Proposed Rule2023-14174
Monitoring Requirements for Pot Catcher/Processors Participating in Bering Sea/Aleutian Islands Groundfish Fisheries
Primary source
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Published
July 6, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes regulatory changes to revise the monitoring requirements for pot gear catcher/processors (CPs) participating in Bering Sea/Aleutian Islands (BSAI) groundfish fisheries. This action is needed to address management challenges created by observer data collection errors that have impacted catch estimates. This action would improve observer data collection by requiring participants to carry a Level 2 observer and comply with pre-cruise meeting notifications, and by requiring certification and testing standards for participants choosing any of the following voluntary monitoring options: providing observer sampling stations, installing motion-compensated platform and flow scales, and carrying additional observers on the vessel. Additionally, this action would change the location of existing monitoring regulations for longline CPs and halibut deck sorting by moving them under a single, new subpart within the regulations. This action promotes the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Fishery Management Plan (FMP) for Groundfish of the BSAI Management Area, and other applicable laws.
Full Text
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<title>Federal Register, Volume 88 Issue 128 (Thursday, July 6, 2023)</title>
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<body><pre>[Federal Register Volume 88, Number 128 (Thursday, July 6, 2023)]
[Proposed Rules]
[Pages 43072-43078]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14174]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230628-0158]
RIN 0648-BL69
Monitoring Requirements for Pot Catcher/Processors Participating
in Bering Sea/Aleutian Islands Groundfish Fisheries
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 regulatory changes to revise the monitoring
requirements for pot gear catcher/processors (CPs) participating in
Bering Sea/Aleutian Islands (BSAI) groundfish fisheries. This action is
needed to address management challenges created by observer data
collection errors that have impacted catch estimates. This action would
improve observer data collection by requiring participants to carry a
Level 2 observer and comply with pre-cruise meeting notifications, and
by requiring certification and testing standards for participants
choosing any of the following voluntary monitoring options: providing
observer sampling stations, installing motion-compensated platform and
flow scales, and carrying additional observers on the vessel.
Additionally, this action would change the location of existing
monitoring regulations for longline CPs and halibut deck sorting by
moving them under a single, new subpart within the regulations. This
action promotes the goals and objectives of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), the
Fishery Management Plan (FMP) for Groundfish of the BSAI Management
Area, and other applicable laws.
DATES: Submit comments on or before August 7, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0085, 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-2022-0085 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Submit written comments to the Assistant Regional
Administrator,
[[Page 43073]]
Sustainable Fisheries Division, Alaska Region NMFS. Mail comments to
P.O. Box 21668, Juneau, AK 99802-1668.
<bullet> Fax: 907-586-7465; Attn: Assistant Regional Administrator,
Sustainable Fisheries Division.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of the Regulatory Impact Review (RIR; referred to
as the Analysis) prepared for this action are available from
<a href="http://www.regulations.gov">www.regulations.gov</a> or from the NMFS Alaska Region website at <a href="https://www.fisheries.noaa.gov/region/alaska">https://www.fisheries.noaa.gov/region/alaska</a>.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to NMFS at the above address or to
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find the particular information
collections by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Mason Smith, 907-586-7228,
<a href="/cdn-cgi/l/email-protection#e38e82908c8dcd908e8a978ba38d8c8282cd848c95"><span class="__cf_email__" data-cfemail="bad7dbc9d5d494c9d7d3ced2fad4d5dbdb94ddd5cc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Authority for Action
NMFS manages the groundfish fisheries in the exclusive economic
zone (EEZ) of the BSAI under the FMP for Groundfish of the BSAI
Management Area. The North Pacific Fishery Management Council (Council)
prepared the FMP under the authority of the Magnuson-Stevens Act, 16
U.S.C. 1801 et seq. Regulations governing U.S. fisheries and
implementing FMPs appear at 50 CFR parts 600 and 679.
Background
NMFS proposes to improve data collection by observers deployed by
the North Pacific Observer Program for management of the BSAI pot CP
sector by revising the existing monitoring requirements for the BSAI
pot CP sector. At its February 2023 meeting, the Council took final
action to recommend additional monitoring requirements for the BSAI pot
CP sector. The following sections of this preamble describe: (1) the
North Pacific Observer Program, (2) the BSAI pot CP sector, (3) the
need for this action, (4) the elements of this proposed rule, and (5)
the regulatory changes made by this proposed rule.
