Proposed Rule2022-14295
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Non-trawl Logbook
Primary source
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Published
July 5, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This proposed rule would create a federal requirement for certain vessels in the Pacific Coast Groundfish fishery target fishing for groundfish with non-trawl gear in federal waters off the coasts of California, Oregon, and Washington, to complete and submit a non-trawl logbook to NMFS via an electronic application. Specifically, this non- trawl logbook requirement would apply to vessels participating in the directed open access and limited entry fixed gear sectors, as well as those vessels that fish with non-trawl gear in the Shorebased Individual Fishing Quota Program. The intent of this requirement is to collect valuable fishery-dependent information in non-trawl sectors with partial observer coverage, which would help better inform management of these fisheries.
Full Text
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<title>Federal Register, Volume 87 Issue 127 (Tuesday, July 5, 2022)</title>
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[Federal Register Volume 87, Number 127 (Tuesday, July 5, 2022)]
[Proposed Rules]
[Pages 39792-39797]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14295]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 220629-0145]
RIN 0648-BK81
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Non-trawl Logbook
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would create a federal requirement for
certain vessels in the Pacific Coast Groundfish fishery target fishing
for groundfish with non-trawl gear in federal waters off the coasts of
California, Oregon, and Washington, to complete and submit a non-trawl
logbook to NMFS via an electronic application. Specifically, this non-
trawl logbook requirement would apply to vessels participating in the
directed open access and limited entry fixed gear sectors, as well as
those
[[Page 39793]]
vessels that fish with non-trawl gear in the Shorebased Individual
Fishing Quota Program. The intent of this requirement is to collect
valuable fishery-dependent information in non-trawl sectors with
partial observer coverage, which would help better inform management of
these fisheries.
DATES: Comments must be received by August 4, 2022.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2022-0035, by
the following method:
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-2022-0035 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 individual, or received after the
comment period ends. All comments received are a part of the public
record and NMFS will post 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).
FOR FURTHER INFORMATION CONTACT: Lynn Massey, phone: 562-436-2462, or
email: <a href="/cdn-cgi/l/email-protection#5a3623343474373b29293f231a34353b3b743d352c"><span class="__cf_email__" data-cfemail="0c6075626222616d7f7f69754c62636d6d226b637a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The commercial non-tribal groundfish fisheries off the West Coast
include vessels using a variety of gear types in permitted (limited
entry) and non-permitted (open access (OA)) sectors. Within the limited
entry sector, some permits have fixed gear endorsements (i.e., bottom
longline and/or pot gear). Some of these fixed gear-endorsed permits
also carry a sablefish endorsement, which allows the vessel registered
to the permit to participate in the limited entry fixed gear (LEFG)
sablefish primary fishery and limited entry trip limit fisheries. Other
permits may have a trawl endorsement, which can be used with either
trawl gear or with fixed gear in the Shorebased Individual Fishing
Quota (IFQ) Program. These vessels are often referred to as ``gear
switchers.'' The non-permitted, or OA fishery, is comprised of vessels
catching and retaining groundfish using a variety of fishing
strategies. Some participating vessels have the primary intent of
catching groundfish (i.e., directed OA), while other vessels have the
primary intent of catching a species other than groundfish, but in the
process retain groundfish caught incidentally as an additional value
for the fishing trip (i.e., incidental OA).
During the June 2008 Pacific Fishery Management Council (Council)
meeting, for the 2009-2010 Groundfish Harvest Specifications and
Management Measures action, the Council recommended that NMFS initiate
rulemaking for a mandatory logbook requirement for the limited entry
and OA fixed gear fishing fleets. Comparatively, the groundfish trawl
fisheries have been subject to state logbook requirements since the
late 1980s, and more recently, a federal logbook requirement was
implemented for catcher vessels using trawl gear off California in the
Pacific Coast Groundfish fishery (84 FR 32096; July 5, 2019). In the
proposed rule for the 2009-2010 harvest specifications (73 FR 80516;
December 31, 2008), NMFS determined that development and implementation
of a federal logbook system for the limited entry and OA fixed gear
fishing fleets would take more time than was available for that
rulemaking, and stated it would be under consideration for
implementation in the future (pp 80538).
