FR 2020-29269

The recent notice from the National Oceanic and Atmospheric Administration (NOAA) under the Department of Commerce invites public feedback on an information collection initiative concerning observer programs for processing vessels working in the Pacific Coast groundfish fishery. This measure aims to ensure comprehensive data gathering by observers essential for the monitoring of fishing activities and effective resource management to prevent overfishing, as mandated by the Magnuson-Stevens Act. Public comments are encouraged before March 8, 2021, to better assess the necessity, efficiency, and the burden these data collection requirements may impose.

Summary of the Document

The document outlines a proposal for data collection, explaining that both electronic and paper forms along with interviews and phone calls will be utilized to gather information from various stakeholders in the fishery sector. NMFS, via federal regulations, mandates observer coverage on these vessels to collect necessary data for effective fishery management and compliance with legal requirements, ensuring sustainable fishing practices and the protection of endangered species.

Notable Issues and Concerns

One of the key concerns is the absence of a detailed process or criteria for the selection of third-party observer provider companies. This lack of transparency may raise questions about possible favoritism or inequitable practices in provider selection, which are critical when impartiality and efficient operation are necessary.

The document suggests an assumption that the associated technologies for reporting are already owned by the respondents, leading to an estimated public cost of $0. This assumption could overlook financially strained stakeholders who may not have access to such technologies, potentially resulting in unanticipated costs.

While estimates for the required time per task are provided, the justification appears lacking. The time allocated for certain tasks might seem overly optimistic and may not reflect the realistic time demanded from stakeholders, contributing to concerns regarding the accuracy of these projections.

Additionally, there is no mention of any penalties for non-compliance, despite the mandatory nature of these obligations. Stakeholders may find this lack of clarity concerning potential consequences troubling, as it leaves room for uncertainty in the event of non-compliance.

The complex regulatory language present in certain sections of the document, especially in supplementary information, can pose comprehension challenges for stakeholders lacking a legal background, creating potential barriers to effective public engagement.

Broad Public Impact

For the general public, this initiative represents an effort to enhance the sustainability of fishing practices on the Pacific Coast, ultimately aiming to conserve marine ecosystems and maintain fish populations. The comprehensive data collection helps inform policy decisions and ensures that resource management aligns with national and environmental interests.

Impact on Specific Stakeholders

Fishing vessels and observer provider companies are the primary stakeholders impacted by this notice. For observer companies, clarity in selection criteria and the time required to meet compliance standards is mandatory for efficient operations. Similarly, fishing vessels must navigate these regulations, balance compliance with daily operations, and ensure adherence to avoid potential penalties.

On a positive note, the outlined initiative underscores a commitment to sustainable practices, which may instigate enhanced support and trust from local communities reliant on fisheries for economic and cultural sustenance. However, inadequate attention to the technical and financial readiness of stakeholders might hinder smooth implementation and compliance.

By addressing key concerns surrounding transparency, estimation of burdens, and communication clarity, NOAA could improve the efficacy and reception of this program, aiding stakeholders in contributing to and benefiting from environmentally sustainable fishing activities.

The documented notice under the Paperwork Reduction Act involves an assessment associated with the National Oceanic & Atmospheric Administration's (NOAA) observer program for at-sea processing vessels in the Pacific Coast Groundfish Fishery. Within this assessment, there is a notable financial consideration stating that the estimated total annual cost to the public is $0 for capital costs. This is assuming that the involved observer and catch monitor providers already have the necessary technological infrastructure in place, including a computer system with email capacity and a telephone for toll-free calls.

Financial Assumptions and Public Costs

The declared annual cost of $0 highlights the presumption that entities engaging in the observer program—namely the five observer/catch monitor providers and the fishing vessels—have existing resources to handle the program's communication necessities. This includes presumed ownership of computers and telephones capable of fulfilling related tasks without additional financial burden.

Issues Related to Financial References

An identified issue with this financial assumption is its broad application without consideration of varying circumstances. While asserting no additional cost, this presumption might not accurately reflect every participant's situation. Some providers or vessels may need to acquire or upgrade technology to meet the requirements, impacting the true financial cost to these stakeholders.

Furthermore, while the document estimates minimal time per task, a lack of detailed reasoning for these estimates raises concern. The implication is that minimal time translates to minimal cost, which may not hold true if any technological investment or additional administrative work becomes necessary.

In summary, while the document describes no new financial outlays for the public, the assumptions underlying this conclusion could overlook essential real-world considerations impacting observer program participants. As such, this financial aspect may require further clarification to ensure comprehensive understanding and transparency for all involved parties.