[Federal Register Volume 61, Number 232 (Monday, December 2, 1996)]
[Rules and Regulations]
[Pages 63759-63761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30635]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 950815208-6299-02; I.D. 080295B]
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
of the Bering Sea and Aleutian Islands Area; Electronic Reporting
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is implementing regulations that will require all
catcher/processor vessels, mothership processor vessels, and shoreside
processors subject to observer coverage to have electronic
communication equipment, hardware, and software necessary for
electronic transmission of observer data. These requirements do not
apply to processors that do not process groundfish. The equipment is
intended for use by observers. Electronic submission of observer data
is necessary to reduce both the time and expense of collecting fishery
information by providing real-time data and to improve the overall
efficiency of fisheries management. The action is intended to further
the objectives of the fishery management plans for the groundfish
fisheries off Alaska.
EFFECTIVE DATE: July 1, 1997.
ADDRESSES: Individual copies of the environmental assessment/regulatory
impact review (EA/RIR) prepared for this action may be obtained from
Fisheries Management Division, Alaska Region, NMFS, P.O. Box 21668,
Juneau, AK 99802, Attn: Lori Gravel. 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, D.C. 20503, Attn: NOAA Desk Officer.
FOR FURTHER INFORMATION CONTACT: Sue Salveson, 907-586-7228.
SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the
exclusive economic zone of the Gulf of Alaska (GOA) and the Bering Sea
and Aleutian Islands management area (BSAI) are managed by NMFS in
accordance with 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). The FMPs were prepared
by the North Pacific Fishery Management Council under the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
The FMPs are implemented by regulations that appear at 50 CFR part 679.
Timely communication between the fishing industry and NMFS is a
critical element of successful fisheries management. Observers submit
reports of catch to the NMFS Observer Program Office. These reports are
crucial to effective inseason management of the groundfish quotas and
prohibited species bycatch allowances. At present, most observer
reports are submitted by fax and often must be resubmitted to obtain a
readable copy. Catch data from these reports must then be verified and
keypunched into an inseason management database. As a result,
transmission and processing of faxed reports is costly, time-consuming,
and can be inefficient for both NMFS and the industry. Because of the
method by which reports are currently submitted and the burden of data
entry, information available for management is often not current with
the real-time status of the fishery. Electronic communication of
observer reports would greatly improve management efficiency and reduce
the costs associated with report submission and processing.
Implementation of requirements for hardware and software that would
support electronic transmission of inseason data in a more timely and
efficient way would benefit both NMFS and the industry.
This rule requires each processor vessel subject to observer
coverage under regulations at Sec. 679.32(c) and Sec. 679.50 to have
the following equipment: A personal computer (PC) in working condition
that contains a full 486DX 66Mhz or greater capacity processing chip,
at least 16 megabytes of RAM, at least 75 megabytes of free hard disk
storage, DOS version 6.0 or a successor version of the DOS operating
system, Windows 3.1, 3.11, or Windows95 (or equivalent and
[[Page 63760]]
compatible software approved by NMFS), a 3.5-inch floppy disk drive, a
28.8kbs Hayes-compatible modem (except with the Standard C units) and a
mouse. For vessel processors, the above-mentioned equipment must be
connected to either an INMARSAT Standard C unit or a communication
device that provides a point-to-point modem connection to the NMFS host
computer and supports one or more of the following protocols:
ITU V.22, ITU V.22bis, ITU V.32, ITU V.32bis, or ITU V.34. Those
processors that use an INMARSAT Standard C unit are not required to
have the 28.8kbs Hayes-compatible modem. NMFS is including the Standard
C unit in the list of acceptable requirements at the present time to
accommodate those vessels that are currently using Standard C
communications. However, the Standard C unit does not conform to the
requirement to have a point-to-point modem connection; therefore, this
unit may be removed from the list of required equipment in the future
once less expensive point-to-point methods become available. NMFS
expects the Standard C transmission costs to be approximately $60-80
per week, based on a compressed 11KB file. The 486DX computer equipment
specified above is the minimum requirement; however, greater processing
capacity is preferable and would run the NMFS-supplied software more
efficiently.
Equipment that differs from these specifications would not operate
the data-entry software that allows electronic data transmission to
NMFS. Not all computer hardware and software and satellite systems are
compatible, and it would be economically and practically inefficient to
set up multiple systems to transmit and collect the same information.
For shoreside processors, the required equipment must be connected
to a communication device that provides point-to-point modem connection
to the NMFS host computer and supports one or more of the following
protocols:
ITU V.22, ITU V.22bis, ITU V.32, ITU V.32bis, or ITU V.34.
The above-specified hardware requirements for shoreside and at-sea
processors do not apply to processors that do not process groundfish.
NMFS published a notice of proposed rulemaking on August 31, 1995
(60 FR 45393), which specified proposed hardware and software equipment
that processors subject to observer coverage would be required to
provide for use by the observer. Reasons for these requirements were
addressed in that notice. Public comment was invited through September
29, 1995. One letter of comments was received and is summarized and
responded to below in the ``Response to Comments'' section.
NMFS has made the following changes to the final rule from the
proposed rule: NMFS has modified the final rule to include performance
based standards for electronic communication instead of requiring
specific satellite communication units. This change is in response to
general industry comments received at a meeting on August 8, 1996. The
proposed rule required INMARSAT Standard A, B, or C units. Under the
final rule, Standard A and B units would conform to the performance
standards and are still acceptable. As mentioned above, NMFS will
continue to accept the Standard C unit until inexpensive point-to-point
technology is available.
NMFS has determined that some updates to the computer equipment are
necessary. The new requirements specify increased RAM and hard disk
storage space, and update the DOS operating system to version 6.0, as
well as including Windows95 in the list of acceptable operating
systems.
NMFS has also removed some software requirements that were included
in the proposed rule. NMFS intends to take a more graduated approach to
implementation of the electronic hardware and software intended to
support the Observer Program operations. The hardware and some software
requirements will be established in this final rule for mid 1997. The
Observer Program Office intends to work with the industry to install
the observer data entry software and communications package. After all
of the software has been installed, NMFS intends to initiate rulemaking
later in 1997 to require full function compliance with the Observer
Program data entry and electronic communications software. This
approach will provide both NMFS and the industry ample time and
opportunity to resolve any unexpected operational details.
NMFS intends to continue to explore new technology to improve
electronic communications, including the future use of the Internet.
NMFS encourages the public to provide information on the feasibility of
applying new communications technology to at-sea operations, as well as
means to facilitate shoreside transmission of data.
This final rule amends a final rule implementing a revised observer
coverage plan that was published in the Federal Register on November 1,
1996 (61 FR 56425).
Response to Comments
Comment: The requirement for electronic reporting will force the
vessel owners to spend in excess of $30,000 to purchase and install the
satellite system for the sole purpose of submitting observer data to
NMFS. The cost to install the system is significant and will cause
economic hardship for the vessel. NMFS is urged to reconsider this
requirement for 1995.
Response: In response to industry comments, NMFS has modified the
final rule from the proposed rule to specify certain performance
standards, outlined in the preamble to this rule, for the communication
technology instead of requiring specific INMARSAT technology. The
performance standards encompass an INMARSAT Standard A or B satellite
communication unit for transmission of observer data from at-sea
vessels. Alternatively, the industry could use other methods that
conform to the performance standards. On an interim basis, vessels will
also be permitted to use the INMARSAT Standard C unit. By establishing
performance standards, NMFS has potentially increased the scope of
acceptable units and provided more flexibility to the industry.
Currently, however, approximately 75 percent of the affected industry
has either an INMARSAT A or C unit. For those vessels that choose to
purchase an INMARSAT A unit, the cost would be approximately $30,000;
however, an INMARSAT C unit would cost from $4,000 to $6,000.
Comment 2: Does the current NMFS computer system have all of the
problems worked out and will it accept all of these transmissions?
Response 2: NMFS has been receiving data transmissions from some
groundfish processor vessels via satellite communications for several
years. Vessels that have these communications systems voluntarily
transmit data electronically, because it is a cheaper and more
effective means of data submission. NMFS has also implemented
regulations requiring certain processor vessels that participate in
specified fisheries to provide satellite communication capability for
transmission of observer data (60 FR 34904, July 5, 1995). These
requirements provide a reliable and efficient means of submitting and
receiving observer data for timely inseason management of groundfish
fisheries. NMFS also intends to implement the hardware and some
software requirements first and allow gradual implementation of the
data entry software and communications
[[Page 63761]]
package to provide the opportunity for any potential problems to be
resolved.
