Fisheries of the Exclusive Economic Zone Off Alaska; Observer Coverage Requirements for Bering Sea and Aleutian Islands Management Area Trawl Catcher Vessels, 44251-44257 [2016-15912]
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Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Proposed Rules
applies, and not counted towards the
U.S. bigeye tuna limit established by
NMFS under a separate authority in 50
CFR part 300, subpart O.
In accordance with Federal
regulations at 50 CFR part 300, subpart
O, vessels that possess both an
American Samoa and Hawaii longline
permit are not subject to the U.S bigeye
tuna limit. Therefore, these vessels may
retain bigeye tuna and land fish in
Hawaii after the date that NMFS
projects the fishery would reach that
limit. Further, catches of bigeye tuna
made by such vessels are attributed to
American Samoa, provided the fish was
not caught in the U.S. EEZ around
Hawaii. In 2015, all dual American
Samoa/Hawaii longline permitted
vessels were included in the fishing
agreement with CNMI. Therefore, NMFS
attributed bigeye catches by those
vessels to the CNMI.
The 2016 U.S. bigeye tuna catch limit
established in 50 CFR 300, Subpart O is
3,554 mt, which is about 1.5% higher
than the 2015 limit. In 2015, the U.S.
longline fishery was subject to a catch
limit of 3,502 mt (WCPFC limit of 3,554
mt less the 2014 catch overage of 52 mt).
NMFS closed the fishery on August 5,
2015, because the fishery reached the
limit (80 FR 46515, July 28, 2015).
However, effective October 9, 2015,
NMFS specified the 2015 catch and
allocation limits for the CNMI and all
vessels in the Hawaii longline fleet
immediately entered into a specified
fishing agreement with the CNMI.
NMFS forecasted vessels listed in the
CNMI specified fishing agreement
would reach the 1,000-mt allocation
limit on November 30, 2015 and issued
a notice that it would restrict retention
of bigeye tuna by vessels identified in
that agreement on that date (80 FR
74002, November 27, 2015). Effective
November 25, 2015, NMFS specified the
2015 catch and allocation limit for
Guam and all Hawaii longline vessels
immediately entered into a second
specified fishing agreement with Guam
on that date. Preliminary data from
PIFSC indicate that Hawaii longline
vessels caught the entire 1,000-mt
bigeye tuna allocation provided by the
CNMI specified fishing agreement, but
did not reach the 1,000 mt allocation
limit provided by the Guam specified
fishing agreement before the 2015
fishing year ended on December 31,
2015 (NMFS PIFSC unpublished data;
Preliminary 2015 U.S. Part 1 annual
report to the WCPFC).
Through this action, Hawaii-based
longline vessels could again potentially
enter into one or more fishing
agreements with participating
territories. This would enhance the
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ability of these vessels to extend fishing
effort in the Western and Central Pacific
Ocean and provide more bigeye tuna for
markets in Hawaii. Providing
opportunity to land bigeye tuna in
Hawaii in the last quarter of the year
when market demand is high will result
in positive economic benefits for fishery
participants and net benefits to the
nation. Allowing participating
territories to enter into specified fishing
agreements under this action, provides
benefits to the territories by providing
funds for territorial fisheries
development projects. In terms of the
impacts of reducing the limits of bigeye
tuna catch by longline vessels based in
the territories from an unlimited amount
to 2,000 mt, this is not likely to
adversely affect vessels based in the
territories.
Historical catch of bigeye tuna by the
American Samoa longline fleet has been
less than 2,000 mt, even including the
catch of vessels based in American
Samoa, catch by dual permitted vessels
that land their catch in Hawaii, and
catch attributed to American Samoa
from U.S. vessels under specified
fishing agreements (which occurred in
2011 and 2012). With regard to Guam
and CNMI, no longline fishing has
occurred since 2011.
Under the proposed action, longline
fisheries managed under the Pelagic FEP
are not expected to expand substantially
nor change the manner in which they
are currently conducted, (i.e., area
fished, number of vessels longline
fishing, number of trips taken per year,
number of hooks set per vessel during
a trip, depth of hooks, or deployment
techniques in setting longline gear), due
to existing operational constraints in the
fleet, the limited entry permit programs,
and protected species mitigation
requirements. The proposed rule does
not duplicate, overlap, or conflict with
other Federal rules and is not expected
to have significant impact on small
organizations or government
jurisdictions. Furthermore, there would
be little, if any, disproportionate adverse
economic impacts from the proposed
rule based on gear type, or relative
vessel size. The proposed rule also will
not place a substantial number of small
entities, or any segment of small
entities, at a significant competitive
disadvantage to large entities.
For the reasons above, NMFS does not
expect the proposed action to have a
significant economic impact on a
substantial number of small entities. As
such, an initial regulatory flexibility
analysis is not required and none has
been prepared.
This action is exempt from review
under the procedures of E.O. 12866
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44251
because this action contains no
implementing regulations.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 30, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016–16013 Filed 7–6–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No.: 160225146–6146–01]
RIN 0648–BF80
Fisheries of the Exclusive Economic
Zone Off Alaska; Observer Coverage
Requirements for Bering Sea and
Aleutian Islands Management Area
Trawl Catcher Vessels
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS is proposing
regulations to modify observer coverage
requirements for catcher vessels
participating in the trawl limited access
fisheries in the Bering Sea and Aleutian
Islands management area (BSAI). If
approved, this proposed rule would
allow the owner of a trawl catcher
vessel to request, on an annual basis,
that NMFS place the vessel in the full
observer coverage category for all
directed fishing for groundfish using
trawl gear in the BSAI in the following
calendar year. This action is necessary
to relieve vessel owners who request
full observer coverage of the reporting
requirements and observer fee liability
associated with the partial observer
coverage category. In addition, this
proposed rule makes minor technical
corrections to observer program
regulations. This proposed rule is
intended to promote the goals and
objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), the
Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(BSAI FMP), and other applicable laws.
DATES: Submit comments on or before
August 8, 2016.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
SUMMARY:
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Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Proposed Rules
NMFS–2016–0020, 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-20160020, 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).
Electronic copies of the Regulatory
Impact Review/Initial Regulatory
Flexibility Analysis (Analysis) and the
Categorical Exclusion prepared for this
action are available from https://
www.regulations.gov or from the NMFS
Alaska Region Web site at https://
alaskafisheries.noaa.gov.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this rule may
be submitted to NMFS at the above
address; by email to OIRA_Submission@
omb.eop.gov; or by fax to 202–395–
5806.
FOR FURTHER INFORMATION CONTACT:
Alicia M Miller, 907–586–7228.
SUPPLEMENTARY INFORMATION:
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Authority for Action
NMFS manages the groundfish
fisheries of the BSAI under the BSAI
FMP. The North Pacific Fishery
Management Council (Council)
prepared the BSAI FMP pursuant to the
Magnuson-Stevens Act (16 U.S.C. 1801,
et seq.). Regulations implementing the
BSAI FMP appear at 50 CFR part 679.
This proposed rule is consistent with
Section 3.2.4.1 of the BSAI FMP.
Section 3.2.4.1 requires observer
coverage for trawl catcher vessels in the
BSAI groundfish fisheries and describes
which vessels and processors are in the
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full observer coverage category and
which are in the partial observer
coverage category. Section 3.2.4.1 also
authorizes that exceptions to these
classifications may be implemented
through regulations. The Council
recommended and NMFS concurs that
this proposed rule would authorize an
exception to allow the owner of a trawl
catcher vessel in the partial observer
coverage category to request placement
in the full observer coverage category,
and that this exception could be
implemented through a regulatory
amendment without the need to amend
the BSAI FMP.
Background
If approved, this proposed rule would
amend North Pacific Groundfish and
Halibut Observer Program (Observer
Program) regulations to allow the owner
of a trawl catcher vessel to request, on
an annual basis, that NMFS place the
vessel in the full observer coverage
category for all directed fishing for
groundfish using trawl gear in the BSAI
in the following calendar year. This
proposed rule would relieve trawl
catcher vessel owners who request full
observer coverage of the observer fee
liability and reporting requirements
associated with the partial observer
coverage category. This proposed rule
would establish a regulatory process to
allow a trawl catcher vessel owner, on
an annual basis, to request that NMFS
place the vessel in the full observer
coverage category for all directed fishing
for groundfish using trawl gear in the
BSAI in the following calendar year.
This proposed rule is intended to
provide flexibility to the owner of a
trawl catcher vessel by allowing a vessel
owner to request, on an annual basis,
placement in the full observer coverage
category; doing so would provide
additional observer data.
Implementation of this proposed rule
would benefit the owners and operators
of trawl catcher vessels that participate
in the BSAI limited access fisheries
while continuing to allow NMFS to
collect the data necessary to conserve
and manage the BSAI groundfish
fisheries.
The following sections describe (1)
the Observer Program, (2) the need for
the proposed action, and (3) this
proposed rule.
The Observer Program
Regulations implementing the
Observer Program require observer
coverage on fishing vessels and at
processing plants to allow NMFScertified observers (observers) to obtain
information necessary for the
conservation and management of the
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BSAI and Gulf of Alaska groundfish and
halibut fisheries. Observers collect
biological samples and fisherydependent information on total catch
and fishing vessel interactions with
protected species. Managers use data
collected by observers to monitor
quotas, manage groundfish catch and
bycatch, and document and reduce
fishery interactions with protected
resources. Scientists use observercollected data for stock assessments and
marine ecosystem research.
The Observer Program was
implemented in 1990 (55 FR 4839,
February 12, 1990). In 2013, NMFS
restructured the funding and
deployment systems of the Observer
Program (77 FR 70062, November 21,
2012). Under the restructured Observer
Program, all vessels and processors in
the groundfish and halibut fisheries off
Alaska are placed into one of two
categories: (1) The full observer
coverage category, where vessels and
processors obtain observer coverage by
contracting directly with observer
providers; and (2) the partial observer
coverage category, where NMFS has the
flexibility to deploy observers when and
where they are needed, as described in
the annual deployment plan that is
developed by NMFS in consultation
with the Council. As explained below,
the deployment of observers in the
partial observer coverage category is
funded through a fee.
NMFS funds observer deployment in
the partial observer coverage category by
assessing a 1.25 percent fee on the exvessel value of retained groundfish and
halibut from vessels that are not in the
full observer coverage category. This
observer fee is based on the total exvessel value of landed catch and
calculated using a standardized price
from the prior year’s landings. NMFS
intends that the fee be split equally
between the processor receiving landed
catch and the vessel harvesting the
catch. The processor collects the vessel
owner’s portion of the observer fee and
submits full payment to NMFS after the
end of the year. More information about
the observer fee for the partial observer
coverage category is provided in the
most recent annual notice of the
standard ex-vessel prices for the
observer fee (80 FR 77606; December 15,
2015), and in the final rule
implementing the restructured observer
program (77 FR 70062, November 21,
2012).
When the Observer Program was
restructured, the Council and NMFS
decided, based on data needs and costs,
which vessels and processors to place in
the full and partial observer coverage
categories. Regulations implementing
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the restructured observer program in
2013 placed all trawl catcher vessels in
the full observer coverage category
when participating in a catch share
program with transferable prohibited
species catch (PSC) limits (77 FR 70062,
November 21, 2012). For trawl catcher
vessels in the BSAI, the catch share
programs with transferable PSC limits
are the American Fisheries Act (AFA)
pollock fisheries in the Bering Sea and
the Western Alaska Community
Development Quota (CDQ) groundfish
fisheries. All other trawl catcher vessels
subject to observer coverage
requirements in the BSAI are in the
partial observer coverage category and
participate in the BSAI trawl limited
access fisheries.
Throughout this proposed rule, the
trawl fisheries in the BSAI that are not
part of a catch share program mentioned
in the previous paragraph are referred to
collectively as ‘‘the BSAI trawl limited
access fisheries’’. Vessels participating
in the BSAI trawl limited access
fisheries primarily target Pacific cod or
yellowfin sole. NMFS does not allocate
transferable PSC limits to trawl catcher
vessels in the BSAI trawl limited access
fisheries; therefore, trawl catcher vessels
are placed in the partial observer
coverage category when participating in
these fisheries. The BSAI trawl limited
access fisheries are managed with
halibut and crab PSC limits that apply
to the directed fishery as a whole or to
operational category and gear type.
Section 3.5 in the Analysis provides
additional information about the BSAI
trawl limited access fisheries, the
Observer Program, and observer
coverage categories.
Need for the Proposed Action
The Council initiated this proposed
action in response to comments on the
proposed rule to restructure the
Observer Program (77 FR 23326, April
18, 2012), and testimony to the Council.
As detailed in the final rule for the
restructured program, (77 FR 70062,
November 21, 2012), some participants
in the BSAI trawl limited access
fisheries commented that their catcher
vessels needed full (100 percent)
observer coverage while directed fishing
for Pacific cod. Full observer coverage,
according to the participants, was
necessary to comply with private
contractual arrangements contained in
their voluntary AFA agreements to
manage halibut PSC at the vessel and
cooperative level. Specifically, trawl
catcher vessel owners expressed
concern that if their vessels were placed
in the partial observer coverage category
and not randomly selected for observer
coverage, a vessel owner would have to
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use halibut PSC rates extrapolated from
other observed vessels for its halibut
PSC accounting within the cooperative.
Some vessel owners wanted the option
to carry an observer on all fishing trips
(i.e., full observer coverage) so that
observer data from the vessel could be
used to provide vessel-specific halibut
PSC accounting.
Participants in the BSAI trawl limited
access fisheries also testified that
allowing trawl catcher vessels to
continue to carry an observer on all
trips, as they had prior to Observer
Program restructuring in 2013, would
allow them to shift seamlessly between
the AFA pollock trawl fishery where
full observer coverage is required and
other fisheries such as the BSAI Pacific
cod limited access trawl fishery where
only partial observer coverage is
required. Participants in the BSAI trawl
limited access fisheries testified that
under the full observer coverage
category requirements, a trawl catcher
vessel owner could contract with the
same observer provider in both the AFA
pollock trawl and other BSAI trawl
limited access fisheries. This
operational efficiency would allow
vessel owners and operators to
coordinate with a single observer
provider when moving between the
AFA pollock fishery and the BSAI trawl
limited access fisheries.
In a response to these comments on
the restructured program, NMFS stated
that neither the Council’s motion nor
the proposed rule for restructuring the
Observer Program addressed an
allowance for voluntary participation in
the full observer coverage category (77
FR 70062, November 21, 2012).
Therefore, this type of change could not
be made in the final rule for the
Observer Program restructuring. NMFS
described that further analysis and a
subsequent rulemaking would be
needed to revise regulations to authorize
vessel owners to request placement in
the full observer coverage category and
to relieve these vessel owners and
associated processors from the observer
fee liability for landings by trawl catcher
vessels in the partial observer coverage
category. NMFS highlighted the need to
analyze the placement of vessels in a
particular coverage category not only in
terms of the economic impacts on a
vessel owner, but also in terms of
impacts on the fee base for the partial
observer coverage category.
Since 2013, and with the concurrence
of the Council, NMFS has allowed the
owner of a BSAI trawl catcher vessels to
request, on an annual basis, full
observer coverage by submitting a letter
of request to NMFS. Under this interim
policy, a vessel owner could request, by
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December 1, to have a trawl catcher
vessel comply with full observer
coverage requirements in the following
calendar year. Vessel owners then
contract with a full coverage observer
provider for all directed fishing for
groundfish using trawl gear in the BSAI
in the following year.
By regulation, catcher vessels
participating in the BSAI trawl limited
access fisheries are in the partial
observer coverage category, and those
landings are subject to the partial
observer coverage fee liability as well as
the requirement to log fishing trips in
the Observer Declare and Deploy
System (ODDS). ODDS is the internetbased communication platform that
NMFS uses to receive information about
fishing plans by vessels in the partial
observer coverage category and to notify
vessel owners if a fishing trip has been
randomly selected for observer
coverage. The owner and operator of a
catcher vessel placed in the full
observer coverage category are not
required to log fishing trips in ODDS.
Under the interim policy, the owner
of a trawl catcher vessel complies with
full observer coverage requirements, but
is not placed in the full observer
coverage category by regulation and
therefore, is required to comply with the
partial observer coverage category
reporting requirements and associated
observer fee liability. This results in
duplicative observer coverage costs and
additional reporting requirements for
those vessel owners that requested full
observer coverage under the interim
policy.
In February 2016, the Council
unanimously recommended that NMFS
revise regulations to allow the owner of
a BSAI trawl catcher vessel in the
partial observer coverage category to
request, on an annual basis, that NMFS
place the catcher vessel in the full
observer coverage category for all
directed fishing for groundfish using
trawl gear in the BSAI for the following
year. Any trawl catcher vessel that
NMFS did not place in the full observer
coverage category would remain in the
partial observer coverage category under
existing regulations at §§ 679.50 and
679.51. Once NMFS notifies a catcher
vessel owner that the catcher vessel has
been placed in the full observer
coverage category, the catcher vessel
operator would then be subject to full
observer coverage requirements
described at § 679.51(a)(2) for all
directed fishing for groundfish using
trawl gear in the BSAI in the following
year.
The rationale for the two major
provisions of the proposed rule follows
below. Alternatives, options, and
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suboptions considered but not selected
by the Council are explained in more
detail in the ‘‘Classification’’ section of
this preamble.
1. Annual Request for Full Observer
Coverage
This proposed rule would allow the
owner of a trawl catcher vessel to
annually request full observer coverage
in lieu of partial observer coverage for
directed fishing for groundfish using
trawl gear in the BSAI in the following
year. This closely aligns with the
interim policy, in place since 2013,
under which NMFS allows the owner of
a BSAI trawl catcher vessel to annually
request full observer coverage for all
directed fishing for groundfish using
trawl gear in the BSAI in the following
year. This proposed rule would
establish a regulatory process to allow
the owner of a trawl catcher vessel to
submit a request for full observer
coverage to NMFS by October 15 of the
year prior to the year in which the
catcher vessel would be placed in the
full observer coverage category. NMFS
would then place the vessel in the full
observer coverage category for all
directed fishing for groundfish using
trawl gear in the following year. This
annual request is consistent with the
Council’s and NMFS’ previous decision
to require full observer coverage on
catcher vessels only in fisheries with
transferable PSC limits. The owner of a
trawl catcher vessel could request the
appropriate observer coverage category
that would meet their private
contractual agreements.
This proposed rule would not restrict
which trawl catcher vessel owners
could request full observer coverage,
allowing the owner of any trawl catcher
vessel to request full observer coverage
for all directed fishing for groundfish
using trawl gear in the BSAI in the
following year. The Council considered
restricting the option to AFA trawl
catcher vessels because those are the
vessels that have, thus far, requested full
observer coverage under the interim
policy. However, the Analysis did not
identify any reason to restrict which
BSAI trawl catcher vessel owners may
request to increase their observer
coverage requirements (see Section 3.7.3
and Section 3.7.4 of the Analysis for
additional detail).
Section 3.7 of the Analysis describes
the potential impact of the proposed
rule on the costs of observer coverage,
fee receipts, and observer deployment
rates in the partial observer coverage
category if NMFS approves trawl
catcher vessel owners’ requests and
places the vessels in the full observer
coverage category. Section 3.7 of the
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Analysis describes that this proposed
rule could result in some cost savings
and reduced administrative burden for
trawl catcher vessel owners and
operators, some slightly reduced fee
receipts for the partial observer coverage
category, and some potential for a
limited decrease in observer
deployment rates in the partial observer
coverage category relative to current
management. Observer deployment for
vessels and processors in the partial
observer coverage category will
continue to be analyzed and evaluated
in the Observer Program annual
deployment plan and the Observer
Program Annual Report.
This proposed rule would not alter
existing observer coverage requirements
for trawl catcher vessels delivering
unsorted codends to a mothership in the
BSAI. A trawl catcher vessel delivering
unsorted codends to a mothership is not
required to carry an observer because
the catch is not brought onboard the
catcher vessel, but is sorted aboard the
mothership with full observer coverage.
2. Annual Deadline
This proposed rule would establish an
annual deadline of October 15 for a
trawl catcher vessel owner to request
placement in the full observer coverage
category for the following year. This
deadline is earlier than the current
deadline of December 1 under the
interim policy. The October 15 deadline
is necessary to balance the need to
improve information available to
analysts during the final preparations of
the partial observer coverage annual
deployment plan with the need to allow
vessel owners the time to make business
decisions for the following year. The
October 15 deadline also provides full
coverage observer providers adequate
time to coordinate observer availability
for the following year. Sections 3.6 and
3.7.1.2 of the Analysis provide
additional detail on the rationale for the
October 15 deadline and describe
alternative deadlines that were
considered but not proposed.
This Proposed Rule
This proposed rule would revise
regulations at 50 CFR part 679 to
establish a process to allow the owner
of a trawl catcher vessel to request, on
an annual basis, that NMFS place the
vessel in the full observer coverage
category for all directed fishing for
groundfish using trawl gear in the BSAI
in the following calendar year. This
proposed rule would add a paragraph at
§ 679.51(a)(2)(i)(C)(4) describing a new
vessel type under the list of catcher
vessels in the full observer coverage
category to allow this annual request for
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placement in the full observer coverage
category for one year. This proposed
rule adds a new paragraph at
§ 679.51(a)(4) to describe the
requirements for this annual process.
The owner of a trawl catcher vessel
that requests full observer coverage in
lieu of partial observer coverage for all
directed fishing for groundfish in the
BSAI trawl limited access fisheries in
the following year would submit a
request to NMFS using ODDS, which is
described at § 679.51(a)(1)(ii). Once a
request is received, NMFS would
consider the request and would notify
the vessel owner whether the request
has been approved or denied. This
notification would occur through ODDS.
Once NMFS has notified the vessel
owner that a request to be placed in the
full observer coverage category for the
following year has been approved, the
owner and operator of the trawl catcher
vessel would be subject to full observer
coverage requirements as described at
§ 679.51(a)(2) for all directed fishing for
groundfish using trawl gear in the BSAI
in the following year. Once approved by
NMFS for placement in the full observer
coverage category, a trawl catcher vessel
could not be placed in the partial
observer coverage category until the
next year. Until NMFS provides
notification of approval, a catcher vessel
would remain in the partial observer
coverage category as described at
§ 679.51(a)(1)(i).
The owner of a trawl catcher vessel
placed in the full observer coverage
category would contract directly with a
permitted full coverage observer
provider to procure observer services as
described at § 679.51(d). The owner of a
trawl catcher vessel in the full observer
coverage category would not be required
to log fishing trips in ODDS under
§ 679.51(a)(1), and landings made by a
vessel in the full observer coverage
category would not be subject to the
1.25 percent partial observer coverage
fee under § 679.55.
This proposed rule would establish an
annual deadline of October 15 for a
trawl catcher vessel owner to request
that a trawl catcher vessel operating in
the BSAI be placed in the full observer
coverage category for the following year
as described in proposed regulations at
§ 679.51(a)(4)(iii). A vessel owner would
be required to submit a request for full
observer coverage by the October 15
annual deadline. NMFS would approve
all requests that contained the
information required by ODDS and were
submitted on or before October 15. If
NMFS disapproves a request to place a
catcher vessel in the full observer
coverage category, the catcher vessel
would remain in the partial observer
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coverage category as described at
§ 679.51(a)(1)(i).
The proposed rule specifies at
proposed § 679.51(a)(4)(v) that if NMFS
denies a request for placement in the
full observer coverage category, NMFS
would issue an Initial Administrative
Determination, which would explain in
writing the reasons for the denial. Under
proposed § 679.51(a)(3)(vi), the vessel
owner could appeal a denial to the
National Appeals Office according to
the procedures in 15 CFR part 906.
This proposed rule would make
minor technical corrections to Observer
Program regulations. This proposed rule
would correct inaccurate cross
references in §§ 679.84 and 679.93 to
observer coverage requirements in
§ 679.51. This proposed rule would also
standardize references to the observer
sampling station and the Observer
Sampling Manual throughout part 679,
and update check-in/check-out report
submission methods by removing a
discontinued email address in § 679.5.
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Classification
Pursuant to section 304(b)(1)(A) and
305(d) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has
determined that this proposed rule is
consistent with the BSAI FMP, 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.
Initial Regulatory Flexibility Analysis
An initial regulatory flexibility
analysis (IRFA) was prepared, as
required by section 603 of the
Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact
this proposed rule, if adopted, would
have on small entities. A further
description of the action, why it is being
considered, and the legal basis for this
action are explained earlier in the
preamble to this proposed rule. A copy
of the IRFA is available from NMFS (see
ADDRESSES). A summary of the analysis
follows.
This proposed rule would directly
regulate the owners of trawl catcher
vessels that participate in the BSAI
groundfish limited access fisheries. The
Small Business Administration has
established size standards for all major
industry sectors in the United States.
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
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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.
This proposed rule would provide the
owners of BSAI trawl catcher vessels
that currently are placed in the partial
observer coverage category the
opportunity for placement in the full
observer coverage category. Onehundred catcher vessels used trawl gear
in the BSAI in 2014. NMFS estimates
that 13 of these trawl catcher vessels
would be directly regulated small
entities. The owners of three of these
catcher vessels requested to be placed in
the full observer coverage category for
all their BSAI groundfish fishing during
at least one year from 2013 through
2015.
This proposed rule proposes one new
reporting requirement and eliminates
one reporting requirement for a vessel
owner who requests placement of their
vessel in the full observer coverage
category for a year. Any trawl catcher
vessel owner who requests placement of
their trawl catcher vessel in the full
observer coverage category would be
required to submit a request to NMFS.
This request would be a new reporting
requirement, and would only apply to
those catcher vessel owners who request
placement of their vessel in the full
observer coverage category. The
reporting requirement to log fishing
trips in ODDS does not apply to vessels
in the full observer coverage category;
therefore, this proposed rule would
remove a reporting requirement for
these directly regulated small entities to
log fishing trips in ODDS.
The RFA requires identification of
any significant alternatives to this
proposed rule that accomplish the
stated objectives, consistent with
applicable statutes, and that would
minimize any significant economic
impact of this proposed rule on small
entities. As noted in the IRFA, this
proposed rule is expected to create a net
benefit for the directly regulated small
entities because it offers trawl catcher
vessel owners an opportunity to change
their observer coverage category. The
benefits of this proposed rule to trawl
catcher vessel owners are expected to
outweigh the costs of paying for an
observer to be on board the vessel
during all groundfish fishing in the
BSAI, and the cost of the annual request
to NMFS. If the benefits to a catcher
vessel owner do not outweigh the costs,
a catcher vessel owner can choose not
to request that their vessel be placed in
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44255
the full observer coverage category, and
so would not be impacted by this
proposed rule.
The Council considered the status quo
(Alternative 1), and two action
alternatives (Alternative 2 and
Alternative 3). Alternative 3 included
one option and three suboptions. The
preferred alternative (Alternative 3 with
Suboption 3) described in this proposed
rule would provide the owners of BSAI
trawl catcher vessels an option of
requesting, on an annual basis,
placement in the full observer coverage
category rather than remaining in the
partial observer coverage category. No
new requirements would be imposed
under the preferred alternative unless
the catcher vessel owner requested the
full observer coverage category. Of the
action alternatives analyzed, the
preferred alternative provides the most
flexibility for the owner of a trawl
catcher vessel to request full observer
coverage in lieu of partial observer
coverage.
Alternative 1 (status quo) would have
continued to offer catcher vessel owners
the option of carrying full observer
coverage under the interim policy, but
would not remove the requirement in
regulations for continued payment of
the partial observer coverage fee in
addition to the cost of full observer
coverage. Alternative 2 is more
restrictive than the preferred alternative
because it would have permanently
placed AFA trawl catcher vessels in the
full observer coverage category rather
than offering the vessel owners an
option to request full observer coverage
on an annual basis. Alternative 3 Option
1 would have allowed only the owners
of AFA trawl catcher vessels to request
placement in the full observer coverage
category, rather than providing the
opportunity to the owners of all BSAI
trawl catcher vessels. Alternative 3
Suboption 1 would have established an
earlier deadline to submit the request
for full observer coverage than under the
preferred alternative. Directly regulated
small entities opposed the earlier
deadline because they wanted more
time to make business decisions about
observer coverage in the following year.
Alternative 3 Suboption 2 would have
established a one-time request to be
placed in the full observer coverage
category rather than an annual request
as is the case under the preferred
alternative. In summary, the preferred
alternative of Alternative 3, Suboption 3
(this proposed rule) offers the widest
range of options to the widest range of
directly regulated small entities, as
compared to all other alternatives.
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No relevant Federal rules have been
identified that would duplicate or
overlap with the proposed action.
Collection-of-Information Requirements
This proposed rule contains a
collection-of-information requirement
subject to review and approval by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act (PRA). This requirement has been
submitted to OMB for approval under
OMB Control No. 0648–0318. The
public reporting burden for Request for
Full Observer Coverage Category is
estimated to average 5 minutes per
response, including 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, by email to OIRA_
Submission@omb.eop.gov, or fax to
(202) 395–5806.
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB control number.
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: June 28, 2016.
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
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.
2. In § 679.51:
a. Revise paragraphs (a)(2)(i)(C)(2) and
(3); and
■ b. Add paragraphs (a)(2)(i)(C)(4) and
(a)(4).
The revisions and additions read as
follows:
■
■
§ 679.51 Observer requirements for
vessels and plants.
*
*
*
*
*
(a) * * *
(2) * * *
(i) * * *
(C) * * *
(2) Using trawl gear or hook-and-line
gear while groundfish CDQ fishing (see
§ 679.2), except for catcher vessels less
than or equal to 46 ft LOA using hookand-line gear while groundfish CDQ
fishing under § 679.32(c)(3)(iii);
(3) Participating in the Rockfish
Program; or
(4) Using trawl gear in the BSAI if the
vessel has been placed in the full
observer coverage category under
paragraph (a)(4) of this section.
*
*
*
*
*
(4) BSAI trawl catcher vessel
placement in the full observer coverage
category for one year—(i) Applicability.
The owner of a catcher vessel in the
partial observer coverage category under
paragraph (a)(1)(i) of this section may
request to be placed in the full observer
coverage category for all directed fishing
for groundfish using trawl gear in the
BSAI for a calendar year.
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Location
, or by e-mail to erreports.alaskafisheries@noaa.gov. ......................
observer sample station .....................................................................
observer sample station .....................................................................
observer manual .................................................................................
Observer Manual ................................................................................
observer manual .................................................................................
Observer Manual ................................................................................
§ 679.50(c)(7)(i) ..................................................................................
§ 679.50(c)(7)(ii) ..................................................................................
§ 679.50(c)(7)(ii) ..................................................................................
§§ 679.5, 679.21, 679.28, 679.52, 679.53,
679.84, and 679.93 [Amended]
3. At each of the locations shown in
the ‘‘Location’’ column, remove the
phrase indicated in the ‘‘Remove’’
column and add in its place the phrase
indicated in the ‘‘Add’’ column.
■
Remove
§ 679.5(h)(1) ......................
§ 679.21(c)(2)(i)(D) ............
§ 679.28(d)(9)(ii) ................
§ 679.52(b)(1)(iii)(B)(2) ......
§ 679.52(b)(2)(i) .................
§ 679.52(b)(11)(x)(A)(4) .....
§ 679.53(b)(2)(i) .................
§ 679.84(c)(3) .....................
§ 679.84(e) .........................
§ 679.84(f)(1) .....................
(ii) How to request full observer
coverage for one year. A trawl catcher
vessel owner must complete a full
observer coverage request and submit it
to NMFS using ODDS. ODDS is
described in paragraph (a)(1)(ii) of this
section.
(iii) Deadline. 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.
(iv) Notification. NMFS will notify the
vessel owner through ODDS of approval
or denial to place a trawl catcher vessel
in the full observer coverage category.
Unless otherwise specified in paragraph
(a)(2) of this section, a trawl catcher
vessel remains in the partial observer
coverage category under paragraph
(a)(1)(i) of this section until a request to
place a trawl catcher vessel in the full
observer coverage category has been
approved by NMFS. Once placement in
the full observer coverage category is
approved by NMFS, a trawl catcher
vessel cannot be placed in the partial
observer coverage category until the
following year.
(v) Initial Administrative
Determination (IAD). If NMFS denies a
request to place a trawl catcher vessel in
the full observer coverage category,
NMFS will provide an IAD, which will
explain the basis for the denial.
(vi) Appeal. If the owner of a trawl
catcher vessel wishes to appeal NMFS’
denial of a request to place a trawl
catcher vessel in the full observer
coverage category, the owner may
appeal the determination under the
appeals procedure set out at 15 CFR part
906.
*
*
*
*
*
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Add
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.
observer sampling station
observer sampling station
Observer Sampling Manual
Observer Sampling Manual
Observer Sampling Manual
Observer Sampling Manual
§ 679.51(a)(2)
§ 679.51(a)(2)
§ 679.51(a)(2)
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Location
§ 679.84(f)(2)
§ 679.93(c)(3)
§ 679.93(c)(6)
§ 679.93(d)(2)
.....................
.....................
.....................
....................
Remove
Add
§ 679.50(c)(7)(ii) ..................................................................................
§ 679.50(c)(6) ......................................................................................
observer sample station .....................................................................
§ 679.50(c)(6)(ii) ..................................................................................
§ 679.51(a)(2)
§ 679.51(a)(2)
observer sampling station
§ 679.51(a)(2)
[FR Doc. 2016–15912 Filed 7–6–16; 8:45 am]
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BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Proposed Rules]
[Pages 44251-44257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15912]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No.: 160225146-6146-01]
RIN 0648-BF80
Fisheries of the Exclusive Economic Zone Off Alaska; Observer
Coverage Requirements for Bering Sea and Aleutian Islands Management
Area Trawl Catcher Vessels
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS is proposing regulations to modify observer coverage
requirements for catcher vessels participating in the trawl limited
access fisheries in the Bering Sea and Aleutian Islands management area
(BSAI). If approved, this proposed rule would allow the owner of a
trawl catcher vessel to request, on an annual basis, that NMFS place
the vessel in the full observer coverage category for all directed
fishing for groundfish using trawl gear in the BSAI in the following
calendar year. This action is necessary to relieve vessel owners who
request full observer coverage of the reporting requirements and
observer fee liability associated with the partial observer coverage
category. In addition, this proposed rule makes minor technical
corrections to observer program regulations. This proposed rule is
intended to promote the goals and objectives of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), the
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian
Islands Management Area (BSAI FMP), and other applicable laws.
DATES: Submit comments on or before August 8, 2016.
ADDRESSES: You may submit comments on this document, identified by
NOAA-
[[Page 44252]]
NMFS-2016-0020, 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-2016-0020, 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).
Electronic copies of the Regulatory Impact Review/Initial
Regulatory Flexibility Analysis (Analysis) and the Categorical
Exclusion prepared for this action are available from https://www.regulations.gov or from the NMFS Alaska Region Web site at https://alaskafisheries.noaa.gov.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
rule may be submitted to NMFS at the above address; by email to
OIRA_Submission@omb.eop.gov; or by fax to 202-395-5806.
FOR FURTHER INFORMATION CONTACT: Alicia M Miller, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Authority for Action
NMFS manages the groundfish fisheries of the BSAI under the BSAI
FMP. The North Pacific Fishery Management Council (Council) prepared
the BSAI FMP pursuant to the Magnuson-Stevens Act (16 U.S.C. 1801, et
seq.). Regulations implementing the BSAI FMP appear at 50 CFR part 679.
This proposed rule is consistent with Section 3.2.4.1 of the BSAI
FMP. Section 3.2.4.1 requires observer coverage for trawl catcher
vessels in the BSAI groundfish fisheries and describes which vessels
and processors are in the full observer coverage category and which are
in the partial observer coverage category. Section 3.2.4.1 also
authorizes that exceptions to these classifications may be implemented
through regulations. The Council recommended and NMFS concurs that this
proposed rule would authorize an exception to allow the owner of a
trawl catcher vessel in the partial observer coverage category to
request placement in the full observer coverage category, and that this
exception could be implemented through a regulatory amendment without
the need to amend the BSAI FMP.
Background
If approved, this proposed rule would amend North Pacific
Groundfish and Halibut Observer Program (Observer Program) regulations
to allow the owner of a trawl catcher vessel to request, on an annual
basis, that NMFS place the vessel in the full observer coverage
category for all directed fishing for groundfish using trawl gear in
the BSAI in the following calendar year. This proposed rule would
relieve trawl catcher vessel owners who request full observer coverage
of the observer fee liability and reporting requirements associated
with the partial observer coverage category. This proposed rule would
establish a regulatory process to allow a trawl catcher vessel owner,
on an annual basis, to request that NMFS place the vessel in the full
observer coverage category for all directed fishing for groundfish
using trawl gear in the BSAI in the following calendar year. This
proposed rule is intended to provide flexibility to the owner of a
trawl catcher vessel by allowing a vessel owner to request, on an
annual basis, placement in the full observer coverage category; doing
so would provide additional observer data. Implementation of this
proposed rule would benefit the owners and operators of trawl catcher
vessels that participate in the BSAI limited access fisheries while
continuing to allow NMFS to collect the data necessary to conserve and
manage the BSAI groundfish fisheries.
The following sections describe (1) the Observer Program, (2) the
need for the proposed action, and (3) this proposed rule.
The Observer Program
Regulations implementing the Observer Program require observer
coverage on fishing vessels and at processing plants to allow NMFS-
certified observers (observers) to obtain information necessary for the
conservation and management of the BSAI and Gulf of Alaska groundfish
and halibut fisheries. Observers collect biological samples and
fishery-dependent information on total catch and fishing vessel
interactions with protected species. