[Federal Register Volume 72, Number 129 (Friday, July 6, 2007)]
[Rules and Regulations]
[Pages 36896-36899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13133]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070316061-7124-02 ; I.D. 031907B]
RIN 0648-AV13


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.

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SUMMARY: NMFS issues a final rule to amend regulations supporting the 
North Pacific Groundfish Observer Program (Observer Program). This 
action is necessary to revise requirements for the facilitation of 
observer data transmission and improve inseason support for observers. 
This action would promote the goals and objectives of the Fishery 
Management Plan for Groundfish of the Bering Sea and Aleutian Islands 
Management Area and the Fishery Management Plan for Groundfish of the 
Gulf of Alaska (FMPs).

DATES: Effective on August 6, 2007.

ADDRESSES: Copies of the final Regulatory Impact Review/Final 
Regulatory Flexibility Analysis (RIR/FRFA) prepared for this action may 
be obtained from the NMFS Alaska Region, P.O. Box 21668, Juneau, AK 
99802, Attn: Ellen Sebastian, and on the NMFS Alaska Region website at 
http://www.fakr.noaa.gov. The proposed rule to revise requirements for 
the facilitation of observer data transmission and improve inseason 
support for observers may also be accessed at this website.

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

SUPPLEMENTARY INFORMATION:

Background

    NMFS manages the U.S. groundfish fisheries of the Bering Sea and 
Aleutian Islands Management Area (BSAI) and Gulf of Alaska (GOA) in the 
Exclusive Economic Zone under the FMPs. The North Pacific Fishery 
Management Council (Council) has prepared the FMPs pursuant to the 
Magnuson-Stevens Fishery Conservation and Management 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 originally adopted and NMFS approved and implemented 
the current ``interim'' Observer Program (Observer Program) in 1996 (61 
FR 56425, November 1, 1996). Through interim extensions, Observer 
Program regulatory requirements have been extended through 2007 (62 FR 
67755, December 30, 1997; 63 FR 69024, December 15, 1998; 65 FR 80381, 
December 21, 2000; and 67 FR 72595, December 6, 2002). A final rule 
that extended regulations implementing the Observer Program 
indefinitely was published on June 13, 2007 (72 FR 32559).
    The Observer Program provides 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. Regulations implementing the

[[Page 36897]]

Observer Program at Sec.  679.50 require observer coverage aboard 
catcher vessels, catcher/processors, motherships, and shoreside and 
stationary floating processors that participate in the groundfish 
fisheries off Alaska, as well as establish vessel, processor, and 
observer provider responsibilities relating to the Observer Program.
    Timely electronic communication of catch reports submitted to NMFS 
by industry and observers is crucial for groundfish quota and 
prohibited species catch allowance monitoring. In July 1995, NMFS 
issued a final rule (60 FR 34904, July 5, 1995) that required computer 
hardware and software that enabled observers to send NMFS electronic 
data on all catcher/processors, motherships, and shoreside processors 
that process groundfish. In October 2003, a final rule was published 
(68 FR 58038, October 8, 2003) that extended these requirements to all 
catcher vessels that are required to carry an observer at all times 
during fishing operations. In April 2006, a final rule (71 FR 20346, 
April 20, 2006) was issued that, in part, revised hardware requirements 
to allow software upgrades installation. These rules referred to the 
electronic data submission and communications system as ``Atlas.''
    Regulations describing hardware and software requirements for 
electronic submission of observer reports on all catcher/processors, 
motherships, catcher vessels required to carry an observer at all 
times, and from shoreside and stationary floating processors are found 
at Sec.  679.50(g)(1) and (g)(2). This electronic data submission and 
communications system is now called the observer communications system 
(OCS), rather than ``Atlas''. The OCS consists of computers and 
communications equipment supplied by catcher vessels, catcher/
processors, motherships, and shoreside and stationary floating 
processors, as well as customized software provided to these entities 
by NMFS. The OCS lets observers rapidly process data they collect and 
report it to NMFS. Its use on catcher vessels, catcher/processors, 
motherships, and shoreside and stationary floating processors has 
enhanced timely and accurate fisheries data reporting.
    Regulations at Sec.  679.50(g)(1) and (g)(2) require that each OCS 
computer's processing chip, memory, operating system, disk drive, and 
modem meet minimum specifications. Since their initial implementation, 
OCS requirements have been periodically revised. NMFS has required 
upgrades as commercially available software became obsolete or 
unsupported by its manufacturer, or when NMFS upgraded the OCS software 
component.
    Rather than continually specify hardware and software component 
that support new OCS software through rulemakings, this action removes 
the specific hardware and software component requirements. NMFS will 
now require that each catcher vessel, catcher/processor, mothership, 
and shoreside and stationary floating processor already subject to OCS 
requirements provide hardware and software that is fully functional and 
operational with the NMFS-supplied software. The term ``functional'' 
will mean that all the tasks and components of the NMFS supplied 
software and data transmissions to NMFS could be executed effectively 
by the computer equipment. NMFS will no longer revise OCS hardware and 
software requirements through rulemaking. As changes to the software 
component of the OCS become necessary to support electronic 
communications of observer data, Observer Program staff will 
communicate in writing with vessel and plant personnel to describe 
those changes. Catcher vessels, catcher/processors, motherships, and 
shoreside or stationary floating processors subject to OCS requirements 
are required to ensure that their computer hardware and software 
components continue to meet the functionality and operational 
requirements.
    Observer Program staff are currently upgrading the OCS software 
component. One reason for the upgrade is that the commercial database 
software used to store observer-collected information and interface 
with the OCS software is no longer supported by the manufacturer. The 
new OCS software should increase overall data quality by increasing the 
functionality and efficiency of the OCS, and interface with new, 
supported commercial database software. The new OCS software is 
expected to be available for installation for the 2008 fishing year.
    The new OCS software will be installed by NMFS field personnel on 
vessel and processor OCS computers. Under this regulatory action, 
catcher vessels, catcher/processors, motherships, and shoreside or 
stationary floating processors must ensure their OCS computer meets the 
minimum specifications necessary for the software to execute all of its 
tasks, including communication with NMFS computers to transmit data for 
the 2008 fishing year.

Changes to OCS Regulations

    Presently, Sec.  679.50(g)(1)(iii)(B)(1) and (g)(2)(iii)(B)(1) 
describe the minimum technical hardware and software standards for the 
OCS-use computer. This action removes the technical standards, but the 
OCS-use computer is still required to be connected to a communication 
device that provides a point-to-point modem connection to the NMFS host 
computer.
    This action implements regulations at Sec.  679.50(g)(1)(iii)(B)(2) 
and (g)(2)(iii)(B)(2) that require catcher vessel, catcher/processor, 
mothership, and shoreside or stationary floating processor operators to 
install the most recent NMFS-provided OCS software version or other 
NMFS-approved, commercially available software. While no commercially 
available software has been approved at this time, NMFS will consider 
approving commercially available software in the future.
    This action revises the current OCS-computer operational standards. 
OCS hardware must be fully functional and operational under regulations 
at Sec.  679.50(g)(1)(iii)(C) and (g)(2)(iii)(C). According to these 
regulations, ``functional'' means that the hardware can initiate and 
transmit data to NMFS. Under this action, ``functional'' will address 
software as well as hardware. ``Functional'' will now mean that all 
NMFS-supplied, or other approved software's tasks and components, must 
be fully functional and operational on the computer equipment. In 
addition to adding a software function standard, this action 
redesignates Sec.  679.50(g)(1)(iii)(C) and (g)(2)(iii)(C) as Sec.  
679.50(g)(1)(iii)(B)(3) and (g)(2)(iii)(B)(3), respectively, to require 
that both software and hardware OCS components be functional.
    The revisions described above are necessary to accommodate the 
larger, more sophisticated software and database programs provided, or 
otherwise approved, by NMFS.
    The proposed rule to revise requirements for the facilitation of 
observer data transmission and improve inseason support for observers 
was published in the Federal Register on March 29, 2007 (72 FR 14764), 
and the public review and comment period closed on April 27, 2007. No 
comments were received during the comment period.

Small Entity Compliance Guide

    Regulations governing observer coverage requirements for vessels 
and processors that participate in the groundfish fisheries off Alaska 
are found at 50 CFR part 679. A copy of these regulations are available 
on the internet at http://www.fakr.noaa.gov/regs/summary.htm. They also 
are available by mail. If you wish to receive

[[Page 36898]]

a copy of these regulations by mail, call NMFS Alaska Region, 
Sustainable Fisheries Division at (907) 586-7228 or write to NMFS 
Alaska Region at the address listed in the ADDRESSES section of this 
final rule. These regulations identify which vessels and processors are 
required to have observers, when observers are required, and the 
related responsibilities of the vessel owner or operator and the 
manager of the processing plant. The requirements implemented in this 
final rule are one category of responsibilities for vessel operators 
and managers of shoreside processing plants or stationary floating 
processors that are required to have observers. All vessel operators 
and managers of shoreside processing plants or stationary floating 
processors that are required to have observers also are required to 
provide the observer with access to a computer that is connected to a 
communication device that provides a point-to-point connection to the 
NMFS host computer. The most recent release of NMFS data entry software 
provided by the Regional Administrator, or other approved software, 
must be installed on this computer. In addition, the required 
communication equipment that is available for use by the observers must 
be fully functional and operational. ``Functional'' means that all the 
tasks and components of the NMFS supplied, or other approved, software 
described at paragraph 50 CFR part 679(g)(1) and the data transmissions 
to NMFS can be executed effectively aboard the vessel by the 
communications equipment.

Classification

    The Administrator, Alaska Region, NMFS, determined that the 
regulatory amendment is necessary for the conservation and management 
of the groundfish fisheries off Alaska and that it is consistent with 
the Magnuson-Stevens Fishery Conservation and Management Act and other 
applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An Initial Regulatory Flexibility Analysis (IRFA) was prepared for 
the proposed rule, and described in the Classification section of the 
preamble to the rule. The public comment period ended on March 23, 
2007. No comments were received on the IRFA or the economic impact of 
the rule.
    NMFS prepared a FRFA which incorporates the IRFA and a summary of 
the analyses completed to support the action. A copy of this analysis 
is available from NMFS (see ADDRESSES). A summary of the analysis 
follows.
    The need for and objectives of the rule are set forth in the 
preamble and are not repeated here.
    This action requires vessels and shoreside or stationary floating 
processors to meet current technology standards necessary to support 
OCS software changes as they occur. Entities subject to OCS 
requirements include all motherships, catcher/processors, shoreside or 
stationary floating processors, and catcher vessels required to carry 
an observer at all times. This action revises requirements for the 
facilitation of observer data transmission and improves support for 
observers. All motherships have gross revenues in excess of $4 million 
and are considered large entities. Data available for 2005 indicate 
that 17 of the 83 catcher/processors active in the groundfish fisheries 
that year are considered small entities. One catcher vessel is believed 
to meet the criterion for a small entity. NMFS staff estimate that 
three stationary or shoreside floating processors have fewer than 500 
employees worldwide, and are considered small.
    Upgrade costs to accommodate anticipated changes to OCS software 
are estimated to average $93 for all catcher/processors, $200 for all 
motherships, $315 for all shoreside and stationary floating processors, 
and $438 for all catcher vessels required to carry an observer at all 
times under this action. For the 17 catcher/processors considered small 
entities, the cost is estimated at about 0.004 percent of one year's 
gross revenues. Due to confidentiality restrictions, NMFS is unable to 
report gross revenues for catcher vessels and shoreside or stationary 
floating processors considered small entities under this action. 
Therefore, OCS upgrade costs cannot be reported as a percentage of 
gross revenues for these entities.
    Alternative 1 described in the RIR/FRFA is the status quo 
alternative. Current regulations regarding computing and communications 
equipment would remain in effect.
    Alternative 2 would remove current hardware and software 
specifications for all vessels and shoreside or stationary floating 
processors currently subject to OCS requirements, and instead require 
them to ensure the computer provided for use by an observer meets the 
minimum specifications necessary for the NMFS-provided OCS software to 
execute all of its tasks, including communication with NMFS computers 
to transmit data.
    Alternative 3 would revise current regulations to upgrade minimum 
hardware and software specifications for all vessels and shoreside or 
stationary floating processors currently subject to OCS requirements. 
Future changes to OCS software that would require hardware and software 
upgrades would require additional rulemaking.
    Alternative 2 was selected as the preferred alternative because it 
removes the need for NMFS to continually revise regulations to specify 
hardware and software component upgrades that are needed to support 
evolving OCS software. Alternative 2 provides more flexible and 
responsive regulations than the current specific technical requirements 
that quickly become out of date.
    Alternative 1 was rejected because it does not meet the data 
quality and collection goals of the Observer Program. This is 
especially the case as more management programs are implemented that 
require near real-time data reporting for purposes of determining 
target and prohibited species catch quota harvests. Alternative 3 was 
rejected because, while it would meet short-term fishery dependent 
reporting goals, it does not meet the long-term goals of improving 
flexibility for NMFS staff to work directly with industry to ensure 
they meet the OCS requirements.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. A small 
entity compliance guide is included in this final rule.
    No additional recordkeeping, reporting, or compliance requirements 
are associated with this action.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: June 29, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 679 is amended as 
follows:

[[Page 36899]]

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
1. The authority citation for part 679 continues to read as follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., 3631 et seq.; 
Pub. L. 108 199, 118 Stat. 110.

0
2. In Sec.  679.50, paragraph (g)(1)(iii)(C) is redesignated as 
paragraph (g)(1)(iii)(B)(3) and revised; paragraph (g)(2)(iii)(C) is 
redesignated as paragraph (g)(2)(iii)(B)(3) and revised; and paragraphs 
(g)(1)(iii)(B)(1) and (2), and (g)(2)(iii)(B)(1) and (2) are revised to 
read as follows:


Sec.  679.50  Groundfish Observer Program.

* * * * *
    (g) * * *
    (1) * * *
    (iii) * * *
    (B) * * *
    (1) Observer access to computer. Making a computer available for 
use by the observer. This computer must be connected to a communication 
device that provides a point-to-point connection to the NMFS host 
computer.
    (2) NMFS-supplied software. Ensuring that the catcher/processor, 
mothership, or catcher vessel specified in this paragraph (g)(1) has 
installed the most recent release of NMFS data entry software provided 
by the Regional Administrator, or other approved software.
    (3) Functional and operational equipment. Ensuring that the 
communication equipment required in this paragraph (g)(1)(iii)(B) and 
that is used by observers to enter and transmit data, is fully 
functional and operational. ``Functional'' means that all the tasks and 
components of the NMFS supplied, or other approved, software described 
at paragraph (g)(1)(iii)(B)(2) of this section and the data 
transmissions to NMFS can be executed effectively aboard the vessel by 
the communications equipment.
* * * * *
    (2) * * *
    (iii) * * *
    (B) * * *
    (1) Observer access to computer. Making a computer available for 
use by the observer. This computer must be connected to a communication 
device that provides a point-to-point connection to the NMFS host 
computer.
    (2) NMFS-supplied software. Ensuring that the shoreside or 
stationary floating processor specified in paragraph (g)(2) of this 
section has installed the most recent release of NMFS data entry 
software provided by the Regional Administrator, or other approved 
software.
    (3) Functional and operational equipment. Ensuring that the 
communication equipment required in paragraph (g)(2)(iii)(B) of this 
section and that is used by observers to enter and transmit data, is 
fully functional and operational. ``Functional'' means that all the 
tasks and components of the NMFS supplied, or other approved, software 
described at paragraph (g)(2)(iii)(B)(2) of this section and the data 
transmissions to NMFS can be executed effectively aboard the vessel by 
the communications equipment.
* * * * *
[FR Doc. E7-13133 Filed 7-5-07; 8:45 am]
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