Rule2023-25703
Fisheries Off West Coast States; West Coast Groundfish Electronic Monitoring Program; Service Provider Revisions
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 22, 2023
Effective
December 22, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule revises regulations governing the use of electronic monitoring (EM) in the Pacific Coast groundfish trawl fishery. This rulemaking modifies deadlines in Federal regulations for EM service providers to process EM data and submit vessel logbooks to NMFS. This action is intended to support the overarching goal of continually monitoring 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. This rulemaking also makes minor administrative changes to EM and other groundfish regulations to clarify the regulations, correct terminology, correct web addresses, and remove obsolete administrative requirements. 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 revises the regulations to be consistent with current practice.
Full Text
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<title>Federal Register, Volume 88 Issue 224 (Wednesday, November 22, 2023)</title>
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[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Rules and Regulations]
[Pages 81354-81360]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25703]
[[Page 81354]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 231115-0269]
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: Final rule.
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SUMMARY: This final rule revises regulations governing the use of
electronic monitoring (EM) in the Pacific Coast groundfish trawl
fishery. This rulemaking modifies deadlines in Federal regulations for
EM service providers to process EM data and submit vessel logbooks to
NMFS. This action is intended to support the overarching goal of
continually monitoring 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. This rulemaking also makes minor administrative
changes to EM and other groundfish regulations to clarify the
regulations, correct terminology, correct web addresses, and remove
obsolete administrative requirements. 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
revises the regulations to be consistent with current practice.
DATES: Effective December 22, 2023.
ADDRESSES: This rule is accessible via 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> and at the Pacific Fishery Management Council's
website at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>.
Electronic Access
This final 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: Melissa Hooper, phone: 206-526-4357,
or email: <a href="/cdn-cgi/l/email-protection#204d454c495353410e484f4f504552604e4f41410e474f56"><span class="__cf_email__" data-cfemail="2c414940455f5f4d024443435c495e6c42434d4d024b435a">[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
This action revises regulations governing the Pacific Coast
groundfish trawl fishery. The groundfish trawl fishery is managed under
a catch share program called the Trawl Rationalization Program, which
was implemented through Amendment 20 to the FMP in January 2011. The
Program consists of an individual fishing quota (IFQ) program for the
shorebased trawl fleet (including whiting and non-whiting sectors), and
cooperatives for the at-sea mothership (MS) and catcher/processor (C/P)
trawl fleets (whiting only). As part of the Program, Amendment 20
implemented requirements for 100 percent monitoring at-sea and dockside
in order to ensure accountability for all landings and discards of
allocated species. Catcher processors and motherships are required to
carry two observers at all times, depending on the length of the
vessel, and catcher vessels are required to carry one observer,
including while in port until all fish are offloaded. In addition,
first receivers, which are processors that are licensed to receive IFQ
landings, are required to have catch monitors to monitor 100 percent of
IFQ offloads. Vessel owners and first receivers are responsible for
obtaining and funding catch share observers and catch monitors as a
necessary condition of their participation in the program.
Amendment 20 also authorized the use of EM as an alternative to
human observers to meet the at-sea monitoring requirement, but deferred
to a future regulatory amendment to specify the details of any EM
program. EM uses cameras and associated sensors to passively record and
monitor fishing activities. The video can be reviewed by an analyst
onshore at a later time to collect catch and effort information. EM has
the potential to reduce monitoring costs because it does not require
deploying a person on the vessel and the logistical and travel expenses
that generates. Note that the proposed rule for this action (88 FR
48180; July 26, 2023) stated that Amendment 18 to the FMP authorized
the use of EM in the groundfish fishery. While Amendment 18 did
authorize the use of EM in general in the fishery, Amendment 20 created
the requirement for 100 percent coverage in the trawl fishery and
authorized the use of EM to meet that specific requirement, which is
being modified by this final rule.
The Council developed and implemented an EM program for shorebased
whiting, bottom trawl, and fixed gear vessels, and at-sea whiting
catcher vessels in the Trawl Program through two regulatory amendments
in 2019 (84 FR 31146; June 28, 2019) and 2022 (87 FR 59705; October 3,
2022). Two additional rulemakings in 2020 (85 FR 74613; November 23,
2020) and 2021 (86 FR 55525; October 6, 2021) delayed the beginning of
the EM program to provide time to refine its requirements and prepare
for implementation. Vessels will be able to use EM under the regulatory
program in place of observers beginning January 1, 2024. A more
detailed discussion of the development of the EM program, including the
use of exempted fishing permits (EFPs) in an experimental fishery, is
described in the proposed rule for this action and in the prior
regulatory amendments and is not repeated here.
