Fisheries of the Exclusive Economic Zone Off Alaska; Monitoring and Enforcement; At-Sea Scales Requirements, 44372-44382 [2014-18029]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Proposed Rules]
[Pages 44372-44382]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18029]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 140113040-4040-01]
RIN 0648-BD90


Fisheries of the Exclusive Economic Zone Off Alaska; Monitoring 
and Enforcement; At-Sea Scales Requirements

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 issues a proposed rule to revise the at-sea scales 
program for catcher/processor vessels (C/Ps) and motherships that are 
required to weigh catch at sea. This action would make three major 
changes to current regulations. First, this action would change 
regulations to enhance daily scale testing and require electronic 
reporting of daily scale test results. Second, this action would 
require that scales used to weigh catch have electronics capable of 
logging and printing the frequency and magnitude of scale calibrations, 
as well as the time and date of each scale fault and scale startup. 
Third, this action would require that the scale and the area around the 
scale be monitored using video. Finally, this action would revise 
technical regulations that are no longer applicable. This action is 
being proposed to reduce the possibility of scale tampering and to 
improve the accuracy of catch estimation by the C/P and mothership 
sector. 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: Written comments must be received on or before September 2, 
2014.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2014-0006, 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-2014-0006, 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.
    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). 
Attachments to electronic comments will be accepted in Microsoft Word, 
Excel, or Adobe PDF file formats only.
    Electronic copies of the Categorical Exclusion and the Regulatory 
Impact Review (Analysis) prepared for this action may be obtained from 
https://www.regulations.gov or from the NMFS Alaska Region Web site at 
https://alaskafisheries.noaa.gov. An electronic copy of the Guidelines 
for Economic Review of National Marine Fisheries Service Regulatory 
Actions may be obtained from https://www.nmfs.noaa.gov/sfa/domes_fish/EconomicGuidelines.pdf.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to NMFS (see ADDRESSES) 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 and the Fishery Management 
Plan for Groundfish of the Bering Sea and Aleutian Islands Management 
Area. The fishery management plans (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.

Background

    The at-sea scales program (Program) was developed in the mid-1990's 
to provide catch accounting methods for vessels, specifically C/Ps, 
that were more precise and verifiable and less dependent on estimates 
generated by at-sea observers. Improved catch estimation was necessary 
because of the implementation of large-scale catch share programs. NMFS 
determined that effective monitoring and enforcement of catch share 
programs require verifiable and precise estimates of quota harvest. 
Because catch share programs limit vessel operators to specific amounts 
of catch, vessel operators have an increased incentive to underreport 
catch to fish beyond specific catch limits. A method for independently 
verifying catch, such as a requirement to weigh catch on a scale, 
reduces the ability of vessel operators to underreport catch.
    Because C/Ps do not deliver their catch onshore where land-based 
scales can be used, catch must be weighed at sea. The requirements for 
weighing catch at sea were first implemented in 1998 (63 FR 5836, 
February 4, 1998) for trawl C/Ps participating in the Multi-Species 
Community Development Quota (MS CDQ) program. The Program was expanded 
significantly in 2000 as a result of statutory requirements of the 
American Fisheries Act (AFA) that required all at-sea catch by 
specified vessels in the Bering Sea and Aleutian Islands (BSAI) pollock 
fishery to be weighed (see 65 FR 4520, January 28, 2000). In 2006 and 
2007, the Program was further expanded to include trawl C/Ps 
participating in the Central Gulf of Alaska rockfish pilot program (71 
FR 67210, November 20, 2006) and non-AFA trawl C/Ps participating in 
BSAI trawl fisheries (72 FR 52668, September 14, 2007). Finally, the 
Program was expanded in 2013 to include longline C/Ps that participate 
in BSAI Pacific cod fisheries (77 FR 59053, September 26, 2012). Since 
its inception, the Program has grown significantly, from fewer than 10 
participating vessels in 1998 to over 60 vessels today.
    The Program is dependent on two types of motion-compensated 
electronic scales. The first is a platform scale with

[[Page 44373]]

a capacity between 50 and 60 kg that is used by NMFS-certified 
observers (observers) to perform part of their sampling duties and to 
verify the accuracy of the second type of motion-compensated scale--a 
flow scale. A flow scale, or self-contained belt scale, is capable of 
continuously weighing up to 100 metric tons (mt) of fish per hour and 
is used by the vessel to weigh either total catch or quota species 
(species allocated under a catch share program).
    When the Program was developed in 1998, NMFS understood that 
rigorous scale approval and monitoring provisions would be necessary to 
ensure the accuracy of scales. The Program NMFS developed included 
three levels of regulatory oversight. First, each model of scale 
approved by NMFS for use at sea must have been tested by an independent 
laboratory and found to meet specified standards of accuracy and 
reliability. Second, NMFS-authorized inspectors must inspect each scale 
annually to ensure that it remains accurate, has been adequately 
maintained, and is properly installed. Third, each scale must be tested 
daily by vessel crew when in use and must be accurate within +/- 3 
percent when compared against a platform scale used by observers. In 
turn, the vessel crew compares the flow scale against test weights of a 
known weight to ensure its accuracy. The first two components of the 
scale-monitoring provisions are similar to standards in place for the 
approval of land scales used in trade applications throughout the 
United States. The third component, daily testing of at-sea scales, is 
necessary because the demanding environment where these scales are used 
can cause scales to become inaccurate due to vessel motion, temperature 
and humidity changes, onboard power fluctuations, or other factors. The 
background section of the Analysis provides additional detail on the 
scale approval and monitoring process.
    NMFS researched the best available technology before developing at-
sea scale regulatory standards. However, since the Program was 
implemented (1998), there have been significant technological 
improvements. First, vessels are now able to communicate quickly and 
easily with NMFS while at sea using an electronic logbook (ELB) to 
report catch and effort information. When the Program was implemented 
in 1998, ELB was in early development stages and its use was not 
required. Now, the majority of vessels that are required to weigh catch 
at sea are also required to report catch daily using an ELB. Second, 
scale technology and onboard computer technology have advanced 
significantly; when the Program was implemented in 1998, the internal 
data storage capacity of the scales was very limited. Given the 
available data storage capacity in 1998, NMFS determined that the most 
important information to retain in the scale memory was the weight of 
the prior 10 hauls and an audit trail that described modifications made 
to the operation of the scale that could affect its accuracy (i.e., 
repair or maintenance of mechanical equipment needed for weighing 
catch). However, the current generation of scales is significantly 
easier to program and offers significantly more onboard data storage 
capacity allowing the retention of more information. The first 
generation scale electronics are reaching the end of their functional 
lives and are being replaced by the new generation of scales with 
considerably more sophisticated electronics. As noted in Section B of 
the Analysis, only 19 out of 68 vessels with NMFS-approved flow scales 
continue to use first-generation scales, and NMFS anticipates that most 
of these first-generation electronics will be replaced by the time this 
proposed action would be implemented, if approved. Finally, at the time 
the Program was first implemented in 1998, the vessels that were 
required to use scales did not have onboard video systems; nor were 
these vessels subject to video monitoring. Since that time, NMFS has 
developed monitoring regulations that require the majority of the 
vessels using at-sea scales to provide video monitoring to monitor the 
flow of catch.

