[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Proposed Rules]
[Pages 14853-14864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05753]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 161219999-7250-01]
RIN 0648-BG54
Fisheries of the Exclusive Economic Zone Off Alaska; Integrating
Electronic Monitoring Into the North Pacific Observer Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations to implement Amendment 114 to the
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian
Islands Management Area and Amendment 104 to the Fishery Management
Plan for Groundfish of the Gulf of Alaska (GOA), (collectively referred
to as the FMPs). If approved, Amendments 114/104 and this proposed rule
would integrate electronic monitoring (EM) into the North Pacific
Observer Program. The proposed rule would establish a process for
owners or operators of vessels using nontrawl gear to request to
participate in the EM selection pool and the requirements for vessel
owners or operators while in the EM selection pool. This action is
necessary to improve the collection of data needed for the
conservation, management, and scientific understanding of managed
fisheries. Amendments 114/104 are intended to promote the goals and
objectives of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act), the FMPs, and other applicable laws.
DATES: Comments must be received no later than May 22, 2017.
Per section 313 of the Magnuson-Stevens Act, NMFS will conduct
public hearings to accept oral and written comments on the proposed
rule in Oregon, Washington, and Alaska during the public comment
period.
The first public hearing will be held in conjunction with the April
meeting of the North Pacific Fishery Management Council on April 6,
2017, 6 p.m. to 8 p.m., Alaska local time, at the Hilton Hotel, 500 W.
3rd. Ave., Anchorage, AK 99501.
The second public hearing will be on April 18, 2017, 10 a.m. to 12
p.m., Pacific daylight time, at the International Pacific Halibut
Commission Office, 2320 West Commodore Way, Suite 300, Seattle, WA
98199.
The third public hearing will be held on April 19, 2017, 1 p.m. to
3 p.m., Pacific daylight time, at the Hatfield Marine Science Center,
Lavern Weber Room, 2030 SE. Marine Science Drive, Newport, OR 97365.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2016-0154 by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0154, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau,
AK 99802-1668.
Submit oral or written comments to NMFS at the public
hearings listed in this proposed rule under DATES.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of Amendments 114/104 and the Draft Environmental
Assessment/Regulatory Impact Review prepared for this action
(collectively the ``Analysis'') may be obtained from
www.regulations.gov.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
rule may be submitted by mail to NMFS at the above address; by email to
[email protected]; or by fax to 202-395-5806.
FOR FURTHER INFORMATION CONTACT: Gretchen Harrington or Jennifer
Watson, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the
exclusive economic zone under the FMPs. The North Pacific Fishery
Management Council (Council) prepared the FMPs under the authority of
the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. Regulations governing
U.S. fisheries and implementing the FMPs appear at 50 CFR parts 600 and
679.
Management of the Pacific halibut fisheries in and off Alaska is
governed by an international agreement, the Convention Between the
United States of America and Canada for the Preservation of the Halibut
Fishery of the Northern Pacific Ocean and Bering Sea (Convention),
which was signed in Ottawa, Canada, on March 2, 1953, and was amended
by the Protocol Amending the Convention, signed in Washington, DC, on
March 29, 1979. The Convention is implemented in the United States by
the Northern Pacific Halibut Act of 1982.
This proposed rule would implement Amendments 114/104 to the FMPs.
The Council has submitted Amendments 114/104 for review by the
Secretary of Commerce, and a Notice of Availability (NOA) of these
amendments was published in the Federal Register on March 10, 2017,
with comments invited through May 9, 2017 (82 FR 13302).
This proposed rule and Amendments 114/104 to the FMPs amend the
Council's fisheries research plan prepared under the authority of
section 313 of the Magnuson-Stevens Act. NMFS published regulations
[[Page 14854]]
implementing the plan on November 21, 2012 (77 FR 70062). The Secretary
implemented the fisheries research plan through the North Pacific
Observer Program. Its purpose is to collect data necessary for the
conservation, management, and scientific understanding of the
groundfish and halibut fisheries off Alaska. Magnuson-Stevens Act
section 313 requires NMFS to provide a 60-day public comment period on
the proposed rule and conduct a public hearing in each state
represented on the Council for the purpose of receiving public comment
on the proposed regulations. The states represented on the Council are
Alaska, Oregon, and Washington. NMFS will conduct a public hearing in
each of these states (see DATES).
People wanting to make an oral statement for the record at the
public hearing are encouraged to provide a written copy of their
statement and present it to NMFS at the hearing. If attendance at the
public hearing is large, the time allotted for individual oral
statements may be limited. Oral and written statements receive equal
consideration. There are no limits on the length of written comments
submitted to NMFS.
Respondents do not need to submit the same comments on the NOA,
this proposed rule, and at a public hearing. All relevant written and
oral comments received by the end of the applicable comment period,
whether specifically directed to the FMP amendments, this proposed
rule, or both, will be considered by NMFS in the approval/disapproval
decision for Amendments 114/104 and addressed in the response to
comments in the final decision.
North Pacific Observer Program
The North Pacific Observer Program (Observer Program) is an
integral component in the management of North Pacific fisheries. The
Observer Program was created with the implementation of the Magnuson-
Stevens Act in the mid-1970s and has evolved from primarily observing
foreign fleets to observing domestic fleets. The Observer Program
provides the regulatory framework for NMFS-certified observers
(observers) to be deployed on board vessels to obtain information
necessary for the conservation and management of the groundfish and
halibut fisheries. The information collected by observers contributes
to the best available scientific information used to manage the
fisheries in furtherance of the purposes and national standards of the
Magnuson-Stevens Act. Observers collect biological samples and
information on total catch, including bycatch, and interactions with
protected species. Managers use data collected by observers to manage
groundfish catch and bycatch limits established in regulation and to
document fishery interactions with protected resources. Managers also
use data collected by observers to inform the development of management
measures that minimize bycatch and reduce fishery interactions with
protected resources. Scientists use observer-collected data for stock
assessments and marine ecosystem research.
In 2013, the Council and NMFS restructured the Observer Program to
address longstanding concerns about statistical bias of observer-
collected data and cost inequality among fishery participants with the
funding and deployment structure under the previous Observer Program
(77 FR 70062, November 21, 2012). The restructured Observer Program
established two observer coverage categories: Partial and full. All
groundfish and halibut vessels and processors are included in one of
these two categories. NMFS requires fishing sectors in the full
coverage category to have all operations observed. The full coverage
category includes most catcher/processors, all motherships, and those
catcher vessels participating in a catch share program with a
transferrable prohibited species catch (PSC) limit. Owners of vessels
or processors in the full coverage category must arrange and pay for
required observer coverage from a permitted observer provider. This
proposed rule would not change the full coverage category.
The partial coverage category includes fishing sectors (vessels and
processors) that are not required to have an observer at all times. The
partial coverage category includes catcher vessels, shoreside
processors, and stationary floating processors when they are not
participating in a catch share program with a transferrable PSC limit.
Small catcher/processors that meet certain criteria are also in the
partial coverage category.
NMFS contracts with an observer provider and determines when and
where observers are deployed, based on a scientific sampling design, in
the partial coverage category. Each year, NMFS develops an annual
deployment plan (ADP) that describes how NMFS plans to deploy observers
to vessels and processors in the partial coverage category in the
upcoming year.
The ADP describes the scientific sampling design NMFS uses to
generate unbiased estimates of total and retained catch, and catch
composition in the groundfish and halibut fisheries. The ADP provides
flexibility to improve deployment to meet scientifically based
estimation needs while accommodating the realities of a dynamic fiscal
environment. NMFS's goal is to achieve a representative sample of
fishing events, and to do this without exceeding funds collected
through the observer fee. This is accomplished by the random deployment
of observers in the partial coverage category. NMFS adjusts the ADP
each year after a scientific evaluation of data collected under the
Observer Program to evaluate the impact of changes in observer
deployment and to identify areas where improvements are needed to
collect the data necessary to conserve and manage the groundfish and
halibut fisheries.
