Fisheries of the Exclusive Economic Zone Off Alaska; Extension of the Interim Groundfish Observer Program through 1998

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 970829216-7305-02; I.D. 073097B]

RIN 0648-AK15

Fisheries of the Exclusive Economic Zone Off Alaska; Extension of

the Interim Groundfish Observer Program through 1998

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule to implement a regulatory amendment

to extend with some minor revisions the current groundfish observer

coverage requirements and implementing regulations for the North

Pacific Groundfish Observer Program (Observer Program) that are in

effect through December 31, 1997. This action is necessary to assure

uninterrupted observer coverage requirements through 1998. This action

also provides notice of changes to observer qualifications and observer

training/briefing requirements, which are non-codified elements of the

Observer Program.

This action is intended to accomplish the objectives of 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).

DATES: Effective January 1, 1998.

ADDRESSES: Copies of the Regulatory Impact Review/Final Regulatory

Flexibility Analysis (RIR/FRFA) prepared for this regulatory amendment

and the Environmental Assessment (EA)/RIR/FRFA prepared for the 1997

Interim Groundfish Observer Program, dated August 27, 1996, may be

obtained from the Sustainable Fisheries Division, Alaska Region, NMFS,

P.O. Box 21668, Juneau, AK 99802; telephone: 907-586-7228. Copies of

the non-codified

[[Page 67756]]

elements of the Observer Program may be obtained also from this

address. 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, DC 20503,

Attn: NOAA Desk Officer.

FOR FURTHER INFORMATION CONTACT: Kim S. Rivera, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

The U.S. groundfish fisheries of the Gulf of Alaska (GOA) and the

Bering Sea and Aleutian Islands management area in the Exclusive

Economic Zone are managed by NMFS under the FMPs. The FMPs were

prepared by the North Pacific Fishery Management Council (Council)

under the Magnuson-Stevens Fishery Conservation and Management Act

(Magnuson-Stevens Act) and are implemented by regulations for the U.S.

fisheries at 50 CFR part 679. General regulations that also pertain to

U.S. fisheries appear at subpart H of 50 CFR part 600.

In 1996, the Council adopted and NMFS implemented the Interim

Groundfish Observer Program. The Interim Groundfish Observer Program

superseded the North Pacific Fisheries Research Plan and extended the

1996 mandatory groundfish observer requirements through 1997, unless

superseded by a long-term program that addresses concerns about

observer data integrity, equitable distribution of observer coverage

costs, and observer compensation and working conditions. NMFS continues

to pursue a long-term solution to concerns about observer morale and

the quality of observer data. NMFS is jointly developing with the

Pacific States Marine Fisheries Commission (PSMFC) an alternative

observer program joint project agreement (JPA) that would address

concerns about observer data integrity and observer compensation and

working conditions. At its June 1997 meeting, the Council supported the

concept of developing such a program. The Council is scheduled to take

final action on this JPA at its February 1998 meeting. Given that this

alternative could not be in place by January 1, 1998, the current

interim program must be extended to assure uninterrupted observer

coverage requirements.

At its June 1997 meeting, the Council unanimously requested NMFS to

extend through 1998 the current interim program, with minor revisions.

A proposed rule to implement the interim program was published in the

Federal Register on September 19, 1997 (62 FR 49198). Background

information on the Interim Groundfish Observer Program may be found in

the preamble to the proposed rule and in the RIR/FRFA prepared for this

action. Comments on the proposed rule were invited through October 20,

1997. Three letters of comments were received. The comments are

summarized and responded to in the Response to Comments section below.

Changes from the Proposed Rule

The following changes from the proposed rule are made in the final

rule.

(1) Proposed regulations at Sec. 679.50(i)(1)(i) exempt observer

contractors certified prior to January 1, 1997, from the requirement to

submit a certification application to NMFS. Comment received on the

proposed rule questioned the situation whereby an observer contractor

previously certified by NMFS but not actively providing observer

services be allowed to perform the duties of an observer contractor

without going through the NMFS certification process again. NMFS did

not intend for this situation to be allowed and revises this final rule

to specify that observer contractors certified prior to January 1,

1998, and providing observer services during 1997, are exempt from the

requirement to submit an application.

