 
the OCS.
    Additionally, 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) 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 above. 
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 under the Magnuson-Stevens 
Act. A copy of this analysis is available from NMFS (see ADDRESSES).
    This proposed rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act. The collection of this 
information has been approved by the Office of Management and Budget, 
OMB Control Number 0648-0318.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to 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. Send comments regarding this 
burden estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS and OMB (see ADDRESSES).

List of Subjects in 50 CFR part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: July 19, 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 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 (f)(1)(iii)(A), (f)(1)(iii)(B), 
(f)(1)(iii)(C), (f)(2) introductory text, (f)(2)(iii)(B), and 
(f)(2)(iii)(C) are revised and paragraph (f)(3) is added to read as 
follows:


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

* * * * *
    (f) * * *
    (1) * * *
    (iii) * * *
    (A) Observer use of equipment. Allowing NMFS-certified observers to 
use the vessel's communications equipment and personnel, on request, 
for the confidential entry, transmission, and receipt of work-related 
messages, at no cost to the NMFS-certified observers or the nation.
    (B) Communication equipment requirements. In the case of an 
operator of a catcher/processor or mothership that is required to carry 
one or more observers, or a catcher vessel required to carry an 
observer as specified in paragraph (c)(1)(iv) of this section:
    (1) Hardware and software. Making available for use by the observer 
a personal computer in working condition that contains a full Pentium 
120 Mhz or greater capacity processing chip, at least 32 megabytes of 
RAM, at least 75 megabytes of free hard disk storage, a Windows 9x or 
NT compatible operating system, an operating mouse, and a 3.5-inch (8.9 
cm) floppy disk drive. The associated computer monitor must have a 
viewable screen size of at least 14.1 inches (35.8 cm) and minimum 
display settings of 600 x 800 pixels. The computer equipment specified 
in paragraph (f)(1)(iii)(B) of this section 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. 
Processors utilizing a modem must have at least a 28.8kbs Hayes-
compatible modem.
    (2) NMFS-Supplied software. Ensuring that the catcher/processor, 
mothership, or catcher vessel specified in paragraph (f)(1)(iii)(B) of 
this section obtains and has installed the data entry software provided 
by the Regional Administrator for use by the observer.
    (C) Functional and operational equipment. Ensuring that the 
communications equipment required at paragraph (f)(1)(iii)(B) of this 
section, and that is used by observers to enter and transmit data, is 
fully functional and operational, where ``functional'' means that data 
transmissions to NMFS can be initiated effectively aboard the vessel by 
such communications equipment.
* * * * *
    (2) Shoreside processor responsibilities. A manager of a shoreside 
processor that is required to maintain observer coverage as specified 
under (d) of this section must:
    (iii) * * *
    (B) Communication equipment requirements--(1) Hardware and 
software. Making available for use by the observer a personal computer, 
in working condition, with a full Pentium 120 Mhz or greater capacity 
processing chip, at least 32 megabytes of RAM, at least 75 megabytes of 
free hard disk storage, a Windows 9x or NT compatible operating system, 
an operating mouse, and a 3.5-inch (8.9 cm) floppy disk drive. The 
associated computer monitor must have a viewable screen size of at 
least 14.1 inches (35.8 cm) and minimum display settings of 600 x 800 
pixels. The computer equipment specified in this paragraph 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. Processors utilizing a modem must have at least a 28.8kbs 
Hayes-compatible modem.
    (2) NMFS-supplied software. Ensuring that the shoreside processor 
obtains and installs the data entry software provided by the Regional 
Administrator for use by the observer.
    (C) Functional and operational equipment. Ensuring that the 
communications equipment required at paragraph (f)(2)(iii)(B) of this 
section and that is used by observers to enter

[[Page 48609]]

and transmit data, is fully functional and operational, where 
functional means that data transmissions to NMFS can be initiated 
effectively by that equipment.
* * * * *
    (3) The owner of a vessel, shoreside processor, or buying station 
is responsible for compliance and must ensure that the operator or 
manager of a vessel or shoreside processor required to maintain 
observer coverage under paragraphs (c) or (d) of this section complies 
with the requirements given in paragraphs (f)(1) and (f)(2) of this 
section.
* * * * *
[FR Doc. 02-18862 Filed 7-24-02; 8:45 am]
BILLING CODE 3510-22-S