Similar to the trawl logbook, a fixed gear logbook has broad
applicability and utility for the management of the OA, LEFG, and
Shorebased IFQ gear switching commercial groundfish fisheries. Data
collected in a logbook for fixed gear vessels would contribute to stock
assessments, inform managers about location-specific catch and discards
on non-observed trips and vessels, support economic analysis, and
provide information to quantify groundfish fishery effort to allow more
precise estimation of bycatch of Endangered Species Act (ESA) listed
species, such as seabirds and humpback whales. In addition,
implementation of a logbook for fixed gear vessels is a term and
condition implementing Reasonable and Prudent Measure 4 of the 2017
Biological Opinion regarding the effects of the continued operation of
the Pacific Coast Groundfish Fishery on ESA listed seabirds (FWS
O1EOFWOO-2017-F-03 16). The ESA Workgroup has recommended a fixed gear
logbook numerous times (see the ESA Workgroup reports on the Council's
website (<a href="http://pcouncil.org">pcouncil.org</a>) for the June 2015, April 2017, June 2021
meetings). Finally, a logbook for the OA, LEFG, and Shorebased IFQ gear
switching fisheries would provide vital area-specific catch information
to support future actions under consideration by the Council, such as
opening up areas of the non-trawl Rockfish Conservation Area (NT-RCA).
Considering that it has been several years since the Council's
recommendation on this action and that aspects of the relevant fishery
sectors have changed since then, NMFS requested additional guidance on
the Council's intended scope for this action at the September 2021
meeting. First, NMFS asked the Council for clarification on whether it
intended for the logbook requirement to apply to both the directed and
incidental OA sectors, or only the directed OA sector. The reason for
this request for clarification was to confirm whether the Council
intended for the logbook to be submitted by non-groundfish fisheries
that land groundfish incidentally under OA trip limits (e.g., the
salmon troll fishery). Second, NMFS asked the Council to clarify
whether it intended the logbook to apply to the ``non-trawl'' fleets as
opposed to the ``fixed gear'' fleets; although the terms are sometimes
used interchangeably and may include many of the same gear types (e.g.,
pot gear), they do not include all of the same gear types (e.g., troll
gear is non-trawl gear, but is not fixed gear). In 2008, the Council
used the term ``fixed gear'' in its recommendation. The reason for this
clarification request is that the Council has recently expressed
interest in collecting logbook information on non-trawl gears that do
not meet the regulatory definition of fixed gear (see Sec. 660.11),
namely troll gear. In addition, non-trawl gear types that are not fixed
gears are being contemplated by the Council for legal use inside the
NT-RCA, and the Council has indicated that any vessel authorized to
fish inside the NT-RCA should be required to fill out a logbook.
In response to NMFS' request for clarification, at its March 2022
meeting, the Council made a final recommendation on the logbook that
clarified the following:
<bullet> The logbook requirement would apply to the more inclusive
``non-trawl'' groundfish fleets as opposed to the ``fixed gear''
groundfish fleets.
<bullet> Vessels using non-trawl gear in the following fishery
sectors would be required to submit the federal logbook to NMFS:
[cir] Directed open access for groundfish (not incidental open
access for groundfish)
[cir] LEFG Primary Sablefish
[cir] LEFG trip limit
[cir] Vessels using non-trawl gear in the Shorebased IFQ program
(herein
[[Page 39794]]
referred to as the ``IFQ gear switching'' fishery or sector)
The Council may consider expanding the logbook requirement for
additional non-trawl fisheries retaining groundfish in the future. NMFS
is moving forward with the development of a federal non-trawl logbook
requirement in accordance with the above recommendation.
Non-Trawl Logbook Development
NMFS has contracted the Pacific States Marine Fisheries Commission
(PSMFC) to develop an electronic logbook application. The PSMFC will
house and manage the logbook data. NMFS intends the application to be
available for download free of charge on smart phones, tablets, and
laptop computers; however, initial rollout may be limited to a smart
phone application, subject to timing constraints. If this proposed rule
is finalized, NMFS would publish a Compliance Guide with all necessary
download and operation instructions upon publication of the final rule.