(2) At its June 1997 meeting, the Council recommended an adjustment

to the conflict-of-interest standard at Sec. 679.50(h)(2)(i)(A)(4) that

prohibits a person from serving as an observer if that person was

employed in a North Pacific fishery during the previous 12-month

period. The Council recommended a less restrictive standard that would

prohibit an observer from working on any vessel or at any shoreside

processor owned or operated by a person who previously employed the

observer. The proposed regulation at Sec. 679.50(h)(2)(i)(A)(4) is not

necessary, because that the existing regulation at

Sec. 679.50(h)(2)(i)(A)(3) meets the criteria recommended by the

Council. Through oversight, NMFS proposed to revise

Sec. 679.50(h)(2)(i)(A)(4) when actually, it should have proposed

removing it. NMFS removes this regulation at Sec. 679.50(h)(2)(i)(A)(4)

and retains the conflict-of-interest standard at

Sec. 679.50(h)(2)(i)(A)(3) that states that observers may not serve as

observers on any vessel or at any shoreside facility owned or operated

by a person who previously employed the observers.

Regulatory Changes For The 1998 Interim Groundfish Observer Program

After considering the public comments received, NMFS is extending

with some minor revisions the current groundfish observer coverage

requirements and implementing regulations for the Observer Program.

Except for the two changes from the proposed rule noted above, the

other minor revisions were proposed in the proposed rule. The minor

revisions are described below.

1. Extend the effective period of 50 CFR 679.50 through December

31, 1998.

2. Revise the 30-percent observer coverage requirement at

Sec. 679.50(c)(1)(vi) and (vii) to clarify that required coverage is

specific to the gear type, meaning, for example, that observer coverage

obtained for a vessel using hook-and-line gear cannot be used to comply

with observer coverage requirements for the same vessel when it is used

to fish with pot gear.

3. Expand the prohibition at Sec. 679.7(g)(1) to include sexual

harassment and bribery as unlawful interferences with an observer.

4. Remove the conflict-of-interest regulation at

Sec. 679.50(h)(2)(i)(A)(4). The existing conflict-of-interest

regulation at Sec. 679.50(h)(2)(i)(A)(3) that states that observers may

not serve as an observer on any vessel or at any shoreside facility

owned or operated by a person who previously employed the observers,

fully implements the Council's recommendation at its June 1997 meeting

to implement a less restrictive standard than the one at

Sec. 679.50(h)(2)(i)(A)(4).

5. Revise the regulation at Sec. 679.50(i)(1)(i) to indicate that

observer contractors certified prior to January 1, 1998, and that

provided observer services during 1997, are exempt from the requirement

to submit an application for certification.

6. Revise the regulation at Sec. 679.50(i)(2)(xiv)(G) to alleviate

confusion on what information observer contractors currently are

required to submit to NMFS. The revision clarifies that an observer

contractor must submit a completed and unaltered copy of each type of

signed and valid contract an observer contractor has with those

entities required to have observer services. Furthermore, upon NMFS's

request, an observer contractor must submit completed and unaltered

copies of signed and valid contracts that the contractor has with

specific entities. Required copies of contracts must be submitted by

mail or fax. Types of signed and valid contracts include the contracts

an observer contractor has

[[Page 67757]]

with: (a) Vessels required to have 30-percent observer coverage, (b)

vessels required to have 100-percent observer coverage, (c) shoreside

processors required to have 30-percent observer coverage, (d) shoreside

processors required to have 100-percent observer coverage, or (e)

observers (to include contracts for the various compensation or salary

levels of observers, the levels being based on observer experience).

7. Correct an erroneous cross-reference in the regulation at

Sec. 679.50(j)(7)(iv).

Changes to Non-codified Elements Of The Observer Program

Three elements of the 1997 Observer Program were not codified in

regulation: (1) Observer qualifications, (2) observer training/briefing

requirements, and (3) NMFS's selection criteria for observer

contractors. NMFS's selection criteria for observer contractors remain

unchanged. The observer contractor selection criteria were published in

the Federal Register (61 FR 40380, August 2, 1996) and are available

upon request (see ADDRESSES). Observer qualifications and observer

training/briefing requirements are revised with the minor changes that

were proposed in the preamble of the proposed rule. These non-codified

elements will remain in effect until amended or rescinded. Although

they will not be codified, they are viewed as a part of the rule and

NMFS will publish a notification in the Federal Register and provide an

opportunity for public comment prior to proposing future changes to

these elements. The NMFS observer qualifications are as follows:

A. Prospective observers must have a bachelor's degree or higher

from an accredited college or university with a major in one of the

natural sciences.

