Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 67755

1998 interim total allowable catch

(TAC) amounts.

DATES: Effective 0001 hrs, Alaska local

time (A.l.t.), January 1, 1998, until

superseded by the Final 1998 Harvest

Specification for Groundfish, which will

be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI is

managed by NMFS according to the

Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area (FMP)

prepared by the North Pacific Fishery

Management Council under authority of

the Magnuson-Stevens Fishery

Conservation and Management Act.

Fishing by U.S. vessels is governed by

regulations implementing the FMP at

subpart H of 50 CFR part 600 and 50

CFR part 679.

In accordance with § 679.20(d), if the

Administrator, Alaska Region, NMFS

(Regional Administrator) determines

that the amount of a target species or

‘‘other species’’ category apportioned to

a fishery or, with respect to pollock, to

an inshore or offshore component

allocation, will be reached, the Regional

Administrator may establish a directed

fishing allowance for that species or

species group. If the Regional

Administrator establishes a directed

fishing allowance, and that allowance is

or will be reached before the end of the

fishing year, NMFS will prohibit

directed fishing for that species or

species group in the specified subarea or

district (§ 697.20(d)(1)(iii)). Similarly,

under § 679.21(e), if the Regional

Administrator determines that a fishery

category’s bycatch allowance of halibut,

red king crab, or C. bairdi Tanner crab

for a specified area has been reached,

the Regional Administrator will prohibit

directed fishing for each species in that

category in the specified area.

NMFS has published interim 1998

harvest specifications for these

groundfish fisheries (62 FR 65626,

December 15, 1997). The Regional

Administrator has determined that the

interim TAC amounts of pollock in the

Bogoslof District; Pacific ocean perch,

‘‘other rockfish’’, and ‘‘other red

rockfish’’ in the Bering Sea subarea; and

sharpchin/northern rockfish, shortraker/

rougheye rockfish, and ‘‘other rockfish’’

in the Aleutian Islands subarea, will be

reached and will be necessary as

incidental catch to support other

anticipated groundfish fisheries prior to

the time that final specifications for

groundfish are likely to be in effect for

the 1998 fishing year. Consequently, in

accordance with § 679.20(d)(i), the

Regional Administrator establishes

these interim TAC amounts as directed

fishing allowances.

Further, the Regional Administrator

finds that these directed fishing

allowances will be reached before the

end of the year. Therefore, in

accordance with § 679.20(d) NMFS is

prohibiting directed fishing for these

species in the specified areas. In

addition, the interim BSAI halibut

bycatch allowance specified for the

trawl rockfish fishery and the trawl

Greenland turbot/arrowtooth flounder/

sablefish fishery categories, defined at

§ 679.21(e)(3)(iv)(C) and (D), is 0 mt. In

accordance with § 679.21(e)(7)(iv),

NMFS is prohibiting directed fishing for

rockfish by vessels using trawl gear in

the BSAI and for Greenland turbot/

arrowtooth flounder/sablefish by vessels

using trawl gear in the BSAI.

These closures will be in effect

beginning at 0001 hours, A.l.t., January

1, 1998, until superseded by the Final

1998 Harvest Specifications for

Groundfish.

While these closures are in effect, the

maximum retainable bycatch amounts at

§ 679.20(e) and (f) apply at any time

during a fishing trip. These closures to

directed fishing are in addition to

closures and prohibitions found in

regulations at 50 CFR part 679. Refer to

§ 679.2 for definitions of areas. In the

BSAI, ‘‘other rockfish’’ includes

Sebastes and Sebastolobus species

except for Pacific ocean perch and the

‘‘other red rockfish’’ species. ‘‘Other red

rockfish’’ includes shortraker, rougheye,

sharpchin, and northern rockfish.

NMFS may implement other closures

at the time the Final 1998 Harvest

Specifications are implemented or

during the 1998 fishing year, as

necessary for effective conservation and

management.

Classification

This action is required by § 679.20

and is exempt from review under E.O.

12866.

This action responds to the interim

TAC limitations and other restrictions

on the fisheries established in the

Interim 1998 harvest specifications for

groundfish for the BSAI. It must be

implemented immediately to prevent

overharvesting the 1998 interim TAC of

several groundfish species in the BSAI.

A delay in the effective date is

impracticable and contrary to the public

interest. The fleet will begin to harvest

groundfish on January 1, 1998. Further

delay would only result in overharvest.

