[Federal Register Volume 77, Number 187 (Wednesday, September 26, 2012)]
[Rules and Regulations]
[Pages 59053-59061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23721]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 679
[Docket No. 120416007-2464-01]
RIN 0648-BB67
Fisheries of the Exclusive Economic Zone Off Alaska; Monitoring
and Enforcement Requirements in the Bering Sea and Aleutian Islands
Freezer Longline Fleet
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations that modify equipment and operational
requirements for freezer longliners (catcher/processors) named on
License Limitation Program (LLP) licenses endorsed to catch and process
Pacific cod at sea with hook-and-line gear in the Bering Sea and
Aleutian Islands Management Area (BSAI). These regulations require
vessel owners to select between two monitoring options: carry two
observers so that all catch can be sampled, or carry one observer and
use a motion-compensated scale to weigh Pacific cod before it is
processed. The selected monitoring option is required to be used when
the vessel is operating in either the BSAI or Gulf of Alaska groundfish
fisheries when directed fishing for Pacific cod is open in the BSAI, or
while the vessel is fishing for groundfish under the Western Alaska
Community Development Quota (CDQ) Program. A vessel owner who notifies
NMFS that the vessel will not be used to conduct directed fishing for
Pacific cod in the BSAI or to conduct groundfish CDQ fishing at any
time during a particular year will not be required to select one of the
monitoring options and will continue to follow observer coverage and
catch reporting requirements that apply to catcher/processors not
subject to this action. These regulatory amendments address the need
for enhanced catch accounting, monitoring, and enforcement created by
the formation of a voluntary cooperative by the BSAI longline catcher/
processor subsector in 2010, and are necessary to improve the precision
of the accounting for allocated quota species. This action is intended
to promote the goals and objectives of the Fishery Management Plan for
Groundfish of the Bering Sea and Aleutian Islands Management Area, the
Fishery Management Plan for Groundfish of the Gulf of Alaska, the
Magnuson-Stevens Fishery Conservation and Management Act, and other
applicable laws.
DATES: Effective October 26, 2012.
ADDRESSES: Electronic copies of the proposed rule, the Environmental
Assessment/Regulatory Impact Review (EA/RIR) for this action may be
obtained from http://www.regulations.gov or from the Alaska Region Web
site at http://alaskafisheries.noaa.gov.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted by mail to NMFS, Alaska Region, P.O. Box
21668, Juneau, AK 99802-1668, Attn: Ellen Sebastian, Records Officer;
in person at NMFS, Alaska Region, 709 West 9th Street, Room 420A,
Juneau, Alaska; and by email to OIRA_Submission@omb.eop.gov, or by fax
to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Jennifer Watson, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the U.S. groundfish fisheries
of the exclusive economic zone off Alaska under the Fishery Management
Plan for Groundfish of the Gulf of Alaska (GOA) and the Fishery
Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area (BSAI). The FMPs were prepared by the North Pacific
Fishery Management Council (Council) and approved by the Secretary of
Commerce under authority of the Magnuson-Stevens Fishery Conservation
and Management Act, 16 U.S.C. 1801 et seq. (Magnuson-Stevens Act). The
FMPs are implemented by regulations at 50 CFR parts 679 and 680.
[[Page 59054]]
Background
This action modifies the equipment and operational requirements for
catcher/processor vessels (C/Ps) named on License Limitation Program
(LLP) licenses with a Pacific cod catcher/processor hook-and-line
endorsement for the Bering Sea, Aleutian Islands, or both Bering Sea
and Aleutian Islands. These vessels are commonly known as ``freezer
longliners.'' They also are defined as the ``longline catcher processor
subsector'' in the 2005 Consolidated Appropriations Act (Pub. L. 108-
447). In 2011, 33 vessels actively fished under the 37 LLP licenses
that met the criteria for the longline C/P subsector. A description of
LLP license requirements, management of the longline C/P subsector, and
the development of monitoring and enforcement regulations applicable to
the longline C/P subsector is described in more detail in the preamble
to the proposed rule (77 FR 35925, June 15, 2012) and is not repeated
here.
NMFS requires new monitoring and enforcement provisions applicable
to vessels participating in the BSAI longline C/P subsector as a result
of several pieces of legislation passed by Congress and recent changes
to fishery management regulations, including (1) legislation that
created a defined class of participants in the BSAI longline C/P
subsector--the 2005 Consolidated Appropriations Act (Pub. L. 108-447),
(2) regulatory amendments allocating a specific quantity of Pacific cod
resources in the BSAI to the defined class of longline C/P subsector
participants--detailed in the final rule implementing Amendment 85 to
the BSAI FMP (74 FR 56728, November 3, 2009), and (3) legislation that
allows BSAI longline C/P subsector participants to receive exclusive
catch privileges--the Longline Catcher Processor Subsector Single
Fishery Cooperative Act of 2010 (Pub. L. 111-335). In combination,
these changes created the opportunity for the longline C/P subsector to
form a voluntary fishing cooperative.
Under the voluntary cooperative, members in the longline C/P
subsector allocate a proportion of the available Pacific cod resources
among their members based on private contractual arrangements. The
voluntary cooperative operates as a de facto catch share program
because the cooperative includes all members of the subsector and
together they control harvest of the sector's allocation of Pacific cod
in the BSAI. Vessels fishing under a voluntary cooperative require a
higher level of monitoring to ensure accurate reporting of the catch
allocated to the subsector.
Catch share programs create new demands for enhanced catch
accounting, monitoring, and enforcement. They increase incentives for
participants to misreport catch through unauthorized discards or
inaccurate catch reports. If catch can be successfully misreported or
underreported, the fishing season continues longer than it should, and
the vessel owners and operators are able to catch more Pacific cod than
are allocated to the subsector. The fact that the vessel owners and
operators are fishing under a cooperative contract to maximize the
harvest and value of the Pacific cod allocation for a given halibut PSC
limit provides additional opportunities for them to communicate and
cooperate to underreport catch.