In preparation for the January 1 start of the program, the Council
developed modifications to reporting deadlines and clarifications to
the regulations for EM service providers to improve the efficiency and
cost effectiveness of the program, which were published in a proposed
rule July 26, 2023 (88 FR 48180). Further details on the development of
this action can be found in the proposed rule and are not repeated
here. Public comments were accepted on the proposed rule from July 26
through August 25, 2023. No public comments were received.
Through this final rule, NMFS is approving and implementing the
Council's proposed revisions to the EM
[[Page 81355]]
regulations. NMFS has determined that the regulations are consistent
with the goals and objectives of the Pacific Coast Groundfish FMP and
the requirements of the MSA and other applicable law. This
determination is based on NMFS' review of the administrative record,
including the Council's record. After considering the required
statutory factors and the goals and objectives of the Pacific Coast
Groundfish FMP, NMFS has determined that the Council's recommended
measures further the EM program's goals and objectives to provide for
an alternative method of meeting the monitoring requirements of the
Trawl Rationalization Program that reduces the costs and operational
burden of these requirements, while ensuring the best scientific
information available for conservation and management. Through this
rule, NMFS is also approving some minor clarifications to other
groundfish regulations.
Final Measures
This section summarizes the measures contained in this final rule.
To implement these measures NMFS revises the regulations in Sec. Sec.
660.18, 660.25, 660.60, 660.140, 660.150, 660.160, and 660.603 to
improve the effectiveness of the groundfish EM program and to correct
and clarify other groundfish regulations.
1. EM Program Revisions
Discard Logbook Processing Deadline
Through this final rule, NMFS is extending the deadline for EM
service providers to process and submit logbook data to NMFS from 2
business days to 7 business days (Sec. 660.603(m)(5)). In the EM
program, vessel operators will record discards in their logbooks that
will be used to debit discards of IFQ species from their vessel
accounts. Vessel operators are required to submit copies of their
logbooks to their contracted EM service provider within 24 hours of the
end of an EM trip. EM service providers must then enter, quality check,
and submit data from the logbooks to NMFS. NMFS uses the logbook data
to initially debit the vessel's account for discards of IFQ species.
Once video from the trip is reviewed, the logbook discard estimates may
be replaced in the vessel's account with an EM discard estimate if the
difference between the two estimates falls outside established
performance standards.
The 2-day deadline implemented in the original 2019 EM rule was
based on logbook processing timelines achieved in the experimental EM
fishery, which has been ongoing since 2015. Since that time, however,
increased participation in the EFP has increased the volume of logbooks
that must be processed and contributed to an increase in processing
times. During the busiest times of the year, the EFP's video review
provider, the Pacific States Marine Fisheries Commission (PSMFC), has
reported that it can take up to 7 days after a trip to process the
logbook. As EM participation levels are expected to remain constant or
even grow in 2024 and beyond, the Council became concerned that the 2-
day processing deadline was unrealistic for EM service providers to
meet during the busiest times of the year. An EM service provider could
hire additional staff to ensure it could handle the increased workload,
but that would likely increase the costs of the EM program and could
make it a less cost-effective alternative to observers, inconsistent
with the goals of the EM program as stated in the original EM
regulatory amendment (84 FR 31146). Therefore, the Council recommended,
and NMFS approves, extending the deadline for EM service providers to
process logbooks after an EM trip, to provide operational flexibility
to EM service providers and to improve the cost effectiveness of the EM
program, consistent with the goals of the EM program and the Pacific
Coast Groundfish FMP. Extending the logbook processing deadline also
furthers the objectives of the EM program to reduce the logistical
burden and adverse economic impacts of the 100 percent at-sea
monitoring requirements on these vessels and their communities,
consistent with National Standard 8 of the MSA.