NMFS finds for good cause that the

implementation of this action should

not be delayed for 30 days. Accordingly,

under 5 U.S.C. 553(d), a delay in the

effective date is hereby waived.

Authority: 16 U.S.C. 1801 et seq.

Dated: December 22, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–33893 Filed 12–29–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 970829216–7305–02; I.D.

073097B]

RIN 0648-AK15

Fisheries of the Exclusive Economic

Zone Off Alaska; Extension of the

Interim Groundfish Observer Program

through 1998

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule to

implement a regulatory amendment to

extend with some minor revisions the

current groundfish observer coverage

requirements and implementing

regulations for the North Pacific

Groundfish Observer Program (Observer

Program) that are in effect through

December 31, 1997. This action is

necessary to assure uninterrupted

observer coverage requirements through

1998. This action also provides notice of

changes to observer qualifications and

observer training/briefing requirements,

which are non-codified elements of the

Observer Program.

This action is intended to accomplish

the objectives of the Fishery

Management Plan for Groundfish of the

Gulf of Alaska and the Fishery

Management Plan for the Groundfish

Fishery of the Bering Sea and Aleutian

Islands Area (FMPs).

DATES: Effective January 1, 1998.

ADDRESSES: Copies of the Regulatory

Impact Review/Final Regulatory

Flexibility Analysis (RIR/FRFA)

prepared for this regulatory amendment

and the Environmental Assessment

(EA)/RIR/FRFA prepared for the 1997

Interim Groundfish Observer Program,

dated August 27, 1996, may be obtained

from the Sustainable Fisheries Division,

Alaska Region, NMFS, P.O. Box 21668,

Juneau, AK 99802; telephone: 907–586–

7228. Copies of the non-codified
67756 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

elements of the Observer Program may

be obtained also from this address. Send

comments regarding burden estimates or

any other aspect of the data

requirements, including suggestions for

reducing the burdens, to NMFS and to

the Office of Information and Regulatory

Affairs, Office of Management and

Budget (OMB), Washington, DC 20503,

Attn: NOAA Desk Officer.

FOR FURTHER INFORMATION CONTACT: Kim

S. Rivera, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

The U.S. groundfish fisheries of the

Gulf of Alaska (GOA) and the Bering Sea

and Aleutian Islands management area

in the Exclusive Economic Zone are

managed by NMFS under the FMPs. The

FMPs were prepared by the North

Pacific Fishery Management Council

(Council) under the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act) and are

implemented by regulations for the U.S.

fisheries at 50 CFR part 679. General

regulations that also pertain to U.S.

fisheries appear at subpart H of 50 CFR

part 600.

In 1996, the Council adopted and

NMFS implemented the Interim

Groundfish Observer Program. The

Interim Groundfish Observer Program

superseded the North Pacific Fisheries

Research Plan and extended the 1996

mandatory groundfish observer

requirements through 1997, unless

superseded by a long-term program that

addresses concerns about observer data

integrity, equitable distribution of

observer coverage costs, and observer

compensation and working conditions.

NMFS continues to pursue a long-term

solution to concerns about observer

morale and the quality of observer data.

NMFS is jointly developing with the

Pacific States Marine Fisheries

Commission (PSMFC) an alternative

observer program joint project

agreement (JPA) that would address

concerns about observer data integrity

and observer compensation and working

conditions. At its June 1997 meeting,

the Council supported the concept of

developing such a program. The Council

is scheduled to take final action on this

JPA at its February 1998 meeting. Given

that this alternative could not be in

place by January 1, 1998, the current

interim program must be extended to

assure uninterrupted observer coverage

requirements.

At its June 1997 meeting, the Council

unanimously requested NMFS to extend

through 1998 the current interim

program, with minor revisions. A

proposed rule to implement the interim

program was published in the Federal

Register on September 19, 1997 (62 FR

49198). Background information on the

Interim Groundfish Observer Program

may be found in the preamble to the

proposed rule and in the RIR/FRFA

prepared for this action. Comments on

the proposed rule were invited through

October 20, 1997. Three letters of

comments were received. The

comments are summarized and

responded to in the Response to

Comments section below.

Changes from the Proposed Rule

The following changes from the

proposed rule are made in the final rule.

(1) Proposed regulations at

§ 679.50(i)(1)(i) exempt observer

contractors certified prior to January 1,

1997, from the requirement to submit a

certification application to NMFS.