The voluntary cooperative and the CDQ Program present NMFS with
similar monitoring and enforcement challenges. Therefore, this action
applies the same requirements to longline C/Ps operating in both the
CDQ and non-CDQ fisheries. Maintaining the same monitoring measures
ensures consistent methods of catch accounting, avoids confusion for
observers, and reduces the risk of data processing or catch accounting
errors that may occur if monitoring provisions change onboard a vessel
while fishing. Additional detail on the need for enhanced monitoring
requirements for catch share programs and management of the CDQ Program
is provided in the preamble to the proposed rule (77 FR 35925, June 15,
2012) and not repeated here.
Actions Implemented by Rule
The proposed rule for this action was published in the Federal
Register on June 15, 2012 (77 FR 35925). The 30-day comment period on
the proposed rule ended July 16, 2012. The regulatory provisions
implemented by this action are summarized here. Additional information
and a description of this action are provided in detail in the preamble
to the proposed rule and are not repeated here.
This action affects vessels in the longline C/P subsector when
those vessels (1) operate in either the BSAI or GOA groundfish
fisheries when directed fishing for Pacific cod is open in the BSAI, or
(2) while the vessel is participating in the CDQ fisheries
(``groundfish CDQ fishing''). Members of the subsector who do not
intend to fish for Pacific cod in the BSAI or to conduct groundfish CDQ
fishing during the upcoming calendar year may notify NMFS (``opt out'')
and will not be subject to the enhanced monitoring requirements in that
calendar year.
Members of the subsector who intend to fish for Pacific cod in the
BSAI or to conduct groundfish CDQ fishing in the upcoming calendar year
will be required to select one of two monitoring options: carry two
observers so that all catch can be sampled, or carry one observer and
use a motion-compensated scale to weigh Pacific cod before it is
processed. NMFS has examined both options and determined that either
option will improve catch accounting on the freezer longliners and
provide the data needed to properly manage the Pacific cod and
groundfish CDQ fisheries. Vessel owners will be required to select an
option prior to November 1 for the upcoming calendar year. Once the
selection is made, it will apply for the entire year and the vessel
owner will not be able to change it during the year for which it was
made.
Under the increased observer coverage monitoring option, the vessel
owner and operator will be required to carry two observers and provide
an observer sampling station meeting location and space requirements.
The vessel operator will be required to use an electronic logbook to
report catch at all times during that year. One of the two observers
must have a lead level 2 certification. The observers must have the
opportunity to sample all sets. A lead level 2 observer must meet
minimum time-at-sea requirements. The level 2 requirement ensures that
observers have experience at sea; the ``lead'' requirement ensures that
they have had experience with longline or pot gear and that, having
taken at least two cruises, they have experience with various fixed-
gear operations. Because the data collected by observers is directly
used to debit quota accounts, the observer estimates are carefully
reviewed and scrutinized by catch share participants. NMFS has found
that observers with prior experience with a specific gear type are more
likely to collect usable data for quota management.
Under the scales monitoring option, the vessel owner and operator
will be required to use a NMFS-approved scale to weigh all Pacific cod,
provide and maintain a NMFS-approved electronic monitoring system to
monitor sorting and weighing of Pacific cod, carry one lead level 2
observer, and provide an observer sampling station meeting location and
space requirements. Each set must be weighed and recorded separately.
NMFS will use the weight of all catch that passes over the scale to
account for Pacific cod catch. The vessel operator will be required to
use an
[[Page 59055]]
electronic logbook to report catch at all times during that year.
This action also reduces the experience requirements for lead level
2 observers to address concerns raised by the observer providers about
a potential shortage of observers as a result of this action. Reducing
the experience requirements will increase the pool of qualified lead
level 2 observers. The number of sampled sets required for lead level 2
qualification is reduced from 60 sampled sets to 30 sampled sets.
Finally, this action removes the allowance for an ``alternative
fishing plan'' under the CDQ Program. Because this action will
standardize the monitoring options for longline C/Ps in both the CDQ
and non-CDQ fisheries, the alternative fishing plan regulations are no
longer necessary.
Comments and Responses
NMFS received 3 letters of comment from fishing organizations and 2
letters of comment from the general public addressing 13 distinct
topics related to the proposed rule. A summary of the relevant comments
and NMFS' responses, follows. No changes were made to the proposed rule
as a result of these comments.
Comment 1: The commenter supports the proposed requirements for two
observers on longline catcher/processors, but does not support the
proposed requirements for the use of a flow scale and a lead level 2
observer because of the difficult work schedule observers must follow
when only one observer is aboard and the cost of installing the flow
scale and camera equipment onboard.
Response: NMFS acknowledges this comment. The requirements provide
vessel owners two options to meet NMFS' monitoring objectives. A vessel
owner may select the scales option or the increased observer coverage
option depending on which option best meets the vessel's annual fishing
plan and is the most cost effective for their vessel. Either monitoring
option will result in quality data and enable NMFS to estimate Pacific
cod catch in the longline C/P sector. The costs associated with both
monitoring options are described in section 1.3 of the EA/RIR (see
ADDRESSES). NMFS agrees that the scale option will increase the
complexity of the observer's job and, as described in section 1.3.4 of
the EA/RIR (see ADDRESSES), this is part of the rationale for requiring
that the single observer under this option be lead level 2 certified.
Comment 2: The increase in the total number of lead level 2
observers needed to cover the BSAI freezer longline fleet is
unsustainable and, in the long term, will lead to a shortage of
qualified observers. Further, all freezer longline vessels will choose
the scale option in the next two years. When this occurs, the training
opportunity for observers to gain lead level 2 experience will no
longer be available. If adequate observers are not available in a
timely manner the vessel will have to stop fishing and wait for an
observer to become available, which will have negative economic
consequences.
