Proposed Rule2023-15574
Fisheries Off West Coast States; West Coast Groundfish Electronic Monitoring Program; Service Provider Revisions
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Published
July 26, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes regulatory amendments that would apply to Pacific Coast Groundfish Trawl Rationalization Program participants and electronic monitoring (EM) service providers that participate in the EM program. This rulemaking proposes to modify submission deadlines in Federal regulations specific to vessel feedback reports, summary reports, and logbook submissions by EM service providers. In addition, this rulemaking proposes to clarify regulations on how EM discard data should be estimated via the video review process. This action is necessary because the current regulatory deadlines for EM service providers may be too restrictive. This action is expected to provide more flexibility, while still meeting the data collection and data quality requirements of the EM program. This action would also update and revise obsolete regulations, correct terminology, correct web addresses, and remove obsolete administrative requirements in the Pacific groundfish fishery. Some aspects of this action remove duplicative requirements for mail notifications or mail-based record- keeping and reporting, which are also undertaken electronically. During the COVID-19 pandemic, many administrative notifications and reporting requirements were moved to electronic methods; this action would revise the regulations to be consistent with current practice. This action is intended to support the overarching goal to continually monitor the Groundfish Trawl Rationalization Program for compliance with existing regulations in an economical and flexible manner while meeting the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; MSA), the Pacific Coast Groundfish Fishery Management Plan, and other applicable laws.
Full Text
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<title>Federal Register, Volume 88 Issue 142 (Wednesday, July 26, 2023)</title>
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[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Proposed Rules]
[Pages 48180-48186]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15574]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 230718-0170]
RIN 0648-BM29
Fisheries Off West Coast States; West Coast Groundfish Electronic
Monitoring Program; Service Provider Revisions
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 amendments that would apply to
Pacific Coast Groundfish Trawl Rationalization Program participants and
electronic monitoring (EM) service providers that participate in the EM
program. This rulemaking proposes to modify submission deadlines in
Federal regulations specific to vessel feedback reports, summary
reports, and logbook submissions by EM service providers. In addition,
this rulemaking proposes to clarify regulations on how EM discard data
should be estimated via the video review process. This action is
necessary because the current regulatory deadlines for EM service
providers may be too restrictive. This action is expected to provide
more flexibility, while still meeting the data collection and data
quality requirements of the EM program. This action would also update
and revise obsolete regulations, correct terminology, correct web
addresses, and remove obsolete administrative requirements in the
Pacific groundfish fishery. Some aspects of this action remove
duplicative requirements for mail notifications or mail-based record-
keeping and reporting, which are also undertaken electronically. During
the COVID-19 pandemic, many
[[Page 48181]]
administrative notifications and reporting requirements were moved to
electronic methods; this action would revise the regulations to be
consistent with current practice. This action is intended to support
the overarching goal to continually monitor the Groundfish Trawl
Rationalization Program for compliance with existing regulations in an
economical and flexible manner while meeting the goals and objectives
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act; MSA), the Pacific Coast Groundfish Fishery
Management Plan, and other applicable laws.
DATES: Comments must be received by Friday, August 25, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0062 by any of the following methods:
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-2023-0062 in
the Search box, click the ``Comment'' icon, complete the required
fields, and enter or attach your comments.
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="https://www.regulations.gov">https://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 Access
This proposed rule is accessible at the Office of the Federal
Register website at <a href="https://www.federalregister.gov">https://www.federalregister.gov</a>. Background
information and analytical documents (Analysis) are available at the
NMFS West Coast Region website at: <a href="https://www.fisheries.noaa.gov/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a>-groundfish.html and at the Pacific Fishery Management
Council's website at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>.
FOR FURTHER INFORMATION CONTACT: Abbie Moyer, phone: 206-305-9601, or
email: <a href="/cdn-cgi/l/email-protection#fe9f9c9c979bd09391879b8cbe90919f9fd0999188"><span class="__cf_email__" data-cfemail="127370707b773c7f7d6b7760527c7d73733c757d64">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Authority for Action
NMFS and the Pacific Fishery Management Council (Council) manage
the groundfish fisheries in the exclusive economic zone seaward of
California, Oregon, and Washington under the Pacific Coast Groundfish
Fishery Management Plan (FMP). The Council prepared the FMP under the
authority of the MSA (16 U.S.C. 1801 et seq.). Regulations governing
U.S. fisheries and implementing the FMP appear at 50 CFR part 660.