B. Candidates must have a minimum of 30 semester hours or

equivalent in applicable biological sciences with extensive use of

dichotomous keys in at least one course. Candidates must also have

successfully completed at least one undergraduate course in mathematics

and one in statistics worth a combined total of at least 5 semester

hours. In addition, all applicants are required to have computer skills

that enable them to work competently with standard database software

and computer hardware.

C. Prospective observers are also required to complete successfully

any screening test(s) administered by NMFS. These tests would measure

basic mathematics, algebra, and computer skills as well as other

abilities necessary for successful job performance.

D. If a sufficient number of candidates meeting these educational

prerequisites is not available, the observer contractor may seek

approval from NMFS to substitute individuals with either a senior

standing in an acceptable major, or with an Associate of Arts (A.A.)

degree in fisheries, wildlife science, or an equivalent.

E. If a sufficient number of individuals meeting the above

qualifications is not available, the observer contractor may seek

approval from NMFS to hire individuals with other relevant experience

or training.

F. To qualify for certification, all prospective observers must

undergo safety and cold water survival training that requires the

prospective observers to demonstrate their ability to properly put on

an immersion suit in a specified time period, enter the water, travel

approximately 50 m to a ladder, and climb out of the water.

The additional mathematics, statistics, and computer skills

requirements reflect the increased responsibilities of observers and

are similar to the observer qualifications that would have been

required under the Research Plan, had it been fully implemented.

The NMFS observer training/briefing requirements are as follows:

A. Observers who have completed a deployment must be recertified

prior to another deployment. All observers are required to complete a

4-day briefing prior to their first deployment in any calendar year.

One-day briefings are required prior to subsequent deployments within a

calendar year. Certification following 1- or 4-day briefings will

expire after 1 month if deployment is delayed. Observers who have not

been deployed for 18 months are required to complete a 3-week training

course.

B. If an observer is not deployed within 1 month after completion

of training, the individual must complete a 1-day briefing. If the

observer is not deployed within 3 months after training, the individual

must complete a 4-day briefing. If the observer is not deployed within

6 months after training, the individual must retake the full training

course.

C. Observers may be required to attend an additional 4-day briefing

based upon an evaluation of data collected during their most recent

deployment.

Response to Comments

Comment 1. Previously certified observer contractors that have not

been actively providing observer services should not be allowed to

perform the duties of an observer contractor without going through the

NMFS certification process again.

Response. NMFS agrees. When NMFS promulgated regulations applying

to observer contractor certification (61 FR 56425; November 1, 1996),

the intent was that observer contractors already certified and

providing observer services need not submit certification applications

for 1997. NMFS clarifies this intent in this final rule and revises the

regulation at Sec. 679.50(i)(1)(i) to indicate that observer

contractors certified prior to January 1, 1998, and providing observer

services during 1997, are exempt from submitting an observer contractor

certification application. Observer contractors that were certified

prior to January 1, 1998, but did not provide observer services during

1997 must be recertified.

Comment 2. NMFS should require observer contractors to be

certified on an annual basis such that their performance in providing

observer services can be reviewed periodically. NMFS should also

consider limiting the number of certified observer contractors to the

suite of contractors supplying observers in 1997.

Response. At this time, NMFS declines making major changes to the

observer contractor certification process because they are outside the

scope of this rule. NMFS and the Pacific States Marine Fisheries

Commission (PSMFC) are jointly developing an alternative observer

program JPA that would better ensure the collection of quality observer

data by relying on a third party organization to provide procurement

services for required observer coverage. The observer contractor

certification process will be considered in this JPA between NMFS and

PSMFC as well as contractual arrangements between PSFMC and observer

companies. NMFS believes that an annual review of the performance of

observer contractor companies could be accommodated under this new

infrastructure. The JPA could also include a process to determine what

the optimum number of observer contractor companies may be. At this

time, action by NMFS to revise the certification process would be

premature.

