[Federal Register Volume 60, Number 169 (Thursday, August 31, 1995)]
[Proposed Rules]
[Pages 45393-45395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21451]
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DEPARTMENT OF COMMERCE
50 CFR Part 677
[Docket No. 950815208-5208-01; I.D. 080295B]
RIN 0648-AE78
Groundfish of the Gulf of Alaska; Groundfish of the Bering Sea
and Aleutian Islands; North Pacific Fisheries Research Plan; Electronic
Transmission of Observer Data
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 proposes regulations that would require all catcher/
processor or mothership processor vessels that process groundfish and
that are subject to observer coverage requirements to have satellite
communication equipment and the necessary hardware and software for
electronic transmission of observer data. The proposed regulations
would also require all shoreside processors that are subject to
observer coverage and that process groundfish to have the necessary
computer hardware and software to send data electronically via a modem.
This 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
improving the overall efficiency of fisheries management.
DATES: Comments must be received at the following address by September
29, 1995.
ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK
99802, Attn: Lori Gravel. Individual copies of the environmental
assessment/regulatory impact review (EA/RIR) prepared for this action
may be obtained from the same address.
FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228.
SUPPLEMENTARY INFORMATION:
The domestic groundfish fisheries in the exclusive economic zone of
the Gulf of Alaska and the Bering Sea and Aleutian Islands (BSAI)
management area 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 (FMPs). The FMPs were prepared by the North Pacific
Fishery Management Council (Council) under the Magnuson Fishery
Conservation and Management Act. The FMPs are implemented by
regulations that appear at 50 CFR parts 672, 675, and 676. General
regulations that also govern the groundfish fisheries appear at 50 CFR
part 620. Regulations governing the groundfish observer program appear
at 50 CFR part 677.
Timely communication between the fishing industry and NMFS is a
critical element of successful fisheries management. Industry submits
various reports to NMFS through the fisheries management. Observers
also submit reports of catch to the NMFS Observer Program. These
reports are crucial to effective inseason management of the groundfish
quotas and bycatch allowances. At present, most industry and many
observer reports are submitted by fax. Faxed reports often must be
resubmitted to obtain a readable report. Catch data from these reports
must then be verified and entered 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 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.
At its June 1995 meeting, the Council recommended that NMFS issue
regulations that would require all processor vessels that process
groundfish to have on board either an INMARSAT Standard A, B, or C
unit, as well as the computer hardware and software that would enable
observer reports to be sent electronically. Shoreside processors would
be required to have certain computer hardware and software for the
observers to submit data electronically, using a computer modem. The
management measure recommended by the Council is detailed below.
Catch and bycatch data collected by observers are used for inseason
management of groundfish total allowable catch amounts and prohibited
species catch limits. This information is provided on a weekly or daily
basis by the observers. Data received from observers are typically
verified and entered into electronic data files. The delays and expense
of the current methods used to finalize observer data create a burden
on the resources of the NMFS Observer Program Office. Data transmission
is also costly to processors (e.g., approximately $144/week).
Entering of observer data is an expensive and time-consuming
process. Delays in processing inseason data detract from the ability of
NMFS to keep pace with the real-time activities of the fisheries fleet.
This results in less efficient management.
NMFS has had success with the use of electronic data transmission
from some vessels at sea that use shipboard-based computers,
communications software, and communications satellites. The time
required by the Observer Program Office to verify observer data is
greatly reduced and the time required to enter data into an inseason
database is essentially eliminated. As a result, information is
transmitted to inseason managers in a more timely manner. Industry
benefits through reduced transmission costs and overall increased
efficiency of fisheries management.
Under this proposed regulation each processor vessel that is
subject to observer coverage under regulations at Sec. 677.10, and that
processes groundfish
[[Page 45394]]
would be required to have an INMARSAT Standard A, B, or C satellite
communication unit. These units are all capable of performing the
necessary data transmission functions; although each one has some
unique features that might make it more appropriate on some vessels
compared to others. Those operators of vessels with Standard C units
must ensure that the unit is capable of transmitting binary files. The
computer equipment for at-sea processors includes a personal computer
(PC) with a full 486DX or better processing chip, a DOS version 5.0 or
greater operating system, 50 megabytes or greater of free hard disk
storage, 8 megabytes or greater of RAM, a data entry program and
communications package provided by NMFS, Windows 3.1 or a comparable
system, and a mouse. With the Standard A and B units, a 14400-baud
Hayes-compatible modem is necessary.
Each shoreside processing facility that is subject to observer
coverage under regulations at Sec. 677.10, and that processes
groundfish, would be required to have the capability to transmit data
over telephone lines using a computer modem. These processors would be
required to obtain a PC with a full 486DX or better processing chip,
with at least a 14400 baud Hayes-compatible modem, and a phone line,
DOS 5.0 or greater operating system, 50 megabytes or greater of free
hard disk storage, 8 megabytes or greater of RAM, a data entry program
and communications package provided by NMFS, Windows 3.1 or comparable
system, and a mouse.
