Federal Register / Vol. 65, No. 214 / Friday, November 3, 2000 / Proposed Rules 66223

SUMMARY: NMFS announces the

cancellation of two public hearings that

had dates and locations yet to be

determined by the Atlantic States

Marine Fisheries Commission (ASMFC)

and held in the states of Massachusetts

and Rhode Island on the public hearing

draft of Amendment 13 to the Summer

Flounder, Scup, and Black Sea Bass

Fishery Management Plan. The intent to

schedule these meetings was announced

in the Federal Register on September

27, 2000.

FOR FURTHER INFORMATION CONTACT:

Daniel T. Furlong, Executive Director of

the Mid-Atlantic Fishery Management

Council (Council), 302–674–2331, ext.

19, or John Dunnigan, Executive

Director, ASMFC, 202–289–6400, ext.

304.

SUPPLEMENTARY INFORMATION: NMFS, the

Council, and ASMFC jointly manage the

summer flounder fishery off the Atlantic

coast. An earlier notice, published in

the Federal Register (65 FR 58035,

September 27, 2000) announced four

public hearings with specific locations

and dates to gather public comments on

draft Amendment 13. The same notice

also advised the public that two

additional hearings (one in

Massachusetts and one in Rhode Island)

would be held at locations and times to

be determined by the ASMFC and

announced later through another notice

in the Federal Register. The ASMFC has

decided not to hold these hearings.

Dated: October 30, 2000.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–28305 Filed 11–2–00; 8:45 am]

BILLING CODE 3510–22–S

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.

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 MagnusonStevens 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

66224 Federal Register / Vol. 65, No. 214 / Friday, November 3, 2000 / Proposed Rules

contractors who are currently certified

by NMFS under the terms and

conditions set forth in the regulations at

§ 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-ofinformation 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 longterm 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

Federal Register / Vol. 65, No. 214 / Friday, November 3, 2000 / Proposed Rules 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 § 679.50, the section heading,

and paragraphs (i)(1)(i) and (i)(1)(iii) are

revised to read as follows:

§ 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