North Pacific Observer Program (Observer Program)
The Observer Program is an integral component in the management of
North Pacific fisheries. The Observer Program was created with the
implementation of the Magnuson-Stevens Act in the mid-1970s and has
evolved from primarily observing foreign fleets to observing domestic
fleets, including the BSAI pot CP sector. Regulations at subpart E of
50 CFR part 679 implement the Observer Program and prescribe how NMFS-
certified observers will be deployed on board vessels and in processing
plants to obtain information necessary for the conservation and
management of the groundfish and halibut fisheries off Alaska. The
information collected by observers contributes to the best available
scientific information used to manage the fisheries under the Magnuson-
Stevens Act.
Observers collect biological samples and gather information on
total catch, including bycatch and interactions with protected species.
Fishery managers use data collected by observers to manage groundfish
catch and bycatch limits established in regulation and to inform the
development of management measures that minimize bycatch and reduce
fishery interactions with protected resources. Scientists use observer-
collected data for stock assessments and marine ecosystem research.
Bering Sea/Aleutian Islands Pot CP Sector
The BSAI pot CP sector is managed in part under the License
Limitation Program (LLP), which requires an LLP license endorsed for
the directed fishing of groundfish in the BSAI. The LLP was recommended
by the Council and approved and implemented by NMFS to address concerns
of excess fishing capacity, and it limits the number, size, and
specific operation of vessels deployed in the groundfish fisheries in
the EEZ off Alaska (63 FR 52642, October 1, 1998; 50 CFR 679.4(k)(4)).
The pot CP sector targets primarily Pacific cod using pot gear with
single lines. Each vessel is currently required to deploy a certified
observer to monitor their fishing activity. The BSAI pot CP sector is
relatively small, with eight LLP licenses holding endorsements to fish
for Pacific cod with pot gear in the Bering Sea (BS) or Aleutian
Islands (AI), and only six of which were active in 2022. Pacific cod
seasons in the BSAI are often short, lasting approximately 1 to 2 weeks
during the A season (beginning January 1) and the B season (beginning
September 1) in recent years. The fast pace of fishing with single pot
gear, high sampling workload, and the need for close communication
between the captain and observer make the BSAI pot CP sector one of the
most difficult fisheries for the Observer Program to sample. This
sector is separate from CPs using pot gear for the groundfish Community
Development Quota (CDQ) Program (63 FR 30381, June 4, 1998), and this
action would not change any aspects of the groundfish CDQ regulations
(50 CFR 679.32). The CDQ Program allocates a percentage of BSAI quotas
for groundfish, prohibited species, halibut, and crab to eligible
communities. The CDQ program, which was established to provide eligible
western Alaska villages with the opportunity to participate and invest
in BSAI fisheries and to support the economic development of local
economies in western Alaska, already requires the same or stricter
provisions as those proposed for the non-CDQ pot CP sector in this
action.
Need for This Action
Observer data is NMFS' preferred source of information for
estimating catch and discards in the BSAI pot CP fishery. Observer data
is used by NMFS for inseason management in near real time, making it
imperative that this data is as complete and accurate as possible.
Currently, NMFS' management of the BSAI pot CP fishery is difficult due
to a high rate of observer data loss, either by deletion by the
Observer Program due to flawed data collection, or by observers failing
to collect data in the first place.
Observer data collection in the BSAI pot CP fishery is based on a
random sampling design of units (e.g., pots) of fishing effort. The
sampling frame, which is the list of units from which the random
selections will be sampled, for pot vessels can be difficult to define
if pots are pulled out of order or in a varied way, which can be a
frequent occurrence under rough seas. Additionally, the fast pace of
pot CP fishing creates a high sampling workload for the observer and
increases the need for close communication between that observer and
the vessel captain and crew to ensure that the correct pots are
sampled, which can be challenging for first or second-time observers.
[[Page 43074]]
Across all sectors, data deletions (i.e., unusable data) are
strongly correlated with inexperienced observers, with the majority of
deletions occurring from trips on an observer's first or second
contract (see Section 2.1 of the Analysis). Although pot CPs are one of
the more challenging deployments for observers, the BSAI pot CP fishery
is one of the only CP sectors in the full coverage (100 percent of
trips observed) category that does not require a Lead Level 2 (LL2)
deployment endorsement. LL2 deployment endorsements can only be
obtained by an observer after they complete 2 cruises (contracts) of at
least 10 days each, sample 30 sets of nontrawl gear, and successfully
complete LL2 training or briefings. Because a LL2 observer deployment
is not currently required in the BSAI pot CP fishery, there is a high
rate of first-time observers being assigned to BSAI pot CP vessels.