Comment received on the proposed rule

questioned the situation whereby an

observer contractor previously certified

by NMFS but not actively providing

observer services be allowed to perform

the duties of an observer contractor

without going through the NMFS

certification process again. NMFS did

not intend for this situation to be

allowed and revises this final rule to

specify that observer contractors

certified prior to January 1, 1998, and

providing observer services during

1997, are exempt from the requirement

to submit an application.

(2) At its June 1997 meeting, the

Council recommended an adjustment to

the conflict-of-interest standard at

§ 679.50(h)(2)(i)(A)(4) that prohibits a

person from serving as an observer if

that person was employed in a North

Pacific fishery during the previous 12-

month period. The Council

recommended a less restrictive standard

that would prohibit an observer from

working on any vessel or at any

shoreside processor owned or operated

by a person who previously employed

the observer. The proposed regulation at

§ 679.50(h)(2)(i)(A)(4) is not necessary,

because that the existing regulation at

§ 679.50(h)(2)(i)(A)(3) meets the criteria

recommended by the Council. Through

oversight, NMFS proposed to revise

§ 679.50(h)(2)(i)(A)(4) when actually, it

should have proposed removing it.

NMFS removes this regulation at

§ 679.50(h)(2)(i)(A)(4) and retains the

conflict-of-interest standard at

§ 679.50(h)(2)(i)(A)(3) that states that

observers may not serve as observers on

any vessel or at any shoreside facility

owned or operated by a person who

previously employed the observers.

Regulatory Changes For The 1998

Interim Groundfish Observer Program

After considering the public

comments received, NMFS is extending

with some minor revisions the current

groundfish observer coverage

requirements and implementing

regulations for the Observer Program.

Except for the two changes from the

proposed rule noted above, the other

minor revisions were proposed in the

proposed rule. The minor revisions are

described below.

1. Extend the effective period of 50

CFR 679.50 through December 31, 1998.

2. Revise the 30–percent observer

coverage requirement at

§ 679.50(c)(1)(vi) and (vii) to clarify that

required coverage is specific to the gear

type, meaning, for example, that

observer coverage obtained for a vessel

using hook-and-line gear cannot be used

to comply with observer coverage

requirements for the same vessel when

it is used to fish with pot gear.

3. Expand the prohibition at

§ 679.7(g)(1) to include sexual

harassment and bribery as unlawful

interferences with an observer.

4. Remove the conflict-of-interest

regulation at § 679.50(h)(2)(i)(A)(4). The

existing conflict-of-interest regulation at

§ 679.50(h)(2)(i)(A)(3) that states that

observers may not serve as an observer

on any vessel or at any shoreside facility

owned or operated by a person who

previously employed the observers,

fully implements the Council’s

recommendation at its June 1997

meeting to implement a less restrictive

standard than the one at

§ 679.50(h)(2)(i)(A)(4).

5. Revise the regulation at

§ 679.50(i)(1)(i) to indicate that observer

contractors certified prior to January 1,

1998, and that provided observer

services during 1997, are exempt from

the requirement to submit an

application for certification.

6. Revise the regulation at

§ 679.50(i)(2)(xiv)(G) to alleviate

confusion on what information observer

contractors currently are required to

submit to NMFS. The revision clarifies

that an observer contractor must submit

a completed and unaltered copy of each

type of signed and valid contract an

observer contractor has with those

entities required to have observer

services. Furthermore, upon NMFS’s

request, an observer contractor must

submit completed and unaltered copies

of signed and valid contracts that the

contractor has with specific entities.

Required copies of contracts must be

submitted by mail or fax. Types of

signed and valid contracts include the

contracts an observer contractor has
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 67757

with: (a) Vessels required to have 30–

percent observer coverage, (b) vessels

required to have 100–percent observer

coverage, (c) shoreside processors

required to have 30–percent observer

coverage, (d) shoreside processors

required to have 100–percent observer

coverage, or (e) observers (to include

contracts for the various compensation

or salary levels of observers, the levels

being based on observer experience).

7. Correct an erroneous crossreference in the regulation at

§ 679.50(j)(7)(iv).

Changes to Non-codified Elements Of

The Observer Program

Three elements of the 1997 Observer

Program were not codified in regulation:

(1) Observer qualifications, (2) observer

training/briefing requirements, and (3)

NMFS’s selection criteria for observer

contractors. NMFS’s selection criteria

for observer contractors remain

unchanged. The observer contractor

selection criteria were published in the

Federal Register (61 FR 40380, August

2, 1996) and are available upon request

(see ADDRESSES). Observer qualifications

and observer training/briefing

requirements are revised with the minor

changes that were proposed in the

preamble of the proposed rule. These

non-codified elements will remain in

effect until amended or rescinded.

