[Federal Register Volume 76, Number 77 (Thursday, April 21, 2011)]
[Proposed Rules]
[Pages 22342-22344]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9718]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 110218147-1199-01]
RIN 0648-BA74
National Standard 10 Guidelines
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce
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ACTION: Advance notice of proposed rulemaking; request for comments;
notice of a public meeting.
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SUMMARY: NMFS issues this advance notice of proposed rulemaking (ANPR)
to provide background information and request public comment on
potential adjustments to the National Standard 10 Guidelines.
DATES: Written comments regarding the issues in this ANPR must be
received by 5 p.m., local time, on July 20, 2011. A public meeting to
obtain additional comments on the items discussed in this ANPR will be
held at the NOAA Science Center in Silver Spring, MD, on May 19, 2011
from 1 p.m. to 3 p.m. NMFS may hold additional meetings during the
comment period and will announce those meetings in the Federal
Register.
ADDRESSES: A public meeting will be held on May 19, 2011 from 1 p.m. to
3 p.m. at the NOAA Science Center, 1301 East-West Highway; Silver
Spring, MD 20910.
You may submit comments, identified by ``0648-BA74'', by any one of
the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal: http://www.regulations.gov.
Fax: 301-713-1193, Attn: Debra Lambert.
Mail: Debra Lambert; National Marine Fisheries Service,
NOAA; 1315 East-West Highway, Room 13403; Silver Spring, MD 20910.
Instructions: All comments received are part of the public record
and will generally be posted to http://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publically
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information. NMFS will accept
anonymous comments (enter N/A in the required fields, if you wish to
remain anonymous). You may submit attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Debra Lambert, National Marine
Fisheries Service, 301-713-2341.
SUPPLEMENTARY INFORMATION:
Background
Section 301(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (MSA) contains 10 national standards (NS) with which all
Fishery Management Plans (FMPs) and their amendments and implementing
regulations must be consistent. Section 301(b) of the MSA requires that
``the Secretary establish advisory guidelines (which shall not have the
force and effect of law), based on the national standards to assist in
the development of fishery management plans.'' Conforming to the NS
guidelines (50 CFR part 600, subpart D) when preparing an FMP, FMP
amendment, and regulations is essential to properly addressing the
intentions of Congress when it established and revised the MSA.
The Sustainable Fisheries Act, signed into law in 1996, added
National Standard 10 (NS10) to the MSA (15 U.S.C. 1801 et seq.).
National Standard 10 states: ``Conservation and management measures
shall, to the extent practicable, promote the safety of human life at
sea.'' NMFS published final guidelines for NS10 in 1998 (63 FR 24212;
May 1, 1998). More recently, the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006, added section 303(a)(9)(C)
to the MSA, which states that fishery impact statements shall address
the impact of conservation and management measures and include possible
mitigation measures for ``the safety of human life at sea, including
whether and to what extent such measures may affect the safety of
participants to the fishery.''
Need for Revision
Commercial fishing is one of the most dangerous occupations because
fishing operations are often conducted under poor weather conditions,
high winds, cold temperatures, and on moving platforms that can be
slippery or icy; some gear types can be dangerous to operate; a number
of structural or mechanical problems can arise on vessels; and the work
can be physically straining and lead to fatigue. Recreational fishing,
including the for-hire charter and party-boat segments, can also be a
dangerous activity with participants facing many of the same risks as
commercial participants.
The National Standard 10 Guidelines are the primary source of
guidance for the consideration of safety issues in fishery management
regulations. The current Guidelines are relatively short and have four
main sections with the following elements: (1) A general statement that
fishing is a dangerous occupation and recommendation that Regional
Fishery Management Councils (Councils) reduce safety risks when
developing management measures; an explanation of the qualifying phrase
``to the extent practicable'' in NS10; and an explanation that the
phrase ``safety of human life at sea'' refers to both the safety of a
fishing vessel and the safety of persons aboard the vessel; (2) a list
of safety issues to consider when evaluating management measures; (3) a
recommendation that during the preparation of any FMP, FMP amendment,
or regulation that might affect safety of human life at sea, the
Council should consult with the U.S. Coast Guard and fishing industry
as to the nature and extent of any adverse impact; and (4) a list of
mitigation measures that could be considered when management measures
are developed.
Recent events suggest a need to revise the guidelines for NS10. The
current Guidelines are thirteen years old and fisheries management and
fishing vessel safety science in general has evolved during that time.
NOAA has new fishery management requirements and policies in place, and
the implementation of these measures will lead to changes in the way
fisheries are managed. Major changes in fisheries management that
change the way fishing operations are conducted, including catch share
programs, could impact the safety of fishermen at sea, and those
impacts should be assessed during the management process.
As mentioned above, section 303(a)(9)(C) to the MSA states that
fishery impact statements shall include possible mitigation measures
for ``the safety of human life at sea, including whether and to what
extent such measures may affect the safety of participants to the
fishery.'' This is a relatively new requirement (added by the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act of
2006) and NMFS could provide guidance on addressing this requirement in
the revised National Standard 10 Guidelines.
There are also external factors that point to the need to focus on
safety at sea. The Coast Guard Authorization Act (CGAA) of 2010 was
signed by President Obama on October 15, 2010. Section 604 of the CGAA
builds on requirements set forth in the Commercial Fishing Industry
Vessel Safety Act of 1988, including the following: It authorizes the
U.S. Coast Guard to examine at dockside, at least once every 2 years,
fishing vessels that operate beyond 3 miles to ensure that they meet
safety standards; it authorizes and requires a training program for the
operators of fishing vessels that operate beyond 3 miles; and it
establishes design and construction standards for all new vessels.
