[Federal Register Volume 65, Number 214 (Friday, November 3, 2000)]
[Proposed Rules]
[Pages 66223-66225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28304]


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DEPARTMENT OF COMMERCE

National Oceanic Atmospheric Administration

50 CFR Part 679

[Docket No. 001023289-0289-01; I.D. 083000C]
RIN 0648-AO25


Fisheries of the Exclusive Economic Zone Off Alaska; Extension of 
the Interim Groundfish Observer Program through December 31, 2002

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes a rule to extend through 2002 the existing 
regulations for the Interim North Pacific Groundfish Observer Program 
(Observer Program), which otherwise would expire December 31, 2000. 
This action is necessary to ensure uninterrupted observer coverage 
through December 31, 2002. The intention is to advance the management 
objectives of the Fishery Management Plan for the Groundfish Fishery of 
the Bering Sea and Aleutian Islands Area and the Fishery Management 
Plan for Groundfish of the Gulf of Alaska (FMPs). The proposed rule 
would not amend the existing regulations, except to extend the 
certifications of observer contractors who are currently certified by 
NMFS.

DATES: Comments on this proposed rule must be received by November 20, 
2000.

ADDRESSES: Comments should be sent to Sue Salveson, Assistant Regional 
Administrator for Sustainable Fisheries, Alaska Region, NMFS, P.O. Box 
21668, Juneau, AK 99802, Attn: Lori Gravel, or delivered to the Federal 
Building, 709 West 9th Street, Juneau, AK. Copies of the Environmental 
Assessment/Regulatory Impact Review/Final Regulatory Flexibility 
Analysis (EA/RIR/FRFA) prepared for the 1997 Interim Groundfish 
Observer Program, the RIR/FRFA prepared for the 1998 Interim Groundfish 
Observer Program, the RIR/FRFA prepared for the 1999-2000 Interim 
Groundfish Observer Program, and the RIR/Initial Regulatory Flexibility 
Analysis (IRFA) prepared for this proposed regulatory action may also 
be obtained from the same address. Send comments on any ambiguity or 
unnecessary complexity arising from the language used in this proposed 
rule to the Regional Administrator, Alaska Region, P.O. Box 21668, 
Juneau AK 99802.

FOR FURTHER INFORMATION CONTACT: Bridget Mansfield, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    NMFS manages the U.S. groundfish fisheries of the Gulf of Alaska 
and the Bering Sea and Aleutian Islands Area in the Exclusive Economic 
Zone under the FMPs. The North Pacific Fishery Management Council 
(Council) prepared the Fishery Management Plans (FMPs) pursuant to the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). Regulations implementing the FMPs appear at 50 CFR part 
679. General regulations that pertain to U.S. fisheries appear at 
subpart H of 50 CFR part 600.
    The Council adopted and NMFS implemented the Interim Groundfish 
Observer Program (Interim Program) in 1996, which superseded the North 
Pacific Fisheries Research Plan (Research Plan). The requirements of 
the 1996 Interim Program were extended through 1997 (61 FR 56425, 
November 1, 1996), again through 1998 (62 FR 67755, December 30, 1997), 
and again through 2000 (63 FR 69024, December 15, 1998). The Interim 
Program provides the framework for the collection of data by observers 
to obtain information necessary for the conservation and management of 
the groundfish fisheries managed under the FMPs. Further, it authorizes 
mandatory observer coverage requirements for vessels and shoreside 
processors and establishes vessel, processor and contractor 
responsibilities relating to the observer program. NMFS' intent is that 
the Interim Program be effective until a long-term program is developed 
and implemented that addresses several current concerns. These include 
data integrity, observer compensation, working conditions for 
observers, and equitable distribution of observer costs.
    NMFS is working with the Council and the Council's Observer 
Advisory Committee (OAC) to address the concerns above and to develop 
new options for an alternative infrastructure for the Observer Program. 
A new infrastructure would be expected to ensure the continued 
collection of quality observer data and address observer coverage cost 
distribution issues through a fee system or alternate funding 
mechanism.
    The development of a new infrastructure will require extensive time 
and coordination among NMFS staff, the OAC, and representatives of the 
industry sectors and observer interests. The intent of NMFS and the 
Council is to implement a replacement structure for the program prior 
to the proposed expiration of the current Interim Observer Program on 
December 31, 2002.
    A description of the regulatory provisions of the Interim 
Groundfish Observer Program was provided in the proposed and final 
rules implementing this program (61 FR 40380, August 2, 1996; 61 FR 
56425, November 1, 1996, respectively) as well as the proposed and 
final rules extending this program through 1998 and again through 2000 
(62 FR 49198, September 19, 1997; 62 FR 67755, December 30, 1997; 63 FR 
47462, September 8, 1998; 63 FR 69024, December 15, 1998, 
respectively). No changes to the existing regulations are proposed in 
this rulemaking, except to extend certification of observer