Although they will not be codified, they

are viewed as a part of the rule and

NMFS will publish a notification in the

Federal Register and provide an

opportunity for public comment prior to

proposing future changes to these

elements. The NMFS observer

qualifications are as follows:

A. Prospective observers must have a

bachelor’s degree or higher from an

accredited college or university with a

major in one of the natural sciences.

B. Candidates must have a minimum

of 30 semester hours or equivalent in

applicable biological sciences with

extensive use of dichotomous keys in at

least one course. Candidates must also

have successfully completed at least one

undergraduate course in mathematics

and one in statistics worth a combined

total of at least 5 semester hours. In

addition, all applicants are required to

have computer skills that enable them to

work competently with standard

database software and computer

hardware.

C. Prospective observers are also

required to complete successfully any

screening test(s) administered by NMFS.

These tests would measure basic

mathematics, algebra, and computer

skills as well as other abilities necessary

for successful job performance.

D. If a sufficient number of candidates

meeting these educational prerequisites

is not available, the observer contractor

may seek approval from NMFS to

substitute individuals with either a

senior standing in an acceptable major,

or with an Associate of Arts (A.A.)

degree in fisheries, wildlife science, or

an equivalent.

E. If a sufficient number of

individuals meeting the above

qualifications is not available, the

observer contractor may seek approval

from NMFS to hire individuals with

other relevant experience or training.

F. To qualify for certification, all

prospective observers must undergo

safety and cold water survival training

that requires the prospective observers

to demonstrate their ability to properly

put on an immersion suit in a specified

time period, enter the water, travel

approximately 50 m to a ladder, and

climb out of the water.

The additional mathematics,

statistics, and computer skills

requirements reflect the increased

responsibilities of observers and are

similar to the observer qualifications

that would have been required under

the Research Plan, had it been fully

implemented.

The NMFS observer training/briefing

requirements are as follows:

A. Observers who have completed a

deployment must be recertified prior to

another deployment. All observers are

required to complete a 4-day briefing

prior to their first deployment in any

calendar year. One-day briefings are

required prior to subsequent

deployments within a calendar year.

Certification following 1– or 4-day

briefings will expire after 1 month if

deployment is delayed. Observers who

have not been deployed for 18 months

are required to complete a 3-week

training course.

B. If an observer is not deployed

within 1 month after completion of

training, the individual must complete a

1-day briefing. If the observer is not

deployed within 3 months after training,

the individual must complete a 4-day

briefing. If the observer is not deployed

within 6 months after training, the

individual must retake the full training

course.

C. Observers may be required to

attend an additional 4-day briefing

based upon an evaluation of data

collected during their most recent

deployment.

Response to Comments

Comment 1. Previously certified

observer contractors that have not been

actively providing observer services

should not be allowed to perform the

duties of an observer contractor without

going through the NMFS certification

process again.

Response. NMFS agrees. When NMFS

promulgated regulations applying to

observer contractor certification (61 FR

56425; November 1, 1996), the intent

was that observer contractors already

certified and providing observer

services need not submit certification

applications for 1997. NMFS clarifies

this intent in this final rule and revises

the regulation at § 679.50(i)(1)(i) to

indicate that observer contractors

certified prior to January 1, 1998, and

providing observer services during

1997, are exempt from submitting an

observer contractor certification

application. Observer contractors that

were certified prior to January 1, 1998,

but did not provide observer services

during 1997 must be recertified.

Comment 2. NMFS should require

observer contractors to be certified on

an annual basis such that their

performance in providing observer

services can be reviewed periodically.

NMFS should also consider limiting the

number of certified observer contractors

to the suite of contractors supplying

observers in 1997.

Response. At this time, NMFS

declines making major changes to the

observer contractor certification process

because they are outside the scope of

this rule. NMFS and the Pacific States

Marine Fisheries Commission (PSMFC)

are jointly developing an alternative

observer program JPA that would better

ensure the collection of quality observer

data by relying on a third party

organization to provide procurement

services for required observer coverage.

The observer contractor certification

process will be considered in this JPA

between NMFS and PSMFC as well as

contractual arrangements between

PSFMC and observer companies. NMFS

believes that an annual review of the

performance of observer contractor

companies could be accommodated

under this new infrastructure. The JPA

could also include a process to

determine what the optimum number of

observer contractor companies may be.

At this time, action by NMFS to revise

the certification process would be

premature.

