Rule2021-21754
Fisheries Off West Coast States; Effective Dates of West Coast Groundfish Electronic Monitoring Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 6, 2021
Effective
October 6, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This interim final rule revises regulations to delay implementation of the Electronic Monitoring (EM) Program for the West Coast Groundfish Trawl Rationalization Program. This action will delay implementation of the EM program until at least January 1, 2024. This change will provide additional time for industry and prospective service providers to prepare for implementation. The change is expected to strengthen Pacific Fishery Management Council and industry support for the EM program and may increase participation when the EM program is implemented.
Full Text
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<title>Federal Register, Volume 86 Issue 191 (Wednesday, October 6, 2021)</title>
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[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Rules and Regulations]
[Pages 55525-55527]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21754]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 210930-0203]
RIN 0648-BK80
Fisheries Off West Coast States; Effective Dates of West Coast
Groundfish Electronic Monitoring Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule; request for comments.
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SUMMARY: This interim final rule revises regulations to delay
implementation of the Electronic Monitoring (EM) Program for the West
Coast Groundfish Trawl Rationalization Program. This action will delay
implementation of the EM
[[Page 55526]]
program until at least January 1, 2024. This change will provide
additional time for industry and prospective service providers to
prepare for implementation. The change is expected to strengthen
Pacific Fishery Management Council and industry support for the EM
program and may increase participation when the EM program is
implemented.
DATES: Effective October 6, 2021 Comments must be received by November
5, 2021.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2021-0089 by any of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal.
Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2021-0089 in
the Search box, click the ``Comment'' icon, complete the required
fields, and enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic Access
This interim final rule is accessible at the Office of the Federal
Register website at <a href="https://www.federalregister.gov">https://www.federalregister.gov</a>. Background
information and documents are available at the NMFS West Coast Region
website at: <a href="https://www.fisheries.noaa.gov/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a> and at the
Pacific Fishery Management Council's website at <a href="http://www.pcouncil.org/groundfish/fishery-management-plan/groundfish-amendments-in-development/">http://www.pcouncil.org/groundfish/fishery-management-plan/groundfish-amendments-in-development/</a>.
FOR FURTHER INFORMATION CONTACT: Colin Sayre, phone: 206-526-4656, or
email: <a href="/cdn-cgi/l/email-protection#73101c1f1a1d5d00120a0116331d1c12125d141c05"><span class="__cf_email__" data-cfemail="60030f0c090e4e1301191205200e0f01014e070f16">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On June 28, 2019 (84 FR 31146), at the recommendation of the
Pacific Coast Fishery Management Council (Council), NMFS published a
final rule that authorized the use of EM in place of human observers to
meet requirements for 100-percent at-sea monitoring for catcher vessels
in the groundfish trawl catch share fishery (Trawl Rationalization
Program). EM video systems are used to record catch and discards by the
vessel crew while at sea. Vessel operators are responsible for
recording catch and discards in a logbook, which is then used to debit
individual fishing quota (IFQ) accounts and cooperative allocations.
After an EM vessel completes a fishing trip, the vessel operator
submits the video data to their third-party EM service provider for
analysis to be used to audit the vessel operator's self-reported
discard logbooks. The June 2019 final rule established requirements for
vessel owners and operators and EM service providers participating in
the EM program, and for first receivers receiving catch from EM trips.
The June 2019 rule had an implementation date of January 1, 2021.
At its June 2020 meeting, the Council recommended a delay in
program implementation until January 1, 2022. The Council wanted to
provide more time for industry and the Pacific States Marine Fisheries
Commission (PSMFC) to develop a model for industry to fund PSMFC for
review of video from their fishing trips. NMFS published a subsequent
proposed rule (85 FR 53313; August 28, 2020) and final rule (85 FR
74614; November 23, 2020) that delayed implementation of the EM program
until January 1, 2022 to provide additional time for industry and
prospective service providers to prepare for implementation. PSMFC has
been reviewing video data from the experimental EM Exempted Fishing
Permit (EFP) program, funded by NMFS, since 2015. The Council
recommended this delay, and NMFS implemented it, in order to increase
industry buy-in and for success of the EM program at reducing
monitoring costs for the fishery.
At the June 2021 meeting, the Council discussed delaying
implementation of all EM program regulations until at least January 1,
2023. The Council and the industry have expressed interest in
developing a mechanism for the industry to fund video review and
storage by PSMFC, and reducing concerns regarding confidentiality and
Federal record retention. The Council subsequently transmitted a letter
to NMFS recommending a delay in implementation of the EM program
regulations and extending the EM EFPs. At its September 2021 meeting,
the Council made a final recommendation that the EM program be delayed
until January 2024 at the earliest. NMFS is implementing this
recommendation through this interim final rule.
NMFS has already received applications from prospective companies
interested in obtaining an EM service provider permit for 2022. NMFS
intends to consider any permit applications already received when the
permanent program begins. Any applications for EM service provider
permits or EM Authorizations received by NMFS prior to October 6, 2021
will be considered for future approval when the EM program becomes
effective. When reviewing these applications, NMFS will issue a
determination on whether it is necessary for applicants to submit
updated or additional application materials.