To summarize the ADP process, each year in October, NMFS develops a
draft ADP that describes how NMFS plans to deploy observers to vessels
in the partial coverage category in the upcoming year. The draft ADP
describes the deployment methods NMFS plans to use to collect observer
data on discarded and retained catch, including the information used to
estimate catch composition and marine mammal and seabird interactions
in the groundfish and halibut fisheries. The draft ADP also describes
how NMFS will deploy observers to shoreside processing plants or
stationary floating processors in the partial coverage category. The
Council reviews the draft ADP and considers public comment when
developing its recommendations about the draft ADP. The Council may
recommend adjustments to observer deployment to prioritize data
collection based on conservation and management needs. After NMFS
conducts a scientific evaluation of the Council's recommendations, NMFS
adjusts the draft ADP as appropriate and finalizes the ADP in December
for release prior to the start of the fishing year. NMFS posts the ADP
on the NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov).
Each year, NMFS also develops an Annual Report that evaluates how
well various aspects of the program are achieving program goals,
identifies areas where improvements are needed, and includes
preliminary recommendations regarding the upcoming ADP. The Council and
its Scientific and Statistical Committee (SSC) review the Annual Report
in June. This timing allows NMFS and the Council to consider the
results of past performance in developing the ADP for the following
year. NMFS posts the Annual Report on the NMFS Alaska Region Web site
(http://alaskafisheries.noaa.gov).
The Observer Declare and Deploy System (ODDS) is an Internet-based
[[Page 14855]]
interface that provides information about observer deployment on
vessels in the partial coverage category and facilitates communication
among the owner or operator of a vessel in the partial coverage
category, NMFS, and NMFS' contracted observer provider. Owners and
operators of vessels in the partial coverage category enter information
about upcoming fishing trips into ODDS and receive information about
whether a trip has been selected for observer coverage.
The restructured Observer Program created a new system of fees to
pay for the cost of implementing observer coverage in the partial
coverage category. Vessels and processors included in the partial
coverage category pay a fee of 1.25 percent of the ex-vessel value of
fishery landings to NMFS to fund the deployment of observers in the
partial coverage category. Under section 313 of the Magnuson-Stevens
Act, the fees shall not exceed 2 percent of the fishery ex-vessel
value.
The restructured Observer Program expanded the vessels subject to
observer coverage to include groundfish vessels less than 60 ft LOA and
halibut vessels that had not been previously required to carry an
observer. Expanding observer coverage to the approximately 950
previously unobserved vessels improved NMFS' ability to estimate total
catch in all Federal fisheries in the North Pacific.
Even before implementing the restructured Observer Program, many
vessel owners and operators new to the Observer Program were opposed to
carrying an observer (77 FR 70062, November 21, 2012). Vessel owners
and operators explained that there is limited space on board for an
additional person or limited space in the vessel's life raft.
Some vessel owners, operators, and industry representatives
advocated for the use of EM instead of having an observer on board
their vessels (77 FR 70062, November 21, 2012). To address their
concerns, the Council and NMFS have been actively engaged in developing
EM as a tool to collect fishery data in the nontrawl fisheries. Over
the past several years, NMFS and industry participants have undertaken
cooperative research to test the applicability and reliability of EM
systems. An EM system uses cameras, video storage devices, and
associated sensors to record and monitor fishing activities.
In 2013, NMFS developed, and the Council adopted, the Strategic
Plan for Electronic Monitoring and Electronic Reporting in the North
Pacific to guide integration of monitoring technologies into North
Pacific fisheries management and provide goals and benchmarks to
evaluate attainment of goals (available on the Alaska Fisheries Science
Center Web site at http://www.afsc.noaa.gov/Publications/AFSC-TM/NOAA-TM-AFSC-276.pdf).
In 2014, the Council appointed the EM Workgroup to develop an EM
program to integrate into the Observer Program. The EM Workgroup
provides a forum for stakeholders, including the commercial fishery
participants, NMFS, Alaska Department of Fish and Game, and EM service
providers, to cooperatively and collaboratively design, test, and
develop EM systems, and to identify key decision points related to
operationalizing and integrating EM systems into the Observer Program
in a strategic manner. The EM Workgroup developed a cooperative
research program to inform evaluation of multiple EM program design
options and consider various EM integration approaches to achieve
management needs.
The cooperative research includes analytical and fieldwork
components to address the following four elements: Deployment of EM
systems for operational testing, research and development of EM
technologies, development of infrastructure to support EM
implementation, and analyses to support EM implementation. This
approach enabled the EM Workgroup to identify and resolve
implementation issues associated with integrating EM into the Observer
Program. Data and analysis produced on costs, data quality, risks,
operational procedures, and vessel compatibility informed decisions on
implementation phases, future investments in technology, and the tools
that will best meet NMFS, Council, and stakeholder management
objectives. The cooperative research program was implemented through
research projects and pre-implementation plans in 2015, 2016, and 2017.
The cooperative research to date has shown that data from EM systems
can effectively identify almost all of the species or species groupings
required for management, that the systems are sufficiently reliable,
and that image quality is generally high. Additional information on the
work of the EM Workgroup is provided in the Analysis (see ADDRESSES).
Based on input received from the EM Workgroup, and through the
Council process, the Council and NMFS developed this proposed action to
provide an option for participants in the partial coverage category
using nontrawl gear to choose to be in the EM selection pool instead of
an observer selection pool. EM selection pool means the defined group
of vessels from which NMFS will randomly select the vessels required to
use an EM system.
In recommending this action, the Council used the term ``fixed
gear'' to describe vessels using pot or longline gear. The Council's
use of this term is broader than the definition of fixed gear in
Federal regulations at Sec. 679.2, which defines fixed gear as
including only hook-and-line gear and pot gear in the halibut or
sablefish fishery. The Council intended for EM to be an option
available to vessels using any type of gear other than trawl gear, and
not to limit the potential use of EM to only those vessels using hook-
and-line gear or pot gear in the halibut or sablefish fishery. To meet
the intent of the Council, this proposed rule uses ``nontrawl gear''
except when quoting the Council in this preamble, or when specifically
referring to fixed gear used in the halibut and sablefish fisheries.
Federal regulations at Sec. 679.2 define nontrawl gear as pot and
longline gear. Longline gear is defined at Sec. 679.2 as including
hook-and-line, jig, troll, and handline or the taking of fish by means
of such a device. The Council focused the cooperative research on hook-
and-line gear and pot gear. Additional cooperative research would be
necessary to expand EM to other gear types, as explained in section 3.5
of the Analysis (see ADDRESSES).
Objectives of and Rationale for Amendments 114/104 and This Proposed
Rule
In December 2016, the Council adopted Amendments 114/104. The
Council and NMFS developed EM for data collection for the nontrawl gear
fisheries to address their desire for an alternative way to collect
fisheries data in consideration of the operating requirements in these
fisheries. EM systems can collect at-sea data for NMFS to estimate
discards of fish, including halibut, and mortality of seabirds. EM has
the potential to reduce economic and operational costs associated with
deploying human observers throughout coastal Alaska. EM has the
potential to reduce monitoring costs relative to observer coverage
because it does not require deploying a person on the vessel and
eliminates the logistical and travel expenses that this deployment
generates. Through the use of EM, it may be possible to cost
effectively obtain at-sea data from a broader cross-section of the
nontrawl gear fleet and increase NMFS' and the Council's flexibility to
respond to the scientific and management needs of
[[Page 14856]]
these fisheries. The Council's statement of purpose and need follows:
To carry out their responsibilities for conserving and managing
groundfish resources, the Council and NMFS must have high quality,
timely, and cost-effective data to support management and scientific
information needs. In part, this information is collected through a
comprehensive fishery monitoring program for the groundfish and
halibut fisheries off Alaska, with the goals of verifying catch
composition and quantity, including of those species discarded at
sea, and collecting biological information on marine resources.
While a large component of this monitoring program relies on the use
of human observers, the Council and NMFS have been on the path of
integrating technology into our fisheries monitoring systems for
many years, with electronic reporting systems in place, and
operational EM in a compliance capacity in some fisheries. More
recently, research and development has focused on being able to use
EM as a direct catch estimation tool in fixed gear fisheries.
The fixed gear fisheries are diverse in their fishing practices
and vessel and operational characteristics, and they operate over a
large and frequently remote geographical distribution. The Council
recognizes the benefit of having access to an assorted set of
monitoring tools in order to be able to balance the need for high-
quality data with the costs of monitoring and the ability of fishery
participants, particularly those on small vessels, to accommodate
human observers on board. EM technology has the potential to allow
discard estimation of fish, including halibut PSC and mortality of
seabirds, onboard vessels that have difficulty carrying an observer
or where deploying an observer is impracticable. EM technology may
also reduce economic, operational and/or social costs associated
with deploying human observers throughout coastal Alaska. Through
the use of EM, it may be possible to affordably obtain at-sea data
from a broader cross-section of the fixed gear groundfish and
halibut fleet.