Currently 105 out of 190 processor vessels equal to or greater than
60 ft (18.29) length overall (LOA) (i.e., those that are currently
subject to observer coverage requirements) have Standard A satellite
communication units and an additional 41 processor vessels equal to or
greater than 60 ft (18.29) LOA have Standard C units.
As indicated, a large proportion of the fleet currently has this
satellite communication equipment and uses it for routine operations.
NMFS is not, therefore, imposing management measures, for most vessels,
that differ significantly from their current communication systems.
Figures are not available for how many vessels and shoreside processing
plants currently have the appropriate computer hardware and software.
However, the cost of this computer equipment ranges from $1,000-2,500,
which would not result in significant additional costs for those
processors that do not have this equipment.
Some hardware and software requirements in this proposed rule have
been upgraded from those set out in regulations implementing Amendment
35 to the BSAI FMP (60 FR 34904, July 5, 1995). The regulations
implementing Amendment 35 require similar satellite communications
capability on certain mothership processor vessels and computer
equipment on certain mothership processor vessels and shoreside
processors. These changes are necessary to accommodate improvements in
the data-entry software developed by NMFS. Conforming to these changes
should not pose undue hardship on the motherships that currently have
the equipment specified under Amendment 35.
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.
These equipment requirements are consistent with the applicable
specifications for uniform standards for fishing vessel monitoring
systems published by NMFS in the Federal Register (March 31, 1994, 59
FR 15180). Fleet-wide installation of electronic communication
equipment would benefit the industry through improved inseason
management of the fisheries.
This equipment would be used initially by observers to enter and
transmit data electronically. However, at a future date, NMFS may also
implement electronic reporting requirements for processors for industry
reports such as the weekly production reports, check in/out reports,
and vessel activity reports. These requirements would be proposed under
separate rulemaking, but NMFS intends that the same or similar
satellite communication equipment and computer hardware be required for
processors under that proposed rule. NMFS is currently developing
software appropriate for those processor reports.
Classification
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
will not have a significant economic impact on a substantial number of
small entities. Although this regulation has the potential to affect
greater than 20 percent of the total universe of small entities, it
would not result in a reduction in annual gross revenues by more than 5
percent, annual compliance costs that increased total costs of
production by more than 5 percent, or compliance costs for small
entities that are at least 10 percent higher than compliance costs as a
percent of sales for large entities. As a result, a regulatory
flexibility analysis was not prepared.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
List of Subjects in 50 CFR Part 677
Fisheries, Reporting and recordkeeping requirements.
Dated: August 24, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 677 is
proposed to be amended as follows:
PART 677--NORTH PACIFIC FISHERIES RESEARCH PLAN
1. The authority citation for part 677 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 677.10, paragraphs (c)(3)(ii), (c)(3)(iii) and
(d)(3)(ii) are revised to read as follows:
Sec. 677.10 General requirements.
* * * * *
(c) * * *
(3) * * *
(ii) Ensuring that each catcher/processor or mothership processor
vessel that is subject to observer coverage under Sec. 677.10 and that
processes groundfish is equipped with either an INMARSAT Standard A, B,
or C satellite communication unit. The Standard C unit must be capable
of transmitting binary files. A 14400-baud Hayes-compatible modem must
be supplied with the Standard A and B units. The operator of each
catcher/processor or mothership processor vessel shall also make
available for use by the observer the following equipment or equipment
compatible therewith: A personal computer with a full 486DX or better
processing chip, a DOS 5.0 or greater operating system, 50 megabytes or
greater of free hard disk storage, 8 megabytes or greater of RAM, a
data entry program and communications package provided by NMFS, Windows
3.1 or Windows 3.11, and a mouse.
(iii) Ensuring that the communication equipment that is on catcher/
processor or mothership processor vessels as specified at paragraph
(c)(3)(ii) of this section, and that is used by observers to
[[Page 45395]]
transmit data is fully functional and operational.
* * * * *
(d) * * *
(3) * * *
(ii) Ensuring that each shoreside processing facility that is
subject to observer coverage under Sec. 677.10 and that processes
groundfish makes available to the observer the following equipment or
equipment compatible therewith: A personal computer (PC) with a full
486DX or better processing chip, with at least a 14400-baud Hayes-
compatible modem and a phone line, DOS 5.0 or greater operating system,
50 megabytes or greater of free hard disk storage, 8 megabytes or
greater of RAM, a data entry program and communications package
provided by NMFS, Windows 3.1 or comparable system, and a mouse.
* * * * *
[FR Doc. 95-21451 Filed 8-30-95; 8:45 am]
BILLING CODE 3510-22-F