The Proposed Action

    This proposed action would affect the owners and operators of the 
following C/Ps and motherships that are required to weigh catch at sea:
     Trawl C/Ps permitted for pollock in the BSAI under the 
AFA;
     Motherships permitted to receive deliveries of pollock in 
the BSAI under the AFA;
     Trawl C/Ps permitted to fish for groundfish under 
Amendment 80 to the BSAI FMP;
     Trawl C/Ps permitted to fish for rockfish in the Central 
Gulf of Alaska (GOA);
     Longline C/Ps with a license limitation program license 
endorsed for C/P operations that fish for Pacific cod using hook-and-
line gear in the Bering Sea (BS) or Aleutian Islands (AI) areas: and
     C/Ps that harvest catch in the BSAI under the CDQ program.
    All C/Ps and motherships that harvest catch in the BSAI under the 
MS-CDQ program would be subject to the same requirements as all other 
vessels that are required to weigh groundfish catch at sea under this 
proposed action. Therefore, this proposed action would be consistent 
with section 305(i)(1)(B)(iv) of the Magnuson-Stevens Act, that 
requires that CDQ fisheries ``shall be regulated by the Secretary 
[NMFS] in a manner no more restrictive than for other participants in 
the applicable sector.''
    This proposed action would: (1) Change daily scale testing 
requirements; (2) change flow scale software requirements; (3) require 
video monitoring; and (4) make other minor changes that would be needed 
to effectively implement the proposed action. Each of these proposed 
changes is described in more detail below.

Changes to Daily Scale Testing Requirements

    Currently, operators of vessels required to use at-sea scales must 
test each scale once during every 24 hours when use of the scale is 
required under regulations at Sec.  679.28(b)(3). This is commonly 
known as the daily scale test. In order to test the scale, the vessel 
crew weighs at least 400 kg of fish or sand bags on the flow scale and 
on the platform scale used by NMFS-certified observers. The results 
from the daily scale tests on the two scales must agree within +/- 3 
percent of each other, commonly known as the 3 percent standard. At 
least one daily scale test that meets the 3 percent standard must be 
recorded in writing and signed by the vessel operator. If the flow 
scale does not meet the 3 percent standard, the flow scale is cleaned, 
serviced, and then retested. Under current regulations at Sec.  
679.28(b)(iii)(C), vessel owners and operators are required to retain 
the results of each daily scale test on board for the duration of the 
fishing year, but they are not required to submit those test results to 
NMFS. In most cases, the results of these daily scale tests are 
reviewed by NMFS only at the time of the annual scale inspection after 
the fishing season is over.
    NMFS established the 3 percent standard based on preliminary 
testing results when the Program was first implemented (see 63 FR 5836, 
February 4, 1998) and reviewed that standard based on an analysis of 
daily scale testing results from 2010 (see Section A.5 of the 
Analysis). NMFS has determined that the 3 percent standard represents 
an appropriate compromise between the need for accurate weights and to 
minimize the number of times vessels would need to return to port for 
maintenance to correct minor discrepancies in daily scale test results.

[[Page 44374]]

However, based on Section A.5 of the Analysis, the mean scale test 
error is negative. This indicates that there is a bias in the weights 
obtained from the daily scale tests that result in weights being under 
reported. Section A.5 of the Analysis provides a detailed description 
of the numerous factors that can bias daily scale tests and result in 
an underestimation of the weight of catch.
    To address this potential bias, NMFS proposes four changes to the 
daily scale test requirements at Sec.  679.28(b)(3). First, NMFS would 
modify regulations at Sec.  679.28(b)(3)(i)(B) to require that the 
vessel operator test the scales with material supplied by the scale 
manufacturer or approved by a NMFS-authorized scale inspector. This 
proposed change would ensure that appropriate material, such as sand 
bags or material supplied by the scale manufacturer, is used instead of 
fish. Sand bags are a more consistent weight than fish because they do 
not dry between being weighed on the flow scale and being weighed on 
the platform scale. This change would ensure consistent weights of the 
test material, better accuracy, and reduce the potential for bias to be 
introduced by changes in the test weight due to water loss from the 
fish between flow scale and platform scale tests.
    Second, NMFS would add regulations at Sec.  679.5(f)(1)(ix) to 
require that the vessel operator electronically report the results and 
timing of daily scale tests each day to NMFS in the vessel's ELB. This 
addition would allow NMFS employees to continuously monitor daily scale 
tests by vessels when they are at sea and to work with vessel crew to 
ensure that any bias in daily scale tests could be discovered and 
corrected quickly.
    Third, NMFS would add regulations at Sec.  679.5(f)(1)(ix) to 
require the reporting of all daily scale tests, whether passed or 
failed, to NMFS. Currently, vessel operators are allowed to test their 
scales as frequently as they want, but are only required to record the 
results from a single daily scale test that meets the 3 percent 
standard during each 24-hour period when use of the scale is required. 
In most cases, failed daily scale tests are not reported, and NMFS does 
not know how many daily scale tests were completed before the scales 
met the 3 percent standard. Some vessels also test their scales 
multiple times even when the scales are meeting the 3 percent standard 
in order to report only the best (i.e., lowest error) result. Over 
time, such practices would create a consistent bias that would result 
in underreporting of catch.
    Finally, NMFS would modify regulations at Sec.  679.28(b)(3) to 
clarify that a daily scale test must be conducted one time during each 
calendar day when use of the scale is required, with testing intervals 
not to exceed 24 hours. Current regulations at Sec.  679.28(b)(3) state 
that scales must be tested ``one time during each 24-hour period when 
use of the scale is required.'' The intent of the original regulation 
was to ensure that scales were tested at no greater than 24-hour 
intervals. However, the current regulation could be interpreted in a 
manner that does not provide a daily scale test for each calendar day, 
which could result in a gap of more than 24-hours between tests. For 
example, if a daily scale test is performed at 9:00 p.m. on day 1, and 
at 8:59 p.m. on day 3, a total of almost 48 hours has elapsed. However, 
if a ``24-hour period'' is interpreted as lasting from 9:00 p.m. on day 
1 to 8:59 p.m. on day 2, and another ``24-hour period'' is interpreted 
as lasting from 9:00 p.m. on day 2 to 8:59 p.m. on day 3, the scale 
will have been tested once during each of these ``24-hour periods,'' 
yet not at all during calendar day 2. The proposed provision to require 
the vessel operator to conduct a daily scale test one time during each 
calendar day when use of the scale is required, with testing intervals 
not to exceed 24 hours, would clarify the daily scale test requirements 
and regular scale testing.

Changes to Flow-Scale Software Requirements

    This proposed rule would improve the ability of NMFS to detect two 
of the greatest potential sources of bias in the weight reported by the 
flow scale, which are flow scales that do not weigh correctly due to 
being in a fault mode, and the incorrect calibration of flow scales.
    A fault is any condition detected by the scale electronics that has 
the potential to affect the metrological accuracy of the scale. Many 
factors will put the scale into a fault mode. Some fault modes have 
more significant effects than others. For example, a slipping belt will 
generally cause a fault and, if left uncorrected, could result in a 
dramatic overestimation of the amount of fish passing over the scale. 
Other fault modes, such as when the scale is weighing catch at a low 
rate of flow, are of only technical significance, and NMFS has seen no 
evidence that this condition affects scale accuracy. When flow scales 
are well maintained, they can be quite accurate. With proper 
maintenance, scale faulting should be a fairly rare occurrence. 
However, lack of maintenance and deliberate tampering can cause a 
substantial increase in the frequency of scale faults. NMFS is not able 
to quantify the frequency or cause of scale faults under current 
regulations. Limited information obtained from a review of video from 
vessels with video monitoring in the vicinity of the scale indicates 
that scale faulting may be widespread (see Section B of the Analysis 
for additional detail). Requiring vessel operators to log all faults as 
they occur would allow NMFS to better monitor the condition of scales. 
This would help prevent deliberate tampering with the scale that would 
result in faults and inaccurate weighing of catch.
    Unlike land-based scales, at-sea scales generally require frequent 
calibration to ensure that the scale is correctly adjusted to a known 
reference weight. At-sea scale calibrations are required more 
frequently under some circumstances, such as a dramatic change in 
vessel motion due to sea conditions, or due to a change in vessel 
direction. Because it is not possible to predict when scale 
calibrations are needed at sea, it is impractical for NMFS to set a 
minimum or maximum number of calibrations that a vessel must conduct 
each day. In addition, at-sea scale calibrations can be deliberately 
performed improperly in order to cause the scale to weigh incorrectly. 
Section B of the Analysis details the factors that can lead to improper 
calibration. In those cases where improper calibrations result in the 
systematic underreporting of catch, NMFS expects the vessel crew would 
calibrate the scale properly prior to the daily scale test, and 
improperly after the test. Because of improvements made to scale 
electronics, it is now possible to record the magnitude and direction 
of calibrations relative to the previous calibration. It is also 
possible to record the time a calibration occurred. Section B of the 
Analysis describes the capabilities of the current generation of at-sea 
scales to retain and record calibration data. Requiring the retention 
and reporting of calibration data could be used to detect deliberate 
miscalibration, thereby reducing the likelihood of underreporting of 
catch.
    To resolve these fault and calibration issues, this proposed action 
would add two new requirements to the at-sea scale printed report 
requirements at Sec. Sec.  679.28(b)(5)(iii) and (b)(5)(iv). The latest 
at-sea scales software can save and print out calibration and fault 
logs. NMFS would add regulations at Sec.  679.28(b)(5)(iv) to require 
vessel operators to print and retain a fault log that records the last 
1,000 faults and scale startups, or all faults and startups since the 
scale electronics were first put