For a minimum of 1 year from the effective date of the final rule, NMFS
would accept paper logbook forms to provide a grace period for adapting
to the electronic application. NMFS will prescribe the paper logbook
forms that may be submitted to meet this requirement. Depending on the
development status of the electronic application, NMFS may extend the
optional paper logbook provision beyond one year from the effective
date of the final rule. NMFS will issue a public notice at least 90
calendar days prior to ending the optional provision to submit a paper
logbook. Each non-trawl logbook paper form would represent a single
fishing trip, and the data would be matched to a landing receipt (i.e.,
fish ticket) submitted to PSMFC by seafood first receivers (i.e.,
buyers). This matching step acts as a data corroboration process for
landings, and allows the PSMFC to identify and correct any errors in
the data. Paper logbook submission would be required within one month
of a fishing trip. The PSMFC would mail logbook forms to the state fish
and wildlife agencies, who would then assist in distributing logbook
forms to their respective fishers.
NMFS and the PSMFC have begun consulting with industry
representatives on the electronic logbook layout and design, and will
continue soliciting industry feedback as the logbook develops. NMFS and
the PSMFC intend to coordinate with end-users of the data, including
the Council's Groundfish Management Team (GMT) and other State
representatives, on the design of the electronic logbook.
Content and Use of the Non-Trawl Logbook
The non-trawl logbook would collect set-level information on catch,
discards, fishing location, fishing depth, gear configuration, and
sale. Most data would be required to be entered into the electronic
logbook application while the vessel is fishing, with only the buyer
information recorded upon landing. An electronic logbook entry would be
required for each individual fishing trip. Submission of electronic
logbook data in the application would be required within 24 hours of
landing; data would be transmitted when the vessel returns to an area
with internet access.
NMFS, the Council, the GMT, the Northwest Fishery Science Center,
and the PSMFC would use the data obtained from the logbook application
for analyses of catch locations and bycatch hotspots, spot verification
of fish tickets, analyses on gear usage by area, stock assessments, and
a variety of other applications. Additionally, federal groundfish
regulations require vessels to make the logbook data available to
fishery observers under the West Coast Groundfish Observer Program. The
observers collect biological samples and pair these samples with
logbook data describing vessel position, target, depth, and retained
catch. These data are not always accessible from other sources such as
equipment on the ship. Finally, the logbook data may also be used by
the NOAA Office of Law Enforcement (OLE) and the U.S. Coast Guard in
investigations.
Non-Trawl Federal Logbook Requirement
This proposed rule would create a federal logbook requirement for
vessels participating in the directed OA, LEFG and IFQ gear switching
fishery sectors. The directed OA sector includes those vessels that
target fish for groundfish in federal waters. The LEFG sector includes
the primary sablefish fishery and the LE trip limit fisheries. The IFQ
gear switching sector includes those vessels that participate in the
Shorebased IFQ Program with trawl gear, but also ``gear switch'' and
occasionally fish with non-trawl gear pursuant to their IFQ limits.
From 2016-2019, an average of 536, 188, and 18 vessels participated in
the directed OA, LEFG, and IFQ gear switching fishery sectors,
respectively. Therefore, NMFS anticipates this action will affect a
total of approximately 742 vessels.
This proposed rule would also amend the regulations at Sec. 660.13
to add new gear types or sectors that vessels can declare on their
declaration reports (e.g., declaration codes) and revise some existing
declaration codes with the primary purpose of ensuring those codes
better align with the gear profiles as they would be described in the
electronic non-trawl logbook application. Additionally, the revised
declaration codes would allow NOAA's OLE to identify those vessels that
are subject to the new non-trawl logbook requirement based on what gear
type is declared.
This proposed rule is structured to minimize impacts on those
vessels that are already subject to comparable logbook requirements.
For example, those vessels that gear switch in the Shorebased IFQ
Program and use electronic monitoring (EM) in lieu of an observer
currently record discards on a paper logbook form (see Sec.
660.604(s)). Those vessels would be required to transition to submit
the electronic non-trawl logbook application instead of the paper
logbook forms, with the exception of the firstyear(s), when they would
be permitted to continue submitting the paper form as they adapt to the
electronic application.
Under this proposed rule, vessels would be required to send the
alternative paper logbook forms to the PSFMC, on behalf of NMFS, at:
Pacific States Marine Fisheries Commission, 205 SE Spokane St., Suite
#100, Portland, OR 97202.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the FMP, other provisions of the Magnuson-Stevens Act,
and other applicable law, subject to further consideration after public
comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
There are no relevant federal rules that may duplicate, overlap, or
conflict with this action.