Response: NMFS disagrees. NMFS acknowledges in section 1.3 of the
EA/RIR (see ADDRESSES) that obtaining lead level 2 observers may be
more difficult for fishing vessels than in the past and the demand for
fixed gear lead level 2 observers will be much greater than in the
past. NMFS notes that there are uncertainties associated with the new
observer employment market conditions that we anticipate will accompany
the introduction of the restructured observer program (77 FR 23326,
April 18, 2012). The proposed action for the restructured observer
program would add a funding and deployment system for observer coverage
to the existing North Pacific Groundfish Observer Program (Observer
Program) and amend existing observer coverage requirements for vessels
and processing plants. The new funding and deployment system would
allow NMFS to determine when and where to deploy observers according to
management and conservation needs. We anticipate the restructured
observer program will be implemented in 2013. NMFS also notes that
there are additional uncertainties with the freezer longline sector's
observer coverage needs as vessel operations evolve under the
cooperative's catch share program.
Section 1.3.4 of the EA/RIR (see ADDRESSES) describes other ways
observers can gain lead level 2 experience. While opportunities for
obtaining lead level 2 qualifications within the freezer longline fleet
will be limited, observers may gain experience aboard the fixed gear
catcher vessels, vessels in the affected fleet that choose to ``opt
out'' of fishing under the program, freezer longliners that fish only
in the GOA, pot catcher vessels, and pot catcher/processors. However,
the EA/RIR (see ADDRESSES) highlights that the restructured observer
program will provide the most new opportunities for observers to
acquire lead level 2 certification. In addition, through this action
NMFS reduced the number of sampled sets required for lead level 2
certification by half. Both of these factors increase the likelihood
that there will be sufficient lead level 2 observers in the long term.
The analysis suggests that it is likely that the number of qualified
lead level 2 observers will exceed the number required in any given
year. The analysis highlights mobilizing fixed gear lead level 2
observers is an essential component to ensuring vessels obtain the
observer coverage required without stranding vessels at the dock.
Methods exist to obtain, train, and retain the needed lead level 2
observers as explained in section 1.3.4 of the EA/RIR (see ADDRESSES).
These methods include paying observers higher wages and using the
voluntary cooperative's structure to compensate vessels that choose to
carry an additional observer to gain the experience required for lead
level 2 certification. The cooperative may be able to arrange for its
members to compensate some vessels to carry an observer in addition to
the lead level 2 observer, and that observer could obtain the sampling
experience needed to qualify for a lead level 2 position. The freezer
longline fleet may also use the cooperative arrangements to adjust
their fishing operations to ensure that a lead level 2 observer is
available to the fleet and vessels are not stranded at the dock without
observer coverage.
The observer employment market will play a crucial role in ensuring
that enough lead level 2 observers are created and mobilized to meet
the quantity demanded. Based on the analysis prepared for this action,
NMFS anticipates that there will be enough lead level 2 observers to
meet the requirements of this monitoring program.
Comment 3: The assumptions in the analysis about the numbers of
deployments, days, and sets needed to qualify as a lead level 2
observer for nontrawl gear and the number of days that a lead level 2
observer are needed are inaccurate. NMFS has not accurately estimated
the sets per day, and has failed to take account of the impact of total
allowable catch (TAC) fluctuations on the need for observers.
Response: NMFS agrees in part. The freezer longline fishery's exact
future observer needs are uncertain. The EA/RIR (see ADDRESSES) uses
the best available information to evaluate the potential number of lead
level 2 observers that may be available. NMFS has reviewed its sets per
day estimates. After this review, NMFS found that it had based its
estimates on longline sets rather than longline and pot sets and that
it had not adequately distinguished between vessel days when an
observer was aboard and vessel days at sea on which gear was retrieved.
The EA/RIR
[[Page 59056]]
(see ADDRESSES) has been revised to use the broader fixed gear
(longline and pot) estimates and the more conservative parameter of
vessel days when an observer was aboard. This led to a change in the
number of catcher vessel sets per fishing day from 2.63 to 1.87. The
new value is known to be a conservative estimate, but NMFS believes it
is an improvement from the original value.
NMFS agrees that the freezer longline fleet's observer usage may
change from year to year as the TAC changes, or from vessel to vessel
depending on the distribution of allocations within the voluntary
cooperative. However, in its analysis of the anticipated future demand
for observers, NMFS made projections assuming a fleet of the current
size fishing for an entire year. This assumption is conservative,
because some vessels do not fish the entire year to accommodate changes
in crews, maintenance, and product offloads.
The modifications to revise the number of sets per day and the
total number of days fished did not change the result of NMFS's
analysis of the availability of lead level 2 observers. Therefore, no
change in the regulations was made based on this comment.
Comment 4: The analysis did not consider whether the fixed gear
lead level 2 observers were also trawl lead level 2 certified. If
observers are lead level 2 qualified for both gear types, then they may
be deployed into the trawl fishery where they are also required and
unavailable to observe aboard fixed gear vessels. Therefore, the
analysis may have overestimated the number of lead level 2 observers
that will be available to the freezer longliners.
Response: NMFS acknowledges this comment. Section 1.3.4 of the EA/
RIR (see ADDRESSES) describes that, while there were about 208 lead
level 2 observers under current qualification requirements, only 39
were needed in 2010-2011. The analysis found that despite the large
difference between the number of persons with the qualification and the
number of persons used, the industry had difficulty finding enough lead
level 2 observers. This difficulty in finding enough lead level 2
observers could be due to many factors, including observers with both
trawl and fixed gear lead level 2 certification. While the analysis did
not originally discuss the reasons for the difficulties in obtaining
lead level 2 observers, it has been modified to include this
discussion, including the difficulties that could be associated with
finding enough lead level 2 observers because some observers may have
both trawl and fish gear lead level 2 certification. Although some
vessel operators had problems obtaining lead level 2 observers, NMFS
does not have information that suggests this difficulty prevented
vessel operators from fishing. As described in the response to comment
3, NMFS cannot guarantee that lead level 2 observers will always be
available. Rather, NMFS analyzed available information and assumptions
to estimate potential observer availability.
