[Federal Register Volume 69, Number 115 (Wednesday, June 16, 2004)]
[Rules and Regulations]
[Pages 33581-33583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13590]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 040521153-4153-01; I.D. 043004C]
RIN 0648-AS20


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: Final rule; correcting amendment.

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SUMMARY: NMFS issues this final rule, correcting amendment to the 
regulations governing the North Pacific Groundfish Observer Program 
(Observer Program). This action is necessary to correct previous 
rulemakings and to provide consistency with current regulations. This 
final rule is intended to promote the goals and 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).

DATES: Effective on June 16, 2004.

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

SUPPLEMENTARY INFORMATION:

Background

    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 off Alaska 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 approved and implemented the Interim 
Groundfish Observer Program in 1996 (61 FR 56425, November 1, 1996). 
Regulations implementing the Observer Program provide the regulatory 
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, the regulations authorize 
mandatory observer coverage requirements for vessels and shoreside 
processors and establish vessel, processor, and observer provider 
responsibilities relating to the Observer Program.
    A final rule to amend regulations governing the Observer Program 
was published in the Federal Register on December 6, 2002 (67 FR 
72595). The intent of the final rule was to: (1) extend the 
applicability period of the regulations which would have otherwise 
expired on December 31, 2002; (2) clarify and improve observer 
certification and decertification processes; (3) change the duties and 
responsibilities of observers and observer providers to eliminate 
ambiguities and strengthen regulations; and (4) grant NMFS the 
authority to place NMFS staff and other qualified persons aboard 
vessels and at shoreside or stationary floating processors to increase 
NMFS' ability to interact effectively with observers, fishermen, and 
processor employees.
    Subsequent to the publication of the December 6, 2002 (67 FR 72595) 
final rule in the Federal Register, NMFS staff discovered several 
errors in 50 CFR part 679. This correcting amendment corrects those 
errors in the CFR by updating terminology and cross references, 
removing redundant text, and consolidating some paragraphs for 
additional clarity and consistency. The following amendments are 
technical and non-substantive in nature and have no relationship to 
compliance by the public. For these reasons, prior notice and comment 
are unnecessary and NOAA is proceeding to this final rule to effectuate 
the correcting amendment to the regulations.

Need for Corrections

    In Sec.  679.1(f), the date of ``December 31, 2002'' is changed to 
``December 31, 2007'' to reflect the current expiration date of the 
regulations governing the Observer Program.
    Currently, observers must successfully complete a ``briefing'' 
prior to their deployment and receive an endorsement which reflects the 
type of briefing they completed. This rule amends section 679.2 by 
changing the word ``certification'' to ``endorsement'' within the 
definition of ``Briefing'' for consistency with current terminology 
elsewhere in the regulations.
    Also in Sec.  679.2, the definitions of ``Affiliates,'' 
``Decertification,'' ``Direct financial interest'' and ``Suspension'' 
contain the terms ``observer contractor'' or ``observer contractors.'' 
This term, ``observer contractor,'' was changed to ``observer 
provider,'' which is defined elsewhere in Sec.  679.2. This action 
removes this term ``observer contractor'' and replaces it with 
``observer provider'' for consistency with other text in 50 CFR 679.
    In Sec.  679.50(i)(2)(ii), the colon after the end of the paragraph 
title is replaced with a period.
    In Sec.  679.50(i)(2)(i)(C)(4), the reference to (i)(2)(ix)(C) is 
removed and replaced with (i)(2)(x)(C).
    In Sec.  679.50(i)(2)(ii)(A), the reference to (i)(2)(ix)(E) is 
removed and replaced with (i)(2)(x)(E).
    In Sec.  679.50(i)(2)(iii)(B), the reference to (i)(2)(ix)(C) is 
removed and replaced with (i)(2)(x)(C).
    The last sentence at Sec.  679.50(i)(2)(vi)(E) which reads, 
``Unless alternate arrangements are approved by the Observer Program 
Office,'' is redundant with the first line of the next paragraph. The 
provision is restated for no particular reason. This final rule removes 
this redundant text from (i)(2)(vi)(E).
    The term ``Stationary floating processor'' is defined at Sec.  
679.2. Regulations at Sec.  679.50(i)(2)(vii)(D), (i)(2)(ix), 
(i)(3)(i)(A), (i)(3)(i)(B), (i)(3)(i)(C), (i)(3)(ii), 
(j)(2)(i)(A)(1)(i), (j)(2)(i)(A)(1)(ii), and (j)(2)(i)(A)(1)(iii) use 
terminology which is inconsistent with this definition, including 
``floating stationary processors,'' ``floating stationary processing 
facility,'' ``floating stationary processor facility,'' ``floating 
processor facilities,'' and ``floating processor.'' For consistency 
within the regulations, this final rule removes these terms and 
replaces them with ``stationary floating processor'' or ``stationary 
floating processors.''
    The title to Sec.  679.50(i)(2)(x)(G) is revised to read ``Observer 
provider contracts'' to better characterize the contents of the 
paragraph, consistent with other paragraphs in this section. The title 
to paragraph (i)(2)(x)(I) was inadvertently omitted. This final rule 
also adds the title ``Other reports'' to paragraph (i)(2)(x)(I) for 
consistency with other paragraphs in this section.
    Observer coverage requirements for vessels are specified at Sec.  
679.50(c) and for shoreside or stationary floating processors at Sec.  
679.50(d). Regulations at Sec.  679.50(i)(2)(x)(G)(1) and 
(i)(2)(x)(G)(2) together reference all of the observer coverage 
requirements for vessels at

