Rule2023-24377
Monitoring Requirements for Pot Catcher/Processors Participating in Bering Sea/Aleutian Islands Groundfish Fisheries
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 9, 2023
Effective
December 11, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this final rule 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 improves observer data collection by requiring participating CPs 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 changes 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 (BSAI FMP), and other applicable laws.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 216 (Thursday, November 9, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Rules and Regulations]
[Pages 77228-77232]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24377]
[[Page 77228]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 231031-0255]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule 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
improves observer data collection by requiring participating CPs 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 changes 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 (BSAI FMP), and other applicable laws.
DATES: This rule is effective December 11, 2023.
ADDRESSES: Electronic copies of the Regulatory Impact Review (RIR;
referred to as the Analysis) prepared for this action are available
from <a href="https://www.regulations.gov">https://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
final rule may be submitted to NMFS Alaska Region, P.O. Box 21668,
Juneau, AK 99802-1668, Attn: Gretchen Harrington; and to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find the information collections by
selecting ``Currently under Review'' or by using the search function
and entering the title of the collection.
FOR FURTHER INFORMATION CONTACT: Joel Kraski, 907-586-7228,
<a href="/cdn-cgi/l/email-protection#204a4f454c0e4b5241534b49604e4f41410e474f56"><span class="__cf_email__" data-cfemail="bcd6d3d9d092d7ceddcfd7d5fcd2d3dddd92dbd3ca">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS published a proposed rule in the
Federal Register on July 6, 2023 (88 FR 43072), with public comments
invited through August 7, 2023. NMFS received one comment letter on the
proposed rule. A summary of the comment and NMFS' response are provided
under the heading Comments and Responses section below.
Background
This final rule is intended to improve data collection by observers
deployed by the North Pacific Observer Program (Observer Program) for
management of the BSAI pot gear CP sector (referred to as BSAI pot CP
sector throughout) by revising the existing observer-associated
monitoring requirements for the BSAI pot CP sector. At its February
2023 meeting, the North Pacific Fishery Management Council (Council)
took final action to recommend additional monitoring requirements for
the BSAI pot CP sector. The following sections of this preamble
generally describe the following: (1) the North Pacific Observer
Program, (2) the BSAI pot CP sector, (3) and this final rule. A more-
detailed description of the North Pacific Observer Program, the BSAI
pot CP sector, and the need for this action is provided in the preamble
to the proposed rule and in the Analysis and is not repeated here.
North Pacific 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 describe 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. The LLP limits the number, size, and
specific operation of vessels deployed in the groundfish fisheries in
the Exclusive Economic Zone off Alaska (63 FR 52642, October 1, 1998;
Sec. 679.4(k)(4)). The BSAI pot CP sector is relatively small, with
only eight LLP licenses that are endorsed to allow CPs to fish for
Pacific cod with pot gear in the Bering Sea (BS) or Aleutian Islands
(AI), and only six of which were actively used to fish in 2022.
The BSAI 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. 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 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 to target groundfish in the Community
Development Quota (CDQ) Program (63 FR 30381, June 4, 1998), and this
action does not change any aspect of the CDQ regulations (Sec.
679.32). The CDQ Program allocates a percentage of BSAI quota 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
[[Page 77229]]
requires the same or stricter provisions as those set forth in this
action for the non-CDQ pot CP sector.
This Final Rule
This action requires BSAI Pot CP Pacific Cod directed fishery
participants to carry at least one Level 2 observer at all times,
requires participants to comply with pre-cruise meeting notifications,
and requires 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. The three voluntary
monitoring options for pot CP vessels included in this final rule
establish regulations necessary to ensure the proper testing and
maintenance of the equipment voluntarily installed by vessels to
further improve the precision of observer data.