Extending the logbook processing deadline would delay the time for
vessel accounts to be updated with initial discard estimates from 3
days after a trip (1 day for the EM provider to receive the logbook and
2 days to process it) to 8 days after a trip (1 day to receive the
logbook and 7 days to process it), which could increase the risk of a
vessel going into deficit if it continues fishing without accurate
balances for IFQ quota pounds. However, vessel operators would retain
copies of their logbooks that they could use to monitor their IFQ
balances until accounts are updated with the logbook data. A processing
timeline of approximately 1 week is also consistent with the timeline
that human observer discard data posts to vessel accounts. Therefore,
extending the logbook processing deadline maintains sufficient
timeliness of information on discards of IFQ species for management
decisions, while minimizing the costs of data collection requirements,
consistent with National Standards 2 and 7 of the MSA.
EM Data Processing Deadlines
Through this final rule, NMFS is extending the deadline for EM
service providers to process EM data and submit reports to vessel
operators and NMFS from 3 weeks to 60 days after receipt of the hard
drive (Sec. Sec. 660.603(m)(4)-(5)). Following an EM trip, vessel
operators are required to submit the hard drive containing the video
imagery and sensor data to their contracted EM service provider for
processing (generally within 72 hours of trip end). The EM service
provider is responsible for reviewing and quality checking the imagery
and sensor data and reporting its findings to NMFS. NMFS uses the
summary data reported by the EM service provider to validate and, where
appropriate, replace logbook discard estimates in vessel accounts, and
to monitor compliance by vessel operators with the regulations. The EM
service provider also provides feedback to the vessel operator on
performance of the EM system and the crew from the trip based on review
of the video.
As with other EM program requirements, the 3-week deadline for EM
data processing and reporting was based on the data processing
timelines observed in the experimental EM fishery. As participation
levels have increased, processing times have increased and raised
concerns that EM service providers may not be able to meet the original
3-week deadline in regulation during peak fishing seasons. EM service
providers could hire additional staff to ensure that they could meet
the 3-week processing deadline during peak fishing times, but this
would likely increase the cost of EM and could reduce the cost
effectiveness of the program as an alternative to human observers.
Maintaining a year-round staff level that could meet the 3-week
deadline at peak fishing times would also result in an overcapacity of
reviewers at slower times of year. On the other hand, it is not a
position that can easily be filled on a temporary or seasonal basis.
Video reviewers require specialized training and experience in species
identification, fishing operations, and regulations to interpret what
they see on video and many EM service providers try to recruit former
fisheries observers to ensure the best data quality. In addition, PSMFC
noted during development of this action that they already struggle to
recruit qualified reviewers in the current competitive employment
market and seasonal
[[Page 81356]]
positions would be even less appealing to job seekers.
In light of these concerns, the Council considered two alternate
deadlines for EM data processing of 60 days and 90 days, based on
timelines observed in the experimental fishery since 2015 and feedback
from EM service providers. In general, extending the deadline for
processing and reporting of EM data would delay the availability of
this information to NMFS and vessel operators. NMFS relies on reports
from EM service providers to validate logbook-reported discards that
were used to debit vessel accounts in the interim and ensure accurate
IFQ account balances. Vessel operators in turn use updated vessel
account balances to determine if they have sufficient quota pounds to
cover additional fishing trips. Vessel operators are responsible for
ensuring they have sufficient quota to cover any landings and discards
of IFQ species and may not fish if their account is in deficit. Vessel
operators may purchase additional quota to cover any deficit, including
for a brief period after the end of the fishing year, and resume
fishing when their account is in good standing, or carryover a deficit
(up to 10 percent) to the following year if they cease fishing.
Therefore, timely updates of vessel account balances are important for
ensuring that fishermen have the most accurate information for their
fishing operations and to prevent deficits. Less timely updates to
vessel accounts could mean more fishing trips taken on provisional
information and increased risk of unexpected deficits.
On an individual level, vessel owners could mitigate their risk of
incurring a deficit by keeping a larger balance for IFQ species that
they are concerned about, or by taking more time between trips. A
vessel owner could weigh the trade-off between the likelihood of a
deficit, the cost of carrying a larger balance (in terms of the cost of
quota that must be purchased or lost revenue from a quota sale
forgone), the lost revenue from postponing a trip to wait for EM data
to be finalized, and determine the best option for their own business.