Comment 5: The analysis suggests that the restructured observer
program, which will start in 2013, will be a training ground for lead
level 2 observers. This is an assumption about a future program that
has not yet been implemented and could be wrong. It is possible that
the restructured observer program will yield fewer lead level 2
observers at a slower pace than the current observer program. The lead
level 2 requirement in this rule should be dropped until the
restructured observer program is implemented and has fully functioned
for several years.
Response: NMFS agrees that there are uncertainties about the
restructured observer program's effect on the availability of lead
level 2 observers to the freezer longline fleet, as discussed in
section 1.3.4 of the EA/RIR (see ADDRESSES). However, NMFS disagrees
that these uncertainties should delay implementation of this action.
The EA/RIR (see ADDRESSES) acknowledges that the number of observers
that will gain experience as a result of the restructured observer
program is uncertain; a wide range of observer availability scenarios
has been examined in the analysis. NMFS examined different observer
coverage levels in the restructured observer program and the resulting
observer recruitment levels, as well as different attrition rates, at
these different observer recruitment levels.
NMFS cannot delay the implementation of the lead level 2
requirement without delaying all the monitoring requirements in this
program. The lead level 2 requirement is an essential component to the
suite of monitoring tools created to manage the voluntary cooperative.
Without this component the monitoring program will not function as
intended. NMFS must implement these monitoring measures as soon as
practicable because this fleet has already formed a voluntary
cooperative and to achieve the objectives identified in the purpose and
need statement.
NMFS will continue to monitor the number of observers that become
lead level 2 qualified in the fixed gear fleet in the partial coverage
category of the restructured observer program. NMFS could reconsider
the monitoring requirements for the freezer longline fleet if there is
a future shortage of lead level 2 observers. Any modification to the
monitoring provisions in this rule would require a new analysis and
rule making. The current best information available to NMFS does not
support changes to the proposed rule.
Comment 6: The industry can increase the wages it pays for lead
level 2 observers, but this will not lead to sufficient increases in
the numbers of observers undertaking this work. Observers are motivated
by important non-wage considerations. Even if freezer longliners and
observer providers invest the resources to increase the number of lead
level 2 observers, there is no certainty that the observer would remain
available to the freezer longline fleet.
Response: NMFS does not have statistical information about the
responsiveness of observer supply to different types of compensation
packages. NMFS recognizes at Section 1.3.4 of the EA/RIR (see
ADDRESSES) that many observers do not recognize observing as a career,
that for almost all it is a seasonal job, and that observers are
motivated by many things besides their pay.
However, NMFS believes that, in general, wages are an important
motivator for work effort. Increased wages are likely to motivate
existing lead level 2 observers to work longer seasons, encourage
existing observers within the Alaska Region to become fixed gear lead
level 2 observers, and to draw qualified biologists, including
observers from other regions, into the pool of North Pacific fixed gear
lead level 2 observers. Increased wages for observer providers will
also be necessary to encourage providers to incur the costs required in
nurturing new lead level 2 observers. NMFS acknowledges that paying
higher wages to lead level 2 observers will reduce the economic
benefits freezer longline operators obtain from their cooperative
fishing arrangements.
As discussed in section 1.3.4 of the EA/RIR (see ADDRESSES), an
increase in wages paid for fixed gear lead level 2 observers should
increase the number of fixed gear lead level 2 observers and decrease
the demand for them as well. Freezer longliner owners could change
fishing operations to increase daily production to reduce the number of
days each vessel fishes each year and thereby reduce the number of days
an observer is required. Vessel owners may also take steps to provide
non-monetary
[[Page 59057]]
benefits to the observers, such as improved living and working
conditions to increase an observer's desire to return or to work longer
aboard these freezer longliners. NMFS again acknowledges that steps
like these would be a cost to freezer longliner owners and would reduce
the benefits they obtain from cooperative fishing arrangements.
Comment 7: Lead level 2 observers are not needed in this program,
because NMFS can collect quality data on these vessels with the current
level of observer coverage. Current training already provides the
observer with all of the necessary skills to work on a freezer
longliner with scales and accurately provide catch and bycatch
information to NMFS on a daily basis.
Response: NMFS disagrees. As stated in section 1.3.4 of the EA/RIR
(see ADDRESSES), lead level 2 observers are required in this program
under both the scale option and the increased observer coverage options
to ensure that NMFS has quality data available on a haul-by-haul basis.
The lead level 2 qualification is required for several reasons:
Catch share programs create new incentives for operators
to circumvent management measures. These incentives can be addressed in
part by deploying experienced observers with specialized experience
with the gear being deployed. In recent years, observer reports of
harassment and intimidation in the freezer longline sector have
increased. NMFS believes that, at least partly as a response to the new
cooperative arrangements, vessel owners and operators are becoming more
interested in haul-by-haul observer data in the freezer longline
sector. As a result, some vessel operators are pressuring observers to
change sample numbers, sample more, sample less, or sample differently.
Experienced observers are more likely to identify vessel operator and
crew actions that lead to sampling of unrepresentative sets, be more
confident in their sampling decisions, and withstand pressure,
particularly when only one observer may be on board.
Performances issues with new observers can impact NMFS'
monitoring of scale performance; of halibut prohibited species catch
(PSC) and viability; and of all discard estimates, including Pacific
cod. Experienced observers are familiar with different vessel layouts
and operations. They can adapt quickly to vessel-specific conditions
when assigned to a new freezer longliner. New observers or observers
with little experience on fixed gear vessels need extra time to develop
the best sampling techniques for that specific vessel. Lack of
experience results in unsampled sets or lower data quality. Observers
with experience aboard a fixed gear vessel should be able to quickly
familiarize themselves with a new vessel and establish an unbiased
sampling protocol.
The scales option requires that only Pacific cod be
weighed on the flow scale. Flow scales will be new to freezer
longliners and NMFS believes that the sole observer must be a lead
level 2 in order to detect and minimize problems that could occur. An
observer with this level of experience should have the skills necessary
to solve sampling and data collection problems in this new monitoring
program. An observer unfamiliar with fixed gear operations will have
difficulty determining if the scale is being used correctly. An
experienced observer can address scale performance issues with the
responsible vessel representatives prior to disembarking the vessel.
Comment 8: The only way to maintain a sustainable supply of lead
level 2 observers for the freezer longline fleet in the future is for
NMFS to either eliminate the single lead level 2 requirement for most
boats, or mandate a lead level 2 observer and require a second observer
whose only reason for being on board would be to gain experience toward
lead level 2 certification.
Response: NMFS disagrees. As discussed in the response to comment
2, our analysis indicates that a sustainable supply of lead level 2
observers should be available in the short, as well as the long, term.
NMFS does not believe that mandating a second observer for training
purposes is necessary. To the extent the fleet believes there may be a
shortage of trained lead level 2 observers, the cooperative structure
of the fleet enables participants to voluntarily work with observer
providers to provide training opportunities on board participating
vessels. Some of the vessels could also choose to fish under the
increased observer coverage option and increase the training
opportunities for new observers.
Comment 9: Compared to other fleets that require lead level 2
observers, the Pacific cod freezer longline fleet has relatively low
catch rates and less species diversity. NMFS should not rely on the
experience in these other fleets as a demonstration for a need for lead
level 2 observers for the smaller less productive freezer longliners.
Response: NMFS disagrees. As described in the EA/RIR (see
ADDRESSES) and the response to comment 7, the lead level 2 observer
requirement addresses fleet incentives to circumvent management
measures, the increased reliance by NMFS and industry for haul-by-haul
catch composition and discard information, and the need to monitor
compliance with the scale requirements.
Comment 10: The freezer longliner fishery is similar to other fixed
gear quota share fisheries, such as the halibut and sablefish
individual fishing quota and the Bering Sea crab catcher/processor
fleets. No lead level 2 observer requirement exists for these similar
fleets.
Response: NMFS disagrees. NMFS did not use the measures implemented
in other programs as a rationale for determining the measures necessary
for this program. NMFS examined and developed specific monitoring
requirements necessary for accurate catch monitoring in the freezer
longline fleet based on the specific fishery characteristics. As
different programs have been developed, the nature of those programs,
their goals, and the history and nature of the fishery prior to
rationalization has differed and therefore, NMFS has developed
different monitoring requirements for each program. The rationale for a
lead level 2 observer is discussed in comment 7 and section 1.3.4 of
the EA/RIR (see ADDRESSES).
Comment 11: The proposed rule and the analysis discount repeated
input from industry leaders and the years of experience and knowledge
of the entire pool of observer providers. Rather than accept input from
these entities, NMFS is choosing to push forward with the requirement
for lead level 2 observers based on the position that this is necessary
in the case of the freezer longliners because it was found to be
necessary in previous rationalized fisheries.
Response: NMFS disagrees. NMFS has considered input from observer
providers and freezer longline operators in preparing this final rule.
NMFS staff presented the proposed requirements at a fleet meeting in
May 2011 and responded to questions about the lead level 2 requirement
at that time. NMFS received public testimony regarding the lead level 2
requirements during the October 2011 North Pacific Fisheries Management
Council meeting and responded by explaining that the lead level 2
requirement ensures a quality monitoring program for this fishery.
Following the October 2011 letter from the observer providers, NMFS
contacted several observer providers to further understand their
concerns. The EA/RIR (see ADDRESSES) was revised to add a new section
on the lead level 2 requirement analyzing issues raised by
[[Page 59058]]
providers. The proposed rule for this action (77 FR 35972, June 15,
2012), proposed reducing the number of sampled sets currently required
to achieve lead level 2 status. This proposed change directly responded
to public input. Finally, because of the public interest in the lead
level 2 requirement, NMFS posted the analysis to NMFS Alaska region Web
site earlier than required.
As noted in the responses to comments 7 and 10, NMFS the decision
to require a lead level 2 observer is not related to requirements in
other rationalized fisheries. NMFS acknowledges that the experience
gained from these other fisheries has demonstrated the need for lead
level 2 observers to address incentives to misreport catch. NMFS
determined that requiring observers that have the most experience and
knowledge of fishing operations aboard fixed gear vessels was essential
to ensure this new and unique program functions as anticipated.
Comment 12: We agree that the scale, 100 percent observer coverage,
and camera requirements under the scale option will provide more
precise estimates and strengthen management and enforcement under this
program.
Response: NMFS agrees that the addition of flow scales, observer
sampling stations, video monitoring to ensure all Pacific cod are
sorted and weighed correctly, and the requirement for every vessel in
this fleet to be observed will serve to improve the catch and fishing
effort data in the freezer longline fleet.
Comment 13: The idea that freezer longline vessels could carry an
observer in addition to the lead level 2 observer is flawed because
Federal law mandates that vessel owners and operators cannot request
particular individuals to work on their vessels.
Response: NMFS disagrees. Vessel owners and operators may request
from the observer providers additional observers aboard their vessels.
The regulations do prohibit vessels from requesting a preference for a
specific observer, but there is no prohibition against requesting an
additional observer in much the same way vessels currently request
observers. In other fleets, vessel owners or operators have voluntarily
requested an additional observer to improve data quality and observer
working conditions. Similarly, freezer longline vessels have
voluntarily taken extra observer coverage to monitor halibut PSC in the
GOA fisheries.
Changes From the Proposed Rule
No changes to the regulations were made based on public comment.
However, NMFS has identified two minor issues that require revisions to
the proposed rule. First, this final rule does not include the proposed
rule revisions to Sec. Sec. 679.51, 679.53, and 679.32(c)(3)(i)(E)(1).
When this proposed rule was published (June 15, 2012), NMFS expected
that the final rule to restructure the Observer Program, which would
add these sections, would be in effect. NMFS predicts that the final
rule to restructure the Observer Program will be published and
effective after this final rule takes effect. Therefore, the proposed
revisions to Sec. Sec. 679.51, 679.53 and 679.32(c)(3)(i)(E)(1) in the
proposed rule are reflected as revisions to Sec. Sec. 679.50 and
679.32(c)(3)(i)(F)(1) in this final rule. The intent and effect of
these regulations has not changed.