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into service, whichever is less. NMFS would add regulations at Sec.  
679.28(b)(5)(iii) to require vessel operators to print and retain a 
calibration log that records the last 1,000 calibrations or all 
calibrations since the scale electronics were first put into service, 
whichever is less. NMFS expects the limit of 1,000 faults and 1,000 
calibrations would accommodate the total number of calibrations likely 
to occur between annual scale inspections. NMFS would not require 
submission of the printed record of the scale fault log and calibration 
log, but would collect and review those data at the time of the annual 
scale inspection. Those data will also be available to the NOAA Office 
of Law Enforcement (OLE) in cases where scale tampering is suspected.
    NMFS intends that the proposed modifications to fault and 
calibration reporting would be effective in early 2015. However, this 
proposed action would add regulations at Sec.  679.28(b)(5)(v) to 
clarify that the proposed fault and calibration reporting requirements 
would be delayed for vessels that receive a scale inspection after 
March 1, 2014, and before December 31, 2014, until the time of that 
vessel's next scale inspection in 2015. C/Ps and motherships receive a 
NMFS-conducted scale inspection on an annual basis. Because of the 
timing of some fisheries, NMFS tests some vessels' at-sea scales during 
the spring and summer. For example, NMFS does not conduct longline C/P 
vessel scale inspections until after March 1 of each year. Because NMFS 
anticipates that this rule will become effective at the beginning of 
2015 (if approved), vessels that are inspected in the spring and summer 
of 2014 will be using scales that were approved prior to the effective 
date of the rule, and with an approval that would not expire until at 
least mid-year in 2015.
    Without this proposed clarification, vessels that are normally 
inspected in the spring and summer would be required to have an 
additional scale inspection at the beginning of 2015. Scale inspections 
for these vessels are challenging because most of these vessels are 
docked in Alaska and without crew at the beginning of the year. 
Performing annual scale inspections for all affected C/Ps at the 
beginning of the year would present significant logistical difficulties 
and increased costs for both NMFS and the vessel owners and at-sea 
scale providers. NMFS believes that allowing these vessels to continue 
operations until they are required to conduct their annual scale 
inspections in 2015 would make the transition to these new regulations 
less administratively burdensome and would significantly reduce costs 
to vessels. NMFS does not expect that this provision would be needed 
for trawl C/Ps and motherships because those vessels typically conduct 
their scale inspections at the beginning of a year. However, this 
provision would not exclude any vessel that is required to carry at-sea 
scales and that received its annual scale inspection after March 1, 
2014, and before December 31, 2014.

Addition of Video Monitoring

    In 1998, when the at-sea scales regulations were first promulgated, 
no vessel fishing off Alaska was required to participate in a video 
monitoring program, and the use of video on fishing vessels was 
experimental. Now, 61 out of the 68 vessels that would be directly 
regulated by this action are required to provide some form of video 
monitoring in the vicinity of the at-sea scale, and broad use of video 
to monitor compliance for some aspect of catch monitoring on C/Ps is 
now routine. C/Ps and motherships participating in BSAI pollock 
fisheries are required to use video to monitor the sorting and 
retention of salmon under regulations found at Sec.  679.28(j), which 
generally take place immediately after catch is weighed on the flow 
scale. Trawl C/Ps authorized to fish for groundfish under Amendment 80 
to the BSAI FMP or rockfish in the Central Gulf of Alaska often use 
video to monitor the crew activities inside fish bins (see regulations 
at Sec.  679.28(i)(1)(iii)). Longline C/Ps that would be affected by 
this action are currently required to use video to ensure that all 
Pacific cod are weighed on the flow scale (see regulations at Sec.  
679.28(k)).
    Although the video data collected from these vessels are intended 
to meet other monitoring objectives, the data collected from existing 
video monitoring programs have been instrumental in demonstrating that 
flow scale manipulation is occurring, and that scale faulting is more 
frequent than NMFS believed. Without the broad documentation provided 
by existing video data, NMFS would have had a more difficult time 
determining how the at-sea scale program needed to be changed in order 
to prevent misreporting and ensure scale accuracy. The video required 
on trawl vessels, however, is required under monitoring regulations 
that are unrelated to monitoring flow scale use. While the video data 
from trawl vessels have provided information on scale faults and 
manipulation, the requirements for camera placement under the other 
monitoring regulations often do not provide for direct and consistent 
monitoring of flow scale use. The proposed provisions for video 
monitoring of the area around the flow scale would assist NMFS 
management and enforcement in ensuring that all required catch weighing 
takes place properly.
    This proposed action would require video monitoring of the flow 
scale and the area surrounding the flow scale. Specifically, NMFS would 
modify regulations at Sec.  679.28(e) to require vessel owners to 
provide cameras, a digital video recorder, and a video monitor that are 
able to:
     Provide sufficient resolution and field of view to monitor 
the flow scale used by the vessel to weigh catch. The coverage would 
need: to be sufficient to clearly show the activities of any individual 
working on the scale; to clearly show all fish passing over the scale; 
and to show the scale display itself.
     Provide sufficient resolution to show if any fault light 
associated with the scale is on or flashing.
     Have sufficient data storage capacity to store all video 
data from an entire trip.
     Time/date stamp each frame of video in Alaska local time 
(A.l.t.).
     Include at least one external USB (1.1 or 2.0) port or 
other removable storage device approved by NMFS.
     Use color cameras that have at a minimum 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.
     Record at a speed of no less than 5 unique frames per 
second at all times.
     Provide a 16-bit or better color monitor that can display 
all cameras simultaneously.
    The vessel operator would be required to maintain data from the 
system on board for at least 120 days and make the data available to 
NMFS employees, or any individual authorized by NMFS, upon request. The 
system would have to be inspected by NMFS annually in one of three 
designated ports (Dutch Harbor, Kodiak or the Puget Sound area) to 
ensure that it meets the above standards. If the system meets the above 
standards during the inspection, NMFS would provide approval in the 
form of a Video Monitoring Inspection Report that must be maintained 
aboard the vessel for the entire year. If the vessel owner wants to 
change any aspect of the video monitoring system that would affect the 
system's functionality, such as moving the location of a camera, the 
vessel

[[Page 44376]]

owner would submit to the Regional Administrator a written request to 
change the video monitoring system.

Changes to Video Monitoring Technical Requirements

    As described above, video monitoring is already required for most 
C/Ps and motherships fishing off Alaska. All of these vessels are 
subject to very similar, but in some cases not identical, technical 
requirements. In the past, minor inconsistencies among various fleets 
have not been problematic because the requirements apply to separate 
fleets. However, NMFS believes most of the vessels will use or expand 
an existing NMFS-approved monitoring system to comply with the 
requirement to monitor the scale area (see section C of the Analysis). 
NMFS intends that technical requirements for all vessels and systems 
would be identical to avoid confusion and to prevent inconsistencies 
that could make compliance with the new video monitoring requirements 
more difficult. Table 1 shows: (1) The current video regulations for 
each of the affected fleets; and (2) the proposed regulatory revisions 
and consolidation that would create consistent technical video 
requirements applicable to all affected fleets.