[[Page 33582]]

Sec.  679.50(c). This final rule removes cross references in Sec.  
679.50(i)(2)(x)(G)(1) to (c)(1)(i) and (c)(1)(iv) and replaces them 
with a cross reference to Sec.  679.50(c). Paragraph Sec.  
679.50(i)(2)(x)(G)(2) is removed because a similar change for that 
paragraph would make it redundant with paragraph (i)(2)(x)(G)(1). 
Regulations at Sec.  679.50(i)(2)(x)(G)(3) and (i)(2)(x)(G)(4) together 
reference the observer coverage requirements for shoreside processors 
or stationary floating processors at Sec.  679.50(d). This final rule 
removes cross references in Sec.  679.50(i)(2)(x)(G)(3) to (d)(1), 
replaces it with a cross reference to Sec.  679.50(d), and redesignates 
it as paragraph (i)(2)(x)(G)(2). Paragraph Sec.  679.50(i)(2)(x)(G)(4) 
is removed because a similar change for that paragraph, that is, 
replacing the reference to (d)(2) with Sec.  679.50(d), would make it 
redundant with paragraph (i)(2)(x)(G)(3). Finally, Sec.  
679.50(i)(2)(x)(G)(5) is redesignated as (i)(2)(x)(G)(3).
    This final rule corrects a cross reference in Sec.  
679.50(i)(2)(x)(I)(5) by removing the text ``(h)(2)(i) and (h)(2)(ii)'' 
and replacing it with the text ``(j)(2)(i) and (j)(2)(ii)''.
    Last, this final rule corrects the numbering at Sec.  
679.50(j)(2)(i)(A)(3) and redesignates the paragraph as 
(j)(2)(i)(A)(3).

Classification

    The Administrator, Alaska Region, NMFS (Regional Administrator), 
has determined that this final rule is necessary for the conservation 
and management of the groundfish fisheries of the BSAI and GOA. The 
Regional Administrator also has determined that this final rule is 
consistent with the Magnuson-Stevens Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator of 
Fisheries, NOAA (AA) finds good cause to waive prior notice and 
opportunity for public comment otherwise required by the section. NOAA 
finds that prior notice and comment are unnecessary as this rule has a 
non-substantive effect on the public. This correcting amendment updates 
terminology, corrects cross references to other regulatory text, 
removes redundant text, and consolidates some paragraphs for additional 
clarity and consistency. NOAA finds that because of the non-substantive 
nature of the correction, no particular public interest exists in this 
final rule for which there is justification or need for prior notice 
and comment.
    Because this correcting amendment does not institute any 
substantive obligations for the public, the requirement for a 30-day 
delay in the effective date to this action pursuant to 5 U.S.C. 553(d) 
does not apply.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C., or any other law, the analytical 
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., 
are inapplicable.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: June 8, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

0
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

0
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.