Background
Through Amendment 18 to the FMP (71 FR 66122, December 13, 2006),
electronic monitoring was authorized in the FMP as an alternative to
human data collection systems, where appropriate (see Section 6.4.1.1
of the FMP). On June 28, 2019 (84 FR 31146), at the recommendation of
the Pacific Fishery Management Council (Council), NMFS published a
final rule that authorized the use of EM in place of human observers to
meet requirements for 100-percent at-sea monitoring for catcher vessels
in the Pacific whiting fishery and fixed gear vessels in the shorebased
Individual Fishing Quota (IFQ) fishery. EM video systems are used to
record catch and discards by the vessel crew while at sea. Vessel
operators are responsible for recording catch and discards in a
logbook, which is then used to debit IFQ accounts and cooperative
allocations. After an EM vessel completes a fishing trip, the vessel
operator submits the video to their third-party EM service provider for
analysis to be used to audit the vessel operator's self-reported
discard logbooks. The June 2019 final rule also established
requirements for vessel owners and operators and EM service providers
participating in the EM program, and for first receivers receiving
catch from EM trips. For more information see 84 FR 31146 (June 28,
2019).
At its June 2020 meeting, the Council recommended a delay in
program implementation until January 1, 2022. The Council wanted to
provide more time for industry and the Pacific States Marine Fisheries
Commission (PSMFC) to develop a model for industry to fund PSMFC for
review of video from their fishing trips. NMFS published a subsequent
proposed rule (85 FR 53313, August 28, 2020) and final rule (85 FR
74614, November 23, 2020) that delayed implementation of the EM program
until January 1, 2022 to provide additional time for industry and
prospective service providers to prepare for implementation.
At its September 2021 meeting, the Council made a final
recommendation that the EM program be further delayed until January
2024 at the earliest. NMFS published an interim final rule on October
6, 2021 (86 FR 55525) that changed effective dates in regulations in
order to delay implementation of the EM program for the West Coast
groundfish trawl rationalization program until at least January 1,
2024, and only after NMFS issues a public notice at least 90 calendar
days before it will begin accepting applications for EM Authorizations
for the first year of the program. To fulfill the requirements at 50
CFR 660.603(b) and 660.604(e), NMFS issued the 90-day notice on March
1, 2023, at <a href="https://www.fisheries.noaa.gov/bulletin/advance-notice-electronic-monitoring-regulatory-program">https://www.fisheries.noaa.gov/bulletin/advance-notice-electronic-monitoring-regulatory-program</a>. For full rationale see 86 FR
55525 (October 6, 2021).
During the delay in implementation of the EM program, NMFS
published a final rule on October 3, 2022, (87 FR 59705) to allow the
use of EM on trips with bottom-trawl and non-whiting midwater trawl
gear. Consistent with the October 6, 2021 interim final rule (86 FR
55525) and the subsequently issued public notice identified above, the
EM program for these trip types will be effective on January 1, 2024.
In addition, the October 3, 2022 final rule made minor regulatory
changes to existing EM program regulations implemented under the June
2019 final rule. The regulatory changes were intended to clarify and
streamline EM program requirements, including the addition of
submission deadlines for EM service providers to provide feedback
reports to fishing vessels, and video review data summary reports as
well as logbook data to NMFS. The full rationale for the Council's
recommendation is detailed in the March 1, 2022 proposed rule for that
action (87 FR 11382), and is not repeated here.
Under regulations at 50 CFR 660.603, EM service providers are
responsible for providing various feedback reports to vessel operators
and field services staff and data summaries to NMFS. These reports
include logbook data, technical assistance, vessel operator feedback,
EM summary data, and compliance reports. Generally, catch discards are
initially debited from vessel accounts in the IFQ database using
logbook data, and discards in logbooks are audited using EM data. IFQ
vessel accounts are adjusted based on comparison/adjustment protocols
that utilize the most accurate estimate.
Currently, the fishery continues under Exempted Fishing Permits
(EFPs) with PSMFC conducting the video review process for the industry
and following the video review protocols and submission deadlines
outlined in the
[[Page 48182]]
current EM manual (or other written and oral instructions provided by
the EM program, and such that the EM program achieves its purpose as
defined at Sec. 660.600(b)). However, timely review and submission of
the data has been challenging for PSMFC, and the delay in submissions
has caused concern among the industry regarding the potential increase
in costs associated with increasing the amount of personnel that may be
needed to meet the video review workload and deadlines. Therefore, the
Council examined the EM program and this issue in particular to reduce
costs to the industry and ensure the overall program is effective and
efficient for all participants.
Starting in February of 2022, the Council began scoping several
issues brought forth by the industry via the Council's Ad Hoc
Groundfish Electronic Monitoring Policy Advisory and Technical Advisory
Committees (GEMPAC/TAC). The GEMPAC/TAC identified regulatory changes
that may provide some cost savings and more efficiencies to the
program. At the November 2022 Council meeting, the Council adopted a
range of alternatives for consideration, and took final action at its
March 2023 meeting. Consistent with MSA Section 303(c)(2), on July 5,
2023, the Council deemed the proposed regulations necessary and
appropriate to implement the FMP provision authorizing the use of EM.