       Table 1--Current--and Proposed--Technical Video Regulations
------------------------------------------------------------------------
          Current technical video regulations               Proposed
-------------------------------------------------------   revisions and
                                                        consolidation of
                                                         technical video
                                                           regulations
                                        Longline C/Ps    (applicable to
                        C/Ps and        operating in      all C/Ps and
 Amendment 80 and     motherships     BSAI or GOA when     motherships
 Central Gulf of    directed fishing  directed fishing     required to
 Alaska Rockfish,    for pollock in    for Pacific cod   weigh catch at
  including CDQ    the BS, including   is open in the      sea and all
                      pollock CDQ      BSAI, including       vessels
                                       groundfish CDQ       currently
                                           fishing      subject to other
                                                        video monitoring
                                                          requirements)
------------------------------------------------------------------------
The video data     The video data     The video data    The video data
 must be            must be            must be           must be
 maintained and     maintained and     maintained and    maintained and
 made available     made available     made available    made available
 to NMFS            to NMFS            to NMFS           to NMFS
 employees or any   employees, or      employees, or     employees, or
 individual         any individual     any individual    any individual
 authorized by      authorized by      authorized by     authorized by
 NMFS, upon         NMFS, on           NMFS, on          NMFS, on
 request. These     request. The       request. The      request. The
 data must be       data must be       data must be      data must be
 retained on        retained on        retained on       retained on
 board the vessel   board the vessel   board the         board the
 for no less than   for no less than   vessel for no     vessel for no
 120 days after     120 days after     less than 120     less than 120
 the beginning of   the date the       days after the    days after the
 a trip, unless     video is           date the video    date the video
 NMFS has           recorded, unless   is recorded,      is recorded,
 notified the       NMFS has           unless NMFS has   unless NMFS has
 vessel operator    notified the       notified the      notified the
 that the video     vessel operator    vessel operator   vessel operator
 data may be        that the video     that the video    that the video
 retained for       data may be        data may be       data may be
 less than this     retained for       retained for      retained for
 120-day period.    less than this     less than this    less than this
 (Sec.              120-day period.    120-day period.   120-day period.
 679.28(i)(1)(iii   (Sec.              (Sec.             (Sec.
 )(E))              679.28(j)(1)(v))   679.28(k)(3))     679.28(e)(v)).
Color cameras      Color cameras      Color cameras     Color cameras
 must have at a     must have at a     must have at a    must have at a
 minimum 420 TV     minimum 470 TV     minimum 470 TV    minimum 470 TV
 lines of           lines of           lines of          lines of
 resolution, a      resolution, auto-  resolution,       resolution,
 lux rate of 0.1,   iris               auto-iris         auto-iris
 and auto-iris      capabilities,      capabilities,     capabilities,
 capabilities.      and output color   and output        and output
 (Sec.              video to the       color video to    color video to
 679.28(i)(1)(iii   recording device   the recording     the recording
 )(D))              with the ability   device with the   device with the
                    to revert to       ability to        ability to
                    black and white    revert to black   revert to black
                    video output       and white video   and white video
                    when light         output when       output when
                    levels become      light levels      light levels
                    too low for        become too low    become too low
                    color              for color         for color
                    recognition.       recognition.      recognition.
                    (Sec.              (Sec.             (Sec.
                    679.28(j)(1)(iv)   679.28(k)(1)(v)   679.28(e)(iv))
                    )                  )
The system uses    The system must    Use commercially  The system must
 commercially       use commercially   available         output video
 available          available          software. (Sec.   files to an
 software. (Sec.    software. (Sec.                      open source
  679.28(i)(1)(ii    679.28(j)(1)(ii   679.28(k)(1)(iv   format or the
 i)(C))             i))                ))                vessel owner
                                                         must provide
                                                         software
                                                         capable of
                                                         converting the
                                                         output video
                                                         file to an open
                                                         source format
                                                         or commercial
                                                         software must
                                                         be available
                                                         for converting
                                                         the output
                                                         video file to
                                                         an open source
                                                         format. (Sec.
                                                         679.28(e)(1)(ii
                                                         i))
How does a vessel  How does a vessel  Any change to     How does a
 owner make a       owner make a       the electronic    vessel owner
 change to the      change to the      monitoring        make a change
 video monitoring   video monitoring   system that       to the video
 system? Any        system? Any        would affect      monitoring
 change to the      change to the      the system's      system? Any
 video monitoring   video monitoring   functionality     change to the
 system that        system that        or ability to     video
 would affect the   would affect the   meet the          monitoring
 system's           system's           requirements at   system that
 functionality      functionality      paragraph         would affect
 must be            must be            (k)(1) of this    the system's
 submitted to,      submitted to,      section must be   functionality
 and approved by,   and approved by,   submitted to,     must be
 the Regional       the Regional       and approved      submitted to,
 Administrator in   Administrator in   by, NMFS in       and approved
 writing before     writing before     writing before    by, the
 that change is     that change is     that change is    Regional
 made. (Sec.        made. (Sec.        made. (Sec.       Administrator
 679.28(i)(1)(iii   679.28(j)(4))      679.28(k)(7))     in writing
 )(K))                                                   before that
                                                         change is made.
                                                         (Sec.
                                                         679.28(e)(5))
------------------------------------------------------------------------

    On a practical level, requiring identical video monitoring 
requirements would not substantively affect vessels with currently 
approved electronic monitoring systems. The proposed regulations would 
make several minor changes to the existing electronic monitoring system 
requirements. First, NMFS would modify regulations at Sec.  
679.28(e)(1)(v) to require vessel operators to retain video data for 
120 days after recording. Video data from the longline C/P subsector 
and C/Ps and motherships in the BSAI pollock fisheries currently must 
be retained for 120 days after recording as shown in the first row of 
Table 1. Video data used for bin monitoring under Amendment 80 to the 
BSAI FMP or rockfish in the Central Gulf of Alaska must be retained for 
120 days after the beginning of a trip. This

[[Page 44377]]