Summary of Regulations
This action amends Sec. 660.603(b), which describes EM provider
permits and responsibilities, and Sec. 660.604(e), which describes
vessel and first receiver responsibilities. This interim final rule
removes the specific dates by which NMFS will begin accepting EM
service provider and EM Authorization permit applications for the 2022
fishing year. These dates were, respectively, May 1, 2021, and
September 1, 2021. This rule will instead create a notification
provision through which NMFS will provide public notice at least 90
days prior to the date on which it would begin accepting initial
applications. As noted above, NMFS has already received several EM
service provider permit applications and will consider and review these
applications, in addition to any new applications, when the program is
fully implemented. Upon review NMFS will make a determination regarding
the status of each application and may request updated or additional
information as necessary.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this interim final
rule is consistent with the Pacific Coast Groundfish Fishery Management
Plan, other provisions of the Magnuson-Stevens Act, and other
applicable law.
The Assistant Administrator for Fisheries finds that, pursuant to 5
U.S.C. 553(b)(3)(B), there is good cause to waive prior notice and an
opportunity for public comment on this action, as notice and comment
would be impracticable, unnecessary, or contrary to the public
interest. Under this section, an agency, upon finding good cause, may
issue a final rule without seeking comment prior to the
[[Page 55527]]
rulemaking. This action has critical timing needs. The regulatory
changes under this action must be in place prior to January 1, 2022,
which is the current effective date of EM program regulatory
requirements. If these changes are not in place before that date, NMFS
would need to expend limited agency resources to temporarily implement
the program (i.e., process, review and issue permits) until the
rulemaking is completed. Additionally, the regulatory changes under
this action must be published in advance of the January 1, 2022
effective date to ensure sufficient time to notify EM service providers
and vessels potentially seeking to submit applications for EM
authorizations for the 2022 fishing year about changes to the program.
This advance notice will allow the EM service providers and vessels to
better plan for the 2022 fishing year and avoid them committing time
and resources to a program that will be delayed for at least two years.
This action would change the effective date until such time as
determined appropriate by NMFS and the Council to fully implement the
EM program, no earlier than January 1, 2024. For these reasons, NMFS
finds good cause exists to issue this interim final rule without
advance notice in a proposed rule or an opportunity for public comment
on this action. For the same reasons, NMFS also finds good cause,
pursuant to 5 U.S.C. 553(d)(3), to waive the 30-day delay in the date
of effectiveness, so that this interim final rule may become effective
upon publication in the Federal Register.
Although NMFS is waiving prior notice and opportunity for public
comment, we are requesting comments on this interim final rule until
November 5, 2021. NMFS encourages the public to participate in this
rulemaking by submitting comments containing relevant information,
data, or views. This interim final rule may be amended based on
comments received. Please see ADDRESSES for more information on the
ways to submit comments.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
This final rule does not contain a change to a collection of
information requirement for purposes of the Paperwork Reduction Act of
1995. The existing collection of information requirements would
continue to apply under the following OMB Control Number(s): 0648-0785,
West Coast Region Groundfish Trawl Fishery Electronic Monitoring
Program.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian Fisheries.
Dated: September 30, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C 7001 et seq.
0
2. In Sec. 660.603, revise paragraph (b) introductory text to read as
follows:
Sec. 660.603 Electronic monitoring provider permits and
responsibilities.
* * * * *
(b) Provider permits. To be an EM service provider, a person must
obtain an EM service provider permit and endorsement by submitting an
application to the NMFS West Coast Region Fisheries Permit Office. NMFS
will issue a public notice at least 90 calendar days prior to when it
will begin accepting applications for EM service provider permits for
the first year of the Program. A person may meet some requirements of
this section through a partnership or subcontract with another entity,
in which case the application for an EM service provider permit must
include information about the partnership. Once NMFS begins accepting
applications, if a new EM service provider, or an existing EM service
provider seeking to deploy a new EMS or software version, submits an
application by June 1, NMFS will issue a new permit by January 1 of the
following calendar year. Applications submitted after June 1 will be
processed as soon as practicable. NMFS will only process complete
applications. Additional endorsements to provide observer or catch
monitor services may be obtained under Sec. 660.18.
* * * * *
0
3. In Sec. 660.604 revise paragraph (e) introductory text to read as
follows:
Sec. 660.604 Vessel and first receiver responsibilities.
* * * * *
(e) Electronic Monitoring Authorization. To obtain an EM
Authorization, a vessel owner must submit an initial application to the
NMFS West Coast Region Fisheries Permit Office, and then a final
application that includes an EM system certification and a vessel
monitoring plan (VMP). NMFS will only review complete applications.
NMFS will issue a public notice at least 90 calendar days prior to when
it will begin accepting applications for EM Authorizations for the
first year of the Program. Once NMFS begins accepting applications,
vessel owners that want to have their EM Authorizations effective for
January 1 of the following calendar year must submit their complete
application to NMFS by October 1. Vessel owners that want to have their
EM Authorizations effective for May 15 must submit their complete
application to NMFS by February 15 of the same year.
* * * * *
[FR Doc. 2021-21754 Filed 10-5-21; 8:45 am]
BILLING CODE 3510-22-P
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