[Federal Register Volume 68, Number 170 (Wednesday, September 3, 2003)]
[Proposed Rules]
[Pages 52378-52380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22456]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 030818203-3203-01; I.D. 071503D]
RIN 0648-AR32


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
Observer Program

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 proposes to amend regulations governing the North Pacific 
Groundfish Observer Program (Observer Program). This action is 
necessary to amend current regulations to provide flexibility in the 
deployment of observers in the Exclusive Economic Zone (EEZ) off the 
coast of Alaska. This action 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) and to promote the goals and 
objectives contained in those FMPs.

DATES: Comments must be received by October 3, 2003.

ADDRESSES: Comments may be mailed to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Durall. Hand delivery 
or courier delivery of comments may be sent to NMFS, 709 West 9th 
Street, Room 420, Juneau, AK 99801. Comments may also be sent via 
facsimile to 907-586-7557. Comments

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will not be accepted if submitted by email or the Internet. 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 Extension of the Interim 
North Pacific Groundfish Observer Program beyond 2002 are available 
from NMFS at the above address, or by calling the Alaska Region, NMFS, 
at (907) 586-7228.

FOR FURTHER INFORMATION CONTACT: Jason Anderson, 907-586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the U.S. groundfish fisheries 
of the Gulf of Alaska (GOA) and the Bering Sea and Aleutian Islands 
Management Area (BSAI) in the Exclusive Economic Zone under the FMPs. 
The North Pacific Fishery Management Council (Council) prepared the 
FMPs pursuant to the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). Regulations implementing the 
FMPs appear at 50 CFR part 679. General regulations that pertain to 
U.S. fisheries appear at subpart H of 50 CFR part 600.
    The Council adopted and NMFS implemented the Interim Groundfish 
Observer Program (Interim Program) in 1996, which superseded the North 
Pacific Fisheries Research Plan (Research Plan). The requirements of 
the Interim Program were extended through 1997 (61 FR 56425, November 
1, 1996), again through 1998 (62 FR 67755, December 30, 1997), again 
through 2000 (63 FR 69024, December 15, 1998), again through 2002 (65 
FR 80381, December 21, 2000), and again through 2007 (67 FR 72595, 
December 6, 2002). The Interim Program provides the framework for the 
collection of data by observers to obtain information necessary for the 
conservation and management of the groundfish fisheries managed under 
the FMPs. Further, it authorizes mandatory observer coverage 
requirements for vessels and shoreside processors and establishes 
vessel, processor, and contractor responsibilities relating to the 
Observer Program.
    A final rule to amend regulations governing observer coverage 
requirements for vessels and shoreside processors in the North Pacific 
Groundfish Fisheries was published in the Federal Register on January 
7, 2003 (68 FR 715). The intent of the final rule was to address 
concerns about: (1) Shoreside processor observer coverage; (2) 
shoreside processor observer logistics; (3) observer coverage 
requirements for vessels fishing with groundfish pot gear; and (4) 
confidentiality of observer personal information. This proposed rule is 
intended to correct and clarify specific provisions of the January 7, 
2003, final rule.
    This proposed rule would amend the current regulations to allow an 
observer to be housed: (1) On a stationary floating processor; (2) on a 
vessel he or she will be assigned to for a time period prior to the 
vessel's departure from port necessary to coordinate the vessel 
observer's deployment logistics and vessel departure plans; (3) on a 
vessel for 24 hours following the completion of an offload where the 
observer has duties and is scheduled to disembark; and (4) on a vessel 
for 24 hours following the vessel's arrival in port when the observer 
is scheduled to disembark.
    Subsequent to publication of the January 7, 2003, final rule, 
Observer Program staff received comments from two separate observer 
providers concerned with their ability to effectively deploy observers 
under the current regulations at Sec.  679.50 (i)(2)(vi). In order to 
account for potential logistics problems, both observer providers 
described a common practice whereby observers are flown to their port 
of departure 3 or 4 days before the vessel is scheduled to depart. 
Flight cancellations and delays due to weather are common so fishing 
companies often request that observers arrive prior to their 
anticipated departure date.
    Observers often arrive at their assigned vessel and encounter 
delays in the vessel's departure. Vessel operators are often unable to 
predict exactly when they will be able to leave port for a fishing trip 
due to weather, mechanical failure, labor disputes, and other 
unanticipated problems. These delays result in periods of time where an 
observer may be housed on an assigned vessel that is not traveling to 
fishing grounds or actively involved in fishing.
    As observers arrive, they move onto their assigned vessels and 
await departure. Under current regulations, observers may not be housed 
on vessels they are assigned to until 24 hours prior to their departure 
time. In their attempt to mitigate potential logistical problems and 
expenses, observer providers may, at times, be in violation of current 
regulations. This action is meant to provide fishing operations with 
planning flexibility to deal with these uncertainties, and give 
observer providers improved opportunities to serve their customers.
    The action would have an effect on observers equivalent to the 
lengthening of a fishing trip. Observers would receive normal 
contracted compensation for the additional days spent on vessels. 
Moreover, fishing operations would pay for the extra days of observer 
availability. This would provide an incentive to the fishing operation 
to only contract for the additional days that were absolutely necessary 
to deal with the departure uncertainty.
    The proposed regulations also provide for housing aboard stationary 
floating processors. Current regulations at 679.50(i)(2)(vi)(B) govern 
the housing requirements for observers assigned to shoreside processing 
facilities and for observers between vessel or shoreside assignments 
while still under contract to an observer provider. Observers are 
commonly deployed to stationary floating processors and catcher vessels 
delivering to stationary floating processors. Stationary floating 
processors are often in remote locations and observers are commonly 
housed on these stationary floating processors before, after, and in 
between catcher vessel assignments and while assigned to a stationary 
floating processor. During review of current regulations at 
679.50(i)(2)(vi)(B) and (C), NMFS realized stationary floating 
processors were not accounted for as possible accommodations for 
observers deployed to catcher vessels delivering to these stationary 
floating processors. This action would extend the requirements to 
observers being deployed in these circumstances. Given the remoteness 
of these stationary floating processors, NMFS considers the practice of 
housing observers deployed to catcher vessels delivering to stationary 
floating processors reasonable. Accommodation requirements at 
679.50(i)(2)(vi)(B) for observers being housed on stationary floating 
processors are the same as those for a licensed hotel, motel, bed and 
breakfast, or other shoreside accommodations.
    Regulations at 679.50(i)(2)(vi)(C) would be amended to clarify that 
these housing requirements apply to observers under contract.
    Further, during review of these regulations, NMFS noticed that 
679.50(i)(2)(vi)(C)(2) and (3) were the same. The proposed amendment to 
the regulations would clarify NMFS intent by accounting for two housing 
situations where the observer is scheduled to disembark the vessel. 
First, the observer could be housed on a vessel for up to 24 hours 
following the completion of an offload where the observer has duties 
and is scheduled to disembark. This accounts for assignments to catcher 
boats which target pollock and the observer is required to monitor the 
offload for prohibited species. Second, the observer