The integration of EM into the Council's fisheries research plan
is not intended to supplant the need for human observers. There is a
continuing need for human observers as part of the monitoring suite,
and there will continue to be human observer coverage at some level
in the fixed gear fisheries, to provide data that cannot be
collected via EM (e.g., biological samples).
The Council and NMFS have considerable annual flexibility to
provide observer coverage to respond to the scientific and
management needs of the fisheries. By integrating EM as a tool in
the fisheries monitoring suite, the Council seeks to preserve and
increase this flexibility. Regulatory change is needed to specify
vessel operator responsibilities for using EM technologies, after
which the Council and NMFS will be able to deploy human observer and
EM monitoring tools tailored to the needs of different fishery
sectors through the Annual Deployment Plan.
Integrating Electronic Monitoring Into the Observer Program
This proposed rule would establish the process and structure for
use of an EM system to monitor catch and bycatch on those vessels using
nontrawl gear in the partial coverage category of the Observer Program
that choose to be in the EM selection pool. An EM system uses cameras,
video storage devices, and associated sensors to record and monitor
fishing activities. To implement EM, NMFS would set up a contract or
grant with one or multiple EM service providers to install and service
EM equipment, and to collect and review EM data. The contract or grant
would specify hardware and field service specifications, EM data review
requirements, and data and archiving requirements. ``EM service
provider'' means any person, including their employees or agents, that
NMFS contracts with to provide EM services, or to review, interpret, or
analyze EM data.
EM data would supplement observer data from other nontrawl gear
vessels. Some data necessary for catch estimation, fishery management,
and stock assessment cannot be collected from EM systems. NMFS would
obtain this data from observers on board other nontrawl gear vessels
that are fishing in similar areas and at similar time periods. The
Council and NMFS would make EM system and observer deployment decisions
following the sampling design in the ADP, and subsequently analyze the
deployment data in the Annual Report.
NMFS and the Council would define the criteria in the ADP for
vessels to be eligible to participate in EM. The criteria for being in
the EM selection pool may include, but are not limited to, gear type,
vessel length, area fished, number of trips or total catch, sector,
target fishery, and home or landing port.
Participation in the EM selection pool would be voluntary. Any
owner or operator of a vessel that meets the EM selection pool criteria
could annually request to be in the EM selection pool using the process
established in this proposed rule if they are willing to comply with
the provisions established under this proposed rule. While there are
additional responsibilities for the owner or operator of a vessel in
the EM selection pool to install and maintain the EM system, NMFS'
intent is largely to allow the vessel to continue its normal fishing
practice and allow the cameras to capture data observations that an EM
service provider then extracts onshore through video review.
NMFS intends to use discretionary appropriated funds from its
budget for EM system deployment until observer fees are available to
fund EM system deployment and NMFS issues a contract with one or more
EM service providers. Once observer fee proceeds are available and the
contract is issued, NMFS would use the observer fee proceeds collected
from partial coverage category participants to pay for both EM system
deployment and observer deployment in the partial coverage category.
Section 313 of the Magnuson-Stevens Act authorizes the Council to use
the fees collected under that section to pay for the cost of
implementing the fisheries research plan, including stationing EM
systems on vessels and for inputting collected data. The annual
decision to apportion fees between observer deployment and EM system
deployment would be made by the Council and NMFS during the ADP
process.
Through the ADP process, the Council and NMFS will consider how to
optimize observer and EM system deployment for fisheries in the partial
coverage category each year, based on an analysis of the costs, budget,
monitoring goals, and fishing effort in the partial coverage category.
The ADP process is explained above under North Pacific Observer
Program. Work is ongoing to develop the necessary annual analysis for
determining the criteria for the EM selection pool and balancing EM
system deployment with deployment of observers within budget limits.
The amount of fee revenues collected would determine the level of
costs that NMFS could incur to deploy EM systems and to deploy
observers. The Analysis provides a detailed discussion of the potential
costs of EM system deployment (see ADDRESSES). Since the fee is based
on the ex-vessel value of harvested fish, which fluctuates annually,
the amount of funding available for deploying observers and EM systems
will also fluctuate. NMFS would need to adjust observer coverage and EM
coverage levels to align anticipated annual costs with available fee
revenue. NMFS and the Council may also modify the criteria for
participating in the EM selection pool to control costs. In
consultation with the Council, NMFS would allocate funds between EM and
observers to achieve the most precision for the least cost. The
specific deployment decisions, including the eligibility criteria for
vessels to participate in EM, could vary from year to year based on the
analysis conducted through the ADP process. Through using this existing
scientific process for EM system deployment, NMFS would gather reliable
data necessary for the
[[Page 14857]]
conservation, management, and scientific understanding of the fisheries
covered by the fisheries research plan.
Because it is likely that NMFS would establish a contract for
multiple years and some of the deployment decisions have a significant
impact on EM service provider costs (for example, the number and
location of primary service ports), NMFS and the Council may make some
deployment decisions for the duration of the contract, rather than
annually in the ADP. Similarly, NMFS anticipates that the EM system
will change over time as technological improvements are made. These
technological changes could be accommodated in the contract or grant.
An important part of the ADP analysis will be identifying and
understanding gaps in observer data when a portion of the partial
coverage vessels participates in the EM selection pool. Appendix 1 of
the Analysis (see ADDRESSES) provides an example of the type of
analysis that would be conducted annually to ensure that sufficient
observers are deployed to maintain representative data (such as
biological samples and average weights) that cannot be collected with
an EM system.
Proposed Regulations
This proposed rule would implement the requirements described below
to allow owners or operators of vessels using nontrawl gear to choose
to use an EM system in place of an observer.
How would a vessel join the EM selection pool?
This proposed rule would establish the process by which vessel
owners or operators could join the EM selection pool (see proposed
Sec. 679.51(f)(1)). Owners or operators of vessels that use nontrawl
gear and are in the partial coverage category could request to be in
the EM selection pool. Each year, vessel owners would have the
opportunity to join or leave the EM selection pool through an
application available through ODDS. Vessel owners that want to be in
the EM selection pool would need to request in ODDS to participate in
EM by November 1 to use EM in the following calendar year. NMFS would
notify the vessel owner through ODDS whether that vessel has been
approved or denied for the EM selection pool. NMFS would deny vessels
if those vessels did not meet the EM selection pool criteria specified
in the regulations and described in the ADP. Vessel owners would have
the opportunity to appeal NMFS' decision denying the request to be in
the EM selection pool (see proposed Sec. 679.51(f)(1)(vii)).
The November 1 deadline would balance the interest of potential EM
participants to have an opportunity to review the draft ADP available
in October and its description of the EM selection pool before joining
the EM selection pool with NMFS' interest in determining the number and
types of vessels assigned to the EM selection pool before finalizing
the ADP in December.
NMFS would approve a request for placement in the EM selection pool
based on criteria specified in the regulations and described in the
ADP. Criteria may include, but are not limited to, availability of EM
systems, vessel gear type, vessel length, area fished, number of trips
or total catch, sector, target fishery, and home or landing port. NMFS,
in consultation with the Council, will establish the EM selection pool
criteria based on the scientific sampling design, budget and cost
considerations, and data collection goals.
Once NMFS has approved a vessel for participation in the EM
selection pool, that vessel would be in the EM selection pool for the
entire calendar year following the November 1 application deadline. The
vessel would remain in the EM selection pool each subsequent year until
the vessel owner or operator requests to leave or NMFS removes the
vessel from the EM selection pool because it no longer meets the EM
selection pool criteria or NMFS disapproves the vessel monitoring plan
(VMP). A VMP is the document that describes how fishing operations on
the vessel will be conducted and how the EM system and associated
equipment will be configured to meet the data collection objectives and
purpose.
Vessels would either be in the EM selection pool or in an observer
selection pool. Vessels would not be subject to both EM coverage and
observer coverage.
How would a vessel leave the EM selection pool?
The vessel owner or operator would use ODDS to submit a request to
leave the EM selection pool by November 1 for the following calendar
year (see proposed Sec. 679.51(f)(1)(ix)).
