Notice2026-04976
Atlantic Highly Migratory Species; Pelagic Longline Monitoring Areas; Electronic Monitoring Vendor Certification
Primary source
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Published
March 13, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is in the process of establishing two monitoring areas off the east coast of the United States within areas that are currently closed to pelagic longline fishing. Once effective, pelagic longline fishermen could fish in the monitoring areas, subject to, among other things, enhanced electronic monitoring (EM). In this notice, NMFS requests applications from EM vendors interested in providing EM services to any pelagic longline vessel that fishes in the newly established pelagic longline monitoring areas. EM vendors that are interested in being certified must submit a completed application to be considered. Once received, NMFS will review the application for completeness and possible approval and certification. Once certified, these EM vendors will be eligible to work directly with vessel owners to meet relevant monitoring area requirements. Additionally, certified vendors are required to submit quarterly reports to NMFS regarding vessel activities in the monitoring areas.
Full Text
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<title>Federal Register, Volume 91 Issue 49 (Friday, March 13, 2026)</title>
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[Federal Register Volume 91, Number 49 (Friday, March 13, 2026)]
[Notices]
[Pages 12392-12394]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04976]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF553]
Atlantic Highly Migratory Species; Pelagic Longline Monitoring
Areas; Electronic Monitoring Vendor Certification
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for applications.
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SUMMARY: NMFS is in the process of establishing two monitoring areas
off the east coast of the United States within areas that are currently
closed to pelagic longline fishing. Once effective, pelagic longline
fishermen could fish in the monitoring areas, subject to, among other
things, enhanced electronic monitoring (EM). In this notice, NMFS
requests applications from EM vendors interested in providing EM
services to any pelagic longline vessel that fishes in the newly
established pelagic longline monitoring areas. EM vendors that are
interested in being certified must submit a completed application to be
considered. Once received, NMFS will review the application for
completeness and possible approval and certification. Once certified,
these EM vendors will be eligible to work directly with vessel owners
to meet relevant monitoring area requirements. Additionally, certified
vendors are required to submit quarterly reports to NMFS regarding
vessel activities in the monitoring areas.
DATES: Application materials are accepted upon publication of this
notice and will continue to be accepted until otherwise notified.
ADDRESSES: Please submit application materials via email to
<a href="/cdn-cgi/l/email-protection#5810150b76153736312c372a31363f1836373939763f372e"><span class="__cf_email__" data-cfemail="e4aca9b7caa98b8a8d908b968d8a83a48a8b8585ca838b92">[email protected]</span></a>.
Required application materials can be found below under
Supplementary Information and additional information is available on
the Atlantic highly migratory species (HMS) website at <a href="https://www.fisheries.noaa.gov/action/amendment-15-2006-consolidated-hms-fishery-management-plan-spatial-fisheries-management-and">https://www.fisheries.noaa.gov/action/amendment-15-2006-consolidated-hms-fishery-management-plan-spatial-fisheries-management-and</a> and <a href="https://www.fisheries.noaa.gov/pelagic-longline-monitoring-areas">https://www.fisheries.noaa.gov/pelagic-longline-monitoring-areas</a>. Please be
advised that non-exempt information within these applications is
subject to release if requested under the Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT: Steve Durkee or Larry Redd, Jr. at
301-427-8503 or <a href="/cdn-cgi/l/email-protection#8ec6c3dda0c3e1e0e7fae1fce7e0e9cee0e1efefa0e9e1f8"><span class="__cf_email__" data-cfemail="f7bfbaa4d9ba98999e8398859e9990b799989696d9909881">[email protected]</span></a>.
[[Page 12393]]
SUPPLEMENTARY INFORMATION: Federal Atlantic HMS fisheries (tunas,
billfish, swordfish, and sharks) are managed under the 2006
Consolidated HMS Fishery Management Plan (HMS FMP) and its amendments,
pursuant to the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and consistent with
the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS
implementing regulations are at 50 CFR part 635. Relevant to this
notice and finalization of implementing regulations for Amendment 15 to
the HMS FMP (91 FR 10696, March 4, 2026) the following provisions will
be effective April 3, 2026: 50 CFR 635.2 defining the geographic
coordinates of the monitoring areas, Sec. 635.9(h) describing the
various EM requirements for vendors and pelagic longline vessels
related to vessels fishing in the monitoring areas, and Sec. 635.35(d)
describing the requirements in the monitoring areas for pelagic
longline vessels.