Comment 3. The Association for

Professional Observers (APO) supports

the proposed conflict-of-interest

standard that states that observers may

not serve as an observer onboard a

vessel or plant where they were

previously employed. The previous

conflict-of-interest standard

[§ 679.50(h)(2)(i)(A)(4)] was far stricter

than any conflict-of-interest standard in
67758 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

the United States government or for any

Council member.

Response. NMFS concurs in the

APO’s comment. The conflict-of-interest

standard at § 679.50(h)(2)(i)(A)(4) has

been removed. The less strict standard

at § 679.50(h)(2)(i)(A)(3) remains,

providing that observers may not serve

as observers on any vessel or at any

shoreside facility owned or operated by

a person who previously employed the

observers.

Comment 4. The APO supports the

inclusion of sexual harassment and

bribery as unlawful interference with

the observer.

Response. NMFS concurs and revises

the regulation at § 679.7(g)(1)

accordingly.

Comment 5. The observer coverage

levels on vessels fishing with certain

types of gear, such as pots, that

experience low bycatch is unnecessary

and costly. NMFS should not revise the

30 percent observer coverage

requirement by quarter and by gear type

unless pot gear is excluded.

Response. NMFS disagrees. The

revisions to observer coverage

regulations at § 679.50(c)(1)(vi) and (vii)

serve only to clarify the original intent

that the coverage is gear-specific. NMFS

acknowledges that pot fisheries

experience relatively low bycatch as

evidenced by the gear-specific observer

coverage requirements for catcher/

processors and catcher vessels that are

longer than 125 ft (38.1 m) length

overall (LOA). Vessels fishing with pot

gear are only required to have 30

percent observer coverage, while those

using other gear types must have 100

percent coverage [§ 679.50(c)(1)(iv)].

Comment 6. The APO understands

why NMFS requires observer

contractors to submit specified

information. APO does not understand

why certified contractors are allowed to

withhold this information from NMFS.

If observers were to withhold required

information, observers have, and would

be, decertified. How is it possible that

NMFS has never decertified or

suspended an observer contractor in the

past 7 years?

Response. NMFS does not allow

observer contractors to withhold

required information. Some observer

contractors have interpreted the

information submission regulations at

§ 679.50(i)(2)(xiv)(G) differently than

NMFS intended. That was the impetus

for NMFS to revise the regulations in

this final rule, thereby clarifying

NMFS’s intent.

NMFS acknowledges that the current

regulations governing observer

contractor certification do not include a

periodic review process to evaluate the

ability of an observer contractor to

satisfactorily perform their

responsibilities and duties as required at

§ 679.50(i)(2). If NMFS became aware of

evidence that an observer contractor

failed to perform the necessary

responsibilities and duties, NMFS

would initiate an investigation under

the suspension or decertification

procedures.

Comment 7. The proposed

requirement that observers have taken at

least one course that used dichotomous

keys extensively is ambiguous and

subjective. The current observer

requirements are too rigid and excessive

given that observers are the most

educated, yet lowest paid members of

the fishing community.

Response. NMFS disagrees. When

NMFS reviews observer candidates’

transcripts, a course that used

dichotomous keys extensively would be

evidenced by a course in biological

taxonomy or in a course description as

provided with the transcript. NMFS

observer training staff have noted that

observer candidates with coursework in

dichotomous keys are more successful

in the portions of the observer training

course where fish dichotomous keys are

used.

Comment 8. The proposed changes

that would increase the number of

briefing days also increases the number

of days that observers are not paid for

their work. Until observers are paid a

decent wage, the number of required

briefing days should not be increased.

Response. NMFS disagrees. Although

the proposed number of observer

briefing days required in a 12-month

period would increase from 2 to 4 under

this rule, the number of observer

briefing days required for subsequent

deployments within a calendar year

would decrease from 2 to 1. The total

number of briefing days would be 4 for

the first trip plus 1 for each subsequent

deployment, compared to 2 briefing

days for each trip as is currently

required. The net change in annual

number of observer briefing days is

anticipated to be minimal. For instance,

many observers are deployed twice per

year. Under this final rule, they would

be required to have 5 briefing days, as

compared to 4 briefing days under the

previous requirements. If an observer is

deployed three times per year, the total

number of briefing days would not

change. NMFS believes any additional

briefing days and the associated cost are

warranted given the changes to observer

sampling requirements and procedures

that necessitate additional observer

briefing time. NMFS does not anticipate

that the training base for observers will

change significantly in the near future

such that the additional briefing days

would not be necessary. The majority of

the current observer contractor

companies do compensate observers to

some extent for briefing days.