[[Page 66224]]

contractors who are currently certified by NMFS under the terms and 
conditions set forth in the regulations at Sec.  679.50(i).
    NMFS will continue efforts to enhance the existing Interim Program 
under separate rulemaking. At its June 2000 meeting, the Council 
recommended several changes to the regulations implementing the 
Observer Program to address concerns about observer coverage 
requirements and the adequacy of regulatory provisions supporting the 
working environment of observers. NMFS anticipates that a proposed rule 
to implement the Council's recommendation will be published in the 
Federal Register next year for public review and comment. These changes 
include the following: Revised coverage requirements for shoreside 
processors, shoreside observer housing, transportation and 
communication standards, revised coverage requirements for the 
groundfish pot fishery, and restrictions on distribution of personal 
information on individual observers.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This rule would extend without change existing collection-of-
information requirements subject to the Paperwork Reduction Act (PRA). 
The collection of this information has been approved by the Office of 
Management and Budget (OMB) under OMB control numbers 0648-0307 and 
0648-0318.
    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 that collection of information displays 
a currently valid OMB control number.
    The extension of the existing regulations implementing the Interim 
Observer Program through December 31, 2002, is consistent with the 
intent and purpose of the Interim Observer Program. The extension will 
provide the same benefits as listed in the EA/RIR/FRFA for the Interim 
Observer Program dated August 27, 1996, the RIR/FRFA for the extension 
of the Interim Observer Program through 1998 dated October 28, 1997, 
and the RIR/FRFA for the extension of the Interim Observer Program 
through 2000, dated June 4, 1998. Copies of these analyses are 
available from NMFS (see ADDRESSES).
    NMFS prepared an IRFA, which describes the impact this proposed 
rule would have on small entities, if adopted. A copy of this analysis 
is also available from NMFS (see ADDRESSES).
    Observer costs borne by vessels and processors are based on whether 
an observer is deployed aboard a vessel or at a shoreside processor, 
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 that are required to carry an observer (i.e., vessels 60 ft 
(18.3 m) length overall (LOA) and longer) meet the definition of a 
small entity under the Regulatory Flexibility Act (RFA). Since 1995, 
about 270 catcher vessels annually carry observers. The FRFAs prepared 
for the 1998 and 2000 Interim Observer Program describe the degree to 
which these vessels would be economically impacted by observer coverage 
levels or other regulatory provisions of the Observer Program. The 
proposed action is not expected to result in any economic impacts 
beyond those already analyzed in these previous FRFAs because (1) this 
rule would not implement any changes in required coverage levels or 
other regulations implementing the Interim Observer Program, except for 
the extension of the effective date; and (2) the underlying 
socieconomic conditions of the fishery and participating small entities 
has remained constant.
    Although exact quantification of relative costs is not possible due 
to the unavailability of data, we can conclude that smaller vessels 
generally pay a proportionally larger share toward observer coverage 
than do larger vessels and shoreside processors when seen as a 
percentage of ex-vessel or product prices. Additionally, impacts of 
this action cannot be isolated from other factors, including price 
fluctuation. A fluctuation in ex-vessel or product value would likewise 
result in a fluctuation of cost of observer coverage as a percentage of 
the resulting revenues.
    Costs borne by industry to meet observer coverage requirements 
under the Interim Observer Program are considerable ($8-$10 million) 
and would continue under the proposed action to extend the program. 
However, impacts of extending the current interim program would be 
expected to be minimal relative to the No Action alternative. These 
impacts include: (1) elimination of all observer jobs provided through 
the program; (2) elimination of earnings realized by observer 
providers, including the real potential for some companies to go out of 
business; and (3) potential lost revenue to industry in terms of 
inaccurate catch accounting and potential mis-allocation of Total 
Allowable Catch (TAC) resulting in premature or delayed fishery 
closures. Premature closures cause forfeiture of valuable catch and 
could adversely impact product supply and prices paid by consumers. 
Delayed closures of the fishery cause resources to be less effectively 
managed, with adverse long-term implications for productivity and 
future catch levels. While these costs cannot be readily estimated, 
they do represent a real potential loss and would be relatively larger 
for smaller vessels that pay a higher proportional cost for observer 
coverage.
    The RFA requires that the IRFA describe significant alternatives to 
the proposed rule that accomplish the stated objectives of the 
applicable statutes and minimize any impact on small entities. The IRFA 
must discuss significant alternatives to the proposed rule such as (1) 
establishing different reporting requirements for small entities that 
take into account the resources available to small entities, (2) 
consolidating or simplifying of reporting requirements, (3) using 
performance rather than design standards, and (4) allowing exemptions 
from coverage for small entities.
    NMFS did not consider alternatives that address modifying reporting 
requirements for small entities or the use of performance standards. 
Such alternatives are not relevant to this proposed action and would 
not mitigate the impacts on small entities. Allowing for additional 
exemptions for small entities from this proposed action would undermine 
the collection of information needed to effectively manage the Alaska 
groundfish fisheries.
    However, this proposed action does include measures that will 
minimize the significant economic impacts of observer coverage 
requirements on at least 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 60 ft and greater, but less than 125 ft 
(38.1 m) LOA, have lower levels of observer coverage than those 125 ft 
and above. These requirements, 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 significantly adversely affecting the 
implementation of the conservation and management responsibilities 
imposed by the FMPs and the Magnuson-Stevens Act.
    Regulations implementing the existing observer program will expire 
at the end of 2000 unless extended. Implementation of an alternative

