Proposed Rule2021-23261
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pink Shrimp and Midwater Trawl Exemptions to Vessel Monitoring System Requirements for the West Coast Groundfish Fishery
Primary source
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Published
October 26, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes revisions to monitoring provisions that specify exemptions for non-groundfish trawl vessels participating in the Pacific coast pink shrimp fishery and for groundfish midwater trawl vessels. In a final rule on vessel movement, monitoring, and declaration management for the Pacific coast groundfish fishery published on June 11, 2020, vessels in the pink shrimp trawl fishery were incorrectly included with other open access non-groundfish trawl vessels that became subject to a higher position transmission rate on their NMFS type-approved vessel monitoring system (VMS) units. This proposed rule would correct the error and return the required transmission rate for vessels in the pink shrimp trawl fishery to once every 60 minutes, as recommended by the Pacific Fishery Management Council. This proposed rule would also correct a citation error in the VMS regulations with regards to exemptions for midwater trawl vessels, as well as a typographical error in the trawl fishery prohibitions.
Full Text
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<title>Federal Register, Volume 86 Issue 204 (Tuesday, October 26, 2021)</title>
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[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Proposed Rules]
[Pages 59109-59111]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23261]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 211020-0214]
RIN 0648-BK73
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pink Shrimp and Midwater Trawl
Exemptions to Vessel Monitoring System Requirements for the West Coast
Groundfish Fishery
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 revisions to monitoring provisions that specify
exemptions for non-groundfish trawl vessels participating in the
Pacific coast pink shrimp fishery and for groundfish midwater trawl
vessels. In a final rule on vessel movement, monitoring, and
declaration management for the Pacific coast groundfish fishery
published on June 11, 2020, vessels in the pink shrimp trawl fishery
were incorrectly included with other open access non-groundfish trawl
vessels that became subject to a higher position transmission rate on
their NMFS type-approved vessel monitoring system (VMS) units. This
proposed rule would correct the error and return the required
transmission rate for vessels in the pink shrimp trawl fishery to once
every 60 minutes, as recommended by the Pacific Fishery Management
Council. This proposed rule would also correct a citation error in the
VMS regulations with regards to exemptions for midwater trawl vessels,
as well as a typographical error in the trawl fishery prohibitions.
DATES: Comments on this proposed rule must be received on or before
November 26, 2021.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2021-0085, by
any of the following methods:
<bullet> 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-2021-0085 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the comment period ends. All comments received are a part of the public
record and NMFS will post the comments 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 is publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Copies of the analytic document supporting this action, are
available via the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>, docket NOAA-NMFS-2021-0085, or by contacting the
Pacific Fishery Management Council, 7700 NE
[[Page 59110]]
Ambassador Place, Suite 101, Portland, OR 97220-1384.
FOR FURTHER INFORMATION CONTACT: Matt Dunlap, Fishery Policy Analyst,
206-526-6019, or <a href="/cdn-cgi/l/email-protection#2e434f5a5a464b59004a5b40424f5e6e40414f4f00494158"><span class="__cf_email__" data-cfemail="54393520203c31237a30213a383524143a3b35357a333b22">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On June 11, 2020, NMFS published a final rule on vessel movement,
monitoring, and declaration management that revised reporting and
monitoring provisions for vessels participating in the Pacific coast
groundfish fishery (85 FR 35594). The rule increased the vessel
position frequency to increase NMFS's ability to enforce fishing
activity around restricted areas. The rule required an increase in the
position transmission rate from once every 60 minutes to once every 15
minutes for groundfish vessels using NMFS type-approved VMS units. This
increase in frequency produces more course, location, and speed data to
improve NMFS's ability to identify whether vessels are continuously
transiting in restricted areas or not. While the Pacific Fishery
Management Council (Council) discussed and recommended an exemption to
the increased transmission rate for vessels fishing in the pink shrimp
trawl fishery because this fishery is not currently subject to
restricted fishing areas, the exemption for pink shrimp trawl vessels
was inadvertently not included in the original proposed or final rule.
