Rule2022-26231
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Non-Trawl Logbook; Correction
Primary source
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Published
December 5, 2022
Effective
January 1, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS published a final rule on October 3, 2022, announcing 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 (87 FR 59724). This correction is necessary to modify a regulatory instruction so that the implementing regulations are accurate. This correction is also necessary to clarify the methods by which fishermen can record required information while on a fishing trip.
Full Text
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<title>Federal Register, Volume 87 Issue 232 (Monday, December 5, 2022)</title>
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[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Rules and Regulations]
[Pages 74328-74329]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26231]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
RTID 0648-BK81
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Non-Trawl Logbook; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correction.
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SUMMARY: NMFS published a final rule on October 3, 2022, announcing 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 (87 FR
59724). This correction is necessary to modify a regulatory instruction
so that the implementing regulations are accurate. This correction is
also necessary to clarify the methods by which fishermen can record
required information while on a fishing trip.
DATES: This correction is effective January 1, 2023.
FOR FURTHER INFORMATION CONTACT: Lynn Massey, (971) 238-2514, email:
<a href="/cdn-cgi/l/email-protection#e5899c8b8bcb88849696809ca58b8a8484cb828a93"><span class="__cf_email__" data-cfemail="127e6b7c7c3c7f736161776b527c7d73733c757d64">[email protected]</span></a>.
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>. Background
information and documents are available at the Pacific Fishery
Management Council's website at <a href="http://www.pcouncil.org/">http://www.pcouncil.org/</a>.
SUPPLEMENTARY INFORMATION: NMFS published a final rule on October 3,
2022, announcing 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 (87 FR 59724). This rule is effective January 1,
2023.
The October 3, 2022, final rule included regulatory changes to the
declaration codes listed at Sec. 660.13(d)(4)(iv)(A). These regulatory
instructions conflict with regulatory instructions that modify the same
declaration codes in a different final rule that NMFS published on the
same day to implement electronic monitoring program regulations for
vessels using groundfish bottom trawl and non-whiting midwater trawl
gear in the Pacific Coast Groundfish Trawl Catch Share Program (87 FR
59705, October 3, 2022). This correction is necessary to modify the
incorrect regulatory instruction so that the implementing regulations
are accurate.
This correction is also necessary to clarify the methods by which
fishermen can record required information while on a fishing trip. NMFS
added clarifying regulatory text that explains that fishermen can
record required gear setting and retrieval information outside of the
electronic logbook application while fishing, as long as the
information is entered and submitted within the electronic logbook
application within 24 hours of landing.
Correction
0
In FR. Doc. 2022-21409 at 87 FR 59724 in the issue of October 3, 2022,
on page 59728, correct amendatory instruction 4 and the regulatory text
to read:
0
4. In Sec. 660.13:
0
a. Add paragraphs (a)(2) through (4); and
0
b. Revise paragraphs (d)(4)(iv) introductory text and paragraph
(d)(4)(iv)(A).
The additions and revisions read as follows:
Sec. 660.13 Recordkeeping and reporting.
* * * * *
(a) * * *
(2) Non-Trawl Logbook. The authorized representative of a
commercial vessel participating in the below list of groundfish fishery
sectors 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 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).
(3) Non-Trawl 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) 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. The authorized
representative of each vessel may record or document this information
in a format outside of the electronic logbook application (e.g.,
waterproof paper). Information recorded outside of the electronic
logbook application must be available for review at-sea by authorized
law enforcement personnel upon request, and must be entered into the
electronic application per subparagraph C.
(B) Retrieving gear. Logbook entries for retrieving gear, including
date/time recovered and catch/discard information, must be completed
within 4 hours of retrieving gear. The authorized representative of
each vessel may record or document this information in a format outside
of the electronic logbook application (e.g., waterproof paper).
Information recorded outside of the logbook entry must be available for
review at-sea by authorized law enforcement personnel upon request, and
must be entered into the electronic application per subparagraph C.
(C) Non-Trawl Electronic Logbook Submission. 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, including information under subparagraphs A and
B that was captured but not recorded in the electronic logbook
application while fishing.
(4) Non-Trawl Paper Logbook. For a minimum of one year from the
effective date of the final rule, vessels subject to
[[Page 74329]]
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)(3)(i) through (ii). The authorized representative of the
vessel must deliver the NMFS copy of the non-trawl logbook form by
mail, email, 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) One of the following gear types or sectors, and monitoring type
where applicable, must be declared:
(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, 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).
* * * * *
Dated: November 28, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-26231 Filed 12-2-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 5, 2022.
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