Certification Under the Regulatory Flexibility Act
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.
For purposes of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.) (RFA) only, NMFS has established a small business size standard
for businesses, including their affiliates,
[[Page 39795]]
whose primary industry is commercial fishing (see 50 CFR 200.2). A
business primarily engaged in commercial fishing is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide. This standard applies to all
businesses classified under North American Industry Classification
System (NAICS) code 11411 for commercial fishing, including all
businesses classified as commercial finfish fishing (NAICS 114111),
commercial shellfish fishing (NAICS 114112), and other commercial
marine fishing (NAICS 114119) businesses (50 CFR 200.2; 13 CFR
121.201).
This proposed rule would directly affect groundfish vessels fishing
in the directed OA, LEFG, and IFQ gear switching fishery sectors, which
would be required to collect information to complete and submit the
non-trawl logbook. From 2016-2019, an average of 536, 188, and 18
vessels participated in the directed OA, LEFG, and IFQ gear switching
fisheries, respectively. Therefore, NMFS anticipates this action will
affect a total of approximately 742 vessels, which would all be
classified as small businesses according to NMFS' small business
standard under the RFA.
This proposed rule is not anticipated to have a significant
economic impact on the affected entities. This rule is administrative
in nature, as it establishes a new reporting requirement for these
fishery sectors. The electronic logbook application will be available
for download free of charge on smart phones, tablets, and laptops. NMFS
has conducted outreach with members of the Groundfish Advisory Subpanel
who represent the affected entities, and all have confirmed that most
fishers in the affected sectors have at least one of these electronic
devices. Even if, at initial implementation, the electronic logbook
application is only available for download on a smart phone, those
fishermen that do not own a smart phone would be permitted to submit a
paper logbook form for two years. This would provide enough time for
NMFS and the PSMFC to finalize the electronic logbook application for
other devices, including tablets and laptops.
In addition, this proposed rule is not expected to place small
entities at a significant competitive disadvantage to large entities.
This action is administrative, and only creates a new reporting
requirement for vessels fishing in the directed OA, LEFG, and IFQ gear
switching fishery sectors. Vessels that are considered large entities
in the Pacific Coast Groundfish fishery (e.g., mothership and catcher-
processor vessels) are subject to their own separate reporting
requirements (see Sec. 660.113).
For these reasons, NMFS believes that this proposed rule would not
have a significant economic impact on a substantial number of small
entities. As a result, an initial regulatory flexibility analysis is
not required and none has been prepared.
Information Collection Requirements
This proposed rule contains a new collection-of-information
requirement subject to review and approval by OMB under the Paperwork
Reduction Act (44 U.S.C. 3507(d)) (PRA). This rule adds a federal
requirement to complete and submit data in the non-trawl electronic
logbook application for fishing activities in the directed OA, LEFG,
and IFQ gear switching fishery sectors. Public reporting burden for the
federal non-trawl logbook requirement is estimated to average 30
minutes per logbook submission, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. The average vessel took about 14 fishing
trips per year between 2016-2019, which would result in about 7
additional hours of paperwork to comply with the new logbook
requirement over the course of the year. Vessels pursuing a targeted
non-trawl groundfish strategy would be most impacted by the proposed
rule. NMFS estimates that a subset of about ten vessels of the 742
affected vessels pursue such a strategy and take between 100-180 trips
per vessel per year; these entities would have an estimated additional
burden of approximately 50-90 hours per vessel.
Public comment is sought regarding: whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have 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. Submit comments on
these or any other aspects of the collection of information at
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find the particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function.
In addition, this rule revises the existing requirements for the
collection of information 0648-0573 by adding and modifying declaration
codes for the purpose of monitoring and enforcing the new logbook
requirement. These new declaration codes are not anticipated to alter
the number of respondents, anticipated responses, burden hours, or
burden costs, as the affected vessels are already required to declare
their fishing activities. The new declaration codes would allow NOAA's
OLE to track those vessels that are subject to the logbook requirement
based on what gear type is being used and the location of their fishing
activity. Public reporting burden for submitting a declaration report
is estimated to average 4 minutes per individual report, including the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
Public comment is sought regarding: whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have 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. Submit comments on
these or any other aspects of the collection of information at
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find the particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function.