A vessel owner could also reduce the risk of a surprise deficit by
ensuring their captain's logbook discard estimates meet the performance
standards and will not be replaced by EM data. A vessel owner could
also choose not to participate in the EM program and instead opt for a
human observer if they want timelier final discard information. Thus,
even with an extended deadline, vessel operators have a suite of
options to maximize fishing activity while avoiding exceeding available
quota.
NMFS and the Council also rely on accurate vessel account balances
to control fishing mortality in the trawl fishery to prevent overages
of the overall trawl sector allocations and Annual Catch Limits (ACLs).
However, extending the EM data processing deadline is unlikely to
increase the risk of an overage for most species because most
groundfish IFQ species are under-attained. The species at greatest risk
would be those with small allocations or high attainment, such as
yelloweye rockfish or sablefish north of 40[deg]10'N latitude,
respectively. Vessels try to avoid catching species with small
allocations altogether because of their correspondingly small
individual allocations. Even if one vessel were to exceed its
individual allocation, it is unlikely many other vessels would and so
uncaught pounds of the species could be found elsewhere in the trawl
fishery or other sectors to cover the overage without exceeding the
ACL. In addition, since the implementation of total accountability for
all discards in the Trawl Program, the trawl fishery has become highly
selective, with discards accounting for a small portion of total catch.
Therefore, increased variability in discard estimates from EM vessels,
which is an even smaller portion of total trawl discards, would be
unlikely to pose a problem at the sector or ACL level.
NMFS and vessel operators also use the feedback from the video
review to ensure that EM systems are meeting performance standards and
that vessel crews are complying with catch handling instructions, EM
system care responsibilities, and other regulations. While hard drives
are waiting to be reviewed, EM vessels are still taking new fishing
trips and a delay in review of the EM data could mean that compliance
or performance issues are not identified and corrected in a timely
manner, leading to reduced data quality. However, the EM program
regulations include a number of safeguards to reduce the likelihood
that an EM system malfunction or compliance issue will occur or, if it
does occur, go undetected to the extent that it would substantively
impact overall data quality.
For example, most vessels in the EM program participated in the
experimental EM fishery and their crews are experienced in the catch
handling, EM system care responsibilities, and other program
requirements. In addition, all captains are required to attend an
orientation session hosted by NMFS on EM program requirements and must
undergo a briefing with their EM provider's staff on the EM system and
proper catch handling onboard their vessel before obtaining their EM
Authorization. Vessel operators are also required to run a test before
each trip to ensure that the EM system is working properly and, if an
issue affecting EM data collection (referred to as a ``critical''
malfunction) is identified, may not fish until it is resolved. These
measures reduce the likelihood of a critical malfunction, crew error,
or other issue occurring that will impact data collection and affect
discard estimates.
There are other measures in place to disincentivize intentional
tampering with the EM system to hide illegal discard events or other
compliance issues. If a critical malfunction occurs at sea, such as the
system losing power or a critical camera view going out, the vessel
must stop fishing and attempt to resolve the issue. If they cannot
resolve the issue, they must end their trip and return to port. This
creates a strong incentive to maintain the EM system in good working
order and against intentional tampering, even if there is a delay in
detection from delayed video processing.
Finally, violation of any of the EM program's requirements,
intentional or otherwise, could result in monetary fines through
enforcement action and even expulsion from the EM program, whether
detected 1 month or 3 months after the trip. In this way, a participant
would be unlikely to jeopardize the cost savings and other benefits
they derive from using EM by not complying with the EM program
requirements even under an extended EM data processing deadline.
The Council weighed all these trade-offs between data timeliness
and cost, and determined that a 60-day deadline for processing and
reporting of EM data was the right balance between the need for timely
data for management and cost effectiveness of EM. The Council
considered but rejected a 90-day deadline, because it would be too long
of a delay in availability of data and in updating vessel accounts.
NMFS approves the Council's recommendation for extending the deadline
for EM service providers to process EM data after an EM trip to provide
operational flexibility to EM service providers and to improve the cost
effectiveness of the EM program, consistent with the goals of the EM
program, the Pacific Coast Groundfish FMP, and the MSA. Extending the
EM data processing deadline also furthers the objectives of the EM
program to reduce the logistical burden and adverse economic impacts of
the 100-percent at-sea monitoring
[[Page 81357]]
requirements on these vessels and their communities, consistent with
National Standard 8 of the MSA. As discussed above, extending the EM
processing deadline maintains sufficient timeliness of information on
discards of IFQ species for management decisions, while minimizing the
costs of data collection requirements, consistent with National
Standards 2 and 7 of the MSA.