This has compounded the issues with data deletions in the fishery by
creating a revolving scenario of new observers being assigned to these
vessels each year. This action, which would require BSAI pot CP
participants to carry at least one Level 2 observer at all times, is
needed to ensure the deployment of experienced observers on BSAI pot CP
vessels. Doing so would reduce the likelihood of data collection errors
or deletion and total loss of data. A Level 2 endorsement is one step
below a LL2 endorsement and can be obtained by an observer after they
complete the initial observer certification, sample 60 data collection
days, and successfully meet expectations on their most recent cruise
(50 CFR 679.53(a)(5)(iv) and (v)).
Observer sampling on a pot CP vessel requires close communication
between the observer and vessel captain. Because observers use a
sampling design based on units of fishing effort, creating the sampling
frame needed for random samples on pot vessels can be difficult to
define if pots are pulled out of order or in a varied way. A pre-cruise
meeting would provide an opportunity for Alaska Fisheries Science
Center Fisheries Monitoring and Analysis Division staff to participate
in a conversation between the vessel crew and a newly assigned observer
prior to embarking on a trip. This would allow Alaska Fisheries Science
Center Fisheries Monitoring and Analysis Division staff to clarify
expectations and provide knowledgeable advice about anticipated
sampling scenarios that an observer may encounter at sea and to better
prepare the observer and the crew to work collaboratively and develop
clear communication strategies. This action is necessary to ensure
proper sampling design, which in turn will reduce data deletions
attributable to sampling design defects.
Accurate observer haul estimates are important to the BSAI pot CP
sector, as well as to NMFS. Participants in the BSAI pot CP fishery
have expressed concern with observer haul estimates compared to vessel
production weights. Precise haul estimates are important to the sector
for catch accounting during their short seasons, which are typically
only a few weeks long. To obtain total haul weight estimates, observers
measure the weights of fish from a set of randomly sampled pots within
a haul, which are later extrapolated to the total numbers of fish
tallied for that haul. NMFS has received feedback and inquiries from
several active vessels about adding observer coverage, workstations,
and scales to address concerns about extrapolated estimates. Due to the
fast pace of fishing and high workload, observers must carefully plan
to ensure they adequately sample each randomly selected pot. This
action would authorize vessels to voluntarily provide a second observer
to allow more pots to be sampled, resulting in potentially greater
precision for total haul estimates. This action would additionally
authorize vessels to voluntarily provide observer workstations with a
motion-compensated platform (MCP) scale, as well as a NMFS-approved
flow scale to measure the total haul weight of Pacific cod. Observer
workstations may increase precision by providing an improved workspace
for storing fish in an observer's sample and providing dedicated space
to collect data, and the motion-compensated scales may provide more
rapid and accurate weigh information. A NMFS-approved scale to measure
the total haul weight of Pacific cod may reduce errors by eliminating
the need to extrapolate the total numerical estimate of Pacific cod
catches from the weighed samples. The BSAI pot CP fishery is currently
not required to provide an observer workstation or measure total haul
weights of Pacific cod on a NMFS-approved scale. Some vessels already
have this equipment installed due to their participation in other
fisheries requiring such equipment. However, regulations are needed to
ensure proper testing and maintenance of the equipment for its use in
this BSAI pot CP fishery.
The problems with data deletion in the BSAI pot CP fishery are
compounded by the fishery's small number of participants and its short
seasons. Since at least 2014, whenever deletion of observer data has
occurred in the fishery due to data collection errors, it has resulted
in substantial changes to the estimates of catch and bycatch. Due to
the short (1 to 2 week) BSAI Pacific cod seasons, each vessel may have
only one individual observer who stays onboard for the entire season.
In these cases, if data collected by the observer is deleted or changed
during the post-season debriefing process, it can result in the loss of
data for an entire vessel during that season. Since 2011, there have
been 12 instances in which nearly all deployment data collected on
board a pot CP vessel was deleted; 10 of those instances involved an
observer on their first or second contract. With only six active
vessels during this time period, any deletion of or change in data from
a vessel had a disproportionately large effect on catch estimates
compared to the effect of data loss or change in data in fisheries with
larger fleets. In some cases in the BSAI pot CP fisheries, data changes
after the season closure led to a near doubling of harvest estimates.
Since 2011, the sector's utilization of total allowable catch (TAC) has
ranged from 80-119 percent, and imprecise catch estimates could result
in a TAC overage or TAC remaining that could otherwise have been
harvested.
The regulatory changes to monitoring requirements proposed in this
action are intended to reduce the likelihood of data loss on BSAI pot
CP vessels by ensuring only experienced observers are deployed on BSAI
pot CP vessels and ensuring effective collaboration between the
observer and the captain and crew. This action additionally provides
three voluntary monitoring options for pot CP vessels to install
equipment or implement operational requirements that may further
improve the precision of observer data. In February 2023, the Council
took final action to recommend the suite of measures in this action. In
the description below, the regulatory changes in this action are
organized into two required elements (elements 1 and 2) and an optional
element (element 3).