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 that collection of information displays
a currently valid OMB Control Number.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 29, 2022.
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:
[[Page 39796]]
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. 660.11, under the definition for ``Open access fishery''
add paragraphs (1) and (2) to read as follows:
Sec. 660.11 General definitions.
* * * * *
Open access fishery * * *
(1) For the purpose of the non-trawl logbook requirements at Sec.
660.13, directed open access fishery means that a fishing vessel is
target fishing for groundfish under the requirements of 50 CFR part
660, subpart F, is only declared into an open access groundfish gear
type or sector as defined at 50 CFR 660.13(d)(4)(iv)(A), and has not
declared into any other gear type or sector.
(2) [Reserved]
* * * * *
0
3. In Sec. 660.12, revise paragraph (b)(3) to read as follows:
Sec. 660.12 General groundfish prohibitions.
* * * * *
(b) * * *
(3) Falsify or fail to prepare and/or file, retain or make
available records of fishing activities as specified in Sec.
660.13(a)(1) or (2).
* * * * *
0
4. In Sec. 660.13:
0
a. Revise paragraph (a)(2), and add paragraph (a)(3).
0
b. Revise paragraphs (d)(4)(iv) introductory text, and (d)(4)(iv)(A)(1)
through (31), and add (d)(4)(iv)(A)(32) through (37).
The revisions and additions read as follows:
Sec. 660.13 Recordkeeping and reporting.
* * * * *
(a) * * *
(2) Non-Trawl Logbook. The authorized representative of a
commercial vessel participating in:
(i) The directed open access fishery, as defined at Sec. 660.11;
(ii) The limited entry fixed gear trip limit fisheries subject to
the trip limits in Table 2 North and South to Subpart E, and primary
sablefish fisheries, as defined at Sec. 660.211; and
(iii) Gear switching in the Shorebased IFQ Program, as defined at
Sec. 660.140(k), must keep and submit a complete and accurate record
of fishing activities in the non-trawl electronic logbook application.
(3) The non-trawl electronic logbook application is a web-based
portal used to send data from non-trawl fishing trips to the Pacific
States Marine Fisheries Commission. The following requirements apply:
(i) The authorized representative of the vessel must complete an
entry in the non-trawl electronic logbook application for all
groundfish fishing trips, as defined under Sec. 660.11. Required
information for each fishing trip includes, but is not limited to,
information on set-level data on catch, discards, fishing location,
fishing depth, gear configuration, and sale.
(ii) The authorized representative of the vessel must complete an
entry for each groundfish fishing trip in the non-trawl electronic
logbook application with valid responses for all data fields in the
application, except for information not yet ascertainable, prior to
entering port, subject to the following requirements:
(A) Setting gear: Logbook entries for setting gear, including
vessel information, gear specifications, set date/time/location, must
be completed within 2 hours of setting gear.
(B) Retrieving gear: Logbook entries for retrieving gear, including
date/time recovered and catch/discard information, must be completed
within 2 hours of retrieving gear.
(C) The authorized representative of the vessel must complete and
submit entries in the non-trawl electronic logbook application within
24 hours of the completion of offload.
(D) For a minimum of 1 year from the effective date of the final
rule, vessels subject to this non-trawl logbook requirement are
permitted to submit a paper logbook form in lieu of the requirement to
fill out the non-trawl electronic logbook application. The West Coast
Regional Administrator will prescribe the paper logbook forms required
under this section. NMFS will issue a public notice at least 90
calendar days prior to ending the optional provision to submit a paper
logbook. The authorized representative of the vessel must complete the
non-trawl logbook form on all groundfish trips, subject to the same
requirements as for the non-trawl electronic logbook application,
listed above in Sec. 660.13(a)(2)(i) through (ii). The authorized
representative of the vessel must deliver the NMFS copy of the non-
trawl logbook form by mail or in person to NMFS or its agent within 30
days of landing. The authorized representative of the vessel
responsible for submitting the non-trawl logbook forms must maintain a
copy of all submitted logbooks for a minimum of three years after the
fishing activity ended.