Classification
The Assistant General Counsel for Legislation and Regulation,
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this rule would not have a
significant impact on a substantial number of small entities. Although
this regulation would affect a substantial number of small entities,
such as a number of shoreside processors, the effects on those
processors are not anticipated to cause a reduction in annual gross
revenues by more than 5 percent, have annual compliance costs that
increase total costs of production by more than 5 percent, or impose
compliance costs for small entities that are at least 10 percent higher
than compliance costs as a percent of sales for large entities. This
rule would require the processors to obtain some computer hardware and
software, which many of them already have. They would also incur costs
to transmit data, but the cost is estimated to be small. One comment
was received concerning the issue of the cost of the required
equipment. NMFS has responded to this issue above. As a result, a
regulatory flexibility analysis was not prepared.
This rule contains a collection-of-information requirement subject
to the Paperwork Reduction Act (PRA). The collection of this
information has been approved by the Office of Management and Budget,
OMB Control number 0648-0307. NMFS estimates an installation time of
approximately 9-13 hours for the satellite communication units. Data
transmission time is estimated at no more than ten minutes for each
observer report. Send comments regarding these burden estimates or any
other aspect of the data requirements, including suggestions for
reducing the burdens, to NMFS and OMB (see ADDRESSES). Notwithstanding
any other provision of 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.
This rule has been determined to be not significant for purposes of
E.O. 12866.
List of Subjects in 50 CFR Part 679
Fisheries, Reporting and recordkeeping requirements.
Dated: November 25, 1996.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR Part 679 is amended
as follows:
50 CFR CHAPTER VI
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.
2. In Sec. 679.50, paragraphs (f)(1)(iii)(B)(1) and
(f)(2)(iii)(B)(1) are revised to read as follows:
Sec. 679.50 Groundfish Observer Program applicable through December
31, 1997.
* * * * *
(f) * * *
(1) * * *
(iii) * * *
(B) * * *
(1) Hardware and software. Providing for use by the observer a
personal computer in working condition that contains a full 486DX 66Mhz
or greater capacity processing chip, at least 16 megabytes of RAM, at
least 75 megabytes of free hard disk storage, DOS version 6.0 or a
successor version of the DOS operating system, Windows 3.1, 3.11, or
Windows95 (or equivalent and compatible software approved by NMFS), a
mouse, and a 3.5-inch floppy disk drive. The computer equipment
specified in this paragraph (B) must be connected to either an INMARSAT
Standard C unit capable of transmitting binary files or a communication
device that provides a point-to-point modem connection to the NMFS host
computer and supports one or more of the following protocols: ITU V.22,
ITU V.22bis, ITU V.32, ITU V.32bis, or ITU V.34. Those processors that
use other than an INMARSAT Standard C unit must have at least a 28.8kbs
Hayes-compatible modem. The above-specified hardware and software
requirements do not apply to processors that do not process groundfish.
* * * * *
(2) * * *
(iii) * * *
(B) * * *
(1) Hardware and software. Making available for use by the observer
a personal computer in working condition that contains a full 486DX
66Mhz or greater capacity processing chip, at least 16 megabytes of
RAM, at least 75 megabytes of free hard disk storage, DOS version 6.0
or a successor version of the DOS operating system, Windows 3.1, 3.11,
or Windows95 (or equivalent and compatible software approved by NMFS),
at least a 28.8kbs Hayes-compatible modem, a mouse, and a 3.5-inch
floppy disk drive. The computer equipment specified in this paragraph
(B) must be connected to a communication device that provides a point-
to-point modem connection to the NMFS host computer and supports one or
more of the following protocols: ITU V.22, ITU V.22bis, ITU V.32, ITU
V.32bis, or ITU V.34. The above-specified hardware and software
requirements do not apply to processors that do not process groundfish.
* * * * *
[FR Doc. 96-30635 Filed 11-29-96; 8:45 am]
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