This Proposed Rule
This action would require participants to carry at least one Level
2 observer deployed at all times, require participants to comply with
pre-cruise meeting notifications, and require certification and testing
standards for participants choosing any of the following voluntary
monitoring options: providing observer sampling stations, installing
motion-compensated platform and flow scales, and carrying additional
observers on board vessel.
[[Page 43075]]
This proposed rule, if adopted, would restructure subpart I and
subpart K of 50 CFR part 679 to combine three sets of regulations under
a single subpart, as follows: (1) existing regulations for longline
CPs; (2) this action's proposed regulations for pot CPs; and (3) those
CPs and motherships participating in the halibut deck sorting program.
This restructuring would make no substantive changes to the regulatory
requirements for longline CPs or the halibut deck sorting program, but
is necessary to streamline similar monitoring regulations for CPs and
motherships to provide the public easier access to the regulations.
This proposed rule, if adopted, would revise subpart I, which currently
applies only to equipment and operational requirements for the longline
catcher/processor subsector, so that subpart I will also apply to the
equipment and operational requirements for pot CPs and for CPs and
motherships participating in the halibut deck sorting program. This
proposed rule, if adopted, would change the title of Sec. 679.100
(from the current title, ``Applicability'') to ``Longline Catcher/
Processor Subsector,'' would change the title of subpart I (from the
current title of ``Equipment and Operational Requirements for the
Longline Catcher/Processor Subsector'') to ``Additional Equipment and
Operational Requirements for Motherships and Catcher/Processors,'' and
would change all references to existing subpart I to new Sec. 679.100.
The regulations for the halibut deck sorting program, which are
currently found at Sec. 679.120 (entitled ``Halibut deck sorting'') in
subpart K (similarly entitled ``Halibut Deck Sorting''), would be moved
to subpart I and redesignated as Sec. 679.102, with no other changes.
As described further below, revised subpart I would also include new
Sec. 679.101, which would contain the new proposed pot CP monitoring
requirements and which would be entitled, ``Catcher/processors using
pot gear for groundfish fishing.'' In conclusion, these changes are
intended to streamline and provide the public easier access to the
regulations by placing similar monitoring regulations for CPs and
motherships together.
This proposed rule includes three new regulatory elements for the
pot CP sector. The first element would add paragraph (G) in Sec.
679.51(a)(2)(vi) to require a minimum of one Level 2 observer on board
a CP vessel using pot gear subject to Sec. 679.101(a) at all times.
These changes are intended to reduce the likelihood of fisheries data
loss by ensuring experienced observers are deployed on board pot CP
vessels. In addition, paragraph Sec. 679.53(a)(5)(iv) (which states
when a Level 2 endorsement is required) would be revised to add a
reference to the new Sec. 679.51(a)(2)(vi)(G) requirement.
The second element of this proposed rule, if adopted, would add
subsection (a) in new Sec. 679.101 to define the applicability of the
proposed regulations to the owner and operator of a vessel named on an
LLP license with a Pacific cod CP pot gear endorsement in the Bering
Sea, Aleutian Islands, or both. In addition, this proposed rule would
add paragraph (b) in new Sec. 679.101 to require that vessels provide
pre-cruise notification at least 24 hours prior to departure when the
vessel will be carrying an observer who has not been deployed on that
vessel within the last 12 months. In addition, when a pre-cruise
meeting is requested by NMFS, the meeting must include the vessel
operator or manager and the observers assigned to that vessel. The
proposed changes are intended to reduce the likelihood of data loss by
ensuring effective communication and collaboration between the
observer(s) and the captain and crew.
The third element of this proposed rule, if adopted, would add
paragraph (c) in new Sec. 679.101 applicable to three additional
voluntary monitoring options for pot CPs. The owner or operator of a
vessel subject to this new section may choose any, all, or none of
three voluntary monitoring options: (1) providing a certified observer
sampling station with a NMFS-approved MCP scale for observer use; (2)
installing a motion-compensated, NMFS-approved scale to measure the
total catch of Pacific cod, in conjunction with an MCP scale for
testing, electronic logbook, and video monitoring; and (3) carrying
additional on-board observers. Each of these options are explained in
further detail in the following sections.
Observer Sampling Station Option
The vessel operators would have the option to choose to install an
observer sampling station in accordance with the specifications and
requirements in Sec. 679.28(d), including a working area of 4.5 square
meters, a work table, and a MCP scale, all in proximity to where the
observer can see gear retrieved and obtain fish samples (see Section
2.2.3.1 of the Analysis). An observer sampling station provides an
organized work space and higher precision equipment for observer use
that would improve observer data collection; however, installation of
an observer sampling station can be costly. Section 679.101(c)(1) of
this proposed rule would apply if a vessel operator chooses to install
an observer sampling station.