Regulatory Changes To Refine Existing EM Program
The regulatory changes described below were developed through
Council discussion with NMFS, the GEMPAC/TAC, and members of industry.
The Council's intent in developing these regulatory changes is to
refine and clarify certain EM program requirements, reduce costs, and
improve the effectiveness of the EM program overall in meeting its
intended monitoring goals for the Trawl Rationalization Program. This
would be achieved by increasing the allowable turnaround times and
clarifying that different service providers may follow different video
review protocols (as long as they are approved by NMFS and meet the EM
program purpose as defined at Sec. 660.600(b)) rather than a protocol
that is standardized across service providers.
Reporting Deadlines for EM Service Providers
The following proposed regulatory changes would modify deadlines
for various reports that EM service providers are required to submit
under current regulations. These submission deadlines are for reports
of logbook data, vessel operator feedback, and EM summary and data
compliance reports. Submission of this information by EM service
providers has been required in regulations as of June 2019; however,
deadlines for the submission of these reports were not originally
included. Under the final rule that was effective November 2, 2022 (87
FR 59705), NMFS established submission deadlines for these required EM
service provider reports. This proposed rule, if adopted, would modify
some of the established submission deadlines that have been identified
as being too restrictive, in order to create possible cost savings and
more efficiencies in the program.
A. Discard Logbooks
Under current regulations at 50 CFR 660.603(m)(5), EM service
providers are required to submit the initial logbook data to NMFS
within 2 days of receipt from vessel operators. This proposed
regulatory change would require EM service providers to submit logbook
data to NMFS within 7 days of receipt from vessel operators. EM
participants and their EM service providers must submit logbooks to
document fishing trips and ensure all fish that are legally discarded
are accounted for under the IFQ program. The data is used initially to
debit quota share accounts before it is corroborated with the EM
review. This deadline would still help to ensure timely debiting of
discards from vessel IFQ accounts.
The 2-day timeline for the data to be entered, verified as
accurate, and then submitted to NMFS has been challenging to meet when
several vessels submit logbooks at one time. According to PSMFC,
however, logbook data submissions have rarely exceeded 7 days.
Therefore, this proposed rule was recommended by the Council to provide
more flexibility to EM service providers to be able to meet the
deadline while still ensuring timely debiting of discards from vessel
IFQ accounts. The frequency of vessel account updates is not expected
to measurably change due to the additional 5 business days that EM
service providers would be allowed to submit logbook data to NMFS.
Actual logbook submission timeframes are expected to generally stay the
same, with only occasional delays when a provider may happen to receive
several logbooks at the same time.
B. Vessel Feedback Reports
Under current regulations at 50 CFR 660.603(m)(4), EM service
providers are required to provide feedback reports to vessel operators
and field services staff within 3 weeks of the date EM data is received
from the vessel operator. Feedback is required on EM systems, crew
responsibilities, and any other information that would improve the
quality and effectiveness of data collection on the vessel. This
proposed regulatory change would require EM service provider feedback
to be submitted to vessels within 60 days of the date EM data is
received from the vessel operator.
Timely feedback to vessels helps ensure EM data is being collected
and that the data is reliable in meeting the EM program monitoring
goals under the Trawl Rationalization Program. When the original
deadline was developed, it was thought that 3 weeks was a reasonable
timeframe to complete video review. However, as the program developed
and more vessels joined the EFP program, video coming in for review
increased. With the increase in video requiring review, over time
vessel feedback turnaround time increased beyond the targeted 3-week
turnaround time, up to 90 days in recent years. As the Analysis (see
ADDRESSES) shows, reporting timelines have ranged from less than 21
days after receipt of the hard drive in 2015 through 2017, to 1 to 2
months and even greater during periods of higher fishing activity in
2019 to 2020. Despite these delays, there were no observable impacts to
the EM program monitoring goals under the Trawl Rationalization
Program.
Under this proposed rule, EM program participants could experience
longer timelines between video submission and receipt of vessel
feedback reports. Longer time frames may cause a delay in corrective
actions when data collection issues arise and are not known by the
vessel operator (i.e., sensor or video data gaps, camera blocked/
clouded, poor camera position, etc.) resulting in loss of data.