In the final rule implementing Amendment 15 NMFS establishes two
east coast monitoring areas inside areas that are currently closed to
pelagic longline fishing. These monitoring areas will allow for the
collection of commercial data that should inform future analyses on the
effectiveness of the areas in meeting conservation and management
needs. Specifically, once the final rule is effective, the Charleston
Bump and East Florida Coast Monitoring Areas will allow commercial
pelagic longline fishing, subject to strict effort controls, increased
reporting requirements, and enhanced EM monitoring. To meet enhanced EM
requirements, vessel owners who choose to fish in the monitoring areas
must arrange for EM video review from NMFS-certified vendors before
they fish in the monitoring areas. This requirement is separate from
the EM requirements of the Individual Bluefin Tuna Quota program.
Vessel owners choosing to fish in the monitoring areas can work with
any EM vendor from the NMFS-certified vendor list, subject to a
mutually acceptable agreement between the vessel owner and EM vendor.
At this time, NMFS is requesting applications from entities
interested in providing EM services to pelagic longline vessels fishing
in the newly established pelagic longline monitoring areas. Once
received, NMFS will review the application for completeness and
possible approval and certification. Once certified by NMFS, EM vendors
will be eligible to work directly with vessel owners to meet relevant
monitoring area requirements. Additionally, once certified, EM vendors
will remain on the certified vendor list unless removal is requested by
the vendor or determined to be necessary by NMFS as detailed below.
EM Vendor Requirements
Certified EM vendors must be able to provide or support Atlantic
HMS pelagic longline vessel owners and/or operators with the
development and implementation of a vessel monitoring plan (VMP) that
meets the requirements needed to fish in the monitoring areas and with
the installation and maintenance of an EM system consistent with the
VMP. Additionally, certified EM vendors must meet data integrity and
storage requirements including the ability to receive, assess, and
store the video and metadata for a minimum of 2 years after the date
the data is received. Lastly, the certified EM vendor must review the
video data received, including trips fished wholly or partially in a
monitoring area, and submit quarterly reports for which the vendor has
existing, signed contracts to NMFS. For the video review, the EM vendor
must ensure that all EM data processing staff have been trained in
species identification.
Specific to the quarterly reports, EM vendors must receive on a
quarterly basis all electronic data, including video and metadata and,
if applicable, sensor data, collected by the EM systems on all vessels
for which the EM vendor has a contract for EM services. Once all data
are received, the EM vendor must review EM video data from 50 percent
of all sets deployed on trips that fished in a monitoring area, with at
least one set reviewed from each vessel that fished in a monitoring
area. At the end of the subsequent quarter, the EM vendor must provide
a report to NMFS that includes: a list of vessels that submitted or did
not submit EM data for review; the location, date, and time of gear
retrieval of all sets submitted for review; identification of the sets
reviewed; the species caught and amounts, including disposition
information; information on any technical difficulties that were
experienced/addressed on the vessel and during the video review
process; and any questions video reviewers may have about whether the
vessel's fishing practices are compliant with the regulations. The
metadata from all submitted trips and sets must accompany these
quarterly reports. As appropriate, NMFS may respond to questions about
fishing practices or possible regulatory violations to assist video
reviewers and EM vendors in understanding the regulations and the EM
program. More detailed information about EM vendor responsibilities can
be found at Sec. 635.9(h)(3) and in the compliance guide on the
website under ADDRESSES.
Application Requirements
There is no formal application form to submit to be a certified EM
vendor. Instead, interested entities must submit all of the following
information to NMFS through the email under ADDRESSES. NMFS will
consider an application to be complete when all requested information
and supporting documentation has been received. The application shall
include, but is not limited to:
<bullet> Identification of the management, organizational
structure, and ownership structure of the applicant's business
including identification by name and general function of all
controlling management interests in the company, including but not
limited to owners, board members, officers, authorized agents, and
staff. If the applicant is a corporation, the articles of incorporation
must be provided. If the applicant is a partnership, the partnership
agreement must be provided.