NMFS may also remove a vessel from the EM selection pool for the
following calendar year. NMFS would remove a vessel if NMFS disapproves
the vessel's VMP or if the vessel no longer meets the EM selection pool
criteria. Vessels would not be able to leave the EM selection pool
during a calendar year in order to maintain the sampling design used
for that year.
How would a vessel owner or operator install the EM system?
Once a vessel is approved for the EM selection pool, the vessel
owner or operator would make the vessel available to the NMFS-
contracted EM service provider for installation of all required EM
system components. During the installation, it would be the vessel
owner's responsibility to assist the EM service provider with planning
the best wiring routes and installing sensors that interface with the
vessel's equipment, such as hydraulic oil pressure and engine oil
pressure. The specifications for the EM components that would be
installed would be defined in the contract between NMFS and the EM
service provider. The EM service provider would install cameras in
locations that meet the catch accounting objectives annually specified
in the ADP.
If a vessel already has an EM system, it could use that EM system
or it could modify that EM system as necessary to meet the
specifications in the VMP. That vessel owner or operator would need to
work with the EM service provider to develop and submit a VMP to NMFS
Alaska Region. For example, a vessel may have an existing EM system on
board because that vessel participates in another federally managed
fishery that has an EM program.
How would a vessel owner or operator develop a Vessel Monitoring Plan
(VMP)?
Once approved for the EM selection pool and prior to registering a
fishing trip in ODDS, the vessel owner or operator must develop a VMP
with the EM service provider and submit it to NMFS for approval (see
proposed Sec. 679.51(f)(4)). A vessel in the EM selection pool would
be required to have a copy of a valid NMFS-approved VMP on board before
that vessel goes fishing. If NMFS does not approve the VMP, NMFS will
issue an IAD to the vessel owner or operator that will explain the
basis for the disapproval. The vessel owner or operator may file an
administrative appeal under the administrative appeals procedures set
out at 15 CFR part 906.
The vessel owner or operator would work with the EM service
provider to develop a VMP. The VMP would describe how fishing
operations on the vessel are conducted, including how gear is set, how
catch is brought on board, and where catch is retained and discarded.
The VMP would also describe how the EM system and associated equipment
would be
[[Page 14858]]
configured to meet the data collection objectives and purpose of the EM
program, including camera locations to cover all fishing activities,
any sensors to detect fishing activities, and any special catch
handling requirements to ensure the data collection objectives can be
met. The VMP would also include methods to troubleshoot the EM system
and instructions for ensuring the EM system is functioning properly.
These required components of the VMP would be detailed in the VMP
template and in the contract between NMFS and the EM service provider.
NMFS would provide a VMP template for guidance to the EM service
provider and the vessel owner or operator on the elements NMFS would
require in the final approved VMP. NMFS would make this VMP template
available on the NMFS Alaska Region Web site at https://alaskafisheries.noaa.gov/. This VMP template would be available
annually prior to the November 1 deadline to participate in the EM
selection pool to allow vessel owners and operators an opportunity to
review the requirements for the upcoming year. For informational
purposes, the 2017 pre-implementation VMP is available on the North
Pacific Fishery Management Council Web site at https://npfmc.org/.
Once the VMP is complete and the vessel owner or operator agrees to
comply with the components of the VMP, the vessel owner or operator
must sign and submit the VMP to NMFS via email or other electronic
means. NMFS would review the VMP for completeness and may request
additional clarification. If the VMP meets the requirements established
in the VMP template, NMFS would approve the VMP for the calendar year.
The vessel owner or operator would be required to keep a copy of the
VMP aboard the vessel and make it available to NOAA Office of Law
Enforcement (NOAA OLE) or other NMFS-authorized officer or personnel
upon request.
After reviewing the data from a fishing trip selected for EM
coverage, NMFS may determine that the approved camera location(s) in
the VMP or fishing activities conducted by the vessel crew outlined in
the VMP do not allow for the data collection necessary for catch
accounting. Additionally, the vessel operator may want to have a camera
moved if it impedes his or her ability to fish, or the operator may
reconfigure the vessel to change fishing activities during the season
that would warrant changes to the VMP. Whether requested by the vessel
owner or operator or by NMFS, the vessel owner or operator would be
required to make any changes to the VMP with the assistance of the EM
service provider. The NMFS contract with the EM service provider would
describe the permissible changes. These permissible changes would
likely be limited to actions that enhanced data collection or
maintained the same quality of data in cases where camera locations
impede the ability to fish or vessel reconfigurations occur. These
amendments to the VMP would be signed and submitted to NMFS. The vessel
would be allowed to begin another fishing trip, provided that NMFS has
received the VMP amendments in writing. If the amended VMP did not meet
the data collection needs, NMFS would inform the EM service provider
and the vessel owner or operator that the VMP would need to be updated
before another trip selected for EM coverage could begin.
How would NMFS select a vessel to use an EM system on a fishing trip?
Once in the EM selection pool and after the vessel has an approved
VMP, the vessel operator would register fishing trips in ODDS (see
proposed Sec. 679.51(f)(2)). ODDS would notify the vessel operator
when the vessel is selected to use the EM system and instructions would
be provided in ODDS. The ADP would specify the EM selection rate--the
portion of trips that are sampled--for each calendar year. NMFS and the
Council may change the EM selection rate from one calendar year to the
next to achieve efficiency, cost savings, and data collection goals. EM
selection rates would not change during a calendar year.
What are a vessel owner's or operator's responsibilities?
Vessel owners or operators would be required to maintain the EM
system in working order, including ensuring the EM system is powered
and functioning throughout the trip, keeping cameras clean and
unobstructed, and ensuring the system is not tampered with (see
proposed Sec. 679.51(f)(5)). The vessel owner or operator would also
need to ensure that power is maintained to the EM system at all times
when the vessel is underway or the engine is operating. The vessel
operator would also be required to conduct a system function test
before each trip to ensure the EM system is working properly before
departing.
Before each set is retrieved the vessel operator would need to
verify that all components of the EM system are functioning.
Instructions for completing this verification would be provided in the
vessel's VMP.
Vessel owners or operators would be prohibited from tampering with
the EM system or harassing the EM service provider. Additional
prohibitions exist to ensure the EM system functions and the data from
the systems is usable for fisheries management (see proposed Sec.
679.7(j)).
What happens if an EM system malfunctions?
The VMP would list EM system malfunctions that are considered high
priority to the data collection objectives and those malfunctions that
are considered low priority to the data collection objectives. The VMP
would also provide guidance about the procedures to follow if either of
these types of malfunctions were detected. The proposed regulations
describe the responsibilities of the vessel owner or operator in case
an EM system malfunctions (see proposed Sec. 679.51(f)(5)(vi)).
If a high priority malfunction were detected during the pre-
departure function test, the vessel would be required to remain in port
for up to 72 hours to allow an EM service provider time to conduct
repairs. Remaining in port for up to 72 hours would allow time for an
EM service provider to travel to most remote ports in Alaska and give
him or her the necessary time needed to conduct repairs. If the repairs
could not be completed within this time frame, NMFS would release the
vessel from EM coverage for that trip and the vessel operator would be
allowed to depart. However, the vessel owner or operator would be
required to repair the malfunction prior to departing on a subsequent
fishing trip, and the vessel would automatically be selected for EM
coverage for that fishing trip.
If a low priority malfunction were detected during the pre-
departure function test, the vessel operator would be allowed to depart
on the selected trip as long as the procedures for low priority
malfunctions described in the vessel's VMP were followed. At the end of
the trip the vessel operator would be required to work with the EM
service provider to repair the malfunction. The vessel operator could
not depart on another trip selected for EM coverage with this
malfunction unless the vessel operator had contacted the EM service
provider.
If an EM system malfunction were to occur during a fishing trip
selected for EM coverage, prior to retrieving the set the vessel
operator would be required to attempt to correct the problem using the
provisions described in the vessel's VMP. If the malfunction could not
be repaired at sea, the vessel operator would be required to contact
the EM service provider at the end of the trip.
[[Page 14859]]
The malfunction would need to be repaired before the vessel could
depart on another fishing trip selected for EM coverage (see proposed
Sec. 679.51(f)(5)). This requirement mirrors the pre-departure
function test requirements.
What happens when the fishing trip ends?