This final rule restructures 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
regulations for pot CPs; and (3) existing regulations for CPs and
motherships participating in the halibut deck sorting program. This
restructuring makes 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, and thus provide the public easier access to the
regulations. This final rule revises subpart I, which currently applies
only to equipment and operational requirements for the longline CP
subsector, so that subpart I will also apply to the equipment and
operational requirements for pot CPs and for (non-pot) CPs and
motherships participating in the halibut deck sorting program. This
final rule changes the title of Sec. 679.100 (from the current title,
``Applicability'') to ``Longline Catcher/Processor Subsector,'' changes
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 changes 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 (titled ``Halibut deck sorting'') in subpart K (similarly
entitled ``Halibut Deck Sorting''), are moved to subpart I and
redesignated as Sec. 679.102, with no other changes. As described
further below, revised subpart I also includes new Sec. 679.101, which
contains the new pot CP monitoring requirements and is 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 in the same subpart rather
than dispersed among other subparts where they are harder to locate.
This final rule includes three new monitoring regulatory elements
for the BSAI pot CP sector. The first element adds paragraph (H) 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) is revised to add a reference
to the new Sec. 679.51(a)(2)(vi)(H) requirement.
The second element of this final rule adds paragraph (a) in new
Sec. 679.101 to define the applicability of regulations at Sec.
679.101 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 final rule adds paragraph (b) in
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. These 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 final rule adds paragraph (c) in Sec.
679.101 to include three additional voluntary monitoring options for
pot CPs. The owner or operator of a vessel subject to this section may
choose any, all, or none of these voluntary monitoring options: (1)
providing a certified observer sampling station with a NMFS-approved
motion-compensated platform (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 observers on board. Each of these options is explained in
further detail in the following sections.
Observer Sampling Station Option
The vessel operators 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 worktable, 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 workspace and higher precision equipment for observer use
that improves observer data collection; however, installation of an
observer sampling station can be costly. Section 679.101(c)(1) of this
final rule applies if a vessel operator chooses to install an observer
sampling station.
At-Sea Catch Weighing Option
This final rule adds 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 (see Section 2.2.3.2 of Analysis). Use of a NMFS-
approved scale to measure total catch of Pacific cod simplifies
observer data collection of Pacific cod total haul weights on pot CP
vessels and improves precision of catch estimates. Installation of a
NMFS-approved scale can be costly. To ensure catch monitoring is
effective if a CP vessel uses such a scale, this final rule includes
regulations that apply if a vessel operator 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 by providing
a total weight of all retained catch.
If vessel operators choose to acquire such scales, they are
required to maintain them in accordance with the scale requirements at
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 is required for each calendar day the scale
is used at sea. In this testing, scales must perform within three
percent of test weights using a NMFS-approved and certified MCP scale.
More information about this testing can be found under the discussion
of option 1 of element 3 in
[[Page 77230]]
the Analysis. Finally, vessel operators choosing this option are
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 are similar to
those imposed on the BSAI Pacific cod hook-and-line fishery (79 FR
68610, November 18, 2014). This option can be selected by obtaining a
Scale Inspection Report as detailed in Sec. 679.28(b)(2)(vii), and, if
selected, the option remains in place for the 12-month duration
approved in the Scale Inspection Report.
Additional Observer Option
This final rule adds language in paragraph (c) of Sec. 679.101 and
in Sec. 679.51(a)(2)(vi) to authorize a vessel to choose to carry one
or more additional observers. Any observer in addition to the required
Level 2 observer is not required to have observer certification
endorsements in addition to the observer certification training
endorsement specified at Sec. 679.53(a)(5)(i). 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
an increase in the number of samples conducted. This option is already
available 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 final rule adds provisions that expressly
authorize and apply to the practice of voluntarily adding observers to
increase the number of total hauls that are randomly sampled. If a
vessel operator chooses this option, one observer is required to meet
the Level 2 endorsement requirement in this final rule.
Changes From Proposed to Final Rule
This final rule includes minor technical and organizational changes
to account for the Pacific Cod Trawl Cooperative (PCTC) final rule (88
FR 53704, August 8, 2023). The PCTC final rule implemented Amendment
122 to the BSAI FMP. Amendment 122 established the Pacific Cod Trawl
Cooperative Program, a limited access privilege program to harvest
Pacific cod in the BSAI trawl catcher vessel sector. Among numerous
other regulatory changes, the PCTC final rule modified 679.51(a)(2)(vi)
by adding paragraph (G) and defined the ``NMFS Alaska Region website''
at Sec. 679.2. The PCTC final rule was published after the proposed
rule for this action. The paragraph that appeared as Sec.
679.51(a)(2)(vi)(G) in the proposed rule is included in this final rule
as Sec. 679.51(a)(2)(vi)(H). Technical changes have been made to the
rule in Sec. Sec. 679.51 and 679.100 to remove the URL for ``NMFS
Alaska Region website.'' Technical changes were also made to
679.101(c)(3)(i)(A) through (C) to clearly show that all three of the
paragraphs are part of an additive list of requirements.
Comments and Responses
NMFS received one comment letter in support of the action during
the comment period. The comment letter was from a fishing company that
operates a vessel impacted by this action and the letter contained one
substantive comment that is summarized and responded to below.
Comment 1: This action is needed to address known catch accounting
issues in the fishery; we strongly support these changes.
Response 1: NMFS acknowledges the comment.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator (AA) has determined that this final rule is
consistent with Amendment 122 to the BSAI FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
This final 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 implements
this final 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 during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
Collection-of-Information Requirements
This final 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 final rule revises
existing collection-of-information requirements for OMB Control Number
0648-0318 (North Pacific Observer Program), and revises and extends 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 final rule will be
assigned a temporary control number, 0648-0815, 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.
OMB Control Number 0648-0815
This final rule revises 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, 0648-0815, that will later be merged into OMB Control
Number 0648-0318. This final rule requires 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 revises and extends 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 is 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
final rule requires testing and inspections of the observer
[[Page 77231]]
sampling station and NMFS-approved scales. This final rule does 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 revises and extends 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 is being
revised because one of the voluntary monitoring options requires use of
an electronic logbook. This final rule does 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 CP 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
We invite the general public and other Federal agencies to comment
on proposed and continuing information collections, which helps us
assess the impact of our information collection requirements and
minimize the public's reporting burden. Written comments and
recommendations for this information collection should be submitted at
the following website: <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find
the particular information collection by selecting ``Currently under
Review'' or by using the search function and entering the title of the
collection.
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.
Date: October 31, 2023.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 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.
Sec. Sec. 679.2, 679.7, 679.28, 679.32, 679.51, 679.63, 679.84,
679.93 [Amended]
0
2. In 50 CFR part 679, remove the reference ``Sec. 679.120'' and add,
in its place, the reference ``Sec. 679.102'' in the following places:
(a) Sec. 679.2;
(b) Sec. 679.7(e)(1), (2), (3), and (10), and (m)(4)(iv);
(c) Sec. 679.28(d)(9), (d)(10)(iii)(A), and (l);
(d) Sec. 679.32(c)(3)(i)(C)(4);
(e) Sec. 679.51(a)(2)(vi)(F);
(f) Sec. 679.63(a)(1);
(g) Sec. 679.84(c)(1); and
(h) Sec. 679.93(c)(1).
0
3. In Sec. 679.51, add paragraph (a)(2)(vi)(H) to read as follows:
Sec. 679.51 Observer and Electronic Monitoring System requirements
for vessels and plants.
(a) * * *
(2) * * *
(vi) * * *
(H) 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)(H)(1) of this section.
* * * * *
Sec. 679.53 [Amended]
0
4. In Sec. 679.53, amend paragraph (a)(5)(iv) introductory text by
removing the phrase ``Sec. 679.51(a)(2)(vi)(A) through (E)'' and add,
in its place, ``Sec. 679.51(a)(2)(vi)(A) through (H).''
0
5. Revise the heading of subpart I to read as follows:
Subpart I--Additional Equipment and Operational Requirements for
Motherships and Catcher/Processors
0
6. Amend Sec. 679.100 by revising the section heading of Sec.
679.100, the introductory text, paragraph (a), and paragraph (b)
introductory text 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 1st 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. 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
[[Page 77232]]
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. 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
7. 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
(c)(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 (c)(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)(H)(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); and
(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]
0
8. Redesignate Sec. 679.120 of subpart K as Sec. 679.102 of subpart
I.
Subpart K [Reserved]
0
9. Reserve subpart K.
[FR Doc. 2023-24377 Filed 11-8-23; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 9, 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.