[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:
E-mail: [email protected]. Include in the subject
line the following identifier: ``OCS proposed rule.'' E-mail comments,
with or without attachments, are limited to 5 megabytes;
Mail: P.O. Box 21668, Juneau, AK 99802;
Fax: (907) 586-7557;
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK; or
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
[email protected].
SUPPLEMENTARY INFORMATION:
Background
NMFS manages the U.S. groundfish fisheries of the Bering Sea and
Aleutian Islands Management Area (BSAI) and Gulf of Alaska (GOA) in the
Exclusive Economic Zone under the FMPs. The North Pacific Fishery
Management Council (Council) has prepared the FMPs pursuant to the
Magnuson-Stevens Fishery Conservation and Management Act. Regulations
implementing the FMPs appear at 50 CFR part 679. General regulations
that pertain to U.S. fisheries appear at subpart H of 50 CFR part 600.
The Council originally adopted and NMFS approved and implemented
the
[[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]
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