Rule2022-21366
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Non-trawl Logbook
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 3, 2022
Effective
January 1, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule creates a Federal requirement for certain vessels in the Pacific Coast Groundfish fishery target fishing for groundfish with non-trawl gear in Federal waters seaward 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 applies 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 will help better inform management of these fisheries.
Full Text
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<title>Federal Register, Volume 87 Issue 190 (Monday, October 3, 2022)</title>
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[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Rules and Regulations]
[Pages 59724-59729]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21366]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 220923-0198]
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: Final rule.
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SUMMARY: This final rule creates a Federal requirement for certain
vessels in the Pacific Coast Groundfish fishery target fishing for
groundfish with non-trawl gear in Federal waters seaward 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 applies 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-
[[Page 59725]]
trawl sectors with partial observer coverage, which will help better
inform management of these fisheries.
DATES: Effective January 1, 2023.
ADDRESSES:
Electronic Access
This rule is accessible via the internet at the Office of the
Federal Register website at <a href="https://www.federalregister.gov/">https://www.federalregister.gov/</a>. This
rule's associated Compliance Guide is available on the NMFS West Coast
Region website at <a href="https://www.fisheries">https://www.fisheries</a>.noaa.gov/west-coast/
sustainable-fisheries/compliance-guides-west-coast-groundfish.
FOR FURTHER INFORMATION CONTACT: Lynn Massey, phone: 971-238-2514, or
email: <a href="/cdn-cgi/l/email-protection#dfb3a6b1b1f1b2beacacbaa69fb1b0bebef1b8b0a9"><span class="__cf_email__" data-cfemail="87ebfee9e9a9eae6f4f4e2fec7e9e8e6e6a9e0e8f1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
This final rule is being promulgated in accordance with
recommendations developed by the Pacific Fishery Management Council
(Council), first recommended in 2008 and reaffirmed at their March 2022
meeting. For a full history of the Council's development of this
action, please see the ``Background'' section of the proposed rule (87
FR 39792, July 5, 2022).
Non-Trawl Federal Logbook Requirement
This final rule creates a Federal electronic logbook requirement
for vessels participating in the directed open access (OA) and limited
entry fixed gear (LEFG) groundfish fishery sectors, as well as those
vessels that use non-trawl gear under the Shorebased Individual Fishing
Quota (IFQ) Program (herein referred to as the ``IFQ gear switching
sector''). The directed OA sector includes those vessels that target
fish for groundfish in the exclusive economic zone (EEZ). The directed
OA sector does not include those vessels that retain groundfish
incidentally while targeting non-groundfish species (e.g., the salmon
troll fishery). The LEFG sector includes the primary sablefish fishery
and the limited entry 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 final rule will amend the regulations at Sec. Sec. 660.11,
660.12, and 660.13 to include the new non-trawl logbook requirements.
The amended regulations will include a new definition for the directed
OA sector, as well as new gear types that vessels can declare on their
declaration reports (e.g. declaration codes) and revisions to existing
declaration codes with the primary purpose of ensuring those codes
better align with the gear profiles as they will be described in the
electronic non-trawl logbook application. Additionally, the revised
declaration codes would allow NOAA's Office of Law Enforcement (OLE) to
identify those vessels that are subject to the new non-trawl logbook
requirement based on what gear type is declared.
Content and Use of Non-Trawl Logbook and Data
The non-trawl logbook will collect set-level information on catch,
discards, fishing location, fishing depth, gear configuration, and
sale. Most data will 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 will be
required for each individual fishing trip. The electronic application
will accommodate fishing trips for instances when gear is set and
retrieved on different trips. Submission of electronic logbook data in
the application will be required within 24 hours of offloading/landing
(same timing requirement as electronic fish tickets).
NMFS, the Council, the Groundfish Management Team (GMT), the
Northwest Fisheries Science Center, and the Pacific States Marine
Fisheries Commission (PSMFC) will 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 (see 50 CFR 660.216(e)(7)
and 50 CFR 660.316(e)(7)) require vessels to make the logbook data
available to fishery observers under the West Coast Groundfish Observer
Program (WCGOP). 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 NOAA's OLE and the U.S. Coast Guard in
investigations.