* * * * *
(d) * * *
(4) * * *
(iv) Declaration reports will include: The vessel name and/or
identification number, gear type, and monitoring type where applicable,
(as defined in paragraph (d)(4)(iv)(A) of this section). Upon receipt
of a declaration report, NMFS will provide a confirmation code or
receipt to confirm that a valid declaration report was received for the
vessel. Retention of the confirmation code or receipt to verify that a
valid declaration report was filed and the declaration requirement was
met is the responsibility of the vessel owner or operator. Vessels
using nontrawl gear may declare more than one gear type with the
exception of vessels participating in the Shorebased IFQ Program (i.e.,
gear switching), however, vessels using trawl gear may only declare one
of the trawl gear types listed in paragraph (d)(4)(iv)(A) of this
section on any trip and may not declare nontrawl gear on the same trip
in which trawl gear is declared.
(A) * * *
(1) Limited entry fixed gear, not including shorebased IFQ
(declaration code 10),
(2) Limited entry groundfish non-trawl, shorebased IFQ, observer
(declaration code 11),
(3) Limited entry groundfish non-trawl, shorebased IFQ, electronic
monitoring (declaration code 11),
(4) Limited entry midwater trawl, non-whiting shorebased IFQ,
observer (declaration code 20),
(5) Limited entry midwater trawl, non-whiting shorebased IFQ,
electronic monitoring (declaration code 20),
(6) Limited entry midwater trawl, Pacific whiting shorebased IFQ,
observer (declaration code 21),
(7) Limited entry midwater trawl, Pacific whiting shorebased IFQ,
electronic monitoring (declaration code 21)
(8) Limited entry midwater trawl, Pacific whiting catcher/processor
sector (declaration code 22),
(9) Limited entry midwater trawl, Pacific whiting mothership sector
(catcher vessel or mothership), observer (declaration code 23),
(10) Limited entry midwater trawl, Pacific whiting mothership
sector (catcher vessel), electronic monitoring (declaration code 23),
(11) Limited entry bottom trawl, shorebased IFQ, not including
demersal trawl or selective flatfish trawl (declaration code 30),
(12) Limited entry bottom trawl, shorebased IFQ, not including
demersal trawl or selective flatfish trawl,
[[Page 39797]]
electronic monitoring (declaration code 30),
(13) Limited entry demersal trawl, shorebased IFQ, observer
(declaration code 31)
(14) Limited entry demersal trawl, shorebased IFQ, electronic
monitoring (declaration code 31),
(15) Limited entry selective flatfish trawl, shorebased IFQ,
observer (declaration code 32),
(16) Limited entry selective flatfish trawl, shorebased IFQ,
electronic monitoring (declaration code 32),
(17) Non-groundfish trawl gear for pink shrimp (declaration code
41),
(18) Non-groundfish trawl gear for ridgeback prawn (declaration
code 40),
(19) Non-groundfish trawl gear for California halibut (declaration
code 42),
(20) Non-groundfish trawl gear for sea cucumber (declaration code
43),
(21) Open access bottom contact hook-and-line gear for groundfish
(e.g., bottom longline, commercial vertical hook-and-line, dinglebar)
(declaration code 33),
(22) Open access Pacific halibut longline gear (declaration code
62),
(23) Open access groundfish trap or pot gear (declaration code 34),
(24) Open access Dungeness crab trap or pot gear (declaration code
61),
(25) Open access prawn trap or pot gear (declaration code 60),
(26) Open access sheephead trap or pot gear (declaration code 65),
(27) Open access non-bottom contact hook and line gear for
groundfish (e.g., troll, weighted jig gear, rod & reel gear)
(declaration code 35),
(28) Open access non-bottom contact stationary vertical jig gear
(declaration code 36)
(29) Open access non-bottom contact troll gear (declaration code
37),
(30) Open access HMS line gear (declaration code 66),
(31) Open access salmon troll gear (declaration code 63),
(32) Open access California Halibut line gear (declaration code
64),
(33) Open access Coastal Pelagic Species net gear (declaration code
67),
(34) Other, a gear that is not listed above (declaration code 69),
(35) Tribal trawl gear (declaration code 50),
(36) Open access California anchored gillnet gear (declaration 68),
or
(37) Gear testing, Trawl Rationalization fishery (declaration code
70).
[FR Doc. 2022-14295 Filed 7-1-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 5, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.