At the end of the fishing trip selected for EM coverage, the vessel
owner or operator would close the trip in ODDS and follow the
instructions in ODDS. The vessel owner or operator would be required to
submit the video data storage devices to NMFS within 2 business days of
completing the fishing trip selected for EM coverage, using a method
that requires a signature for delivery and provides notification of
delivery. Additional documentation described in the vessel's VMP would
need to be submitted along with the video data storage devices.
Specific instructions for shipping video data storage devices would be
included in the vessel's VMP (see proposed Sec. 679.51(f)(5)(vii)).
The video storage devices would need to be submitted within 2 business
days so that timely review of the data could occur and be provided for
the management of the fishery.
How would a vessel use EM for fishing Individual Fishing Quota (IFQ) or
Community Development Quota (CDQ) under the exception in Proposed Sec.
679.7(f)(4)?
Currently, under Sec. 679.7(f)(4), unless a vessel has an observer
aboard and maintains the applicable daily logbook, the vessel cannot
retain halibut or sablefish in excess of the total amount of
unharvested IFQ or CDQ applicable to that vessel for the IFQ regulatory
area in which the vessel is operating and that is currently held by all
IFQ or CDQ permit holders aboard the vessel. This proposed rule would
expand the exception to a vessel in the EM selection pool. This
proposed rule provides that the owner or operator of a vessel in the EM
selection pool, that complies with the requirements of Sec.
679.51(f)(6) and maintains the applicable daily logbook, could retain
halibut or sablefish in excess of the total amount of unharvested IFQ
or CDQ applicable to that vessel for the IFQ regulatory area in which
the vessel is operating and that is currently held by all IFQ or CDQ
permit holders aboard the vessel. If a vessel is not part of the EM
selection pool and is not selected for observer coverage for that
fishing trip, the vessel owner or operator would continue to be
prohibited from retaining halibut or sablefish in excess of the total
amount of unharvested IFQ or CDQ applicable to that vessel for the IFQ
regulatory area in which the vessel is operating.
Under proposed Sec. 679.51(f)(6), a vessel owner or operator in
the EM selection pool would use ODDS to identify when he or she intends
to fish in multiple areas and to commit to using a functioning EM
system on the whole trip, even if the vessel was not selected for EM
coverage. The vessel owner or operator would be required to meet all
the same responsibilities as if the vessel's fishing trip had been
selected for EM coverage in ODDS. These include having a copy of a
valid NMFS-approved VMP on board before the vessel goes fishing,
maintaining the EM system in working order, and submitting the required
information at the end of the trip. All these requirements are
described in more detail above.
Because the EM system in this instance would be used as a
compliance monitoring tool, some additional regulatory requirements
would apply to the vessel owner and operator. The EM system would be
required to be powered continuously during the entire fishing trip. The
vessel owner or operator would need to describe in the VMP the
alternative methods the vessel would use to show that the vessel had
not moved or fished if the vessel owner or operator intends to power
down the EM system during periods of non-fishing, such as at night when
the vessel crew is sleeping. These alternative methods could include
using VMS or installing a sensor that records when the engine is
powered down.
Additionally, if during a fishing trip an EM system malfunction
occurred that did not allow recording of essential information about
where the vessel was fishing and what amount of halibut or sablefish
catch was coming aboard, the vessel operator would be required to cease
fishing immediately and to contact NOAA OLE. This requirement is
necessary because information about the location of fishing and the
amount caught in each area is paramount to allowing vessels to fish in
multiple areas using the EM system exception at Sec. 679.7(f)(4).
Other Regulatory Changes
NMFS proposes to revise regulations for clarity and efficiency, as
follows--
Remove expired regulations at Sec. Sec. 679.7(j) and
679.23(d)(5), and remove Sec. 679.23(d)(4), which was previously
removed and reserved. Section 679.7(j) was only applicable through
December 31, 2002 (67 FR 64315; October 18, 2002). Section 679.23(d)(5)
was only applicable through July 17, 2001 (66 FR 31845; June 13, 2001).
This proposed rule would revise Sec. 679.7(j) to list prohibitions to
ensure the EM system functions and the data from the systems are usable
for fisheries management.
Correct regulation citations in Sec. 679.21(a)(2)(ii) and
(a)(3) that cross reference paragraphs that NMFS moved in previous
rulemaking.
Remove the word ``observer'' from the phrase ``partial
observer coverage category'' in Sec. 679.51(a)(1) because, with this
proposed rule, the partial coverage category would include EM and
observers.
Revise Sec. 679.51(a)(1)(ii)(B) to remove reference to
vessel and trip selection pools because, with this proposed rule, NMFS
is adding the EM selection pool.
Remove Sec. 679.51(a)(1)(iii)(D)(2) because this proposed
rule would replace that EM provision.
Remove the expired deadline for the Bering Sea and
Aleutian Islands (BSAI) trawl catcher vessel placement in the full
observer coverage category at Sec. 679.51(a)(4)(iii).
Classification
Pursuant to sections 304(b) and 305(d) of the Magnuson-Stevens Act,
the NMFS Assistant Administrator has determined that this proposed rule
is consistent with the FMPs, other provisions of the Magnuson-Stevens
Act, and other applicable law, subject to further consideration of
comments received during the public comment period.
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866.
Regulatory Impact Review (RIR)
An RIR was prepared to assess all costs and benefits of available
regulatory alternatives. A copy of this analysis is available from NMFS
(see ADDRESSES). The Council recommended Amendments 114/104 based on
those measures that maximized net benefits to the Nation. Specific
aspects of the economic analysis are discussed below in the Initial
Regulatory Flexibility Analysis section.
Initial Regulatory Flexibility Analysis (IRFA)
This IRFA was prepared for this proposed rule, as required by
section 603 of the Regulatory Flexibility Act (RFA), to describe why
this action is being proposed; the objectives and legal basis for the
proposed rule; the number of small entities to which the proposed rule
would apply; any projected reporting, recordkeeping, or other
compliance requirements of the proposed rule; any overlapping,
duplicative, or conflicting Federal rules;
[[Page 14860]]
and any significant alternatives to the proposed rule that would
accomplish the stated objectives, consistent with applicable statutes,
and that would minimize any significant adverse economic impacts of the
proposed rule on small entities. Descriptions of the proposed action,
its purpose, and the legal basis are contained earlier in this preamble
and are not repeated here.
Number and Description of Small Entities Regulated by the Proposed
Action
The entities directly regulated by this action are those entities
that harvest groundfish and halibut using nontrawl gear and are subject
to observer coverage in the partial coverage category of the Observer
Program. These directly regulated entities include vessels that fished
with nontrawl gear in State waters only if those vessels had an Federal
Fisheries Permit (FFP), which makes them subject to Federal observer
regulations. Since participation in the EM selection pool is voluntary,
only those vessels that choose to participate in the EM selection pool
would be directly regulated by this proposed rule.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide.
The estimated number of vessels that use nontrawl gear in the
partial coverage category that are small entities might be overstated.
Conversely, the number of non-small entities might be understated. The
RFA requires a consideration of affiliations between entities for the
purpose of assessing whether an entity is classified as small. The
estimates below do not take into account all affiliations between
entities. There is not a strict one-to-one correlation between vessels
and entities; many persons and firms are known to have ownership
interests in more than one vessel, and many of these vessels with
different ownership are otherwise affiliated with each other. Vessels
that have types of affiliation that are not tracked in available data
(i.e., ownership of multiple vessels or affiliation with processors)
may be misclassified as a small entity.
In 2015, 981 vessels (i.e., harvesting entities) participated in
the groundfish and halibut fisheries directly regulated by the proposed
action. Those 981 catcher vessels include 255 vessels that only
operated in State waters and possessed an FFP; all of those 255 vessels
are classified as small entities. According to data provided by the
Alaska Fisheries Information Network, the analysts estimate that 950 of
the 981 harvesting entities are classified as small entities. All of
the 31 vessels that are classified as non-small entities were members
of harvesting cooperatives whose combined gross receipts were greater
than $11.0 million in 2015, the most recent year for which complete
revenue data is available. Each of the 31 vessels classified as non-
small entities is affiliated with a crab cooperative, six are
affiliated with a Central GOA Rockfish Program cooperative, two are
affiliated with an American Fisheries Act cooperative, and one is
affiliated through ownership with the freezer longline cooperative
(some entities are affiliated with more than one cooperative across
different North Pacific fisheries).