However, data gaps resulting from system malfunctions, non-compliance,
or other issues are rare. As shown in the Analysis, in 2015-2017 (when
turnaround times were 3 weeks), approximately 5, 3, and 4 percent of
trips per year, respectively, had loss in video imagery. The majority
of these were small interruptions of a few minutes caused by short
power interruptions and generally did not disrupt monitoring of catch
sorting. A total of four trips each year (less than 0.01 percent of all
trips) were missing video imagery from a complete haul, and one, four,
and seven trips each year, respectively, had no imagery at all.
Extending the timeline for submission is expected to provide more
flexibility to handle times when hard drive submissions to EM service
providers
[[Page 48183]]
come in all at once, especially during increased fishing activity in
the summer and early fall. Additionally, a 60-day turnaround time is
expected to help EM service providers to provide more reliable reports
because they will not be rushed into meeting challenging deadlines.
C. EM Summary Data and Compliance Reports
Current regulations at 50 CFR 660.603(m)(5) require EM service
providers to submit EM summary data and compliance reports to NMFS
following completion of video review within 3 weeks from the date the
vessel operator submits EM data. EM summary data includes discard
estimates, fishing activity information, and trip metadata. This
proposed regulatory change would require these summary and compliance
reports to be submitted to NMFS within 60 days from the date the vessel
operator submits EM data for processing. EM summary data and compliance
reports are used by NMFS to debit vessel accounts, monitor program and
vessel performance, and enforce requirements of the EM program. Trip
metadata is an essential record of when and where EM data were created
by the vessel, submission time, date and location of review, and points
of contact for reviewers. Trip metadata ensures fishing data can be
accurately corroborated with logbook data and is necessary for a
complete chain of custody and accountability between the vessel, EM
service provider, and NMFS. Catch discards are initially debited from
vessel accounts in the IFQ database using logbook data and audited
using EM data. If there are large discrepancies between the logbook and
EM summary data, then a longer reporting timeline could lead to vessel
account owners experiencing unexpected debits or being unable to
``close-out'' an account for a fishing trip until the EM data are
received.
As discussed above, when the original deadline was developed, it
was thought that 3 weeks was a reasonable timeframe to complete video
review. However, as the program developed and more vessels joined the
EFP program, the amount of video coming in for review increased. As
hard drive submissions increased each year, it became challenging to
conduct 100 percent of the reviews within a 3-week timeframe under the
current number of staff, with higher volumes of hard drives to review
in late spring through fall. If the current requirements are to be met
without increasing costs to handle peaks and pulses of hard drive
submission, more time for EM service providers to process the EM data
may be needed. Extending the timeline for submission is expected to
provide more flexibility to handle times when hard drive submissions to
EM service providers come in all at once. This could also allow EM
service providers to provide more accurate estimated costs to potential
EM participants via estimating video review workload (i.e., number of
employees needed to provide timely review). Additionally, a 60-day
turnaround time is expected to help EM service providers to provide
more reliable reports because they will not be rushed into meeting
challenging deadlines.
Part of the goal of the Trawl Rationalization Program under
Amendment 20 to the FMP (75 FR 78344, December 15, 2010) is to achieve
individual accountability of catch and bycatch. The proposed rule is
not expected to interfere with this goal. Under the proposed rule, the
EM program would continue to provide estimates of discards of IFQ
species, which is necessary for maintaining accountability for total
mortality of these species, as well as individual IFQ and cooperative
allocations. Under the Trawl Rationalization Program, vessels are
required to have IFQ or quota pounds (QPs) in an account to cover all
IFQ landings and discards incurred while fishing under this program.
The proposed rule would not change this requirement. Fishermen would
still be accountable for covering QPs. NMFS assumes fishermen would
continue to closely monitor their catch to prevent any surprise
overages or deficits, which could shorten their fishing season or
increase their costs if they had to buy additional quota from other
quota holders. Additionally, overages and carryover provisions as
outlined in Amendment 20 would still exist. So although an overage may
occur as a result of delayed data, the vessel would still be
responsible to cover that QP, creating an even greater incentive to
closely monitor catch.
Revise EM Discard Data Review Language
The language in current regulations at 50 CFR 660.603(m)(1) reads:
``The EM service provider must process vessels' EM data and logbooks
according to a prescribed coverage level or sampling scheme, as
specified by NMFS in consultation with the Council, and determine an
estimate of discards for each trip using standardized estimation
methods specified by NMFS. NMFS will maintain manuals for EM and
logbook data processing protocols on its website.'' This proposed
regulatory change would remove the paragraph. The relevant information
is already provided in 660.603(m) introductory paragraph and 50 CFR
660.603(m)(5). The intent of the structure of the EM Program is that
the requirements to submit logbook data, EM summary reports, including
discard estimates, fishing activity information, and meta data (e.g.,
image quality, reviewer name), and incident reports of compliance
issues according to a NMFS-accepted EM Service Plan are required in the
regulations. The submission must meet the program purpose, as defined
in the regulations at 50 CFR 660.600(b). However, the details of how
that data is processed, viewed, and evaluated are left to the EM Manual
and EM Service Provider Guidelines or other written and oral
instructions provided by the EM program.