Comment 3. The Association for Professional Observers (APO)

supports the proposed conflict-of-interest standard that states that

observers may not serve as an observer onboard a vessel or plant where

they were previously employed. The previous conflict-of-interest

standard [Sec. 679.50(h)(2)(i)(A)(4)] was far stricter than any

conflict-of-interest standard in

[[Page 67758]]

the United States government or for any Council member.

Response. NMFS concurs in the APO's comment. The conflict-of-

interest standard at Sec. 679.50(h)(2)(i)(A)(4) has been removed. The

less strict standard at Sec. 679.50(h)(2)(i)(A)(3) remains, providing

that observers may not serve as observers on any vessel or at any

shoreside facility owned or operated by a person who previously

employed the observers.

Comment 4. The APO supports the inclusion of sexual harassment and

bribery as unlawful interference with the observer.

Response. NMFS concurs and revises the regulation at

Sec. 679.7(g)(1) accordingly.

Comment 5. The observer coverage levels on vessels fishing with

certain types of gear, such as pots, that experience low bycatch is

unnecessary and costly. NMFS should not revise the 30 percent observer

coverage requirement by quarter and by gear type unless pot gear is

excluded.

Response. NMFS disagrees. The revisions to observer coverage

regulations at Sec. 679.50(c)(1)(vi) and (vii) serve only to clarify

the original intent that the coverage is gear-specific. NMFS

acknowledges that pot fisheries experience relatively low bycatch as

evidenced by the gear-specific observer coverage requirements for

catcher/processors and catcher vessels that are longer than 125 ft

(38.1 m) length overall (LOA). Vessels fishing with pot gear are only

required to have 30 percent observer coverage, while those using other

gear types must have 100 percent coverage [Sec. 679.50(c)(1)(iv)].

Comment 6. The APO understands why NMFS requires observer

contractors to submit specified information. APO does not understand

why certified contractors are allowed to withhold this information from

NMFS. If observers were to withhold required information, observers

have, and would be, decertified. How is it possible that NMFS has never

decertified or suspended an observer contractor in the past 7 years?

Response. NMFS does not allow observer contractors to withhold

required information. Some observer contractors have interpreted the

information submission regulations at Sec. 679.50(i)(2)(xiv)(G)

differently than NMFS intended. That was the impetus for NMFS to revise

the regulations in this final rule, thereby clarifying NMFS's intent.

NMFS acknowledges that the current regulations governing observer

contractor certification do not include a periodic review process to

evaluate the ability of an observer contractor to satisfactorily

perform their responsibilities and duties as required at

Sec. 679.50(i)(2). If NMFS became aware of evidence that an observer

contractor failed to perform the necessary responsibilities and duties,

NMFS would initiate an investigation under the suspension or

decertification procedures.

Comment 7. The proposed requirement that observers have taken at

least one course that used dichotomous keys extensively is ambiguous

and subjective. The current observer requirements are too rigid and

excessive given that observers are the most educated, yet lowest paid

members of the fishing community.

Response. NMFS disagrees. When NMFS reviews observer candidates'

transcripts, a course that used dichotomous keys extensively would be

evidenced by a course in biological taxonomy or in a course description

as provided with the transcript. NMFS observer training staff have

noted that observer candidates with coursework in dichotomous keys are

more successful in the portions of the observer training course where

fish dichotomous keys are used.

Comment 8. The proposed changes that would increase the number of

briefing days also increases the number of days that observers are not

paid for their work. Until observers are paid a decent wage, the number

of required briefing days should not be increased.

Response. NMFS disagrees. Although the proposed number of observer

briefing days required in a 12-month period would increase from 2 to 4

under this rule, the number of observer briefing days required for

subsequent deployments within a calendar year would decrease from 2 to

1. The total number of briefing days would be 4 for the first trip plus

1 for each subsequent deployment, compared to 2 briefing days for each

trip as is currently required. The net change in annual number of

observer briefing days is anticipated to be minimal. For instance, many

observers are deployed twice per year. Under this final rule, they

would be required to have 5 briefing days, as compared to 4 briefing

days under the previous requirements. If an observer is deployed three

times per year, the total number of briefing days would not change.