[[Page 66225]]

program structure including an alternative funding mechanism is not 
feasible by the end of this year, which would be necessary to provide 
observer coverage for the 2001-2002 groundfish fisheries. The preferred 
alternative for an extension of the current interim observer program is 
the only option that could be implemented by January 1, 2001, and 
ensure the groundfish fisheries could commence without interruption.
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with this directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this proposed 
rule. Such comments should be sent to the Regional Administrator, 
Alaska Region (see ADDRESSES).

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: October 27, 2000
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

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

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

    1. The authority citation for 50 CFR part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq., 1801et seq., and 3631 et seq.

    2. In Sec. 679.50, the section heading, and paragraphs (i)(1)(i) 
and (i)(1)(iii) are revised to read as follows:


Sec.  679.50  Groundfish Observer Program applicable through December 
31, 2002.

* * * * *
    (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 to be used. Observer contractors 
certified for the year 2000 to provide observers through the North 
Pacific Groundfish Observer Program, are exempt from this requirement 
to submit an application and are certified for the term specified in 
paragraph (i)(1)(iii) of this section.
* * * * *
    (iii) Term. Observer contractors will be certified through December 
31, 2002. NMFS can decertify or suspend observer contractors pursuant 
to paragraph (j) of this section.
* * * * *
[FR Doc. 00-28304 Filed 11-2-00; 8:45 am]
BILLING CODE 3510-22-S