Second, this final rule corrects an error made in Sec.
679.32(c)(3)(i)(F)(1) in a final rule published on February 8, 2012 (77
FR 6492). NMFS identified the error in July, 2012, after CDQ groups and
other affected Pacific cod harvesting entities asked NMFS for
clarification on sampling requirements for CDQ sets on vessels using
nontrawl gear. When NMFS reorganized the CDQ catch monitoring
regulations in the February 8, 2012, final rule, NMFS inadvertently
substituted ``hook-and-line gear'' for ``nontrawl gear'' in the
requirement that each set be sampled by an observer. Because nontrawl
gear includes both longline and pot gear, this regulatory amendment
unintentionally expanded the requirement that each set be sampled to
pot catcher/processors participating in groundfish CDQ fisheries. This
was not NMFS' intent. In addition, NMFS carried this error forward in
the proposed rule for this action (77 FR 35925; June 15, 2012). NMFS
corrects this error by revising Sec. 679.32(c)(3)(i)(F)(1) to remove
the requirement that catcher/processors using pot gear to refer only to
the observer coverage requirements that apply to these vessels and to
remove the requirement that each set be sampled by an observer. This
change is consistent with the regulations in effect prior to the error.
OMB Revisions to Paperwork Reduction Act References in 15 CFR 902.1(b)
Section 3507(c)(B)(i) of the PRA requires that agencies inventory
and display a current control number assigned by the Director, OMB, for
each agency information collection. Section 902.1(b) identifies the
location of NOAA regulations for which OMB approval numbers have been
issued. Because this final rule adds a collection-of-information for
recordkeeping and reporting requirements, 15 CFR 902.1(b) is revised to
reference correctly the new sections resulting from this final rule.
Classification
Pursuant to section 305(d) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this rule is consistent
with the FMPs, other provisions of the Magnuson-Stevens Act, and other
applicable law.
Pursuant to 5 U.S.C.553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on the correction to Sec.
679.32(c)(3)(i)(F)(1) that is made in this final rule, as notice and
comment is unnecessary and contrary to the public interest. After it
received CDQ and affected fishery participants' clarification requests,
NMFS recognized that the proposed rule inadvertently carried forward an
error in Sec. 679.32(c)(3)(i)(F)(1) that had been made in a previous
final rule. This error affects only catcher/processors using pot gear
in the groundfish CDQ fisheries. However, the error unintentionally
increases observer sampling requirements on these vessels. By letter
dated July 31, 2012, NMFS provided the CDQ groups actual notice of the
error in the regulations and NMFS' intent to correct the error as soon
as possible. Providing prior notice and opportunity to comment is
contrary to the public interest. Unless the error is corrected
immediately, public confusion regarding sampling requirements would
persist and vessels would continue to be required to sample sets at a
higher rate than NMFS meant to impose and was anticipated by the
fishery participants. The correction will reduce the amount of sampling
effort, thus freeing the affected participants from an unintended
burden that affects their operations. Further, unless the error is
corrected now, affected participants would continue to pay higher
observer costs than was intended. No interested party will be adversely
affected by this waiver.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Council for Advocacy of the Small Business
Administration during the proposed rule stage that this action will 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
[[Page 59059]]
regulatory flexibility analysis was not required and none was prepared.
Collection-of-Information Requirements
This final rule contains collection-of-information requirements
subject to the Paperwork Reduction Act (PRA) and which have been
approved by the Office of Management and Budget (OMB). The collection-
of-information requirements are presented below by OMB control number.
OMB Control No. 0648-0213
The reporting requirements for the C/P longline or pot gear daily
cumulative logbook (DCPL) are removed for certain C/Ps with this final
rule; the electronic logbook (see OMB 0648-0515) is used in place of
the DCPL by freezer longliners (C/Ps) named on LLP licenses endorsed to
catch and process Pacific cod at sea with hook-and-line gear in the
BSAI.
OMB Control No. 0648-0318
The Observer Program requirements are mentioned in this final rule;
however, the public reporting burden for this collection-of-information
is not directly affected by this final rule.
OMB Control No. 0648-0330
Public reporting burden is estimated to average 30 minutes for
Pacific Cod Monitoring Option or Opt-out Notification Form; 2 hours for
Inspection Request for an Electronic Monitoring System; 6 minutes for
At-Sea Scales Inspection Request; 2 minutes for notification to
observers of at-sea scale tests; 45 minutes for Record of Daily Flow
Scale Test; 1 minute for printed output from at-sea scale; and 2 hours
for Observer Sampling Station Inspection Request.
OMB Control No. 0648-0334
LLP license requirements are mentioned in this final rule; however,
the public reporting burden for this collection-of-information is not
directly affected by this final rule.
OMB Control No. 0648-0515
Public reporting burden is estimated to average 15 minutes for
eLogbook registration and 41 minutes per active response and 5 minutes
per inactive response for the C/P longline and pot gear eLogbook.
These reporting burden estimates include the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding these burden
estimates or any other aspect of this data collection, including
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by
email to OIRA_Submission@omb.eop.gov, or fax to 202-395-7285.
Notwithstanding any other provision of the 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
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 679
Alaska, Fisheries, Recordkeeping and reporting requirements.
Dated: September 21, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
For the reasons set out in the preamble, NMFS amends 15 CFR Chapter
IX and 50 CFR Chapter VI as follows:
15 CFR CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION,
DEPARTMENT OF COMMERCE
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
0
1. The authority citation for part 902 continues to read as follows:
Authority: 44 U.S.C. 3501 et seq.