Observer sampling stations provide observers with a low traffic
area, in close proximity to the catch, where there is adequate space
and the equipment needed to most effectively sample. An MCP scale
compares the weight of fish to a reference weight at least 60 times per
second, allowing the scale to compensate for the motion of the vessel,
which can otherwise cause an inaccurate weight reading (see Section
2.2.3.1 of the Analysis). An MCP scale can be read to the hundredth of
a kilogram, providing higher precision than the tenth of a kilogram
reading obtained by the NMFS-issued brass scales or hanging Salter
scale (see Section 2.2.3.1 of Analysis). Like all scales used by
observers, an MCP scale must be selected from the list of approved
scales published by NMFS Alaska Region (<a href="https://www.fisheries.noaa.gov/alaska/resources-fishing/scales-approved-use-sea">https://www.fisheries.noaa.gov/alaska/resources-fishing/scales-approved-use-sea</a>). This option could be
selected by obtaining an Observer Sampling Station Inspection Report as
detailed in Sec. 679.28(d)(10)(iii), and the MCP scale would remain in
place for the 12-month duration approved in the Observer Sampling
Station Inspection Report.
At-Sea Catch Weighing Option
This proposed rule includes proposed regulations at Sec. 679.101
to authorize use of a motion-compensated, NMFS-approved total weight
scale, such as a flow or hopper scale, to measure total catch of
Pacific cod, in conjunction with an MCP scale for testing, electronic
logbook, and video monitoring. This would authorize the use of a
motion-compensated, NMFS-approved scale to measure total catch of
Pacific cod weight, which may include flow scales or hopper scales
certified on a case-by-case basis (see Section 2.2.3.2 of Analysis).
Use of a NMFS-approved scale to measure total catch of Pacific cod
would simplify observer data collection of Pacific cod total haul
weights on pot CP vessels and improve precision of catch estimates.
Installation of a NMFS-approved scale can be costly, and therefore this
proposed rule includes regulations that would apply if a vessel chooses
to install this NMFS-approved MCP scale. With proper maintenance and
testing, these types of haul-level measurements eliminate the
uncertainty involved in estimating total catch using a randomized
sample approach. If vessel operators choose to acquire such scales,
they would be required to be maintained in accordance with the scale
requirements at
[[Page 43076]]
Sec. 679.28(b) to ensure data quality. These requirements include an
initial inspection, followed by annual re-inspections by a NMFS-staff
scale inspector. Additionally, daily testing by the vessel operator in
the presence of an observer would be required for each calendar day the
scale is used at sea. In this testing, scales must perform within 3
percent of test weights using a NMFS-approved and certified MCP scale.
(Also see additional description of this testing under the discussion
of option 1 of element 3 in the Analysis.) Finally, vessels choosing
this option would be required to record test results through an
electronic logbook, and use video to monitor the flow of catch and
ensure no scale tampering has occurred; these recording and monitoring
requirements would be similar to the requirements of the BSAI Pacific
cod hook-and-line fishery (79 FR 68610, November 18, 2014). This option
could be selected by obtaining a Scale Inspection Report as detailed in
Sec. 679.28(b)(2)(vii) and if selected, the option would remain in
place for the 12-month duration approved in the Scale Inspection
Report.
Additional Observer Option
This proposed rule, if adopted, would add language in subsection
(c) of new Sec. 679.101 and in Sec. 679.51(a)(2)(vi) to authorize a
vessel to choose to carry additional onboard observers. Carrying an
additional observer could reduce the likelihood of data loss. The
addition of observers may reduce observer workload and could allow
observers to support and advise each other about their collection
duties, and, therefore, potentially could lead to fewer data collection
errors and to an increase the amount of samples conducted. This option
is already allowed under existing monitoring provisions (Sec. 679.51)
that allow a vessel to choose to contract with an observer provider to
carry more than one observer. This proposed rule, if adopted, would add
provisions that expressly authorize and apply to the practice of
voluntarily adding observers. If a vessel chooses this option, one
observer would be required to meet the Level 2 endorsement requirement
in this proposed rule.
Classification
NMFS is issuing this proposed rule pursuant to section 304(b)(1)(A)
and 305(d) of the Magnuson-Stevens Act. This proposed action is
necessary for implementation of the BSAI FMP because the monitoring
requirements in this action are expected to improve the quality of the
data that is needed to administer the fishery management programs
implemented under this FMP. 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 laws,
subject to further consideration of comments received during the public
comment period.