Non-Trawl Logbook Electronic Application and Download Instructions
NMFS has contracted with the PSMFC to develop an electronic logbook
application. The PSMFC will house and manage the logbook data. The
application will ultimately 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. Once the electronic application is finalized and available
(expected no later than December 2022), NMFS will send out an email
notice to the groundfish email list that includes download and account
set-up instructions. To register for the groundfish email list, provide
your email address at: <a href="https://public.govdelivery.com/accounts/USNOAAFISHERIES/subscriber/new">https://public.govdelivery.com/accounts/USNOAAFISHERIES/subscriber/new</a>. After clicking submit, expand the
``Regional Updates'' drop-down list and navigate to ``West Coast
Updates''. Check the box next to ``Groundfish'' and then select
``Submit'' to subscribe.
Temporary Use of Paper Logbook Forms
For a minimum of one year from the effective date of this final
rule, NMFS will 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 additional formats for 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 will represent a single fishing trip, and the data
will 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 will be required within 30 days of the date of landing. In
December 2022 or earlier, the PSMFC will mail booklets of logbook forms
to the state fish and wildlife agencies, which will then assist in
distributing logbook forms to their respective fishermen. Shortly prior
to mailing logbook forms, NMFS will email a public notice to the
groundfish email distribution list to provide advance notification.
[[Page 59726]]
Under this final rule, vessels will 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.
Industry Outreach and Considerations
NMFS and the PSMFC are consulting with industry representatives and
end-users of the data (i.e., the GMT and state representatives) on the
electronic logbook layout and design. The PSFMC will organize and host
beta-testing of the electronic logbook application once a draft version
is ready for use (currently expected in the fall of 2022). In order to
participate in the official beta-testing of the electronic logbook
application, please email the PSFMC at <a href="/cdn-cgi/l/email-protection#3472515071585b537444475952571a5b4653"><span class="__cf_email__" data-cfemail="93d5f6f7d6fffcf4d3e3e0fef5f0bdfce1f4">[email protected]</span></a>. NMFS will
send a public announcement via the groundfish email list when the PSMFC
schedules specific dates for any beta-testing workshops.
This final 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 first year(s), when they would be permitted to
continue submitting their regular paper form as they adapt to the
electronic application.
Response to Public Comments
NMFS held a public comment period on the proposed rule (87 FR
39792; July 5, 2022) from July 5, 2022, to August 4, 2022. NMFS
received a total of seven public comment submissions. Six of the public
comments were from commercial fishermen that participate in one of the
affected sectors. NMFS also received a comment from the California
Department of Fish and Wildlife (CDFW). NMFS responds to each of these
public comments below. In some cases, similar concepts across multiple
public comment submissions are summarized and grouped in one response,
and in other cases, separate concepts in one public comment submission
are described and responded to separately.
Comment 1: Three fishery participants commented that the non-trawl
logbook requirement is duplicative of data already collected through
other means, including vessel monitoring system (VMS) units, landing
receipts, and observer data.
Response: The logbook will collect location-specific catch and
discard data, as well as effort data, that is not available fleet-wide
from any other source in the Federal non-trawl fisheries. The OA
sector, like the other non-trawl sectors, is subject to partial
observer coverage. NMFS develops estimations of fleet-wide discards
using the data from vessels that were observed; however, that
information is not available on a location-specific basis. Landing
receipts only provide retained catch information; they do not contain
information on discards, specific catch location, gear configuration,
or fishing depth. VMS data provide location data, but are not connected
to catch and discard data by location. More precise location-specific
catch and discard information collected through the logbook could help
the Council and NMFS better target management responses to, for
example, a bycatch concern or catch at risk of exceeding a sector
allocation or annual catch limit. These management actions could
potentially close smaller areas, and be less disruptive to fisheries,
because management concerns could be narrowed to a specific location.
Comment 2: Two fishery participants expressed concern over the
operational burden that would be imposed through the requirement to
record the time and location of every gear set, especially for smaller
vessels that make a large amount of drops or sets per fishing trip and
across many different fishing locations.