NMFS believes any additional briefing days and the associated cost are

warranted given the changes to observer sampling requirements and

procedures that necessitate additional observer briefing time. NMFS

does not anticipate that the training base for observers will change

significantly in the near future such that the additional briefing days

would not be necessary. The majority of the current observer contractor

companies do compensate observers to some extent for briefing days.

Comment 9. Currently, if observers have not been deployed for a 2-

year period, they must repeat the complete 3-week training course prior

to being deployed. NMFS has proposed that this time period be reduced

to 18 months. The APO opposes this revised requirement and believes

that the 4-day briefing requirement for an observer who has not worked

recently as an observer is sufficient. APO opposes any increased

provisions affecting the observer until NMFS overhauls the structure of

the observer program. If observers are required to go through training

after 18 months of not observing, this amounts to more volunteer work

on the part of the observer as most companies do not compensate the

observer during training.

Response. NMFS disagrees. New and future programs (e.g., observer

electronic reporting and multispecies CDQ, respectively) will continue

to create additional training requirements for observers, therefore

necessitating additional training time. Given these circumstances, NMFS

can no longer assure the best quality observer data possible if some

observers are not adequately trained in new sampling techniques and

procedures. NMFS believes this change in requirements will affect only

a relatively low number of observers. The best available information

indicates that approximately 5 percent of observers trained and briefed

in 1996 and 1997 had not been deployed during the prior 18-month

period. The majority of the current observer contractor companies do

compensate observers to some extent for training days. Nonetheless,

NMFS believes modified training and briefing requirements are necessary

to address data quality concerns.

Classification

This final rule has been determined to be not significant for

purposes of E.O. 12866.

The changes occurring through this regulatory action are largely

within the scope of issues thoroughly analyzed in the EA/RIR/FRFA for

the 1997 Interim Groundfish Observer Program (61 FR 56425, November 1,

1996). A copy is available from NMFS (see ADDRESSES). That EA/RIR/FRFA

supplements the EA/RIR/FRFA prepared for this action.

NMFS prepared an FRFA, which consists of the EA/RIR/FRFA and the

preambles to the proposed and final rule

[[Page 67759]]

implementing this action. Based on the analysis, it was determined that

this rule could have a significant economic impact on a substantial

number of small entities. A copy of this analysis is available from

NMFS (see ADDRESSES). Observer costs borne by vessels and processors

are based on whether an observer is aboard a vessel 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

required to carry observers (i.e., vessels 60 ft (18.3 mt) LOA and

longer) meet the definition of a small entity under the Regulatory

Flexibilility Act. In 1995, about 270 catcher vessels carried

observers. The FRFA prepared for the 1997 Interim Groundfish Observer

Program describes the degree to which these catcher vessels would be

economically impacted by observer coverage levels. Because this rule

would not implement any changes in required observer coverage levels

and the underlying socioeconomic status of the fishery has remained

stable, the basic observer coverage requirements are not expected to

result in any economic impacts beyond those already analyzed.

Several minor changes are implemented for 1998 under this rule.

First, an observer conflict-of-interest regulation would be removed,

thereby potentially creating increased employment opportunities for

observers. Five observer contractors are likely to be affected by this

rule. All are considered small entities, and none are likely to

experience significant economic impacts. Given that observers are

employees of observer contractors, this change could increase the

economic benefits realized by observer contractors.

Second, although the number of observer briefing days required in a

12-month period would increase from 2 to 4, the number of observer

briefing days required for subsequent deployments within a calendar

year would decrease from 2 to 1. The net change in number of observer

briefing days is anticipated to be minimal. The briefing day costs

(lodging, per diem) are approximately $135-200 per day and are

dependent on the briefing location (Alaska or Washington). The cost is

borne by either the observer or the observer contractor and is

dependent upon the specific employment arrangements between these

entities. The briefing day costs are typically passed on from the

observer or the observer contractor to the vessel or processor that is

required to have the observer coverage. In 1996, 384 observers

(employed by five observer contractors) were briefed for the North

Pacific groundfish fisheries.

Third, additional training days will be required of observers that

have not been deployed for 18 months. Previously, these observers were

required to attend a 4-day briefing. This rule will require they attend

a 3-week training course (15 working days). NMFS believes this change

in requirements will affect only a relatively low number of observers.