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866.
A Regulatory Impact Review (RIR or Analysis) was prepared to assess
the costs and benefits of available regulatory alternatives. A copy of
this Analysis is available from NMFS (see ADDRESSES). NMFS is
recommending this proposed rule based on those measures that maximize
net benefits to the Nation.
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.
The factual basis for this determination is described as follows.
This proposed rule, if adopted, would directly regulate the owners and
operators of CPs participating in BSAI groundfish fisheries using pot
gear. This action would require participants to carry at least one
Level 2 observer deployed at all times, and would require participants
to comply with pre-cruise meeting notifications. This action also would
require certification and testing standards for participants choosing
any of the following additional, voluntary monitoring options:
providing observer sampling stations, installing motion-compensated
platform and flow scales, and carrying additional observers on vessel.
For Regulatory Flexibility Act (RFA) purposes only, the National Marine
Fisheries Service (NMFS) established a small business size standard for
businesses, including their affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2). A business primarily engaged in
commercial fishing (NAICS code 11411) 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 less than $11 million for all its affiliated operations
worldwide. The RFA also requires consideration of affiliations between
entities for the purpose of assessing whether an entity is classified
as small. If business entities are affiliated, then the threshold for
identifying small entities is applied to the group of affiliated
entities rather than on an individual entity basis. NMFS has determined
that vessels that are members of a fishing cooperative are affiliated
when classifying them for purposes of the RFA.
Of the six active vessels that held LLP licenses endorsed for
Pacific cod CP pot landings in 2021, five vessels were affiliated with
either a Bering Sea Crab Rationalization Program Cooperative or the
Freezer Longline Conservation Cooperative. All of those cooperatives
have 5-year (2017-2021) average gross annual revenues greater than $11
million, and would therefore not be considered small entities for RFA
purposes. The remaining vessel that was not affiliated with a fishing
cooperative was affiliated with additional vessels, and the combined
annual receipts of all of the affiliated vessels (using an average
aggregated over the 5-year period of 2017-2021) exceeded the $11
million threshold and therefore is not considered a small entity under
the RFA.
Based on this analysis, NMFS has determined there are no small
entities affected by this proposed rule. Therefore, this action 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.
Collection-of-Information Requirements
This proposed rule contains collection-of-information requirements
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA). This proposed rule, if
adopted, would revise existing collection-of-information requirements
for OMB Control Number 0648-0318 (North Pacific Observer Program), and
revise and extend for 3 years existing collection-of-information
requirements for OMB Control Numbers 0648-0330 (NMFS Alaska Region
Scale and Catch Weighing Requirements) and 0648-0515 (Alaska
Interagency Electronic Reporting System). However, because the
collection of information authorized by 0648-0318 is concurrently being
revised by a separate action, the revision to that collection of
information for this proposed rule will be assigned a temporary control
number that will later be merged into 0648-0318. The public reporting
burden estimates for the collection-of-information requirements
provided below include the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information.
[[Page 43077]]
OMB Control Number 0648--TEMPORARY
This proposed rule, if adopted, would revise the collection of
information under OMB Control Number 0648-0318, associated with the
North Pacific Observer Program. Due to a concurrent action for this
collection, the collection-of-information requirements will be assigned
a temporary control number that will later be merged into this control
number. This proposed rule, if adopted, would require that the North
Pacific Observer Program be notified by phone at least 24 hours prior
to departure when a vessel will carry an observer who has not deployed
on that vessel in the past 12 months. The public reporting burden per
notification to the North Pacific Observer Program by phone is
estimated to be 5 minutes.
OMB Control Number 0648-0330
NMFS proposes to revise and extend by 3 years the existing
requirements for OMB Control Number 0648-0330. This collection contains
catch weighing and monitoring requirements for catch share programs in
the BSAI and Gulf of Alaska. This collection would be revised to
include two of the voluntary monitoring options for BSAI pot CPs: the
option to provide a certified observer sampling station with a NMFS-
approved MCP scale for observer use; and the option to install a
motion-compensated, NMFS-approved scale to measure the total catch of
Pacific cod, in conjunction with an MCP scale for testing and video
monitoring. This proposed rule would require testing and inspections of
the observer sampling station and NMFS-approved scales. This proposed
rule would not change the public reporting burdens for the collection-
of-information requirements under this control number. The public
reporting burden per individual response is estimated to average 10
minutes for the inspection request form for observer sampling stations,
at-sea scales, and video monitoring systems; 1 minute for maintenance
of observer sampling stations; 1 minute each for maintenance for hopper
and flow scales; 2 minutes for observer notification of daily scale
tests; 10 minutes each for the recording of daily flow scale tests and
recording of daily hopper scale tests; 1 minute each for printed
reports of catch and cumulative weight, the audit trail, the
calibration log, and the fault log; 12 hours for installation of the
video monitoring system; 1 minute for maintenance of the video
monitoring system; 2 hours to submit the video monitoring data; 10
minutes for notification of the Pacific cod monitoring option; 40 hours
for the catch monitoring and control plan; and 16 hours for the crab
monitoring plan.