Response: For fishing trips where traditional longline and/or pot
gear are not being used, logbook users should record a new fishing
location and set number if the vessel actively motors to a different
location greater than 1 nautical mile away or to a distinguishably
different geographic area (e.g., a new reef). For example, if 30 drops
from a rod and reel gear type are made in one fishing location, then
the vessel should record the time that the first hook entered the water
and the time that the last hook was retrieved. These methods align with
what a WCGOP observer would record if onboard the vessel. These
guidelines are included in the Compliance Guide associated with this
rule, which is available at <a href="https://www.fisheries">https://www.fisheries</a>./noaa.gov/west-coast/
sustainable-fisheries/compliance-guides-west-coast-groundfish.
Comment 3: A private fisher out of Santa Barbara, California, asked
for clarification about whether catch in both state and Federal waters
would be required in each logbook submission if both waters were fished
in a single trip.
Response: Logbook data is only required for fishing activity that
takes place in the EEZ. Any fishing activity that takes place in state
territorial waters, even if conducted on the same trip as fishing
activity in Federal waters, will not be required for inclusion in the
Federal logbook submission. In some cases, West Coast states have their
own requirements for fishing activity in state territorial waters.
Comment 4: A private fisher out of Half Moon Bay, California,
commented that he does not oppose the collection of fishing information
in the non-trawl logbook, but recommended that fishing location data be
retrieved via each boat's VMS as opposed to the vessel crew recording
the fishing location in the non-trawl logbook.
Response: NMFS and the PSMFC evaluated the possibility of obtaining
fishing location data from VMS units as an alternative to fisher-
reported latitude and longitude coordinates. Although VMS location data
is precise enough for enforcement applications (e.g., ensuring vessels
are not fishing in closed areas), it is not precise enough for other
applications that the logbook data will be used for (e.g., stock
assessments and area-specific management responses). Additionally,
connecting VMS data to logbook submissions would be technically
challenging and likely not achievable by the time of this rule's
implementation. For these reasons, NMFS determined that VMS location
data is not a feasible option for obtaining precise fishing location
data at this time. However, if recording fishing location data proves
too operationally challenging for certain types of affected vessels in
the future, NMFS will continue investigating a way to use VMS data in
lieu of fisher-reported latitude and longitude coordinates.
Comment 5: A private fisher out of Bolinas, California, commented
that he does not have a smart phone and would be inconvenienced if
required to get one for the new non-trawl logbook requirement.
Response: NMFS intends for the electronic logbook application to be
available for download on tablets and laptops, in addition to smart
phones. Although NMFS expects that at initial implementation in January
2023, the electronic application will only be available for download on
a smart phone, NMFS is also providing a minimum one year grace period
to use paper logbook forms in lieu of the electronic application. NMFS
expects that by the end of this grace period, the electronic
application will be available on the other devices and not just limited
for download on a smart phone.
[[Page 59727]]
Comment 6: A private fisher from McKinleyville, California,
commented that on smaller vessels, electronic devices and alternative
paper logs will get damaged in the salt spray, which would cause the
constant need to replace electronic devices.
Response: Under this rule, instantaneous data entry is not
required. Fishermen will have 2 hours from the time of setting/
retrieving gear to complete that portion of their logbook entries (see
regulations below). Electronic devices and/or logbook forms can be
stored in the wheelhouse while fishermen are handling gear.
Comment 7: A member of the public commented that it would be unsafe
for fishermen to fill out the logbook information while fishing.
Response: Under this rule, instantaneous data entry is not
required. Fishermen will have 2 hours from the time of setting/
retrieving gear to complete that portion of their logbook entries (see
regulations below). The fisher will not need to be handling an
electronic device at the same time as setting or retrieving gear.
Comment 8: A private fisher out of Spring Valley, California,
requested a change to observer data recording protocol. Specifically,
the commenter asked that fish released with a descending device not
count as discard mortality.
Response: NMFS is not proposing any modifications to observer
protocols through this rulemaking, and therefore this comment is beyond
the scope of the proposed rule.