Table 1 provides a count of small and non-small entities (i.e.,
vessels). The first row shows all vessels with FFPs that fished with
nontrawl gear in 2015. The second row is limited to vessels that fished
in Federal waters. The bottom four rows shows the number of entities by
gear type and area fished. Those rows should not be summed vertically
because vessels that fished with both gear types or in both management
areas would be double-counted. No vessel less than 40 ft LOA is
classified as a non-small entity, and only one vessel less than 57.5 ft
LOA is classified as a non-small entity.
Table 1--Count of Small and Non-Small Entities in the Universe of Directly Regulated Vessels in 2015
----------------------------------------------------------------------------------------------------------------
Non-Small
Small Entity Entity Total
----------------------------------------------------------------------------------------------------------------
Nontrawl catcher vessels (Federal and State waters)............. 950 31 981
Nontrawl catcher vessels (Federal waters only).................. 695 31 726
Hook-and-line catcher vessels in Federal waters in the GOA...... 584 7 591
Hook-and-line catcher vessels in Federal waters in the BSAI..... 114 7 121
Pot catcher vessels in Federal waters in the GOA................ 86 4 90
Pot catcher vessels in Federal waters in the BSAI............... 22 21 43
----------------------------------------------------------------------------------------------------------------
Recordkeeping, Reporting, and Other Compliance Requirements
This proposed rule adds additional reporting, recordkeeping, and
other compliance requirements for vessels that choose to participate in
the EM selection pool and vessels that choose to use the exemption in
Sec. 679.7(f)(4) to harvest IFQ or CDQ halibut and sablefish. No small
entity is subject to reporting requirements that are in addition to or
different from the requirements that apply to all directly regulated
entities.
No unique professional skills are needed for the vessel owners or
operators to comply with the reporting and recordkeeping requirements
associated with this proposed rule. Vessel owners or operators would
request to be placed in the EM selection pool using ODDS, a tool
already used by directly regulated small entities. If they choose to
participate in the EM selection pool, vessel owners and operators would
be required to assist with the installation of the EM system and
conduct basic maintenance to ensure the EM equipment remains
functional. Vessel operators would meet with an EM service technician
to develop a VMP for their vessel, in which the operator's
responsibilities will be clearly defined. These responsibilities can
generally be fulfilled by a crewmember of the vessel who already is
fulfilling similar functions during fishing activity. The vessel owner
or operator would be required to submit the VMP to NMFS for approval.
Vessel owners or operators in the EM selection pool that choose to
use the proposed exemption in Sec. 679.7(f)(4) would need to notify
NMFS using ODDS when they intend to fish in multiple areas and commit
to using a functioning EM system on the whole trip, even if the vessel
was not selected for EM coverage. The vessel owner or operator would be
required to meet all
[[Page 14861]]
of the same responsibilities as if the vessel had been selected for EM
system coverage for that trip in ODDS. Because the EM system in this
instance would be used as a compliance monitoring tool, some additional
requirements would apply. If an EM system malfunction occurs during a
fishing trip in a manner that does not allow essential information
about where the vessel was fishing and what amount of IFQ or CDQ catch
was coming aboard to be recorded, the vessel operator would be required
to cease fishing immediately and to contact NOAA OLE. Information about
the locations fished and the amount caught in each area is paramount to
allowing vessels to fish in multiple areas using this exception;
therefore, such a requirement is necessary.
Duplicate, Overlapping, or Conflicting Federal Rules
No duplication, overlap, or conflict between this proposed action
and existing Federal rules has been identified.
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
No significant alternatives were identified that would accomplish
the stated objectives, are consistent with applicable statutes, and
that would minimize any significant economic impact of the proposed
rule on small entities. The Council and NMFS considered three
alternatives. Alternative 1, the no action alternative, would not allow
vessels to use an EM system instead of an observer. Alternative 2 would
allow the use of EM for catch estimation on vessels in the EM selection
pool and allow EM as a monitoring tool when fishing IFQ in multiple
areas. Alternative 3 would allow the use of EM for compliance
monitoring of vessel operator logbooks used for catch estimation.
The preferred alternative, Alternative 2, was designed to minimize
the impacts to small entities from the status quo requirement to carry
an observer when selected under the partial coverage category.
Alternative 2 provides vessels that meet specific criteria the choice
to join the EM selection pool instead of observer selection. Vessels in
the EM selection pool would be required to use EM when randomly
selected. Relative to Alternative 1 (no action), Alternative 2 provides
nontrawl gear catcher vessel operators with the opportunity to
participate in fishery monitoring and comply with the Observer Program
regulations without carrying a human observer. Alternative 2 could also
open new avenues to improve fishery data by collecting at-sea discard
information from vessels less than 40 ft LOA, which is not currently
gathered.
This proposed rule would not increase the fees that NMFS collects
from directly regulated entities. The Analysis prepared for this action
identifies the operational costs of participating in the EM program
(see ADDRESSES). Directly regulated small entities that individually
judge the operational costs of participating in the EM program to be
burdensome could continue fishing under the existing human observer
selection protocols, with no change in the amount of fees that they
would be assessed.
Relative to Alternative 2, Alternative 3 would increase
recordkeeping burdens on small entities by requiring skippers to fill
out catch logbooks while operating their vessels and could also
necessitate expanded dockside monitoring to verify logbooks, which
could slow down shoreside operations and potentially increase overall
costs at the programmatic level.
Collection-of-Information Requirements
This proposed rule contains collection-of-information requirements
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act. These requirements have been
submitted to OMB for approval under OMB control number 0648-0318 (North
Pacific Observer Program). The public reporting burden for the
collection-of-information requirements in this proposed rule includes
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
The proposed rule would allow vessel owners or operators to use the
existing ODDS to submit a request to be placed in the EM selection
pool. In addition, the proposed rule would allow vessel owners or
operators in the EM selection pool to submit a request to be removed
from the EM selection pool. Public reporting burden per response for
these new options in ODDS is estimated to average 5 minutes. If NMFS
denies a request to place a vessel in the EM selection pool, the vessel
owner may submit an administrative appeal to NMFS. Public reporting
burden per response for an administrative appeal is estimated to
average 4 hours.
The proposed rule would require all vessel owners and operators in
the EM selection pool to register a fishing trip in ODDS. Public
reporting burden per response to register a fishing trip in ODDS if a
vessel is assigned to the EM selection pool is estimated to average 15
minutes.
The proposed rule would require vessels owners who request to be
placed in the EM selection pool to submit a VMP to NMFS. Public
reporting burden per response for the VMP is estimated to average 48
hours.
The proposed rule would require all vessel owners and operators in
the EM selection pool to close the fishing trip in ODDS. Public
reporting burden per response to close a fishing trip in ODDS is
estimated to average 5 minutes.
The proposed rule also would require vessel owners selected to
carry EM to submit video data storage devices and associated
documentation to the EM data reviewer within 2 business days of the end
of the fishing trip. Public reporting burden per response is estimated
to average 1 hour.
Vessel owners or operators wanting to use EM to fish under the
proposed exception in Sec. 679.7(f)(4) would be required to notify
NMFS through ODDS. Public reporting burden per response to register a
fishing trip in ODDS is estimated to average 15 minutes. The addition
of the option to indicate that the vessel will to use EM to fish under
the exception in Sec. 679.7(f)(4) during an upcoming fishing trip is
not expected to increase the average response time to register a trip
in ODDS.
Public comment is sought regarding (1) whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; (2) the accuracy of the burden estimate; (3)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (4) ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments on
these or any other aspects of the collection of information to NMFS
Alaska Region at the ADDRESSES above, email to
[email protected], or fax to (202) 395-5806.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and reporting requirements.
Dated: March 17, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 679 is
proposed to be amended as follows:
[[Page 14862]]
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447; Pub. L. 111-281.
0
2. In Sec. 679.2:
0
a. In the definition of ``Fishing trip,'' revise paragraph (3) heading
and add paragraph (3)(iv); and
0
b. Add the definitions for ``Electronic Monitoring system or EM
system,'' ``EM selection pool'', ``EM service provider,'' and ``Vessel
Monitoring Plan (VMP)'' in alphabetical order to read as follows:
Sec. 679.2 Definitions.