The intent of the existing regulatory language was to guide each
qualified provider to develop a method for discard estimation using
general protocols outlined in the EM Manual that provides NMFS the
desired data and for NMFS to determine if the data is collected
consistently and appropriately by each EM service provider such that it
meets the purpose of the EM program. However, the existing regulatory
language could be interpreted that only one method must be used by all
EM providers to ``determine an estimate of discards for each trip.'' In
addition, the current regulatory language is incorrect since it
specifies EM service providers need to determine an estimate of
discards for each trip. Rather, the estimation method outlined in the
EM Manual requires sampling percentages to be based on the hauls for
each trip. Given the potential for confusion, and because the
introductory paragraph of 50 CFR 660.603(m) and 50 CFR 660.603(m)(5)
already identify submission requirements, we believe that removal,
rather than revision, of 660.603(m)(1) is preferable.
Under the proposed rule, EM service providers would still be
required to operate under a NMFS approved service plan (50 CFR
660.603(b)(1)(vii)) that shows how their methodology meets the
requirements in the regulations. This proposed rule, if adopted, would
also ensure performance standards provide the flexibility that allows
for innovation and improvements that can potentially result in lower
costs and greater benefits while still maintaining data quality and
meeting the requirements in regulation and the overall purpose of the
EM program.
The EM program was set up to maintain high quality information on
discards of IFQ species for management
[[Page 48184]]
decisions, while minimizing the costs of data collection requirements,
consistent with National Standards 2 and 7 of the MSA. While EM cannot
collect all the information collected by human observers, NMFS and the
Council made every effort to ensure consistent protocols between the
human observer and EM programs, to ensure comparable quality, and allow
their integration for management. To ensure that the EM Program
continues to provide NMFS with the best scientific information
available for management, NMFS and the Council established strict
performance standards in the regulations for EM units, vessels, and
providers. This proposed rule, if issued, would not change those
performance standards established via rulemakings.
Administrative Revisions
This proposed rule, if adopted, would also update and revise
obsolete regulations, correct terminology, correct web addresses, and
remove obsolete administrative requirements for the groundfish fishery.
Some aspects of this action remove duplicative requirements for mail
notifications or mail-based record-keeping and reporting, which are
also undertaken electronically. During the COVID-19 pandemic, many
administrative notifications and reporting requirements were moved to
electronic methods; this action would revise the regulations to be
consistent with current practice.
This proposed rule, if issued, would also remove the requirement at
Sec. 660.140(f)(3) for NMFS to issue an initial agency determination
(IAD) for both approvals and disapprovals of applications. In all other
application procedures described in regulation, IADs are only issued in
the case of a disapproval. IADs are unnecessary for approvals since the
confirmation of the approval is the issuance of the permit that was
applied for. Additionally, IADs can be appealed. There is no reason to
appeal an IAD approving an application.
This proposed rule, if adopted, would remove the requirement for
cease-fishing reports for both the Mothership (MS) and Catcher/
Processor (C/P) cooperatives. Amendment 21-4 to the FMP (42 FR 68799,
December 17, 2019) completed the removal of the allocations of non-
whiting groundfish species made as part of Amendment 21 to the FMP (75
FR 60867, October 1, 2010) and instead created set-asides in the at-sea
sectors (the MS and C/P cooperatives). With the removal of allocations
for non-whiting groundfish to the at-sea sectors, procedures for
reapportionment of non-whiting groundfish species allocations between
the MS and C/P cooperatives were removed. Erroneously, a record-keeping
and reporting requirement only necessary for this reapportionment was
not removed.
This proposed rule, if adopted, would modify the current
requirements under the Trawl Rationalization Program for NMFS to mail
out annual reminders to fishery participants to renew their quota share
permits, their vessel accounts, and their first receiver site licenses.
During the COVID-19 global pandemic, we transitioned these reminders to
an electronic format. This proposed rule would revise the regulations
to be consistent with current practice.
Finally, this proposed rule, if adopted, would make a number of
minor clarifying corrections. In many places in the regulations
governing the Pacific Coast groundfish fisheries, the term
`cooperative' is abbreviated to `coop', rather than `co-op'. This
proposed rule would correct the abbreviation throughout this Part. This
proposed rule would also correct obsolete web addresses and outdated
references to the NMFS `Northwest Region', which, as of 2013, is now
the West Coast Region.
Classification
Pursuant to section 304(b)(1)(A) and 305(d) of the Magnuson-Stevens
Act, the NMFS Assistant Administrator has determined that this proposed
rule is consistent with the Pacific Coast Groundfish Fishery Management
Plan, other provisions of the Magnuson-Stevens Act, and other
applicable law, subject to further consideration after public comment.
Please see ADDRESSES for more information on the ways to submit
comments on this proposed rule.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), 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.
This proposed rule is expected to provide more flexibility and
minor cost savings, while still meeting the data collection and data
quality requirements of the EM program. This proposed rule would mainly
impact EM service providers participating in the EM program when full
implementation of the EM program begins on January 1, 2024. Based on
past EM service provider applications submitted to NMFS, NMFS estimates
that one to seven EM service provider companies may participate in the
EM program. Assuming EM service provider cost savings trickle down to
fishery participants, this proposed rule also has the potential to
impact commercial harvesting entities engaged in the groundfish limited
entry trawl fishery. Vessels deploying EM are likely to be a subset of
the overall trawl fleet, as some vessels would likely choose to
continue to use observers. However, as all trawl vessels could
potentially use EM in the future, NMFS analyzed impacts to the entire
trawl fleet.
The total number of vessels that may be eligible to use EM is 175,
the total number of limited entry trawl permits in 2022. Of the 165
limited entry trawl endorsed permits (excluding those 10 with a
catcher/processor (CP) endorsement), 110 permit owners holding 129
permits classified themselves as small entities. The average small
entity owns 1.17 permits with 15 entities owning more than 1 permit.
For those with CP endorsements, all 3 permit owners (owning the
collective 10 C/P endorsed permits) self-reported as large entities.
One entity owns five permits, one owns three, and the last owns two.
The economic effects would depend on how widely EM is adopted by vessel
owners participating in the Trawl Rationalization Program.
NMFS considers two criteria in determining the significance of
adverse regulatory effects, namely, disproportionality and
profitability. Disproportionality compares the effect of the regulatory
action between small and large entities. Taking into consideration
disproportionality and profitability, this action provides flexibility
that may enable all participating EM service providers to reduce costs.
Additionally, vessel operating costs may be reduced to the degree that
(1) there is a reduction in video reviewer costs, and (2) those cost
reductions are passed along to vessels, which would apply to all
vessels participating in the EM program, regardless of size. Economic
effects are expected to be minimal. Therefore, we do not expect
significant or disproportionate adverse economic effects from this
action.
As a result, an initial regulatory flexibility analysis is not
required and none has been prepared.
This proposed rule revises existing requirements for the collection
of information approved under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). The proposed rule would extend EM service
provider submission deadlines for: (1) Vessel operator feedback: 60 day
from the date
[[Page 48185]]
of receipt of EM data for processing from the vessel operator; (2) EM
summary and data compliance reports: 60 days from the date of receipt
of EM data for processing from the vessel operator; and (3) Logbook
data: submit logbook data to NMFS within 7 days of receipt from vessel
operators.
Extending the submission deadlines is not expected to increase the
public reporting burden for the information collection. The current
collection of information requirements would continue to apply under
the existing OMB Control Number 0648-0785: West Coast Region Groundfish
Trawl Fishery Electronic Monitoring Program.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian Fisheries.
Dated: July 18, 2023.
Kimberly Damon-Randall,
Acting 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 660 as follows:
PART 660--FISHERIES OFF WEST COAST STATES
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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.
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2. Amend part 660 by removing the word ``coop'' and adding in its place
the word ``co-op'' wherever it appears.
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3. Amend part 660 by removing the word ``Coop'' and adding in its place
the word ``Co-op'' wherever it appears.
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4. Amend part 660 by removing all instances of ``<a href="https://www.nwr.noaa.gov">https://www.nwr.noaa.gov</a>'' and ``<a href="https://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm">https://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm</a>'' and adding in their place ``<a href="https://www.fisheries.noaa.gov/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a>'' wherever they appear.
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5. Amend part 660 by removing the phrase ``NMFS NWR'' and adding in its
place the phrase ``NMFS WCR'' wherever it appears.
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6. Amend part 660 by removing the phrase ``NMFS Northwest Region'' and
adding in its place the phrase ``NMFS West Coast Region'' wherever it
appears.
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7. Amend Sec. 660.18 by revising paragraph (d)(1) to read as follows:
Sec. 660.18 Observer and catch monitor provider permits and
endorsements.
* * * * *
(d) * * *
(1) Initial administrative determination. For all complete
applications, NMFS will issue an IAD if it disapproves the application.
An approved application will result in issuance of the permit. If
disapproved, the IAD will provide the reasons for this determination.