This proposed rule would add the exemption to the increased ping rate
for pink shrimp trawl vessels, as well as correct a citation error in
the midwater trawl exemption paragraph at 50 CFR 660.14(d)(3)(ii)(B)
and correct a typographical error in the prohibitions section of the
trawl fishery regulations at 50 CFR 660.112(b)(1)(x).
Between September 2014 and April 2016, the Council developed and
considered management measures to address a range of vessel and gear
movement issues and aggregated these issues under a single vessel
movement monitoring agenda item. Additional details about the Council's
considerations are included in the Council's analytical document (see
ADDRESSES). The Council's public scoping document includes several
references to making an exemption for the increase in ping rate for
pink shrimp trawl vessels, specifically in Section 1.5.6.
The Council noted that the pink shrimp fishery is currently
required to maintain a VMS unit at a ping rate of one per hour;
however, there are no closed areas for the pink shrimp trawl fishery. A
vessel is required to declare the type of gear being used for each trip
so enforcement can verify that the vessel is authorized to fish in the
Rockfish Conservation Area. Therefore the Council decided that
additional monitoring for vessels participating in the pink shrimp
trawl fishery is not necessary.
Summary of the Proposed Changes
This section discusses the regulatory revisions proposed by this
rule that are expected to carry out the Council's recommendation. The
proposed measures would:
<bullet> Restore the position transmission rate requirement of once
every 60 minutes for vessels participating in the pink shrimp trawl
fishery;
<bullet> Correct a citation in the ping rate exemption for midwater
trawl fishing vessels; and
<bullet> Correct a typographical error in the prohibitions section
of the trawl fishery regulations.
These proposed revisions would relieve vessels participating in the
pink shrimp fishery from the added burden of more frequent position
transmissions, consistent with the Council's recommendation and would
clarify a cross-citation from the previous rulemaking on this issue.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a preliminary determination that
this proposed rule is consistent with the Pacific Coast Groundfish
Fishery Management Plan (FMP), other provisions of the Magnuson-Stevens
Act, and other applicable law. In making the final determination, NMFS
will consider the data, views, and comments received during the public
comment period.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866. As this rule is correcting an
oversight in an earlier rule and would result in no change to the
status quo for regulated entities, there are not expected to be any
economic or regulatory impacts on these entities.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
Approximately 100 vessels would be impacted by this rule, all of whom
would be considered small according to the size standard for commercial
fishing businesses, with a median vessel revenue of $305,000. Because
all directly regulated entities are small, these proposed regulations
would not be expected to place small entities at a significant
disadvantage to large entities. This action would also not be expected
to significantly reduce profit or result in any change from the status
quo for the approximately 100 vessels impacted by the rule. As a
result, an initial regulatory flexibility analysis is not required and
none has been prepared.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: October 20, 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
proposed to be 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. 660.14, revise paragraph (d)(3)(ii)(B) and add paragraph
(d)(3)(ii)(D) to read as follows:
Sec. 660.14 Vessel Monitoring System (VMS) requirements.
* * * * *
(d) * * *
(3) * * *
(ii) * * *
(B) Midwater trawl exemption. If a limited entry trawl vessel is
fishing with midwater trawl gear under declarations in Sec.
660.13(d)(4)(iv)(A), the mobile transceiver unit must transmit a signal
at least once every hour.
* * * * *
[[Page 59111]]
(D) Pink shrimp trawl exemption. If a vessel is fishing for pink
shrimp using non-groundfish trawl gear under declarations in Sec.
660.13(d)(4)(iv)(A), the mobile transceiver unit must transmit a signal
at least once every hour.
* * * * *
0
3. In Sec. 660.112, revise paragraph (b)(1)(x) to read as follows:
Sec. 660.112 Trawl fishery--prohibitions.
* * * * *
(b) * * *
(1) * * *
(x) Use midwater groundfish trawl gear outside the Pacific whiting
IFQ fishery primary season dates as specified at Sec. 660.131(b).
* * * * *
[FR Doc. 2021-23261 Filed 10-25-21; 8:45 am]
BILLING CODE 3510-22-P
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