<bullet> List of all physical and electronic mailing addresses and
any relevant phone or fax numbers where the owner(s) can be contacted
for correspondence.
<bullet> Current physical location for each office.
<bullet> Description of the applicant's ability to carry out
responsibilities and duties of EM vendors as described fully at Sec.
635.9(h)(3) and summarized above.
<bullet> A statement signed under penalty of perjury by an
authorized agent of the applicant EM vendor that each owner, board
member, officer, and employee of the EM vendor has no conflict of
interest. An absence of a conflict of interest requires that, other
than providing EM services to vessel owners and/or operators in the
fishery, a certified EM vendor and its employees must not: have a
direct or indirect interest in a fishery managed under Federal
regulations, including, but not limited to, a fishing vessel, fish
dealer, and/or fishery advocacy group; or solicit or accept, directly
or indirectly, any gratuity, gift, favor, entertainment, loan, or
anything of monetary value from anyone who conducts fishing or fishing
related activities that are regulated by NMFS, or who has interests
that may be substantially affected by the performance or non-
performance of the responsibilities and duties of an EM vendor.
[[Page 12394]]
<bullet> Procedures for hiring and training of competent program
staff to carry out EM field services and data services, including
procedures to train, and maintain the skills of, EM data processing
staff in: use of data processing software; species identification;
metadata reporting requirements; data processing procedures; data
tracking; and reporting and data upload procedures.
More detailed information about EM vendor responsibilities can be
found at Sec. 635.9(h)(2)(i) and in the compliance guide on the
website under ADDRESSES.
Application Evaluation and Certification
NMFS will review and evaluate each complete application and approve
or deny an application within 90 business days of receipt of the
complete application by NMFS. Approval as an EM vendor will be based on
applicant's ability to perform the responsibilities and duties, as
demonstrated in the application information, and an absence of conflict
of interest.
If the application is not complete, NMFS will notify the applicant
of any missing information. If the applicant fails to supplement the
application with the information within 30 days of the date of
notification, NMFS will consider the application to be abandoned.
If the application is complete and approved, NMFS will notify the
vendor that they are certified and will provide any information
pertinent to its participation in the EM program. NMFS will then add
the EM vendor's name to the list of certified EM vendor list found on
the NMFS website and in any outreach information to the industry.
If NMFS determines that the applicant is unable to perform the
responsibilities and duties or has conflicts of interest, NMFS shall
deny the application. If the application is denied, NMFS will notify
the applicant of the reason for denial. Within 30 days of the
applicant's receipt of the denial notification, an applicant may
request reconsideration by submitting additional information to rectify
any deficiencies specified in the written denial. Applicants that do
not submit additional information within the 30-day period must
resubmit a new application containing all required information to be
reconsidered for the list of certified vendors.
If NMFS determines that an EM vendor should be removed from the
list of certified EM vendors, NMFS will notify the EM vendor of the
specific reasons for removal. Within 30 days of receiving such
notification, an EM vendor may submit written evidence to rebut the
reasons for removal from the list and within 30 days of receiving any
rebuttal, NMFS shall notify the EM vendor of its decision. If no
rebuttal is received by NMFS within the first 30-day period, the EM
vendor shall be automatically removed from the list of certified EM
vendors. The decision to remove an EM vendor from the list, either
after reviewing a rebuttal or if no rebuttal is submitted, shall be the
final decision of NMFS and the Department of Commerce. Removal from the
list of approved EM vendors does not necessarily prevent an EM vendor
from obtaining an approval in the future if a new application
demonstrates the reasons for removal are remedied. Additionally, an EM
vendor can request to be removed from the list of certified EM vendors.
More detailed information about EM vendor responsibilities can be found
at Sec. 635.9(h)(2)(ii) and in the compliance guide on the website
under ADDRESSES.
There is no deadline for submission of an application to become a
certified EM vendor. Unless superseded by a future notice, interested
parties can submit an application at any time and NMFS shall review and
evaluate each complete application.
Dated: March 11, 2026.
David R. Blankinship,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-04976 Filed 3-11-26; 4:15 pm]
BILLING CODE 3510-22-P
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