If the applicant does not appeal the IAD within 30 calendar days, the
IAD becomes the final decision of the Regional Administrator acting on
behalf of the Secretary of Commerce.
* * * * *
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8. Amend Sec. 660.25 by revising paragraph (b)(3)(iv)(C)(2) and
(b)(4)(ix) to read as follows:
Sec. 660.25 Permits.
* * * * *
(b) * * *
(3) * * *
(iv) * * *
(C) * * *
(2) Application and issuance process for an ownership limitation
exemption. The SFD will make the qualifying criteria and application
instructions available online at <a href="https://www.fisheries.noaa.gov/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a>. A vessel owner who believes that they may qualify for the
ownership limitation exemption must submit evidence with their
application showing how their vessel has met the qualifying criteria
described at paragraph (b)(3)(iv)(C)(1) of this section. The vessel
owner must also submit a Sablefish Permit Ownership Limitation
Exemption Identification of Ownership Interest form that includes
disclosure of percentage of ownership in the vessel and disclosure of
individual shareholders in any entity. Paragraph (i) of this section
sets out the relevant evidentiary standards and burden of proof.
Applications may be submitted at any time to NMFS at: NMFS West Coast
Region, Sustainable Fisheries Division, ATTN: Fisheries Permit Office--
Sablefish Ownership Limitation Exemption, 7600 Sand Point Way NE,
Seattle, WA 98115. After receipt of a complete application, the SFD
will issue an IAD in writing to the applicant determining whether the
applicant qualifies for the exemption. If an applicant chooses to file
an appeal of the IAD, the applicant must follow the appeals process
outlined at paragraph (g) of this section and, for the timing of the
appeals, at paragraph (g)(4)(ii) of this section.
* * * * *
(4) * * *
(ix) Application forms available. Application forms for a change in
vessel registration, permit owner, or vessel owner are available at:
NMFS West Coast Region, Sustainable Fisheries Division, ATTN: Fisheries
Permit Office, 7600 Sand Point Way NE, Seattle, WA 98115; or <a href="https://www.fisheries.noaa.gov/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a>. Contents of the application,
and required supporting documentation, are also specified in the
application form. Only complete applications will be processed.
* * * * *
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9. Amend Sec. 660.60 by revising paragraph (d)(2) to read as follows:
Sec. 660.60 Specifications and management measures.
* * * * *
(d) * * *
(2) Automatic actions are effective when actual notice is sent by
NMFS identifying the effective time and date. Actual notice to fishers
and processors will be by email, internet (<a href="https://www.fisheries.noaa.gov/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a>), phone, letter, or press
release. Allocation reapportionments will be followed by publication in
the Federal Register, in which public comment will be sought for a
reasonable period of time thereafter.
* * * * *
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10. Amend Sec. 660.113 by removing and reserving paragraphs (c)(4) and
(d)(4).
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11. Amend Sec. 660.140 by revising paragraphs (d)(2)(iii)(A),
(d)(3)(i)(B), (e)(2)(ii), (e)(3)(i)(B), (f)(3) introductory text,
(f)(4), and (f)(6)(i) to read as follows:
Sec. 660.140 Shorebased IFQ Program.
* * * * *
(d) * * *
(2) * * *
(iii) * * *
(A) Initial administrative determination. For all complete
applications, NMFS will issue an IAD if it disapproves the application.
If approved, the QS permit serves as the IAD. If disapproved, the IAD
will provide the reasons for this determination. If the applicant does
not appeal the IAD within 30 calendar days, the IAD becomes the final
decision of the Regional Administrator acting on behalf of the
Secretary of Commerce.
* * * * *
(3) * * *
(i) * * *
(B) Notification to renew QS permits will be sent by SFD by
September 15 each year to the QS permit owner's most recent email
address in the SFD record. The QS permit owner shall provide SFD with
notice of any email address change within 15 days of the change.
* * * * *
(e) * * *
(2) * * *
(ii) Registration. A vessel account must be registered with the
NMFS SFD
[[Page 48186]]
Permits Office. A vessel account may be established at any time during
the year. An eligible vessel owner must submit a request in writing to
NMFS to establish a vessel account. The request must include the vessel
name; USCG vessel registration number (as given on USCG Form 1270) or
state registration number, if no USCG documentation; all vessel owner
names (as given on USCG Form 1270, or on state registration, as
applicable); and business contact information, including: Address,
phone number, fax number, and email. Requests for a vessel account must
also include the following information: A complete economic data
collection form as required under Sec. 660.113(b), (c) and (d), and a
complete Trawl Identification of Ownership Interest Form as required
under paragraph (e)(4)(ii) of this section. The request for a vessel
account will be considered incomplete until the required information is
submitted. Any change specified at paragraph (e)(3)(ii) of this
section, including a change in the legal name of the vessel owner(s),
will require the new owner to register with NMFS for a vessel account.