0
2. In Sec. 902.1, in the table in paragraph (b), under the entry ``50
CFR'', add entries in alphanumeric order for '' 679.28(k)'';
``679.100(a) and (b)''; ``679.100(c)''; and ``679.100(d)''. The
additions read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
Current OMB control number
CFR part or section where the information (all numbers begin with 0648-
collection requirement is located )
------------------------------------------------------------------------
* * * * *
50 CFR....................................
* * * * *
679.28(k)................................. -0330, -0610
* * * * *
679.100(a) and (b)........................ -0330, -0515
679.100(c)................................ -0515
679.100(d)................................ -0330
* * * * *
------------------------------------------------------------------------
50 CFR CHAPTER VI--FISHERY CONSERVATION AND MANAGEMENT, NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
3. The authority citation for 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.
0
4. In Sec. 679.5, revise paragraph (f)(1)(ii) and add paragraph
(f)(1)(viii) to read as follows:
Sec. 679.5 Recordkeeping and reporting (R&R).
* * * * *
(f) * * *
(1) * * *
(ii) Catcher/processor longline and pot gear ELB. Except for
catcher/processors subject to Sec. 679.100(b), the operator of a
catcher/processor using longline or pot gear may use a combination of a
NMFS-approved catcher/processor longline and pot gear ELB and eLandings
to record and report groundfish information. The operator may use a
NMFS-approved catcher/processor longline and pot gear ELB to record
daily processor identification information and catch-by-set
information. In eLandings, the operator must record daily processor
identification, groundfish production data, and groundfish and
prohibited species discard or disposition data.
* * * * *
(viii) Longline catcher/processor subsector. The operator of a
catcher/processor subject to Sec. 679.100(b) must use a NMFS-approved
catcher/processor longline and pot gear ELB to record processor
identification information, catch-by-set information, and, if required
to weigh Pacific cod on a NMFS-approved scale, the total Pacific cod
weight from the scale for each set. This requirement applies for the
entire year that the vessel is subject to Sec. 679.100(b) and
operating as a catcher/
[[Page 59060]]
processor using either longline or pot gear.
* * * * *
0
5. In Sec. 679.7, add paragraph (c)(1) to read as follows:
Sec. 679.7 Prohibitions.
* * * * *
(c) * * *
(1) For vessel owners and operators subject to Sec. 679.100(a), to
use the vessel as a catcher/processor to conduct directed fishing for
Pacific cod with hook-and-line gear in the BSAI or to conduct
groundfish CDQ fishing.
* * * * *
0
6. In Sec. 679.28, add paragraph (k) to read as follows:
Sec. 679.28 Equipment and operational requirements.
* * * * *
(k) Electronic monitoring in the longline catcher/processor
subsector. The owner and operator of a catcher/processor subject to
Sec. 679.100(b)(2) must provide and maintain a NMFS-approved
electronic monitoring system 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.
(1) In order to be approved by NMFS, the vessel owner and operator
must provide an electronic monitoring system that include cameras, a
monitor, and a digital video recorder that must--
(i) Provide sufficient resolution and field of view to monitor all
areas where Pacific cod are sorted from the catch, all fish passing
over the motion-compensated scale, and all crew actions in these areas.
(ii) Have sufficient data storage capacity to record all video data
from an entire trip. Each frame of stored video data must record a
time/date stamp in Alaska local time (A.l.t.).
(iii) Include at least one external USB (1.1 or 2.0) port or other
removable storage device approved by NMFS.
(iv) Use commercially available software.
(v) Use color cameras, with a minimum of 470 TV lines of
resolution, auto-iris capabilities, and output color video to the
recording device with the ability to revert to black and white video
output when light levels become too low for color recognition.
(vi) Record at a speed of no less than 5 frames per second at all
times when Pacific cod are being sorted or weighed.
(2) NMFS staff, or any individual authorized by NMFS, must be able
to view any footage from any point in the trip using a 16-bit or better
color monitor that can display all cameras simultaneously and must be
assisted by crew knowledgeable in the operation of the system.
(3) The vessel owner and operator must maintain the video data and
make the data available to NMFS staff or any individual authorized by
NMFS, upon request. The data must be retained onboard the vessel for no
less than 120 days after the date the video is recorded, unless NMFS
has notified the vessel owner in writing that the video data may be
retained for less than this 120-day period.
(4) The vessel owner or operator must arrange for NMFS to inspect
the electronic monitoring system and maintain a current NMFS-issued
electronic monitoring system inspection report onboard the vessel at
all times when the vessel is required to provide an approved electronic
monitoring system.
(5) The vessel owner or operator must submit an Inspection Request
for an Electronic Monitoring System to NMFS with all information fields
accurately filled in. The application form is available on the NMFS
Alaska Region Web site (http://alaskafisheries.noaa.gov/). NMFS will
coordinate with the vessel owner to schedule the inspection no later
than 10 working days after NMFS receives a complete request form.
(6) Additional information required for an electronic monitoring
system inspection. (i) A diagram drawn to scale showing all sorting
locations, the location of the motion-compensated scale, the location
of each camera and its coverage area, and the location of any
additional video equipment must be submitted with the Inspection
Request for an Electronic Monitoring System form.
(ii) Any additional information requested by the Regional
Administrator.
(7) Any change to the electronic monitoring system that would
affect the system's functionality or ability to meet the requirements
described at paragraph (k)(1) of this section must be submitted to, and
approved by, NMFS in writing before that change is made.
(8) Inspections will be conducted on vessels tied to docks at Dutch
Harbor, Alaska; Kodiak, Alaska; and in the Puget Sound area of
Washington State.
(9) After an inspection, NMFS will issue an electronic monitoring
system inspection report to the vessel owner, if the electronic
monitoring system meets the requirements of paragraph (k) of this
section. The electronic monitoring system report is valid for 12 months
from the date it is issued by NMFS. The electronic monitoring system
inspection report must be made available to the observer, NMFS
personnel, or to an authorized officer upon request.
0
7. In Sec. 679.32, revise paragraph (c)(3)(i)(F)(1), and remove
paragraph (c)(3)(ii)(G) to read as follows:
Sec. 679.32 CDQ fisheries monitoring and catch accounting.