Revise EM Discard Data Method Language
NMFS is clarifying and simplifying the current EM regulations by
removing the paragraph at Sec. 660.603(m)(1) that 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 information is already stated in the
introductory paragraph at Sec. 660.603(m) and at Sec. 660.603(m)(5).
The Council recommended a change to the language at Sec. 660.603(m)(1)
because it was concerned that the existing language implies a
requirement for all EM service providers to process EM data using the
same methods and methods prescribed by NMFS, which was not the intent
of the EM program. Rather, the regulations establish the
responsibilities of the EM service provider (to process the EM data and
report findings to NMFS) and the standards they must meet (the purpose
of the EM program as defined Sec. 660.600(b)), but leave flexibility
for EM service providers to design different methods to conduct the
data processing and reporting in the way that best suits their
business. EM service providers must detail their methods in their
permit application which allows NMFS to review them and ensure they
meet the program standards. Paragraphs Sec. Sec. 660.603(m) and
660.603(m)(5) accurately reflect this intent. Removing paragraph Sec.
660.603(m)(1) prevents any confusion with the requirement and has no
substantive effect on the operation of the EM program. Therefore, NMFS
has approved this administrative change to improve the clarity and
effectiveness of the EM regulations, consistent with the Pacific Coast
Groundfish FMP and the MSA.
2. Administrative Revisions
This final rule makes some minor administrative, non-substantive
revisions to the Pacific Coast groundfish fishery regulations to
correct terminology, correct web addresses, and remove some obsolete
administrative requirements. Pursuant to Secretarial authority under
MSA section 305(d), this part of the action is necessary to carry out
the Pacific Coast Groundfish FMP and implementing regulations at 50 CFR
660.
NMFS revised the regulations throughout part 660 to correct
misspellings and update web addresses and terminology. In many places
in the regulations governing the Pacific Coast groundfish fisheries,
the term `cooperative' is abbreviated to `coop', rather than `co-op'.
This final rule corrects the abbreviation throughout this Part. This
final rule also corrects obsolete web addresses and outdated references
to the NMFS `Northwest Region', which, as of 2013, is now the West
Coast Region.
NMFS revised the regulations governing the limited entry trawl
fishery at Sec. Sec. 660.140, 660.150, and 660.160 to remove the
requirement for NMFS to mail paper reminders to fishery participants to
renew their quota share permits, vessel accounts, and first receiver
site licenses. During the COVID-19 global pandemic, NMFS transitioned
these reminders to an electronic format. This final rule revises the
regulations to be consistent with current practice.
In this final rule, NMFS revised regulations Sec. Sec.
660.18(d)(1), 660.140, 660.150, and 660.160 governing the issuance of
various trawl fishery permits to remove the requirement for NMFS to
issue an Initial Agency Determination (IAD) for both approvals and
disapprovals of applications. The purpose of an IAD is to notify the
applicant of the agency's decision, its rationale, and the applicant's
appeal rights. Since an applicant has no reason to appeal an approval
of their application, it is unnecessary to issue an IAD for a permit
approval. Rather, the permit itself services as notification of the
application approval. In addition, the permit decisions for which NMFS
is revising the IAD requirement involve little agency discretion that
would require explanation in an IAD. Unlike initial qualification
decisions in which approval of an application may also involve
calculation of an allocation that an approved applicant may wish to
dispute, for the permit decisions addressed in this rule NMFS must
issue a permit to any applicant that meets the eligibility criteria.
Removing the requirement for NMFS to issue an IAD for approvals of
these types of permits reduces paperwork for both NMFS and the
applicants. IADs would still be issued for all permit denials.
Through this final rule, NMFS also revised the regulations at Sec.