proposed action would modify regulations to use the less restrictive 
retention requirement of 120 days after recording, which would slightly 
reduce the burden for vessels required to provide bin monitoring under 
Amendment 80 to the BSAI FMP or rockfish in the Central Gulf of Alaska.
    Second, NMFS proposes to modify the equipment requirements at Sec.  
679.28(e)(1)(iv) to revise and consolidate camera specification 
requirements as shown in second row of Table 1. Camera specifications 
for bin monitoring under Amendment 80 to the BSAI FMP and rockfish in 
the Central Gulf of Alaska differ slightly from the specifications for 
the longline C/P subsector and C/Ps and motherships in the BSAI pollock 
fisheries. Currently, camera specifications for bin monitoring under 
Amendment 80 to the BSAI FMP and rockfish in the Central Gulf of Alaska 
require a lux capacity (amount of available light needed for cameras to 
record images) for the cameras, while the specifications for the 
longline C/P subsector and C/Ps and motherships in the BSAI pollock 
fisheries require auto-iris capabilities that provide the ability to 
revert to black and white when light levels become too low for color 
recognition. All cameras currently in use under regulations for 
Amendment 80 to the BSAI FMP, rockfish in the Central Gulf of Alaska, 
the longline C/P subsector, and C/Ps and motherships in the BSAI 
pollock fisheries meet the standards proposed by this action. This 
proposed change, as shown in second row of the above table, therefore 
would not affect current or anticipated use of cameras.
    Third, NMFS would modify regulations at Sec.  679.28(e)(1)(iv) to 
require color cameras with 470-lines of resolution, which is also 
included in the second row of Table 1. Current video bin monitoring 
regulations for vessels under Amendment 80 to the BSAI FMP and rockfish 
in the Central Gulf of Alaska require a color camera with 420-line 
resolution, but the other video monitoring system regulations for the 
longline C/P subsector and C/Ps and motherships in the BSAI pollock 
fisheries require vessel operators to provide a color camera with 470-
line resolution. NMFS expects this proposed change would not affect 
existing vessel operations, including vessels regulated under Amendment 
80 to the BSAI FMP and rockfish in the Central Gulf of Alaska, because 
all currently approved color cameras provide at least 470 lines of 
resolution.
    Fourth, NMFS would modify regulations at Sec.  679.28(e)(1)(iii) to 
require that the video system must output a video file that is open 
source (free and universally accessible software) or that can be 
converted to an open source format using commercially available or 
vessel-provided software. Current regulations for all video monitoring 
systems require that the system use commercially available software to 
view, record, playback and download video. The intent of current 
regulations was to allow NMFS employees and authorized agents to review 
the video imagery that is output by the system; however, NMFS does not 
need the entire software package that records video and allows it to be 
reviewed. Some security camera systems use software that is not 
commercially available outside of the system itself, but the systems 
are able to output an open source video file. Since the output format 
is the portion of the video NMFS needs for reviewing video, this action 
would revise regulations to allow open source video files. This 
proposed change would improve the ability for NMFS to review video 
data. This proposed change and the current regulations are shown in the 
third row of Table 1.
    Finally, NMFS would modify and consolidate video approval 
regulations at Sec.  679.28(e)(5). Vessels subject to the bin 
monitoring regulations for Amendment 80 to the BSAI FMP and rockfish in 
the Central Gulf of Alaska and C/Ps and motherships in the BSAI pollock 
fisheries that want to make any change to their video monitoring 
systems must obtain approval from the Regional Administrator, but 
vessels under the longline C/P subsector must obtain approval from 
NMFS. However, despite the regulatory difference requiring approval 
either by the ``Regional Administrator'' or ``NMFS'' depending on the 
program, the approval process for all three programs is administered 
identically; therefore, this proposed action would consolidate these 
regulations to require approval by the Regional Administrator. This 
administrative change would not substantively affect operations or 
regulatory compliance for any vessel and is shown in the fourth and 
final row of Table 1.
    NMFS notes that it would implement these proposed changes by 
consolidating the technical, annual inspection and approval, and data 
retention requirements for all video monitoring in regulations at Sec.  
679.28(e). Existing regulations at Sec.  679.28(e) contain outdated and 
unused regulations concerning bin volumetrics. NMFS would modify Sec.  
679.28(e) to remove existing bin volumetrics regulations as discussed 
below in the section ``Other Minor Changes made by this Rule.''
    The video monitoring requirements specific to bin monitoring for 
Amendment 80 to the BSAI FMP and rockfish in the Central Gulf of Alaska 
would remain at Sec.  679.28(i)(1)(iii). However, technical and data 
retention requirements at Sec.  679.28(i)(1)(iii) would be removed and 
replaced with a reference to requirements in revised regulations at 
Sec.  679.28(e). The video monitoring requirements specific to C/Ps and 
motherships in the BSAI pollock fisheries would remain in Sec.  
679.28(j). Video monitoring requirements specific to the longline C/P 
subsector would remain in Sec.  679.28(k). However, the technical, 
annual inspection and approval, and data retention requirements would 
be removed and replaced with a reference to requirements in revised 
regulations at Sec.  679.28(e).
    However, there are costs to the industry associated with the 
revised video requirements. As described in Section C of the Analysis, 
extending video coverage to capture images of the area around the flow 
scale and incorporating these proposed technical provisions described 
in the table would not represent a substantial cost, increase in 
technological complexity, or result in significant additional crew 
training requirements for vessels that currently deploy video systems. 
For the limited number of vessels that are not using video systems 
currently, these costs could be substantial depending on the system 
deployed and vessel configuration, but would be necessary to ensure 
adequate monitoring of at-sea scales. Section C of the Analysis 
describes the potential costs to these vessels in greater detail.

Other Minor Proposed Changes

    This proposed rule would make several minor revisions to 50 CFR 
part 679 related to the equipment and operational regulations.
    First, NMFS would revise the applicability paragraph of Sec.  
679.28 to remove the reference to bin volumetric estimates and to add a 
reference to include video monitoring systems. Regulations related to 
bin volumetrics are no longer applicable because flow scales are now 
used instead of bin volumetric measurements to determine the size of 
individual hauls. As noted in the previous section of this preamble, 
NMFS proposes to remove these regulations so any reference to those 
regulations is unnecessary. This action would also remove all other 
references to bin volumetrics in Sec.  679.28(e) and replace that 
paragraph with the

[[Page 44378]]

technical requirements for video monitoring systems as discussed above. 
The reference to video monitoring systems is discussed in existing 
regulations throughout Sec.  679.28 and would be included in this 
proposed action to accurately describe the specific requirements 
covered in regulations at Sec.  679.28.
    Second, NMFS would revise current regulations at Sec.  
679.28(b)(3)(i)(B) to allow daily scale tests to be performed with test 
material, such as sand bags, approved by a NMFS-authorized scale 
inspector or provided by the scale manufacturer. Existing regulations 
at Sec.  679.28(b)(3)(i)(B) require that daily scale tests performed 
with material other than fish must use test material provided by the 
scale manufacturer. NMFS believes vessel operators must use an 
appropriate test material that will contribute to accurate scale 
testing. However, that material does not need to be furnished by the 
scale manufacturer.
    Third, NMFS would revise regulations at Sec. Sec.  679.100(a) and 
(b) to remove a requirement that longline C/P vessels authorized to 
participate in the directed fishery and opt in to that fishery must 
select a monitoring option at that time. Current regulations at Sec.  
679.100(a) require that a longline C/P authorized to participate in the 
directed fishery for Pacific cod in the BSAI must annually choose 
whether to opt in or out of that fishery. Vessels that opt in are 
required to select a monitoring option at that time and this ensures 
data from these vessels for catch accounting are administered 
correctly. NMFS has determined that the requirements to annually opt in 
or out of the BSAI Pacific cod longline C/P fishery and to select a 
specific monitoring option at that time are no longer necessary. Unless 
a longline C/P owner or operator notifies NMFS of a change to their 
selected monitoring option, NMFS will continue to use the same catch 
accounting method as the previous year. This proposed action would 
remove this annual monitoring selection requirement by revising 
Sec. Sec.  679.100(a) and (b). This proposed change would clarify the 
requirements applicable to vessel operators in the longline C/P fleet 
and would reduce the fleet's reporting burden to select the same 
monitoring option that it used the previous year.
    Fourth, NMFS would revise regulations at Sec.  679.28(d)(9)(i) to 
simplify the observer sampling station inspection request regulations 
by removing a requirement that the vessel owner submit specific 
information when arranging for an observer sampling station inspection. 
Current regulations at Sec.  679.28(d)(9)(i) require that a vessel 
owner provide the same information for an observer sampling station 
inspection request as is required for at-sea scale inspections in 
regulations at Sec.  679.28. This change would not affect NMFS' ability 
to obtain information collected during the observer sampling station 
inspection process and would prevent duplicative reporting 
requirements.
    Fifth, NMFS would revise regulations at Sec.  679.28(i)(3) to 
clarify a vessel owner must submit an Inspection Request for Bin 
Monitoring at least 10 working days in advance of the requested date of 
inspection. Current regulations at Sec.  679.28(i)(3) state that the 
inspections will be scheduled no later than 10 working days after NMFS 
receives a complete application for an inspection. This change would 
not affect NMFS' ability to schedule inspections and would make the bin 
monitoring inspection request submission requirements match scale 
inspection request submission requirements.
    Sixth, NMFS would revise regulations at Sec.  679.28(i)(1)(ii) to 
remove unnecessary text describing the use of clear panels. Regulations 
at Sec.  679.28(i)(1)(ii) require that vessels subject to bin 
monitoring requirements and that choose a ``line of sight'' option for 
monitoring bins must provide clear panels to allow the observation of 
activities in the fish holding bins. The existing regulatory 
requirement in Sec.  679.28(i)(1)(ii) provides that ``[t]he observer 
must be able to view the activities of crew in the bin. . . .'' NMFS 
believes that this requirement is sufficient to adequately specify the 
needed requirements for the line of sight option for bin monitoring. 
This proposed modification removes an unnecessary restriction requiring 
the use of clear panels and clarifies existing regulations.
    Seventh, NMFS would revise regulations at Sec. Sec.  679.28(b)(3), 
679.28(b)(3)(ii)(B)(2), and 679.28(d)(1) to remove references to 
weighing ``total catch.'' At the time the Program was implemented in 
1998, C/Ps required to weigh catch at sea were required to weigh all 
catch. For vessels using trawl gear, this is appropriate because all 
species need to be accounted for as part of the catch accounting 
required for these vessels. Thus, the high capacity scales are 
frequently referred to as total catch weighing scales, or scales used 
to weigh total catch. However, longline C/Ps are now only required to 
weigh Pacific cod on a flow scale, and are not required to weigh the 
catch of other groundfish harvested incidental to Pacific cod. While 
the at-sea scales requirements for these longline C/Ps are nearly 
identical to the requirements for trawl vessels, the term ``total 
catch'' is inaccurate when applied to longline C/P scale requirements, 
and would be removed.
    Eighth, NMFS would revise regulations throughout Sec. Sec.  679.28 
and 679.100 to remove the term ``electronic'' and replace it with the 
term ``video'' when specifically referring to video monitoring 
regulations. The term ``electronic monitoring'' can refer to a wide 
range of electronic monitoring requirements such as those applicable to 
vessel monitoring systems, ELBs, at-sea scales, and video. NMFS 
believes that replacing the term ``electronic'' with ``video'' when 
referring to video monitoring is more accurate and less confusing to 
the regulated vessels.
    Lastly, NMFS would remove regulations at Sec.  679.100(d) that 
applied only during 2013 and that allowed the owner of a longline C/P 
to change selected monitoring options mid-year. This provision is no 
longer applicable and the correction would remove outdated regulatory 
text.

Classification

    Pursuant to section 305(d) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this proposed rule is 
consistent with the Fishery Management Plan for Groundfish of the Gulf 
of Alaska, the Fishery Management Plan for Groundfish of the Bering Sea 
and Aleutian Islands Management Area, other provisions of the Magnuson-
Stevens Act, and other applicable law, subject to further consideration 
after public comment.
    This proposed 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 that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for certification is presented below. As a result, an 
initial regulatory flexibility analysis is not required and none has 
been prepared.

Description and Estimate of the Number of Small Entities To Which the 
Rule Applies

    This action would directly regulate firms with C/Ps that are 
required to use scales to account for catch at sea under various 
management programs. These programs include: trawl C/Ps permitted to 
fish for pollock in the BSAI under the AFA; motherships permitted to 
receive pollock in the BSAI under the AFA;

[[Page 44379]]

trawl C/Ps permitted to fish for groundfish under Amendment 80 to the 
BSAI FMP or rockfish in the Central Gulf of Alaska (GOA); longline C/Ps 
with a license limitation program license endorsed for C/P operations, 
Pacific cod, hook-and-line gear, and BS or AI areas; and C/Ps that 
harvest catch in the BSAI under the MS-CDQ program. These vessels and 
programs are described in more detail in the Analysis prepared for this 
proposed action (see ADDRESSES).
    In each of these fleets, there are vessels authorized to 
participate in the fishery that do not do so. Depending on the fishery, 
this occurs because a company owns multiple vessels, but is able to 
harvest its entire quota without using all of the available boats; a 
company decides to use one of its vessels for those fisheries where 
weighing at sea is not required; or a vessel is not able to participate 
in the fishery because it is unusable or contractually prohibited from 
fishing. In the BSAI Pacific cod longline C/P fishery, vessels may 
choose to weigh all Pacific cod catch or provide additional observers 
in lieu of weighing all Pacific cod. Some vessels participating in this 
fishery have chosen to not install at-sea scales.
    For the purposes of this analysis, NMFS has identified two classes 
of vessels that it estimates will be directly regulated by this action, 
if approved: (1) Vessels with flow scales that were inspected by NMFS 
employees in 2012 and/or 2013, and (2) three vessels under construction 
that NMFS expects to enter the longline C/P fleet in 2014 or 2015 and 
to use flow scales. NMFS estimates that there would be 68 unique 
vessels directly regulated by this proposed action.
    The SBA has established size criteria for all major industry 
sectors in the United States, including fish harvesting and fish 
processing businesses. Effective July 14, 2014 (79 FR 33647), a 
business involved in finfish harvesting is a small business if it is 
independently owned and operated and not dominant in its field of 
operation (including its affiliates) and if it has combined annual 
gross receipts not in excess of $20.5 million for all its affiliated 
operations worldwide. A business involved in shellfish harvesting is a 
small business if it is independently owned and operated and not 
dominant in its field of operation (including its affiliates) and if it 
has combined annual gross receipts not in excess of $5.5 million for 
all its affiliated operations worldwide. A business that both harvests 
and processes fish (i.e., a catcher/processor) is a small business if 
it meets the criteria for the applicable fish harvesting operation 
(i.e., finfish or shellfish).
    NMFS has examined these vessels and their corporate and cooperative 
affiliations and has determined these vessels are predominately fishing 
for finfish and that their size for the purposes of the RFA is governed 
by the $20.5 million threshold. NMFS has also determined that all of 
these vessels have corporate and cooperative affiliations whose 
combined gross revenues exceed the $20.5 million threshold. All of 
these firms are affiliated through cooperative arrangements, whether 
through the AFA C/P Pollock Conservation Cooperative, one of the two 
cooperatives formed under the terms of Amendment 80 to the BSAI FMP, or 
the privately organized Freezer Longline Conservation Cooperative. 
Thus, none of the firms directly regulated by this action are small 
entities for the purpose of the RFA.

Estimate of Economic Impact on Small Entities, by Entity Size and 
Industry

    Since there are no directly regulated small entities under this 
action, within the definition of small entities used in the RFA, there 
are no economic impacts from this action on small entities.

Criteria Used To Evaluate Whether the Rule Would Impose Impacts on ``a 
Substantial Number'' of Small Entities

    This analysis uses the criteria described on page 28 in the NMFS 
guidelines for economic reviews of regulatory actions (see ADDRESSES):

    The term ``substantial number'' has no specific statutory 
definition and the criterion does not lend itself to objective 
standards applicable across all regulatory actions. Rather, 
``substantial number'' depends upon the context of the action, the 
problem to be addressed, and the structure of the regulated 
industry. The SBA casts ``substantial'' within the context of ``more 
than just a few'' or de minimis (``too few to care about'') 
criteria. In some cases, consideration of ``substantial number'' may 
go beyond merely counting the number of regulated small entities 
that are impacted significantly. For example, a fishery may have a 
large number of participants, but only a few of them may account for 
the majority of landings. In such cases, a substantial number of 
small entities may be adjudged to be significantly impacted, even 
though there may be a large number of insignificantly impacted small 
entities.
    Generally, a rule is determined to affect a substantial number 
of entities if it impacts more than just a few small entities. In a 
borderline case, the rule's effect on the structure of the regulated 
industry or the controversiality of the rule might tip the balance 
in favor of determining that a substantial number of entities would 
incur a significant adverse economic impact.
    Because this rule will not impact any small entities, this 
criterion is inapplicable here.

Criteria Used To Evaluate Whether the Rule Would Impose ``Significant 
Economic Impacts''

    The two criteria recommended for use in determining significant 
economic impacts are disproportionality and profitability. 
Disproportionality relates to the potential for the regulations to 
place a substantial number of small entities at a significant 
competitive disadvantage to large entities. Profitability relates to 
the potential for the rule to significantly reduce profits for a 
substantial number of small entities (Guidelines for NMFS Economic 
Review of Regulatory Actions: pp. 26-27; see ADDRESSES).

Description of, and an Explanation of the Basis for, Assumptions Used

    Vessel cooperative affiliations were determined by NMFS staff, 
knowledgeable about the vessels in this fleet, and the entities' 
corporate and cooperative affiliations.

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 (PRA). These requirements have 
been submitted to OMB for approval. The collections are listed below by 
OMB control number.

OMB Control No. 0648-0213

    Public reporting burden is estimated to average 31 minutes per 
active response and 5 minutes per inactive response for Mothership 
Daily Cumulative Production Logbook (DCPL); with this action the 
mothership DCPL is removed and is replaced by the mothership ELB. 30 
minutes per active response and 5 minutes inactive response for C/P 
trawl gear DCPL. 41 minutes per active response and 5 minutes per 
inactive response for C/P longline and pot gear DCPL.

OMB Control No. 0648-0330

    Public reporting burden is estimated to average 45 minutes for 
daily record of flow scale test; 1 minute for printed reports from the 
calibration log; 1 minute for printed reports from the fault log; 6 
minutes for request for inspection with a diagram, At-sea Scale; 2 
hours for request for inspection w/diagram, Observer Sampling Station; 
2 hours for request for inspection with a diagram, Flow Scale Video 
Monitoring System; 2 hours for request for inspection with a diagram, 
Freezer Longline Video

[[Page 44380]]

Monitoring System; 2 hours for request for inspection with a diagram, 
Chinook Salmon Bycatch Video Monitoring System; 2 hours for request for 
inspection with a diagram, Bin Video Monitoring System; and 30 minutes 
to notify NMFS of Pacific cod Monitoring Option.

OMB Control No. 0648-0515

    Public reporting burden is estimated to average 15 minutes per 
active response and 5 minutes per inactive response for C/P ELB (both 
trawl gear and longline or pot gear); and 15 minutes per active 
response and 5 minutes per inactive response for Mothership ELB.
    Estimated responses include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information.
    Public comment is sought regarding: 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; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and 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 at 
the ADDRESSES above, and 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, nor shall any person be subject to a 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. All currently approved NOAA 
collections of information may be viewed at: https://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: July 28, 2014.
Samuel D. Rauch III,
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:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
1. 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
2. In Sec.  679.5, add paragraph (f)(1)(ix) to read as follows:


Sec.  679.5  Recordkeeping and reporting (R&R).

* * * * *
    (f) * * *
    (1) * * *
    (ix) Catcher/processors and motherships required to weigh catch on 
NMFS-approved scales. Catcher/processors and motherships required to 
weigh catch on a NMFS approved scale must use a NMFS-approved ELB. The 
vessel operator must ensure that each scale is tested as specified in 
Sec.  679.28(b)(3) and that the following information from all scale 
tests, including failed tests, is reported within 24 hours of the 
testing using the ELB:
    (A) The weight of test material from the observer platform scale;
    (B) The total weight of the test material as recorded by the scale 
being tested;
    (C) Percent error as determined by subtracting the known weight of 
the test material from the weight recorded on the scale being tested, 
dividing that amount by the known weight of the test material, and 
multiplying by 100.
    (D) The time, to the nearest minute A.l.t. when testing began.
* * * * *
0
3. In Sec.  679.28,
0
a. Remove paragraph (b)(3)(iii)(C);
0
b. Revise paragraphs (a), (b)(3) introductory text, (b)(3)(i)(B), 
(b)(3)(ii)(B)(2), (b)(3)(iii)(B)(7), (b)(6), (d)(1), (d)(9)(i), (e), 
(i)(1)(ii) and (iii), (i)(3), (j), and (k); and
0
c. Add paragraphs (b)(5)(iii), (b)(5)(iv), (b)(5)(v) and (b)(8) to read 
as follows:


Sec.  679.28  Equipment and operational requirements.

    (a) Applicability. This section contains the operational 
requirements for scales, observer sampling stations, vessel monitoring 
system hardware, catch monitoring and control plans, catcher vessel 
electronic logbook software, and video monitoring systems. The operator 
or manager must retain a copy of all records described in this section 
(Sec.  679.28) as indicated at Sec.  679.5(a)(5) and (6) and make 
available the records upon request of NMFS observers and authorized 
officers as indicated at Sec.  679.5(a)(5).
    (b) * * *
    (3) At-sea scale tests. To verify that the scale meets the MPEs 
specified in this paragraph (b)(3), the vessel operator must test each 
scale or scale system used by the vessel to weigh catch at least one 
time during each calendar day. No more than 24 hours may elapse between 
tests when use of the scale is required. The vessel owner must ensure 
that these tests are performed in an accurate and timely manner.
    (i) * * *
    (B) Test procedure. The vessel operator must conduct a material 
test by weighing no less than 400 kg of test material, supplied by the 
scale manufacturer or approved by a NMFS-authorized scale inspector, on 
the scale under test. The test material may be run across the scale 
multiple times in order to total 400 kg; however, no single batch of 
test material may weigh less than 40 kg. The known weight of the test 
material must be determined at the time of each scale test by weighing 
it on a platform scale approved for use under paragraph (b)(7) of this 
section.
    (ii) * * *
    (B) * * *
    (2) Scales used to weigh catch. Test weights equal to the largest 
amount of fish that will be weighed on the scale in one weighment.
    (iii) * * *
    (B) * * *
    (7) Signature of vessel operator.
* * * * *
    (5) * * *
    (iii) Printed reports from the calibration log. The vessel operator 
must print the calibration log on request by NMFS employees or any 
individual authorized by NMFS authorized personnel, and the calibration 
log must be printed and retained by the vessel owner and operator 
before any information stored in the scale computer memory is replaced. 
The calibration log must detail either the prior 1,000 calibrations or 
all calibrations since the scale electronics were first put into 
service, whichever is less. The printout from the calibration log must 
show:
    (A) The vessel name and Federal fisheries or processor permit 
number;
    (B) The month, day, and year of the calibration;
    (C) The time of the calibration to the nearest minute in A.l.t.;
    (D) The weight used to calibrate the scale;
    (E) The magnitude of the calibration in comparison to the prior 
calibration.
    (iv) Printed reports from the fault log. The vessel operator must 
print the fault log on request by NMFS employees or

[[Page 44381]]