Comment 9. Currently, if observers

have not been deployed for a 2-year

period, they must repeat the complete 3-

week training course prior to being

deployed. NMFS has proposed that this

time period be reduced to 18 months.

The APO opposes this revised

requirement and believes that the 4-day

briefing requirement for an observer

who has not worked recently as an

observer is sufficient. APO opposes any

increased provisions affecting the

observer until NMFS overhauls the

structure of the observer program. If

observers are required to go through

training after 18 months of not

observing, this amounts to more

volunteer work on the part of the

observer as most companies do not

compensate the observer during

training.

Response. NMFS disagrees. New and

future programs (e.g., observer

electronic reporting and multispecies

CDQ, respectively) will continue to

create additional training requirements

for observers, therefore necessitating

additional training time. Given these

circumstances, NMFS can no longer

assure the best quality observer data

possible if some observers are not

adequately trained in new sampling

techniques and procedures. NMFS

believes this change in requirements

will affect only a relatively low number

of observers. The best available

information indicates that

approximately 5 percent of observers

trained and briefed in 1996 and 1997

had not been deployed during the prior

18-month period. The majority of the

current observer contractor companies

do compensate observers to some extent

for training days. Nonetheless, NMFS

believes modified training and briefing

requirements are necessary to address

data quality concerns.

Classification

This final rule has been determined to

be not significant for purposes of E.O.

12866.

The changes occurring through this

regulatory action are largely within the

scope of issues thoroughly analyzed in

the EA/RIR/FRFA for the 1997 Interim

Groundfish Observer Program (61 FR

56425, November 1, 1996). A copy is

available from NMFS (see ADDRESSES).

That EA/RIR/FRFA supplements the

EA/RIR/FRFA prepared for this action.

NMFS prepared an FRFA, which

consists of the EA/RIR/FRFA and the

preambles to the proposed and final rule
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 67759

implementing this action. Based on the

analysis, it was determined that this

rule could have a significant economic

impact on a substantial number of small

entities. A copy of this analysis is

available from NMFS (see ADDRESSES).

Observer costs borne by vessels and

processors are based on whether an

observer is aboard a vessel and on

overall coverage needs. Higher costs are

borne by those vessels and shoreside

processors that require higher levels of

coverage. Most of the catcher vessels

participating in the groundfish fisheries

off Alaska and required to carry

observers (i.e., vessels 60 ft (18.3 mt)

LOA and longer) meet the definition of

a small entity under the Regulatory

Flexibilility Act. In 1995, about 270

catcher vessels carried observers. The

FRFA prepared for the 1997 Interim

Groundfish Observer Program describes

the degree to which these catcher

vessels would be economically

impacted by observer coverage levels.

Because this rule would not implement

any changes in required observer

coverage levels and the underlying

socioeconomic status of the fishery has

remained stable, the basic observer

coverage requirements are not expected

to result in any economic impacts

beyond those already analyzed.

Several minor changes are

implemented for 1998 under this rule.

First, an observer conflict-of-interest

regulation would be removed, thereby

potentially creating increased

employment opportunities for

observers. Five observer contractors are

likely to be affected by this rule. All are

considered small entities, and none are

likely to experience significant

economic impacts. Given that observers

are employees of observer contractors,

this change could increase the economic

benefits realized by observer

contractors.

Second, although the number of

observer briefing days required in a 12-

month period would increase from 2 to

4, the number of observer briefing days

required for subsequent deployments

within a calendar year would decrease

from 2 to 1. The net change in number

of observer briefing days is anticipated

to be minimal. The briefing day costs

(lodging, per diem) are approximately

$135–200 per day and are dependent on

the briefing location (Alaska or

Washington). The cost is borne by either

the observer or the observer contractor

and is dependent upon the specific

employment arrangements between

these entities. The briefing day costs are

typically passed on from the observer or

the observer contractor to the vessel or

processor that is required to have the

observer coverage. In 1996, 384

observers (employed by five observer

contractors) were briefed for the North

Pacific groundfish fisheries.

Third, additional training days will be

required of observers that have not been

deployed for 18 months. Previously,

these observers were required to attend

a 4-day briefing. This rule will require

they attend a 3-week training course (15

working days). NMFS believes this

change in requirements will affect only

a relatively low number of observers.