A participant must have access to a computer with internet access and
must set up online access to their vessel account to participate. NMFS
will provide vessel account owners instructions to set up online access
to their vessel account. NMFS will use the vessel account to send
messages to vessel owners in the Shorebased IFQ Program; it is
important for vessel owners to monitor their online vessel account and
all associated messages.
* * * * *
(3) * * *
(i) * * *
(B) Notification to renew vessel accounts will be issued by SFD by
September 15 each year to the vessel account owner's most recent email
address in the SFD record. The vessel account owner shall provide SFD
with notice of any email address change within 15 days of the change.
* * * * *
(f) * * *
(3) Application process. Persons interested in being licensed as an
IFQ first receiver for a specific physical location must submit a
complete application for a first receiver site license through the web
form submission available at <a href="https://www.noaa.gov/fisheries">https://www.noaa.gov/fisheries</a>. First
receiver site license holders may request a paper application by
contacting SFD. NMFS will only consider complete applications for
approval. A complete application includes:
* * * * *
(4) Initial administrative determination. For all complete
applications, NMFS will issue an IAD if the application is disapproved.
The IAD will provide the reasons for this determination. NMFS will not
reissue a first receiver site license until the required cost recovery
program fees, as specified at Sec. 660.115, have been paid. The IAD,
appeals, and final decision process for the cost recovery program is
specified at Sec. 660.115(d)(3)(ii).
* * * * *
(6) * * *
(i) First receiver site license applications will be accessible
through an online application on or about February 1 each year.
* * * * *
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12. Amend Sec. 660.150 by revising paragraph (d)(2) to read as
follows:
Sec. 660.150 Mothership (MS) Co-op Program.
* * * * *
(d) * * *
(2) Initial administrative determination. For all complete
applications, NMFS will issue an IAD if the application is disapproved.
An approved application will result in issuance of the permit. If
disapproved, the IAD will provide the reasons for this determination.
The IAD for a MS co-op permit follows the same requirement as specified
for limited entry permits at Sec. 660.25(g)(4)(ii); if the applicant
does not appeal the IAD within the 30 calendar days, the IAD becomes
the final decision of the Regional Administrator acting on behalf of
the Secretary of Commerce.
* * * * *
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13. Amend Sec. 660.160 by revising paragraph (d)(2) to read as
follows:
Sec. 660.160 Catcher/processor (C/P) Coop Program.
* * * * *
(d) * * *
(2) Initial administrative determination. For all complete
applications, NMFS will issue an IAD if the application is disapproved.
An approved application will result in issuance of the permit. If
disapproved, the IAD will provide the reasons for this determination.
The IAD for a C/P co-op permit follows the same requirement as
specified for limited entry permits at Sec. 660.25(g)(4)(ii), if the
applicant does not appeal the IAD within the 30 calendar days, the IAD
becomes the final decision of the Regional Administrator acting on
behalf of the Secretary of Commerce.
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14. Amend Sec. 660.603 by removing and reserving paragraph (m)(1), and
revising paragraphs (m)(4) introductory text, and (5) to read as
follows:
Sec. 660.603 Electronic monitoring provider permits and
responsibilities.
* * * * *
(m) * * *
(1) [Reserved]
* * * * *
(4) The EM service provider must communicate with vessel operators
and NMFS to coordinate data service needs, resolve specific program
issues, and provide feedback on program operations. No later than 60
days from the date of receipt of EM data for processing from the vessel
operator, the EM service provider must provide feedback to vessel
representatives, field services staff, and NMFS regarding:
* * * * *
(5) Submission of data and reports. On behalf of vessels with which
it has a contract (see Sec. 660.604(k)), the EM service provider must
submit to NMFS logbook data, EM summary reports, including discard
estimates, fishing activity information, and meta data (e.g., image
quality, reviewer name), and incident reports of compliance issues
according to a NMFS-accepted EM Service Plan, which is required under
paragraph (b)(1)(vii) of this section, and as described in the EM
Program Manual or other written and oral instructions provided by the
EM program, such that the EM program achieves its purpose as defined at
Sec. 660.600(b). Logbook data must be submitted to NMFS within 7
business days of receipt from the vessel operator. EM summary reports
must be submitted within 60 days of the date the EM data was received
by the EM service provider from the vessel operator. If NMFS determines
that the information does not meet these standards, NMFS may require
the EM service provider to correct and resubmit the datasets and
reports.
* * * * *
[FR Doc. 2023-15574 Filed 7-25-23; 8:45 am]
BILLING CODE 3510-22-P
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