Furthermore, the CGAA requires that Alternative Compliance and Safety
Agreement programs be
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developed for certain groups of existing fishing vessels. These new
requirements highlight an emphasis on improving fishing vessel safety.
NMFS will ensure that revisions to the NS10 Guidelines will complement
the new mandates of the CGAA.
The current NS10 Guidelines do not contain any guidance on
analytical methods to evaluate safety. Recent work by the National
Institute for Occupational Safety and Health and the U.S. Coast Guard
has shown that the fishery management process can more explicitly
address safety at sea by analyzing fatalities and calculating fatality
rates for the fishery and understanding the overall trend in fatality
rates. This information can be used in risk assessments to identify
major hazards within a fishery. NMFS could include guidance on the
analytical approaches for addressing safety considerations in the
revised NS10 Guidelines.
For the above reasons, NMFS believes it is appropriate and timely
to revise NS10 Guidelines and is accepting public comments on potential
revisions to the Guidelines. Through the revision of the NS10
Guidelines, NMFS intends to enhance consideration of safety issues in
fisheries management.
Public Comments
To help determine the scope of issues to be addressed and to
identify significant issues related to this action, NMFS is soliciting
written comments on this ANPR and will hold a public meeting at the
NOAA Science Center in Silver Spring, MD, on May 19, 2011 from 1 p.m.
to 3 p.m. NMFS may hold additional public meetings during the comment
period and will announce those meetings in the Federal Register. The
public is encouraged to submit comments related to the specific ideas
mentioned in this ANPR. NMFS is also seeking additional ideas and
solutions to improve safety at sea and the NS10 Guidelines. All written
comments received by the due date will be considered in drafting
proposed revisions to the NS10 Guidelines.
Issues Under Consideration
In considering potential revisions to the NS10 Guidelines, NMFS has
identified the following list of issues related to safety of human life
at sea. NMFS seeks public comment on the scope of this ANPR generally
and the potential for guidance on the following fisheries safety
issues.
1. Assembling Fatality, Injury, and Vessel Loss Information:
Establishing guidance on how to assemble and analyze data on fatalities
and injuries for each Federal fishery using information from NMFS's
National Observer Program, U.S. Coast Guard investigations, U.S. Coast
Guard's Marine Information and Safety and Law Enforcement database
system, and National Institute for Occupational Safety and Health data.
2. Developing Fatality, Injury, and Vessel Loss Rates: Establishing
guidance on how to estimate workforce for each Federal fishery in order
to calculate fatality and injury rates. By combining fatality and non-
fatal injury information with workforce estimates, injury, fatality,
and vessel loss rates can be calculated to identify trends over time.
3. Evaluating Risks: Establishing general guidance on how to
conduct fishery specific risk assessments, which can help identify
major safety hazards within a fishery. The frequency for conducting
such assessments will also be explored.
4. Safety Considerations and Mitigation Measures: Risk assessments
may identify that fishery conservation and management measures are
needed and appropriate to improve safety at sea. The current NS10
Guidelines contain three safety considerations (operating environment,
gear and vessel loading requirements, and limited season and area
fisheries) and eight mitigation measures to consider when developing
management measures (see 50 CFR 600.355 paragraphs (c) and (d)). NMFS
seeks comments on these sections and, if appropriate, additional safety
considerations and mitigation measures that could be added to the
Guidelines. For example, NMFS could consider how fishery management
measures can better complement and reinforce U.S. Coast Guard safety
regulations. In addition, where regulations currently restrict vessel
upgrades or replacement, mitigation measures could include allowing for
vessel replacement in a fleet so that older vessels can be replaced
with newer and safer vessels. Other potential mitigation measures could
include eliminating or reducing penalties for cutting fishing trips
short due to weather or other conditions and extending fishing seasons
to allow for quotas to be reached.
5. Recreational Fisheries: NMFS welcomes information about safety
issues in both the private recreational and the recreational for-hire
components of recreational fisheries and suggestions on how to address
them.
6. Establishing a Safety Committee: The current NS10 Guidelines (50
CFR 600.355 paragraph (d)) recommend that Councils consult with the
U.S. Coast Guard and the fishing industry during the development of
management measures that might affect the safety of human life at sea.
NMFS welcomes comments on this guidance and if improvements to the
consultation process are necessary. For example, NMFS could recommend
that Councils and the Secretary of Commerce (Secretary), as
appropriate, establish a Safety Committee or Safety Advisory Panel that
regularly reports on ongoing activities to reduce injuries, fatalities,
and vessel losses within their jurisdiction. U.S. Coast Guard
personnel, NMFS National Observer Program personnel, and state
enforcement officers would be encouraged to participate on such
committees and/or panels.
7. Stock Assessment and Fishery Evaluation Reports: Establishing
guidance for the type of safety information to include in Stock
Assessment and Fishery Evaluation (SAFE) reports. The National Standard
2 Guidelines state that safety information should be summarized in SAFE
reports. SAFE reports provide Councils and the Secretary with important
scientific information needed for management purposes and different
types of safety information could be added to these reports to better
inform the Councils and the Secretary.
8. Fishery Impact Statements: Establishing guidance for addressing
safety issues in fishery impact statements, as required by the MSA.
Fishery impact statements are supposed to address the impact of
conservation and management measures and include possible mitigation
measures for ``the safety of human life at sea, including whether and
to what extent such measures may affect the safety of participants to
the fishery'' (MSA section 303(a)(9)(C)).
Special Accommodations
The public meeting to be held at the NOAA Science Center on May 19,
2011 from 1 p.m. to 3 p.m. will be accessible to people with physical
disabilities. Request for sign language interpretation or other
auxiliary aids should be directed to Debra Lambert (301-713-2341), by
May 5, 2011.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 15, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011-9718 Filed 4-20-11; 8:45 am]
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