The best available information, through

October 1997, indicates that

approximately 5 percent of observers

trained or briefed in 1996 and 1997 had

not been deployed during the past 18-

month period. From January 1996

through October 1997, 1,010 observers

were trained or briefed. The majority of

the current observer contractor

companies do compensate observers to

some extent for briefing/training days.

Alternatives that addressed modifying

reporting requirements for small entities

or the use of performance rather than

design standards for small entities were

not considered by the Council or in this

analysis. Such alternatives are not

relevant to this action and would not

mitigate the impacts on small entities.

Allowing exemptions for small entities

from this proposed action would not be

appropriate because the objective to

assure uninterrupted and

comprehensive observer coverage

requirements through 1998 could not be

achieved if small entities were

exempted.

However, this action does include

measures that will minimize the

significant economic impacts of

observer coverage requirements on at

lease 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 between

60 ft (18.3 m) and 125 ft (38.1 m) LOA

have lower levels of observer coverage

than those for vessels over 125 ft (38.1

m) LOA. These measures, 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

adversely affecting implementation of

the conservation and management

responsibilities imposed by the FMPs

and the Magnuson-Stevens Act.

The EA/RIR/FRFA prepared for the

1997 Interim Groundfish Observer

Program (61 FR 56425, November 1,

1996) included the North Pacific

Fisheries Research Plan (Research Plan)

as an alternative. However, the Research

Plan is no longer a viable alternative to

the proposed interim observer program.

The political and economic concerns

that led the Council to repeal the

Research Plan still exist. Furthermore,

fees collected in 1995 were refunded in

early 1996 and, if the Research Plan

were pursued as the preferred

alternative, start-up funding would have

to be collected again. Regulations

implementing the existing observer

program will expire at the end of 1997.

It is not feasible to implement a feebased observer program by the end of

this year, which would be necessary to

provide observer coverage for the 1998

groundfish fisheries. The preferred

alternative for an interim observer

program is the only option that could be

implemented by 1998 so that the

groundfish fisheries could commence

without interruption. Since the repeal of

the Research Plan and at the direction

of the Council, NMFS has been

developing a long-term alternative

program structure to address the

problems identified with the current

observer program structure. The Council

is scheduled to take final action at its

February 1998 meeting.

The proposed rule to implement

regulatory changes to the Interim

Groundfish Observer Program was

published in the Federal Register on

September 19, 1997 (62 FR 49198) and

comments were invited on the IFRA. No

comments were received on the IRFA.

This rule contains a revised

collection-of-information requirement

subject to the Paperwork Reduction Act

(PRA). This collection-of-information

requirement has been approved by the

Office of Management and Budget

(OMB) under OMB Control Number

0648–0318. The estimated current

burden for submission of observer

contractor information is 15 minutes.

The proposed rule requested public

comment on this revised collection-ofinformation requirement. No comments

were received from OMB or the public.

Public comment is sought regarding:

Whether this collection of information

is necessary for the proper performance

of the functions of the agency, including

whether the information has practical

utility; the accuracy of the burden

estimate; ways to enhance the quality,

utility, and clarity of the information to

be collected; and ways to minimize the

burden of the collection of information,

including through the use of automated

collection techniques or other forms of

information technology. (See

ADDRESSES.)

Notwithstanding any other provision

of the law, no person is required to

respond to, nor shall any person be

subject to a penalty for failure to comply

with, a collection-of-information subject

to the requirements of the PRA, unless
67760 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

that collection- of-information displays

a currently valid OMB control number.

Observer coverage provides quality

data to monitor the fisheries, support

resource management, and monitor

compliance by vessels and shoreside

processors with Federal fisheries

regulations. Therefore, continuation of

uninterrupted observer coverage

requirements as intended by NMFS and

the Council is essential to the

conservation and management of the

fisheries. In addition, insofar as the

requirements of this observer program

remain largely unchanged from those in

effect during 1997, the affected public

should be familiar with these

requirements and should not need

additional time to prepare for their

renewed effectiveness at the beginning

of the 1998 fisheries. Accordingly, for

the reasons set forth above, the Assistant

Administrator for Fisheries, NOAA

finds for good cause namely, it is

unnecessary and contrary to the public

interest to delay the effectiveness of this

rule for 30 days. In order to have no

lapse in coverage, this rule is effective

on January 1, 1998.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Reporting and

recordkeeping requirements.

Dated: December 22, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

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

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 § 679.7, paragraph (g)(1) is

revised to read as follows:

§679.7 Prohibitions.