OMB Control Number 0648-0515
NMFS proposes to revise and extend by 3 years the existing
requirements for OMB Control Number 0648-0515. This collection contains
the landing reports, production reports, and logbooks submitted through
the Alaska Interagency Electronic Reporting System, which provides the
Alaska fishing industry with a consolidated, electronic means of
reporting commercial fish and shellfish information to multiple
management agencies through a single reporting system. This collection
would be revised because one of the voluntary monitoring options would
require use of an electronic logbook. This proposed rule, if adopted,
would not change the public reporting burdens for the collection-of-
information requirements under this control number. The public
reporting burden per individual response is estimated to average 15
minutes for the electronic logbooks, 15 minutes to register for
eLandings, 10 minutes for the shoreside processor production report, 20
minutes for the at-sea production report, 10 minutes for the mothership
landing report, 20 minutes for the out-of-state landing report, 30
minutes each for the shoreside processors landing report and the
catcher/processor landing report, 35 minutes for the tender landing
report, and 1 hour each for the registered buyer landing report for
individual fishing quota (IFQ)/community development quota (CDQ) and
the registered crab receiver landing report for IFQ/CDQ.
Public Comment on Collection-of-Information Requirements
NMFS seeks public comment regarding the following: (1) 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; (2) the accuracy of the
burden estimate; (3) ways to enhance the quality, utility, and clarity
of the information to be collected; and (4) 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
collections of information to NMFS Alaska Region (see ADDRESSES), or at
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
Notwithstanding any other provision of law, no person is required
to respond to, and no person shall be subject to 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 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: June 29, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 679 as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447; Pub. L. 111-281.
0
2. Amend Sec. 679.51, by adding paragraph (a)(2)(vi)(G) to read as
follows:
Sec. 679.51 Observer and Electronic Monitoring System requirements
for vessels and plants.
(a) * * *
(2) * * *
(vi) * * *
(G) Catcher/processors using pot gear for groundfish fishing. A
catcher/processor subject to Sec. 679.101(a) must comply with the
following observer coverage requirements:
(1) Observer coverage. A catcher/processor must have aboard at
least one Level 2 observer, as defined in Sec. 679.53(a)(5)(iv).
(2) Increased observer coverage option. A catcher/processor may
carry more than one observer. A vessel choosing this option must have
aboard at least one Level 2 observer as described in paragraph
(a)(2)(vi)(G)(1) of this section.
* * * * *
Sec. 679.53 [Amended]
0
3. Amend Sec. 679.53, by removing in paragraph (a)(5)(iv) introductory
text the phrase ``Sec. 679.51(a)(2)(vi)(A) through (E)'' and adding,
in its place the phrase, ``Sec. 679.51(a)(2)(vi)(A) through (G).''
0
4. In part 679, revise the heading of subpart I to read as follows:
[[Page 43078]]
Subpart I--Additional Equipment and Operational Requirements for
Motherships and Catcher/Processors
0
5. Amend Sec. 679.100 by revising the section heading, the
introductory paragraph, paragraph (a), and the introductory text of
paragraph (b) to read as follows:
Sec. 679.100 Longline Catcher/Processor Subsector.
The owner and operator of a vessel named on an LLP license with a
Pacific cod catcher/processor hook-and-line endorsement for the Bering
Sea, Aleutian Islands or both the Bering Sea and Aleutian Islands
subareas (BSAI) must comply with the requirements of this section.
(a) Opt out selection. Each year, the owner of a vessel subject to
this section who does not intend to directed fish for Pacific cod in
the BSAI or conduct groundfish CDQ fishing at any time during a year
may, by November 1 of the year prior to fishing, submit to NMFS a
completed notification form to opt out of directed fishing for Pacific
cod in the BSAI and groundfish CDQ fishing in the upcoming year. The
notification form is available on the NMFS Alaska Region website
(<a href="https://alaskafisheries.noaa.gov/">https://alaskafisheries.noaa.gov/</a>). Once the vessel owner has selected
to opt out, the owner must ensure that the vessel is not used as a
catcher/processor to conduct directed fishing for Pacific cod with
hook-and-line gear in the BSAI or to conduct groundfish CDQ fishing
during the specified year.