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could be housed on a vessel for 24 hours following the vessel's arrival 
in port where the observer is scheduled to disembark. This accounts for 
assignments to all other vessels where the observer's duties are 
complete upon arrival to port.
    This proposed rule would amend regulations at 679.50(i)(2)(vi)(D) 
by moving text to the preamble. It is a requirement that observers are 
provided housing within the standards outlined in the regulations. 
Therefore, it is implied that alternative housing must be arranged if 
the conditions in paragraph D are not met. This statement is 
interpretive and does not change the intent of NMFS.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An Initial Regulatory Flexibility Analysis (IRFA) was prepared to 
evaluate the impacts of this action on directly regulated small 
entities in compliance with the requirements of Section 603 of the 
Regulatory Flexibility Act (RFA). The reasons for the action, its 
objectives, and its legal basis have been described earlier in the 
preamble. A copy of this analysis is available from NMFS (see 
ADDRESSES).
    For the proposed actions, the small regulated entities include: (1) 
Fishing vessels with observer coverage requirements and total annual 
gross revenues of less than $3.5 million from all the operation's 
commercial activity taken together; (2) processing facilities with 
observer coverage requirements and fewer than 500 employees, when all 
their affiliated operations, worldwide, are combined; (3) the CDQ 
groups; and (4) observer providers. Therefore about 330 small regulated 
entities could be affected by the proposed rule, or about 215 if the 
catcher vessels in the AFA pollock cooperatives are excluded.
    The preferred alternative does not appear to have adverse impacts 
on small entities. The alternative would amend the current regulations 
to allow an observer to be housed: (1) On a stationary floating 
processor; (2) on a vessel he or she will be assigned to for a time 
period prior to the vessel's departure from port necessary to 
coordinate the vessel observer's deployment logistics and vessel 
departure plans; (3) on a vessel for 24 hours following the completion 
of an offload where the observer has duties and is scheduled to 
disembark; and (4) on a vessel for 24 hours following the vessel's 
arrival in port when the observer is scheduled to disembark. This 
alternative provides better opportunities to deal with the 
uncertainties associated with vessel operations and subsequent 
placement of the observer.
    The status quo is the alternative to the preferred action. The 
status quo would not clarify the regulations or provide fishing 
operations with additional flexibility to deal with the uncertainties 
associated with the deployment of observers. The status quo was 
rejected because it would not accomplish the objectives of the action, 
and because it would have a relatively adverse impact on small 
entities.
    This regulation does not impose new recordkeeping or reporting 
requirements on the regulated small entities. This analysis did not 
reveal any Federal rules that duplicate, overlap or conflict with the 
proposed action.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: August 27, 2003.
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 (i)(2)(vi)(B), (C), and (D) are 
revised to read as follows:


Sec.  679.50  Groundfish Observer Program applicable through December 
31, 2007.

* * * * *
    (i) * * *
    (2) * * *
    (vi) * * *
    (B) Except as provided in paragraphs (i)(2)(vi)(C) and 
(i)(2)(vi)(D) of this section, each observer deployed to a shoreside 
processing facility or stationary floating processor, and each observer 
between vessel, stationary floating processor or shoreside assignments 
while still under contract with a permitted observer provider, shall be 
provided with accommodations at a licensed hotel, motel, bed and 
breakfast, stationary floating processor, or other shoreside 
accommodations for the duration of each shoreside assignment or period 
between vessel or shoreside assignments. Such accommodations must 
include an assigned bed for each observer and no other person may be 
assigned that bed for the duration of that observer's stay. 
Additionally, no more than four beds may be in any room housing 
observers at accommodations meeting the requirements of this section.
    (C) An observer under contract may be housed on a vessel he or she 
will be, or currently is, assigned to for a period not to exceed:
    (1) The time period prior to the vessel's departure from port 
necessary to coordinate the vessel observer's deployment logistics and 
vessel departure plans;
    (2) Twenty-four hours following the completion of an offload when 
the observer has duties and is scheduled to disembark; or
    (3) Twenty-four hours following the vessel's arrival in port when 
the observer is scheduled to disembark.
    (D) During all periods an observer is housed on a vessel, the 
observer provider must ensure that the vessel operator or at least one 
crew member is aboard.
* * * * *
[FR Doc. 03-22456 Filed 9-2-03; 8:45 am]
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