* * * * *

(g) * * *

(1) Forcibly assault, resist, oppose,

impede, intimidate, sexually harass,

bribe, or interfere with an observer.

* * * * *

3. In § 679.50, paragraph

(h)(2)(i)(A)(4) is removed, paragraph

(h)(2)(i)(A)(5) is redesignated as

paragraph (h)(2)(i)(A)(4) and the section

heading, paragraphs (c)(1)(vi) and (vii),

(i)(1)(i) and (iii), introductory text of

(i)(2)(xiv), (i)(2)(xiv)(G), and (j)(7)(iv) are

revised to read as follows:

§ 679.50 Groundfish Observer Program

applicable through December 31, 1998.

* * * * *

(c) * * *

(1) * * *

(vi) A catcher/processor or catcher

vessel fishing with hook-and-line gear

that is required to carry an observer

under paragraph (c)(1)(v) of this section

must carry an observer during at least

one entire fishing trip using hook-andline gear in the Eastern Regulatory Area

of the GOA during each calendar quarter

in which the vessel participates in a

directed fishery for groundfish in the

Eastern Regulatory Area using hookand-line gear.

(vii) A catcher/processor or catcher

vessel equal to or greater than 60 ft (18.3

m) LOA fishing with pot gear that

participates for more than 3 fishing days

in a directed fishery for groundfish in a

calendar quarter must carry an observer

during at least 30 percent of its fishing

days while using pot gear in that

calendar quarter and during at least one

entire fishing trip using pot gear in a

calendar quarter for each of the

groundfish fishery categories defined

under paragraph (c)(2) of this section in

which the vessel participates.

* * * * *

(i) * * *

(1) * * *

(i) Application. An applicant seeking

to become an observer contractor must

submit an application to the Regional

Administrator describing the applicant’s

ability to carry out the responsibilities

and duties of an observer contractor as

set out in paragraph (i)(2) of this section

and the arrangements and methods to be

used. Observer contractors certified

prior to January 1, 1998, and that have

provided observer services during 1997,

are exempt from this requirement to

submit an application and are certified

for the term specified in paragraph

(i)(1)(iii) of this section.

(ii) * * *

(iii) Term. Observer contractors will

be certified through December 31, 1998.

Observer contractors can be decertified

or suspended by NMFS under paragraph

(j) of this section.

(2) * * *

(xiv) Providing the following

information to the Observer Program

Office by electronic transmission (email), fax, or other method specified by

NMFS.

* * * * *

(G) A completed and unaltered copy

of each type of signed and valid contract

(including all attachments, appendices,

addendums, and exhibits incorporated

into the contract) an observer contractor

has with those entities requiring

observer services under paragraphs (c)

and (d) of this section and with

observers. Completed and unaltered

copies of signed and valid contracts

with specific entities requiring observer

services or with specific observers must

be submitted to the Observer Program

Office upon request. Types of signed

and valid contracts include the

contracts an observer contractor has

with:

(1) Vessels required to have observer

coverage as specified at paragraphs

(c)(1)(i) and (iv) of this section,

(2) Vessels required to have observer

coverage as specified at paragraphs

(c)(1)(ii), (v), and (vii) of this section,

(3) Shoreside processors required to

have observer coverage as specified at

paragraph (d)(1)(i) of this section,

(4) Shoreside processors required to

have observer coverage as specified at

paragraph (d)(1)(ii) of this section,

(5) Observers (to include contracts for

the various compensation or salary

levels of observers, the levels being

based on observer experience).

(6) Required copies of contracts must

be submitted by mail or faxed to: NMFS

Observer Program Office, 7600

Sandpoint Way Northeast, Seattle, WA

98115–0070; fax number 206–526–4066.

* * * * *

(j) * * *

(7) * * *

(iv) If the appeals officer grants review

based on the written petition, he or she

may request further written explanation

from observers, observer contractors, or

the decertifying officer or suspending

officer. The appeals officer will then

render a written decision to affirm,

modify, or terminate the suspension or

decertification or return the matter to

the suspending or decertifying official

for further findings. The appeals officer

must base the decision on the

administrative records compiled under

paragraphs (j)(5) or (j)(6) of this section,

as appropriate. The appeals officer will

serve the decision on observers or

observer contractors and any affiliates

involved, personally or by certified

mail, return receipt requested, at the last

known residence or place of business.

* * * * *

[FR Doc. 97-33892 Filed 12–29–97; 8:45 AM]

BILLING CODE 3510–22–F