(b) Monitoring option selection. The owner of a vessel subject to
this section that does not opt out under paragraph (a) of this section
must submit a completed notification form for one of two monitoring
options to NMFS. The notification form is available on the NMFS Alaska
Region website (<a href="https://alaskafisheries.noaa.gov/">https://alaskafisheries.noaa.gov/</a>). The vessel owner
must comply with the selected monitoring option at all times when the
vessel is operating in either the BSAI or GOA groundfish fisheries when
directed fishing for Pacific cod is open in the BSAI, or while the
vessel is groundfish CDQ fishing. If NMFS does not receive a
notification to opt out or a notification for one of the two monitoring
options, NMFS will assign that vessel to the increased observer
coverage option under paragraph (b)(1) of this section until the
notification form has been received by NMFS.
* * * * *
0
6. In subpart I, add Sec. 679.101 to read as follows:
Sec. 679.101 Catcher/processors using pot gear for groundfish
fishing.
(a) Applicability. The owner and operator of a vessel named on an
LLP license with a Pacific cod catcher/processor pot gear endorsement
for the Bering Sea, Aleutian Islands or both the Bering Sea and
Aleutian Islands subareas (BSAI) must comply with the requirements of
this section when using pot gear for groundfish fishing as a catcher/
processor in the Bering Sea or Aleutian Islands.
(b) Pre-cruise meeting. The Observer Program must be notified by
phone at 1 (907) 581-2060 (Dutch Harbor, AK) or 1 (907) 481-1770
(Kodiak, AK) at least 24 hours prior to departure when the vessel will
be carrying an observer who has not previously been deployed on that
vessel within the last 12 months. Subsequent to the vessel's departure
notification, but prior to departure, NMFS may contact the vessel to
arrange for a pre-cruise meeting. If requested by NMFS, the pre-cruise
meeting must minimally include the vessel operator or manager and any
observers assigned to the vessel.
(c) Additional monitoring options. The owner or operator of a
vessel subject to this section may choose any, all, or none of the
following monitoring options described in paragraphs (c)(1) through (3)
of this section. Should an owner or operator choose any of these
monitoring options, the owner and operator must comply with the
applicable requirements described in paragraphs (c)(1) through (3) of
this section.
(1) Observer sampling station option. Under this option, an
observer sampling station meeting the requirements at Sec. 679.28(d),
unless otherwise approved by NMFS, must be provided for observer use.
This option is selected by obtaining an Observer Sampling Station
Inspection Report as detailed in Sec. 679.28(d)(10)(iii) and will
remain in place for the 12-month duration approved in the Observer
Sampling Station Inspection Report.
(2) Increased observer coverage option. Under this option, if two
observers are aboard the vessel meeting the requirements at Sec.
679.51(a)(2)(vi)(G)(2), at least one of the observers must be endorsed
as a Level 2 observer in accordance with Sec. 679.53(a)(5)(iv).
(3) NMFS-approved total catch weighing scales option. Under this
option, a vessel owner and operator may install a NMFS-approved scale
for weighing total catch of Pacific cod. This option is selected by
obtaining a Scale Inspection Report as detailed in Sec.
679.28(b)(2)(vii) and will remain in place for the 12-month duration
approved in the Scale Inspection Report. Under this option--
(i) A vessel owner and operator with an approved Scale Inspection
Report must ensure that--
(A) All Pacific cod brought on board the vessel is weighed on a
NMFS-approved scale in compliance with the scale requirements at Sec.
679.28(b), and that each set is weighed and recorded separately.
(B) The vessel is in compliance with the video monitoring
requirements described at Sec. 679.28(k).
(C) The vessel is in compliance with the requirements for
electronic logbooks at Sec. 679.5(f) at all times during that year.
(ii) [Reserved]
Sec. 679.120 [Redesignated as Sec. 679.102 and Amended]
0
7. Redesignate Sec. 679.120 of Subpart K to Sec. 679.102 of Subpart
I, and remove all references to ``Sec. 679.120'' and adding, in their
place, ``Sec. 679.102'' in the following places:
0
a. Sec. 679.2;
0
b. Sec. 679.7(e)(1), (2), (3), and (10);
0
c. Sec. 679.28(d)(9), (d)(10)(iii)(A), and (l);
0
d. Sec. 679.32(c)(3)(i)(C)(4);
0
e. Sec. 679.51(a)(2)(vi)(F);
0
f. Sec. 679.63(a)(1);
0
g. Sec. 679.84(c)(1); and
0
h. Sec. 679.93(c)(1).
Subpart K [Reserved]
0
8. Reserve subpart K.
[FR Doc. 2023-14174 Filed 7-5-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 6, 2023.
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.