Comment 9: CDFW commented that it generally supports the proposed
rule but opposes the fact that the non-trawl logbook requirement will
only apply in the EEZ. CDFW stated that the non-trawl logbook should
also apply in California state waters.
Response: At the September 2021 and March 2022 Council meetings,
NMFS provided reports to the Council requesting clarification on the
intended scope of the action. In those reports, NMFS stated that the
logbook requirement would only apply in the EEZ (i.e., 3-200 nautical
miles), consistent with 50 CFR 660.10(a). Accordingly, NMFS did not
include analysis for vessels that fish in state waters as part of this
action. NMFS recommends that if the State is interested in collecting
that data, California consider a complementary state logbook
requirement using the same logbook application for vessels fishing in
state waters.
Comment 10: CDFW commented that the logbook is needed to collect
information on seabird and whale interactions.
Response: The non-trawl logbook is required as a term and condition
in the biological opinion for the Continuing Operation of the Pacific
Coast Groundfish Fishery on Endangered Species Act (ESA)-listed
seabirds (01EOFW00-20l7-F-0316) and is a conservation recommendation in
the biological opinion for the Continuing Operation of the Pacific
Coast Groundfish Fishery on ESA-listed humpback whales (WCRO-2018-
01378). The purpose is to collect additional effort data in groundfish
fishery sectors with partial-observer coverage (e.g., number of hooks,
number of pots, etc.) which help inform the bycatch estimation models
used in conjunction with documented takes. The logbook will not require
that fishermen record data on seabird or whale interactions.
Changes From the Proposed Rule
No changes were made from the proposed rule.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the Pacific Coast Groundfish Fishery Management Plan,
other provisions of the Magnuson-Stevens Act, and other applicable
laws.
This final 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.
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 during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
Paperwork Reduction Act
This final rule contains a new collection-of-information
requirement subject to review and approval by the Office of Management
and Budget (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 final rule.
NMFS estimates that a subset of about ten vessels of the 742 affected
vessels pursue such a strategy and take 100-180 trips per vessel per
year; these entities would have an estimated additional burden of
approximately 50-90 hours per vessel.
In addition, this final 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.
We have submitted these new collection-of-information requirements
to OMB for approval. Approved information collections may be found on
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. We also invite the general public
and other Federal agencies to comment on information collections, which
helps us assess the impact of our information collection requirements
and minimize the public's reporting burden. Written comments and
recommendations for this information collection should be submitted
through <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
[[Page 59728]]
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: September 23, 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 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. 660.11, under the definition for ``Open access fishery,''
add paragraph (1) and reserved paragraph (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 subpart F of
this part, is only declared into an open access groundfish gear type or
sector as defined at Sec. 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. Add paragraphs (a)(2) through (4);
0
b. Revise paragraphs (d)(4)(iv) introductory text and (d)(4)(iv)(A)(1)
through (31); and
0
c. Add paragraphs (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 the groundfish fishery sectors
listed in paragraphs (a)(2)(i) through (iii) of this section must keep
and submit a complete and accurate record of fishing activities in the
non-trawl electronic logbook application:
(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 Table 2 (South) of subpart E of
this part, 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).
(3) Electronic logbook application. 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) Logbook entries for setting gear, including vessel information,
gear specifications, set date/time/location, must be completed within 2
hours of setting gear.
(B) 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.
(4) Temporary paper logbook provision. For a minimum of one year
from January 1, 2023, vessels subject to the non-trawl logbook
requirement in paragraphs (a)(2) and (3) of this section 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 in
paragraphs (a)(3)(i) and (ii) of this section. 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 non-trawl 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 non-trawl 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);
[[Page 59729]]
(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, observer (declaration code
30);
(12) Limited entry bottom trawl, shorebased IFQ, not including
demersal trawl or selective flatfish trawl, 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, 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 set net or gillnet gear--California (declaration
68); or
(37) Gear testing, Trawl Rationalization fishery (declaration code
70).
* * * * *
[FR Doc. 2022-21366 Filed 9-30-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 3, 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.