0
2. At each of the locations in the ``Location'' column, remove the 
phrase indicated in the ``Remove'' column and replace it with the 
phrase indicated in the ``Add'' column for the amount of times 
specified in the ``Frequency'' column.

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        Location                 Remove               Add      Frequency
------------------------------------------------------------------------
Sec.   679.1(f)          (applicable through     (applicable       1
                          December 31, 2002)         through
                                                 December 31,
                                                       2007)
 
Sec.   679.2 Definition  certification           endorsement       1
 for ``Briefing''
 
Sec.   679.2 Definition  observer contractor        observer       2
 for ``Affiliates''                                 provider
 
Sec.   679.2 Definition  observer contractor        observer       1
 for ``Direct financial                             provider
 interest'' and
 ``Decertification''
 
Sec.   679.2 Definition  observer contractors       observer       1
 for                                               providers
 ``Decertification''
 and ``Suspension''
 
Sec.                     (i)(2)(ix)(C)            (i)(2)(x)(C)     1
 679.50(i)(2)(i)(C)(4)
 
Sec.   679.50(i)(2)(ii)  Ensure that observers   Ensure that       1
                          complete duties in a     observers
                          timely manner:            complete
                                                 duties in a
                                                      timely
                                                     manner.
 
Sec.                     (i)(2)(ix)(E)           (i)(2)(x)(E)      1
 679.50(i)(2)(ii)(A)
 
Sec.                     (i)(2)(ix)(C)            (i)(2)(x)(C)     1
 679.50(i)(2)(iii)(B)
 
Sec.                     duties. Unless              duties.       1
 679.50(i)(2)(vi)(E)      alternate
                          arrangements are
                          approved by the
                          Observer Program
                          Office.
 
Sec.                     floating                 stationary       1
 679.50(i)(2)(vii)(D)                               floating
 
Sec.   679.50(i)(2)(ix)  floating processor       stationary       1
                          facilities                floating
                                                  processors
 
Sec.                     Copies of observer         Observer       1
 679.50(i)(2)(x)(G)       provider contracts        provider
                          with entities           contracts.
                          requiring observer
                          services and with
                          observers.
 
Sec.                     Reports                       Other       1
 679.50(i)(2)(x)(I)                                 reports.
                                                     Reports
 
Sec.                     (h)(2)(i) or            (j)(2)(i) or      1
 679.50(i)(2)(x)(I)(5)    (h)(2)(ii)              (j)(2)(ii)
 
Sec.                     floating stationary      stationary       1
 679.50(i)(3)(i)(A) and   processor facility        floating
 (j)(2)(i)(A)(1)(i)                               processors
 

[[Page 33583]]

 
Sec.                     floating stationary      stationary       1
 679.50(i)(3)(i)(B) and   processing facility       floating
 (j)(2)(i)(A)(1)(ii)                              processors
 
Sec.                     floating stationary      stationary       1
 679.50(i)(3)(i)(C),      processing facilities     floating
 and                                              processors
 (j)(2)(i)(A)(1)(iii)
 
Sec.   679.50(i)(3)(ii)  floating stationary      stationary       1
                          processors                floating
                                                  processors
 
------------------------------------------------------------------------


0
3. In Sec.  679.50, the section heading is revised, paragraphs 
(i)(2)(x)(G)(2) and (i)(2)(x)(G)(4) are removed, paragraph 
(i)(2)(x)(G)(3) is redesignated as (i)(2)(x)(G)(2), paragraph 
(i)(2)(x)(G)(5) is redesignated as (i)(2)(x)(G)(3), and paragraph 
(i)(2)(x)(G)(1) and newly redesignated paragraph (i)(2)(x)(G)(2) are 
revised to read as follows:


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

* * * * *
    (i) * * *
    (2) * * *
    (x) * * *
    (G) * * *
    (1) Vessels required to have observer coverage as specified at 
paragraph (c) of this section;
    (2) Shoreside or stationary floating processors required to have 
observer coverage as specified at paragraph (d) of this section; and
* * * * *
[FR Doc. 04-13590 Filed 6-15-04; 8:45 am]
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