* * * * *
(c) * * *
(3) * * *
(i) * * *
(F) * * *
(1) Operators of catcher/processors using hook-and-line gear must
comply with Sec. 679.100. Operators of catcher/processors using pot
gear must comply with observer coverage requirements at Sec.
679.50(c)(4)(iii)(D); and
* * * * *
0
8. In Sec. 679.50, remove and reserve paragraph (c)(4)(iii)(C), revise
paragraph (c)(1) introductory text and paragraph (j)(1)(v)(E)(3), and
add paragraph (c)(8) to read as follows:
Sec. 679.50 Groundfish Observer Program.
* * * * *
(c) * * *
(1) Unless otherwise specified in paragraphs (c)(4) through (8) of
this section, observer coverage is required as follows:
* * * * *
(8) Longline catcher/processor subsector. The owner and operator of
a catcher/processor subject to Sec. 679.100(b) must comply with the
following observer coverage requirements:
(i) Increased observer coverage option. If the vessel owner selects
the increased observer coverage option under Sec. 679.100(b)(1), at
least two observers must be aboard the vessel 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. At least one of the observers must be
certified as a lead level 2 observer as described at Sec.
679.50(j)(1)(v)(E)(3). More than two observers are required if the
observer workload would otherwise preclude sampling as required under
Sec. 679.100(b)(1)(ii).
(ii) Scales option. If the vessel owner selects the scales option
under Sec. 679.100(b)(2), one lead level 2 observer as described at
paragraph (j)(1)(v)(E)(3) of this section must be aboard the vessel 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.
* * * * *
[[Page 59061]]
(j) * * *
(1) * * *
(v) * * *
(E) * * *
(3) A ``lead'' level 2 observer on a vessel using nontrawl gear
must have completed two observer cruises (contracts) of at least 10
days each and sampled at least 30 sets on a vessel using nontrawl gear.
* * * * *
0
9. Add subpart I to part 679 to read as follows:
Subpart I--Equipment and Operational Requirements for the Longline
Catcher/Processor Subsector
Sec. 679.100 Applicability.
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 must
comply with the requirements of this subpart.
(a) Opt out selection. Each year, the owner of a vessel subject to
this subpart who does not intend to directed fish for Pacific cod in
the BSAI or conduct groundfish CDQ fishing at any time during a year
may, by November 1 of the year prior to fishing, submit to NMFS a
completed notification form to opt out of directed fishing for Pacific
cod in the BSAI and groundfish CDQ fishing in the upcoming year. The
notification form is available on the NMFS Alaska Region Web site
(http://alaskafisheries.noaa.gov/). Once the vessel owner has selected
to opt out, the owner must ensure that the vessel is not used as a
catcher/processor to conduct directed fishing for Pacific cod with
hook-and-line gear in the BSAI or to conduct groundfish CDQ fishing
during the specified year.
(b) Monitoring option selection. Each year, the owner of a vessel
subject to this subpart that does not opt out under paragraph (a) of
this section must, by November 1 of the year prior to fishing, submit a
completed notification form for one of two monitoring options to NMFS.
The notification form is available on the NMFS Alaska Region Web site
(http://alaskafisheries.noaa.gov/). 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 for the entire upcoming calendar year. If NMFS
does not receive a notification to opt out or a notification for one of
the two monitoring options by November 1 of the year prior to fishing,
NMFS will assign that vessel to the increased observer coverage option
under paragraph (b)(1) of this section for the upcoming calendar year.
(1) Increased observer coverage option. Under this option, the
vessel owner and operator must ensure that--
(i) The vessel is in compliance with observer coverage requirements
described at Sec. 679.50(c)(8)(i).
(ii) The time required for an observer to complete sampling, data
recording, and data communication duties may not exceed 12 consecutive
hours in each 24-hour period.
(iii) An observer sampling station meeting the requirements at
Sec. 679.28(d) is available at all times, unless otherwise approved by
NMFS.
(iv) All sets are made available for sampling by an observer.
(2) Scales option. Under this option--
(i) The vessel owner and operator must ensure that--
(A) The vessel is in compliance with observer coverage requirements
described at Sec. 679.50(c)(8)(ii).
(B) All Pacific cod brought onboard 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.
(C) An observer sampling station meeting the requirements at Sec.
679.28(d) is available at all times, unless otherwise approved by NMFS.
(D) The vessel is in compliance with the electronic monitoring
requirements described at Sec. 679.28(k).
(ii) NMFS will use the weight of all catch that passes over the
scale for the purposes of accounting for Pacific cod catch.
(iii) At the time NMFS approves the scale used to weigh Pacific
cod, NMFS will provide the vessel owner or operator with one of the
following designations on the scale inspection report that will be used
for catch accounting of Pacific cod for the duration of the approval
period:
(A) Scale prior to bleeding. If the scale is located before the
location where Pacific cod are bled, a PRR of 1.00 will be applied to
all catch weighed on the motion-compensated scale.
(B) Scale between bleeding and holding area. If Pacific cod are
bled before being weighed and prior to the bleeding holding area, a PRR
of 0.99 will be applied to all catch weighed on the scale.
(C) Scale after holding area. If Pacific cod are bled and placed in
a bleeding holding area before being weighed, a PRR of 0.98 will be
applied to all catch weighed on the scale.
(c) Electronic logbooks. The operator of a vessel subject to
paragraph (b) of this section at any time during a year must comply
with the requirements for electronic logbooks at Sec. 679.5(f) at all
times during that year.
(d) During 2013, the vessel owner that has selected the increased
observer coverage option under paragraph (b)(1) of this section may
make a one-time change to the scales option as described under
paragraph (b)(2) of this section. The owner must submit a completed
notification form no later than May 1 to change monitoring options. The
change in monitoring options will become effective June 10 and will
remain effective until December 31.
[FR Doc. 2012-23721 Filed 9-25-12; 8:45 am]
BILLING CODE 3510-22-P