The best available information, through October 1997, indicates that

approximately 5 percent of observers trained or briefed in 1996 and

1997 had not been deployed during the past 18-month period. From

January 1996 through October 1997, 1,010 observers were trained or

briefed. The majority of the current observer contractor companies do

compensate observers to some extent for briefing/training days.

Alternatives that addressed modifying reporting requirements for

small entities or the use of performance rather than design standards

for small entities were not considered by the Council or in this

analysis. Such alternatives are not relevant to this action and would

not mitigate the impacts on small entities. Allowing exemptions for

small entities from this proposed action would not be appropriate

because the objective to assure uninterrupted and comprehensive

observer coverage requirements through 1998 could not be achieved if

small entities were exempted.

However, this action does include measures that will minimize the

significant economic impacts of observer coverage requirements on at

lease 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 between 60 ft (18.3 m) and 125 ft (38.1 m) LOA have lower

levels of observer coverage than those for vessels over 125 ft (38.1 m)

LOA. These measures, 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 adversely affecting implementation of the conservation and

management responsibilities imposed by the FMPs and the Magnuson-

Stevens Act.

The EA/RIR/FRFA prepared for the 1997 Interim Groundfish Observer

Program (61 FR 56425, November 1, 1996) included the North Pacific

Fisheries Research Plan (Research Plan) as an alternative. However, the

Research Plan is no longer a viable alternative to the proposed interim

observer program. The political and economic concerns that led the

Council to repeal the Research Plan still exist. Furthermore, fees

collected in 1995 were refunded in early 1996 and, if the Research Plan

were pursued as the preferred alternative, start-up funding would have

to be collected again. Regulations implementing the existing observer

program will expire at the end of 1997. It is not feasible to implement

a fee-based observer program by the end of this year, which would be

necessary to provide observer coverage for the 1998 groundfish

fisheries. The preferred alternative for an interim observer program is

the only option that could be implemented by 1998 so that the

groundfish fisheries could commence without interruption. Since the

repeal of the Research Plan and at the direction of the Council, NMFS

has been developing a long-term alternative program structure to

address the problems identified with the current observer program

structure. The Council is scheduled to take final action at its

February 1998 meeting.

The proposed rule to implement regulatory changes to the Interim

Groundfish Observer Program was published in the Federal Register on

September 19, 1997 (62 FR 49198) and comments were invited on the IFRA.

No comments were received on the IRFA.

This rule contains a revised collection-of-information requirement

subject to the Paperwork Reduction Act (PRA). This collection-of-

information requirement has been approved by the Office of Management

and Budget (OMB) under OMB Control Number 0648-0318. The estimated

current burden for submission of observer contractor information is 15

minutes. The proposed rule requested public comment on this revised

collection-of-information requirement. No comments were received from

OMB or the public.

Public comment is sought regarding: Whether this collection of

information is necessary for the proper performance of the functions of

the agency, including whether the information has practical utility;

the accuracy of the burden estimate; ways to enhance the quality,

utility, and clarity of the information to be collected; and ways to

minimize the burden of the collection of information, including through

the use of automated collection techniques or other forms of

information technology. (See ADDRESSES.)

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

[[Page 67760]]

that collection- of-information displays a currently valid OMB control

number.

Observer coverage provides quality data to monitor the fisheries,

support resource management, and monitor compliance by vessels and

shoreside processors with Federal fisheries regulations. Therefore,

continuation of uninterrupted observer coverage requirements as

intended by NMFS and the Council is essential to the conservation and

management of the fisheries. In addition, insofar as the requirements

of this observer program remain largely unchanged from those in effect

during 1997, the affected public should be familiar with these

requirements and should not need additional time to prepare for their

renewed effectiveness at the beginning of the 1998 fisheries.

Accordingly, for the reasons set forth above, the Assistant

Administrator for Fisheries, NOAA finds for good cause namely, it is

unnecessary and contrary to the public interest to delay the

effectiveness of this rule for 30 days. In order to have no lapse in

coverage, this rule is effective on January 1, 1998.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Reporting and recordkeeping requirements.

Dated: December 22, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR part 679 is 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., 1801 et seq., and 3631 et seq.