* * * * *
Electronic Monitoring system or EM system means a network of
equipment that uses a software operating system connected to one or
more technology components, including, but not limited to, cameras and
recording devices to collect data on catch and vessel operations.
EM selection pool means the defined group of vessels from which
NMFS will randomly select the vessels required to use an EM system
under Sec. 679.51(f).
EM service provider means any person, including their employees or
agents, that NMFS contracts with to provide EM services, or to review,
interpret, or analyze EM data, as required under Sec. 679.51(f).
* * * * *
Fishing trip means: * * *
* * * * *
(3) North Pacific Observer Program.
* * * * *
(iv) For a vessel in the EM selection pool of the partial coverage
category, the period of time that begins when the vessel leaves a
shore-based port with an empty hold until the vessel returns to a
shore-based port, regardless of when or where caught fish were
offloaded.
* * * * *
Vessel Monitoring Plan (VMP) means the document that describes how
fishing operations on the vessel will be conducted and how the EM
system and associated equipment will be configured to meet the data
collection objectives and purpose of the EM program. VMPs are required
under Sec. 679.51(f).
* * * * *
0
3. In Sec. 679.7, revise paragraphs (f)(4), (g) heading, and (j) to
read as follows:
Sec. 679.7 Prohibitions.
* * * * *
(f) * * *
(4) Except as provided in Sec. 679.40(d), retain IFQ or CDQ
halibut or IFQ or CDQ sablefish on a vessel in excess of the total
amount of unharvested IFQ or CDQ, applicable to the vessel category and
IFQ or CDQ regulatory area(s) in which the vessel is deploying fixed
gear, and that is currently held by all IFQ or CDQ permit holders
aboard the vessel, unless the vessel has an observer aboard under
subpart E of this part or the vessel participates in the EM selection
pool and complies with the requirements at Sec. 679.51(f), and
maintains the applicable daily fishing log prescribed in the annual
management measures published in the Federal Register pursuant to Sec.
300.62 of this title and Sec. 679.5.
* * * * *
(g) North Pacific Observer Program--Observers. * * *
* * * * *
(j) North Pacific Observer Program--EM Systems. (1) Fish without an
EM system when a vessel is required to carry an EM system under Sec.
679.51(f).
(2) Fish with an EM system without a copy of a valid NMFS-approved
VMP on board.
(3) Fail to comply with a NMFS-approved VMP.
(4) Fail to conduct a function test prior to departing port on a
fishing trip as required at Sec. 679.51(f)(5)(vi)(A).
(5) Depart on a fishing trip selected for EM coverage without a
functional EM system, unless procedures at Sec. 679.51(f)(5)(vi)(A)(1)
and Sec. 679.51(f)(5)(vi)(A)(2) have been followed.
(6) Fail to follow procedures at Sec. 679.51(f)(5)(vi)(B) prior to
each set on a fishing trip selected for EM coverage.
(7) Fail to make the EM system, associated equipment, logbooks and
other records available for inspection upon request by NMFS, OLE, or
other NMFS-authorized officer.
(8) Fail to submit a video data storage device as specified under
Sec. 679.51(f)(5)(vii).
(9) Tamper with, bias, disconnect, damage, destroy, alter, or in
any other way distort, render useless, inoperative, ineffective, or
inaccurate any component of the EM system, associated equipment, or
data recorded by the EM system.
(10) Assault, impede, intimidate, harass, sexually harass, bribe,
or interfere with an EM service provider.
(11) Interfere or bias the sampling procedure employed in the EM
selection pool including either mechanically or manually sorting or
discarding catch outside of the camera view or inconsistent with the
NMFS-approved VMP.
(12) Fail to meet vessel owner and operator responsibilities
specified at Sec. 679.51 (f)(5).
* * * * *
0
4. In Sec. 679.21, revise paragraphs (a)(2)(ii) and (a)(3) to read as
follows:
Sec. 679.21 Prohibited species bycatch management.
(a) * * *
(2) * * *
(ii) After allowing for sampling by an observer, if an observer is
aboard, sort its catch immediately after retrieval of the gear and,
except for salmon prohibited species catch in the BS pollock fisheries
and GOA groundfish fisheries under paragraph (f) or (h) of this
section, or any prohibited species catch as provided (in permits
issued) under the PSD program at Sec. 679.26, return all prohibited
species, or parts thereof, to the sea immediately, with a minimum of
injury, regardless of its condition.
(3) Rebuttable presumption. Except as provided under paragraphs (f)
and (h) of this section and Sec. 679.26, there will be a rebuttable
presumption that any prohibited species retained on board a fishing
vessel regulated under this part was caught and retained in violation
of this section.
* * * * *
Sec. 679.23 [Amended]
0
5. In Sec. 679.23 remove paragraphs (d)(4) and (d)(5).
0
6. In Sec. 679.51:
0
a. Revise section heading and paragraphs (a)(1) heading, (a)(1)(i)
introductory text, (a)(1)(i)(C), (a)(1)(ii) introductory text,
(a)(1)(ii)(B), (a)(1)(ii)(D), and (a)(4)(iii); and
0
b. Add paragraph (f) to read as follows:
Sec. 679.51 Observer and Electronic Monitoring System requirements
for vessels and plants.
(a) * * *
(1) Groundfish and halibut fishery partial coverage category--(i)
Vessel classes in partial coverage category. Unless otherwise specified
in paragraph (a)(2) of this section, the following catcher vessels and
catcher/processors are in the partial coverage category when fishing
for halibut with hook-and-line gear or when directed fishing for
groundfish in a federally managed or parallel groundfish fishery, as
defined at Sec. 679.2:
* * * * *
(C) A catcher/processor placed in the partial coverage category
under paragraph (a)(3) of this section; or
* * * * *
[[Page 14863]]
(ii) Registration and notification of observer deployment. The
Observer Declare and Deploy System (ODDS) is the communication platform
for the partial coverage category by which NMFS receives information
about fishing plans subject to randomized observer deployment. Vessel
operators provide fishing plan and contact information to NMFS and
receive instructions through ODDS for coordinating with an observer
provider for any required observer coverage. Access to ODDS is
available through the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov.
* * * * *
(B) Notification. Upon entry into ODDS, NMFS will notify the owner
or operator of his or her vessel's selection pool. Owners and operators
must comply with all further instructions set forth by ODDS.
* * * * *
(D) Vessel selection pool. A vessel selected for observer coverage
is required to have an observer on board for all groundfish and halibut
fishing trips specified at paragraph (a)(1)(i) of this section for the
time period indicated by ODDS.
* * * * *
(4) * * *
(iii) Deadline to request full observer coverage. A full observer
coverage request must be submitted by October 15 of the year prior to
the calendar year in which the catcher vessel would be placed in the
full observer coverage category.
* * * * *
(f) Electronic monitoring system requirements for vessels that use
nontrawl gear--Vessels that use nontrawl gear in the partial coverage
category in paragraph (a)(1)(i) of this section may be eligible for EM
coverage instead of observer coverage.
(1) Vessel placement in the EM selection pool--(i) Applicability.
The owner or operator of a vessel that uses nontrawl gear in the
partial coverage category under paragraph (a)(1)(i) of this section may
request to be placed in the EM selection pool.
(ii) How to request placement in the EM selection pool. A vessel
owner or operator must complete an EM request and submit it to NMFS
using ODDS. Access to ODDS is available through the NMFS Alaska Region
Web site at http://alaskafisheries.noaa.gov. ODDS is described in
paragraph (a)(1)(ii) of this section.
(iii) Deadline to submit an EM request. A vessel owner or operator
must submit an EM request in ODDS by November 1 of the year prior to
the calendar year in which the catcher vessel would be placed in the EM
selection pool.
(iv) Approval for placement in the EM selection pool. NMFS will
approve a nontrawl gear vessel for placement in the EM selection pool
based on criteria specified in NMFS' Annual Deployment Plan, available
through the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov. Criteria may include, but are not limited to,
availability of EM systems, vessel gear type, vessel length, area
fished, number of trips or total catch, sector, target fishery, and
home or landing port.
(v) Notification of approval for placement in the EM selection
pool--(A) NMFS will notify the vessel owner or operator through ODDS of
approval for the EM selection pool for the next calendar year. The
vessel remains subject to observer coverage under paragraph (a)(1)(i)
of this section unless NMFS approves the request for placement of the
vessel in the EM selection pool.
(B) Once the vessel owner or operator receives notification of
approval from NMFS, the vessel owner or operator must comply with the
vessel owner or operator responsibilities in paragraphs (f)(4) and
(f)(5) of this section and all further instructions set forth by ODDS.
(vi) Initial Administrative Determination (IAD). If NMFS denies a
request to place a vessel in the EM selection pool, NMFS will provide
an IAD to the vessel owner, which will explain the basis for the
denial.
(vii) Appeal. If the vessel owner wishes to appeal NMFS' denial of
a request to place the vessel in the EM selection pool, the owner may
appeal the determination under the appeals procedure set out at 15 CFR
part 906.
(viii) Duration. Once NMFS approves a vessel for the EM selection
pool, that vessel will remain in the EM selection pool until--
(A) NMFS disapproves the VMP under paragraph (f)(4) of this
section;
(B) The vessel owner or operator notifies NMFS that the vessel
intends to leave the EM selection pool in the following fishing year
under paragraph (f)(1)(ix) of this section; or
(C) The vessel no longer meets the EM selection pool criteria
specified by NMFS.
(ix) How to leave the EM selection pool. A vessel owner must
complete a request to leave the EM selection pool and submit it to NMFS
using ODDS. ODDS is described in paragraph (a)(1)(ii) of this section.
(x) Deadline to submit a request to leave the EM selection pool. A
vessel owner or operator must submit a request to leave the EM
selection pool by November 1 of the year prior to the calendar year in
which the vessel would be placed in observer coverage.
(2) Notification of EM selection--(i) A minimum of 72 hours prior
to embarking on each fishing trip, the operator of a vessel in the EM
selection pool with a NMFS-approved VMP must register the anticipated
trip with ODDS.
(ii) ODDS will notify the vessel operator whether the trip is
selected for EM coverage and provide a receipt number corresponding to
this notification. Trip registration is complete when the vessel
operator receives the receipt number.
(iii) An operator may embark on a fishing trip registered with
ODDS:
(A) Not selected trip. At any time if ODDS indicates that the
fishing trip is not selected for EM coverage.
(B) Selected trip. After the vessel operator follows the
instructions in ODDS and complies with the responsibilities under
paragraphs (f)(4) and (f)(5) of this section, if ODDS indicates that
the fishing trip is selected for EM coverage.
(3) EM coverage duration. If selected, a vessel is required to use
the EM system for the entire fishing trip.
(i) A fishing trip selected for EM coverage may not begin until all
previously harvested fish have been offloaded.
(ii) Within 24 hours of the end of the fishing trip selected for EM
coverage, the vessel operator must use ODDS to close the fishing trip
and follow the instructions in ODDS for submitting the video data
storage devices and associated documentation as outlined in paragraph
(5)(vii) of this section.
(4) Vessel Monitoring Plan (VMP). Once approved for the EM
selection pool and prior to registering a fishing trip in ODDS under
paragraph (f)(2) of this section, the vessel owner or operator must
develop a VMP with the EM service provider following the VMP template
available through the NMFS Alaska Region Web site at https://alaskafisheries.noaa.gov/.
(i) The vessel owner or operator must sign and submit the VMP to
NMFS each calendar year.
(ii) NMFS will approve the VMP for the calendar year if it meets
all the requirements specified in the VMP template available through
the NMFS Alaska Region Web site https://alaskafisheries.noaa.gov/.
(iii) If the VMP does not meet all the requirements specified in
the VMP template, NMFS will provide the vessel owner or operator the
opportunity to submit a revised VMP that meets all the
[[Page 14864]]
requirements specified in the VMP template.
(iv) If NMFS does not approve the revised VMP, NMFS will issue an
IAD to the vessel owner or operator that will explain the basis for the
disapproval. The vessel owner or operator may file an administrative
appeal under the administrative appeals procedures set out at 15 CFR
part 906.
(v) If changes are required to the VMP to improve the data
collection of the EM system or address fishing operation changes, the
vessel owner or operator must work with NMFS and the EM service
provider to alter the VMP. The vessel owner or operator must sign the
updated VMP and submit these changes to the VMP to NMFS prior to
departing on the next fishing trip selected for EM coverage.
(5) Vessel owner or operator responsibilities. To use an EM system
under this section, the vessel owner or operator must:
(i) Make the vessel available for the installation of EM equipment
by an EM service provider.
(ii) Provide access to the vessel's systems and reasonable
assistance to the EM service provider.
(iii) Maintain a copy of a NMFS-approved VMP aboard the vessel at
all times when the vessel is fishing.
(iv) Comply with all elements of the VMP when selected for EM
coverage in ODDS.
(v) Maintain the EM system, including the following:
(A) Ensure power is maintained to the EM system at all times when
the vessel is underway.
(B) Ensure the system is functioning for the entire fishing trip
and that camera views are unobstructed and clear in quality and catch
and discards may be completely viewed, identified, and quantified.
(C) Ensure EM system components are not tampered with, disabled,
destroyed, or operated or maintained improperly.
(vi) Complete pre-departure function test and daily verification of
EM system.
(A) Prior to departing port, the vessel operator must conduct a
system function test following the instructions from the EM service
provider. The vessel operator must verify that the EM system has
adequate memory to record the entire fishing trip.
(1) If the EM system function test detects a malfunction identified
as a high priority in the vessel's VMP or does not allow the data
collection objectives to be achieved, the vessel must remain in port
for up to 72 hours to allow an EM service provider time to conduct
repairs. If the repairs cannot be completed within the 72-hour time
frame, the vessel is released from EM coverage for that fishing trip
and may depart on the scheduled fishing trip. A malfunction must be
repaired prior to departing on a subsequent fishing trip. The vessel
will automatically be selected for EM coverage for the subsequent
fishing trip after the malfunction has been repaired.
(2) If the EM system function test detects a malfunction identified
as a low priority in the vessel's VMP, the vessel operator may depart
on the scheduled fishing trip following the procedures for low priority
malfunctions described in the vessel's VMP. At the end of the trip the
vessel operator must work with the EM service provider to repair the
malfunction. The vessel operator may not depart on another fishing trip
selected for EM coverage with this system malfunction unless the vessel
operator has contacted the EM service provider.
(B) During a fishing trip selected for EM coverage, before each set
is retrieved the vessel operator must verify all cameras are recording
and all sensors and other required EM system components are functioning
as instructed in the vessel's VMP.
(1) If a malfunction is detected, prior to retrieving the set the
vessel operator must attempt to correct the problem using the
instructions in the vessel's VMP.
(2) If the malfunction cannot be repaired at sea, the vessel
operator must notify the EM service provider of the malfunction at the
end of the fishing trip. The malfunction must be repaired prior to
departing on a subsequent fishing trip selected for EM coverage.
(vii) When instructed by ODDS after closing a fishing trip selected
for EM coverage, the vessel operator must submit video data storage
devices and associated documentation identified in the vessel's VMP to
NMFS using a method that requires a signature for delivery and provides
a return receipt or delivery notification to the sender. The video data
storage devices and associated documentation described in the vessel's
VMP must be postmarked no later than 2 business days after the end of
the fishing trip.
(viii) Make the EM system and associated equipment available for
inspection upon request by OLE, a NMFS-authorized officer, or other
NMFS-authorized personnel.
(6) EM for fishing in multiple regulatory areas. If a vessel owner
or operator intends to fish in multiple regulatory areas using an EM
system under the exception provided at Sec. 679.7(f)(4), the vessel
owner or operator must:
(i) Meet the requirements described in paragraph (f) of this
section.
(ii) Register in ODDS that he or she intends to fish in multiple
regulatory areas using the exception in Sec. 679.7(f)(4).
(iii) Ensure the EM system is powered continuously during the
fishing trip. If the EM system is powered down during periods of non-
fishing, the VMP must describe alternate methods to ensure location
information about the vessel is available for the entire fishing trip,
as specified in the VMP template available through the NMFS Alaska
Region Web site https://alaskafisheries.noaa.gov/.
(iv) If an EM system malfunction occurs during a fishing trip that
does not allow the recording of retrieval location information and
imagery of catch as described in the vessel's VMP, the vessel operator
must cease fishing and contact OLE immediately.
[FR Doc. 2017-05753 Filed 3-22-17; 8:45 am]
BILLING CODE 3510-22-P