660.113(c)(4) and (d)(4) to remove the requirement for MS and C/P
cooperatives to submit cease-fishing reports to NMFS at the end of
their fishing seasons. Cease-fishing reports were used by NMFS to
safely reapportion uncaught allocation between the MS and C/P sectors
to be used by the sector still fishing without putting the other sector
at risk of an overage. Amendment 21-4 to the FMP (42 FR 68799, December
17, 2019) removed 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 for these stocks in the at-sea sectors
(the MS and C/P cooperatives). Without non-whiting groundfish
allocations, cease-fishing reports are obsolete and should have been
removed with other reapportionment procedures by Amendment 21-4. This
rule corrects that error.
Classification
NMFS is issuing this rule pursuant to section 304(b)(1)(A) and
305(d) of the Magnuson-Stevens Act, which provides specific authority
and procedure for implementing this action. See 16 U.S.C.
1854(b)(1)(A), 1855(d). The majority of this rulemaking is promulgated
pursuant to section 304(b)(1)(A); the Council recommended this action
at its March 2023 meeting. This rulemaking also includes minor
regulatory changes promulgated pursuant to section 305(d). This action
is necessary to improve comprehensibility of the regulations by
updating and revising outdated regulations.
The NMFS Assistant Administrator has determined this final rule is
consistent with the 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.
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.
This final rule revises existing requirements for the collection of
information approved under the
[[Page 81358]]
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 days from the date 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: November 16, 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
660 as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 773 et seq.; and 16
U.S.C. 7001 et seq.
0
2. Amend part 660 by:
0
a. Removing the word ``coop'' and adding in its place the word ``co-
op'' wherever it appears; and
0
b. Removing the word ``Coop'' and adding in its place the word ``Co-
op'' wherever it appears.
0
3. 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.
* * * * *
0
4. Amend Sec. 660.25 by:
0
a. Revising paragraph (b)(3)(iv)(C)(2) and (b)(4)(ix); and
0
b. Removing the phrase ``National Marine Fisheries Service, Northwest
Region'' and adding in its place the phrase ``NMFS West Coast Region''
in paragraph (g)(3)(ii).
The revisions 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.
* * * * *
0
5. 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.
* * * * *
Sec. 660.113 [Amended]
0
6. Amend Sec. 660.113 by removing and reserving paragraphs (c)(4) and
(d)(4).
0
7. Amend Sec. 660.140 by:
0
a. Revising paragraphs (d)(2)(iii)(A) and (d)(3)(i)(B);
0
b. Removing ``<a href="http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm">http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm</a>'' and adding ``<a href="https://www.fisheries.noaa.gov/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a>'' in its place in paragraph (d)(8)(v)(B);
0
c. Removing the phrase ``NMFS, Northwest Region'' and adding in its
place the phrase ``NMFS West Coast Region'' in paragraph
(d)(8)(vii)(B); and
0
d. Revising paragraphs (e)(2)(ii), (e)(3)(i)(B), (f)(3) introductory
text, (f)(4), and (f)(6)(i).
The revisions 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) * * *
[[Page 81359]]
(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 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.
* * * * *
0
8. Amend Sec. 660.150 by:
0
a. Revising paragraph (d)(2).
0
b. Removing ``<a href="http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm">http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm</a>'' adding ``<a href="https://www.fisheries.noaa.gov/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a>'' in its place in paragraph (g)(6)(iv)(B); and
0
c. Removing the phrase ``NMFS, Northwest Region'' and adding in its
place the phrase ``NMFS West Coast Region'' in paragraph (g)(6)(vi)(B).
The revision reads 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.
* * * * *
0
9. Amend Sec. 660.160 by:
0
a. Removing ``NMFS NWR'' and adding ``NMFS WCR'' in its place in
paragraph (d)(1)(iii);
0
b. Removing ``<a href="http://www.nwr.noaa.gov">http://www.nwr.noaa.gov</a>'' and adding <a href="https://www.fisheries.noaa.gov/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a> in its place in paragraph
(d)(1)(iii); and
0
c. Revising paragraph (d)(2).
The revision reads as follows:
Sec. 660.160 Catcher/processor (C/P) 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 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.
* * * * *
0
10. Amend Sec. 660.603 by removing and reserving paragraph (m)(1) and
revising paragraphs (m)(4) introductory text and (m)(5).
The revisions read as follows:
Sec. 660.603 Electronic monitoring provider permits and
responsibilities.
* * * * *
(m) * * *
(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
[[Page 81360]]
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. 2023-25703 Filed 11-21-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on November 22, 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.