[Federal Register Volume 72, Number 60 (Thursday, March 29, 2007)]
[Proposed Rules]
[Pages 14764-14766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5826]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070316061-7061-01; 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: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed 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. 
The proposed rule 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: Written comments must be received by April 27, 2007.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. Comments may be submitted by any of the 
following methods:
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#68585e5c5045293e595b45383a45272b3b2806070909460f071e"><span class="__cf_email__" data-cfemail="81b1b7b5b9acc0d7b0b2acd1d3accec2d2c1efeee0e0afe6eef7">[email protected]</span></a>. Include in the subject 
line the following identifier: ``OCS proposed rule.'' E-mail comments, 
with or without attachments, are limited to 5 megabytes;
    <bullet> Mail: P.O. Box 21668, Juneau, AK 99802;
    <bullet> Fax: (907) 586-7557;
    <bullet> Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK; or
    <bullet> Webform at the Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions at that site for 
submitting comments.
    Copies of the Regulatory Impact Review/Initial Regulatory 
Flexibility Analysis (RIR/IRFA) prepared for this action may be 
obtained from the mailing address above or from the NMFS Alaska Region 
website at http://www.fakr.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Jason Anderson, 907-586-7228, or 
<a href="/cdn-cgi/l/email-protection#147e75677b7a3a757a707166677b7a547a7b75753a737b62"><span class="__cf_email__" data-cfemail="513b30223e3f7f303f353423223e3f113f3e30307f363e27">[email protected]</span></a>.

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

[[Page 14765]]

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 proposed rule 
that would extend regulations implementing the Observer Program 
indefinitely was published on February 22, 2007 (72 FR 7948).
    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 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 rulemakings 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).'' The OCS is comprised of computers and communications 
equipment supplied by catcher vessels, catcher/processors, motherships, 
and shoreside and stationary floating processors, as well as custom 
software provided by NMFS. The OCS allows observers to rapidly process 
and report the data they collect 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 each OCS-use 
computer to meet processing chip, memory, operating system, disk 
drives, and modem minimum specifications. Since its implementation, OCS 
requirements have been periodically revised through proposed and final 
rulemaking to require necessary upgrades as commercially available 
software became obsolete or unsupported by its manufacturer, or as NMFS 
upgraded the OCS software component to increase data quality and 
efficiency.
    Rather than propose necessary hardware and software component 
upgrades to support new OCS software, NMFS proposes to remove these 
specific requirements. NMFS proposes to 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'' would 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 would 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 would 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 would be required to ensure 
their computer hardware and software components continued 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. If 
this proposed regulation is adopted, catcher vessels, catcher/
processors, motherships, and shoreside or stationary floating 
processors must ensure the 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 hardware and software requirements for the 
computer provided for an observer's use. This action proposes to remove 
these requirements except that the computer would still be required to 
be connected to a communication device that provides a point-to-point 
modem NMFS host computer connection.
    Proposed regulations at Sec.  679.50(g)(1)(iii)(B)(2) and 
(g)(2)(iii)(B)(2) would 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 would consider 
approving commercially available software in the future.
    Regulations at Sec.  679.50(g)(1)(iii)(C) and (g)(2)(iii)(C) 
currently require all OCS hardware to be fully functional and 
operational. According to these regulations, ``functional'' means that 
the hardware can initiate and transmit data to NMFS. Under this action, 
``functional'' would be defined so that all of the NMFS-supplied, or 
other approved, software's tasks and components must also be fully 
functional and operational on the computer equipment. Additionally, 
NMFS proposes to redesignate these paragraphs as Sec.  
679.50(g)(1)(iii)(B)(3) and (g)(2)(iii)(B)(3), respectively, to clarify 
that both software and hardware OCS components must be functional.
    The revisions described above are necessary to accommodate the 
larger, more sophisticated software and database programs provided, or 
other approved, by NMFS.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an initial regulatory flexibility analysis (IRFA) as 
required by

[[Page 14766]]

section 603 of the Regulatory Flexibility Act. The IRFA describes the 
economic impact this proposed rule, if adopted, would have on small 
entities. An action description, why it is being considered, and the 
legal basis for this action are contained at the beginning of the 
preamble and in the SUMMARY section of the preamble. An IRFA copy is 
available from NMFS (see ADDRESSES) and is not repeated here. An 
analysis summary follows.
    This proposed rule would require 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. These proposed 
actions would revise requirements for the facilitation of observer data 
transmission and improve 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 
would be considered small entities. Confidentiality restrictions 
require NMFS to report gross revenue information in aggregate of four 
or more entities. These restrictions prevent NMFS from reporting the 
number of catcher vessels and shoreside or stationary floating 
processors regulated under this proposed action as small entities 
because each group is no larger than four.
    Alternative 1 described in the EA/RIR/IRFA 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 communicate 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.
    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 the proposed action. For the 17 catcher/processors 
considered small entities, the cost is estimated at about 0.004 percent 
of one year's gross revenues. As noted above, 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.
    No additional recordkeeping, reporting, or compliance requirements 
are associated with this action.
    The 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: March 23, 2007.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 679 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., 3631 et seq.; 
Pub. L. 108-199, 118 Stat. 110.
    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 applicable through December 
31, 2007.

* * * * *
    (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 paragraph (g)(1) 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)(1)(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)(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. E7-5826 Filed 3-28-07; 8:45 am]
BILLING CODE 3510-22-S


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