2. In Sec. 679.7, paragraph (g)(1) is revised to read as follows:

Sec. 679.7 Prohibitions.

* * * * *

(g) * * *

(1) Forcibly assault, resist, oppose, impede, intimidate, sexually

harass, bribe, or interfere with an observer.

* * * * *

3. In Sec. 679.50, paragraph (h)(2)(i)(A)(4) is removed, paragraph

(h)(2)(i)(A)(5) is redesignated as paragraph (h)(2)(i)(A)(4) and the

section heading, paragraphs (c)(1)(vi) and (vii), (i)(1)(i) and (iii),

introductory text of (i)(2)(xiv), (i)(2)(xiv)(G), and (j)(7)(iv) are

revised to read as follows:

Sec. 679.50 Groundfish Observer Program applicable through December

31, 1998.

* * * * *

(c) * * *

(1) * * *

(vi) A catcher/processor or catcher vessel fishing with hook-and-

line gear that is required to carry an observer under paragraph

(c)(1)(v) of this section must carry an observer during at least one

entire fishing trip using hook-and-line gear in the Eastern Regulatory

Area of the GOA during each calendar quarter in which the vessel

participates in a directed fishery for groundfish in the Eastern

Regulatory Area using hook-and-line gear.

(vii) A catcher/processor or catcher vessel equal to or greater

than 60 ft (18.3 m) LOA fishing with pot gear that participates for

more than 3 fishing days in a directed fishery for groundfish in a

calendar quarter must carry an observer during at least 30 percent of

its fishing days while using pot gear in that calendar quarter and

during at least one entire fishing trip using pot gear in a calendar

quarter for each of the groundfish fishery categories defined under

paragraph (c)(2) of this section in which the vessel participates.

* * * * *

(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 and methods to be used. Observer

contractors certified prior to January 1, 1998, and that have provided

observer services during 1997, are exempt from this requirement to

submit an application and are certified for the term specified in

paragraph (i)(1)(iii) of this section.

(ii) * * *

(iii) Term. Observer contractors will be certified through December

31, 1998. Observer contractors can be decertified or suspended by NMFS

under paragraph (j) of this section.

(2) * * *

(xiv) Providing the following information to the Observer Program

Office by electronic transmission (e-mail), fax, or other method

specified by NMFS.

* * * * *

(G) A completed and unaltered copy of each type of signed and valid

contract (including all attachments, appendices, addendums, and

exhibits incorporated into the contract) an observer contractor has

with those entities requiring observer services under paragraphs (c)

and (d) of this section and with observers. Completed and unaltered

copies of signed and valid contracts with specific entities requiring

observer services or with specific observers must be submitted to the

Observer Program Office upon request. Types of signed and valid

contracts include the contracts an observer contractor has with:

(1) Vessels required to have observer coverage as specified at

paragraphs (c)(1)(i) and (iv) of this section,

(2) Vessels required to have observer coverage as specified at

paragraphs (c)(1)(ii), (v), and (vii) of this section,

(3) Shoreside processors required to have observer coverage as

specified at paragraph (d)(1)(i) of this section,

(4) Shoreside processors required to have observer coverage as

specified at paragraph (d)(1)(ii) of this section,

(5) Observers (to include contracts for the various compensation or

salary levels of observers, the levels being based on observer

experience).

(6) Required copies of contracts must be submitted by mail or faxed

to: NMFS Observer Program Office, 7600 Sandpoint Way Northeast,

Seattle, WA 98115-0070; fax number 206-526-4066.

* * * * *

(j) * * *

(7) * * *

(iv) If the appeals officer grants review based on the written

petition, he or she may request further written explanation from

observers, observer contractors, or the decertifying officer or

suspending officer. The appeals officer will then render a written

decision to affirm, modify, or terminate the suspension or

decertification or return the matter to the suspending or decertifying

official for further findings. The appeals officer must base the

decision on the administrative records compiled under paragraphs (j)(5)

or (j)(6) of this section, as appropriate. The appeals officer will

serve the decision on observers or observer contractors and any

affiliates involved, personally or by certified mail, return receipt

requested, at the last known residence or place of business.

* * * * *

[FR Doc. 97-33892 Filed 12-29-97; 8:45 AM]

BILLING CODE 3510-22-F