any individual authorized by NMFS, and the fault log must be printed 
and retained by the vessel owner and operator before any information 
stored in the scale computer memory is replaced. The fault log must 
detail either the prior 1,000 faults and startups, or all faults and 
startups since the scale electronics were first put into service, 
whichever is less. A fault, for the purposes of the fault log, is any 
condition other than underflow detected by the scale electronics that 
could affect the metrological accuracy of the scale. The printout from 
the fault log must show:
    (A) The vessel name and Federal fisheries or processor permit 
number;
    (B) The month, day, year, and time of each startup to the nearest 
minute in A.l.t.;
    (C) The month, day, year, and time that each fault began to the 
nearest minute in A.l.t.;
    (D) The month, day, year, and time that each fault was resolved to 
the nearest minute in A.l.t.
    (v) Calibration and log requirements for 2015 only. The owner and 
operator of a vessel with a scale used by the vessel crew to weigh 
catch that was approved after March 1, 2014, and before December 31, 
2014, under Sec.  679.28(b)(2) are not required to comply with the 
calibration log requirements at Sec.  679.28(b)(5)(iii) or the fault 
log requirements at Sec.  679.28(b)(5)(iv) until that scale is 
reapproved by a NMFS-authorized scale inspector in 2015.
    (6) Scale installation requirements. The scale display must be 
readable from the location where the observer collects unsorted catch, 
unless otherwise authorized by a NMFS-authorized scale inspector.
* * * * *
    (8) Video monitoring for scales used by the vessel crew to weigh 
catch. The owner and operator of a vessel fishing for groundfish and 
required to weigh catch under the regulations in this section must 
provide and maintain a NMFS-approved video monitoring system as 
specified in paragraph (e) of this section. Additionally, the system 
must:
    (i) Provide sufficient resolution and field of view to monitor: all 
areas where catch enters the scale, moves across the scale and leaves 
the scale; any access point to the scale that may be adjusted or 
modified by vessel crew while the vessel is at sea; and the scale 
display and the indicator for the scale operating in a fault state.
    (ii) Record and retain video for all periods when catch that must 
be weighed is on board the vessel.
* * * * *
    (d) * * *
    (1) Accessibility. All the equipment required for an observer 
sampling station must be available to the observer at all times while a 
sampling station is required and the observer is aboard the vessel, 
except that the observer sampling scale may be used by vessel personnel 
to conduct material tests of the scale used to weigh catch under 
paragraph (b)(3) of this section, as long as the use of the observer's 
sampling scale by others does not interfere with the observer's 
sampling duties.
* * * * *
    (9) * * *
    (i) How does a vessel owner arrange for an observer sampling 
station inspection? The vessel owner must submit an Inspection Request 
for Observer Sampling Station with all the information fields 
accurately filled in to NMFS by fax (206-526-4066) or emailing 
(station.inspections@noaa.gov) at least 10 working days in advance of 
the requested date of inspection. The request form is available on the 
NMFS Alaska Region Web site at https://alaskafisheries.noaa.gov.
* * * * *
    (e) Video Monitoring System Requirements-(1) What requirements must 
a vessel owner or operator comply with for a video monitoring system? 
(i) The system must have sufficient data storage capacity to store 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.).
    (ii) The system must include at least one external USB (1.1 or 2.0) 
port or other removable storage device approved by NMFS.
    (iii) The system must output video files to an open source format 
or the vessel owner must provide software capable of converting the 
output video file to an open source format or commercial software must 
be available for converting the output video file to an open source 
format.
    (iv) Color cameras must have at a minimum 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.
    (v) The vessel operator must maintain the video data and make it 
available on request by NMFS employees, or any individual authorized by 
NMFS. The data must be retained on board the vessel for no less than 
120 days after the date the video is recorded, unless NMFS has notified 
the vessel operator that the video data may be retained for less than 
this 120-day period.
    (vi) The system must record at a speed of no less than 5 unique 
frames per second at all times when the use of a video monitoring 
system is required.
    (vii) NMFS employees, or any individual authorized by NMFS, must be 
able to view any video 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.
    (viii) Unless exempted under paragraph (D) below, a 16-bit or 
better color monitor must be provided within the observer sampling 
station or at the location where the observer sorts and weighs samples. 
The monitor:
    (A) Must have the capacity to display all cameras simultaneously;
    (B) Must be operating when the use of a video monitoring system is 
required;
    (C) Must be securely mounted at or near eye level;
    (D) Is not applicable to longline C/Ps subject to Sec.  
679.100(b)(2).
    (2) How does a vessel owner or operator arrange for NMFS to conduct 
a video monitoring system inspection? The vessel owner or operator must 
submit an Inspection Request for a Video Monitoring System to NMFS with 
all information fields accurately filled in at least 10 working days in 
advance of the requested date of inspection. The request form is 
available on the NMFS Alaska Region Web site (https://alaskafisheries.noaa.gov).
    (3) What additional information is required for a video 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 a Video Monitoring System form. Diagrams for C/Ps and 
motherships in the BSAI pollock fishery, including pollock CDQ, must 
include the location of the salmon storage container.
    (ii) Any additional information requested by the Regional 
Administrator.
    (4) Where will NMFS conduct video monitoring and bin monitoring 
system inspections? Inspections will be conducted on vessels tied to 
docks at Dutch Harbor, Alaska; Kodiak, Alaska; and in the Puget Sound 
area of Washington State.
    (5) A video monitoring system is approved for use when NMFS 
employees, or any individual authorized

[[Page 44382]]

by NMFS, completes and signs a Video Monitoring Inspection Report 
verifying that the video system meets all applicable requirements of 
this section.
    (6) A vessel owner or operator must maintain a current NMFS-issued 
Video Monitoring System Inspection Report on board the vessel at all 
times the vessel is required to provide an approved video monitoring 
system. The video monitoring system inspection report must be made 
available to the observer, NMFS personnel, or to an authorized officer 
upon request.
    (7) How does a vessel owner make a change to the video monitoring 
system? Any change to the video monitoring system that would affect the 
system's functionality must be submitted by a vessel owner to, and 
approved by, the Regional Administrator in writing before that change 
is made.
* * * * *
    (i) * * *
    (1) * * *
    (ii) Option 2--Line of sight option. From the observer sampling 
station, the location where the observer sorts and weighs samples, and 
the location from which the observer collects unsorted catch, an 
observer of average height (between 64 and 74 inches (140 and 160 cm)) 
must be able to see all areas of the bin or tank where crew could be 
located preceding the point where the observer samples catch. The 
observer must be able to view the activities of crew in the bin from 
these locations.
    (iii) Option 3--Video Monitoring system option. A vessel owner and 
operator must provide and maintain a NMFS-approved video monitoring 
system as specified in paragraph (e) of this section. Additionally, the 
vessel owner and operator must ensure that:
    (A) All periods when fish are inside the bin are recorded and 
stored;
    (B) The system provides sufficient resolution and field of view to 
see and read a text sample written in 130 point type (corresponding to 
line two of a standard Snellen eye chart) from any location within the 
tank where crew could be located.
* * * * *
    (3) How does a vessel owner arrange for a bin monitoring option 
inspection? The owner must submit an Inspection Request for Bin 
Monitoring to NMFS with all the information fields filled in at least 
10 working days in advance of the requested date of inspection. The 
request form is available on the NMFS Alaska Region Web site (https://alaskafisheries.noaa.gov).
* * * * *
    (j) Video monitoring on catcher/processors and motherships in the 
BS pollock fishery, including pollock CDQ. The owner and operator of a 
C/P or a mothership must provide and maintain a video monitoring system 
approved under paragraph (e) of this section. These video monitoring 
system requirements must be met when the C/P is directed fishing for 
pollock in the BS, including pollock CDQ, and when the mothership is 
taking deliveries from catcher vessels directed fishing for pollock in 
the BS, including pollock CDQ. Additionally, the system must--
    (1) Record and retain video for all periods when fish are flowing 
past the sorting area or salmon are in the storage container.
    (2) The system must provide sufficient resolution and field of view 
to observe all areas where salmon are sorted from the catch, all crew 
actions in these areas, and discern individual fish in the salmon 
storage container.
    (k) Video 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 video monitoring system 
approved under paragraph (e) of this section. These video monitoring 
system requirements must be met 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. 
Additionally, the system must:
    (1) Record and retain video for all periods when Pacific cod are 
being sorted and weighed.
    (2) 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.
0
4. In Sec.  679.100,
0
a. Remove paragraph (d); and
0
b. Revise paragraph (b) introductory text and paragraph (b)(2)(i)(D) to 
read as follows:


Sec.  679.100  Applicability.

* * * * *
    (b) Monitoring option selection. The owner of a vessel subject to 
this subpart that does not opt out under paragraph (a) of this section 
must submit a completed notification form for one of two monitoring 
options to NMFS. The notification form is available on the NMFS Alaska 
Region Web site (https://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. If NMFS does not receive a 
notification to opt out or a notification for one of the two monitoring 
options, NMFS will assign that vessel to the increased observer 
coverage option under paragraph (b)(1) of this section until the 
notification form has been received by NMFS.
* * * * *
    (2) * * *
    (i) * * *
    (D) The vessel is in compliance with the video monitoring 
requirements described at Sec.  679.28(k).
* * * * *
[FR Doc. 2014-18029 Filed 7-30-14; 8:45 am]
BILLING CODE 3510-22-P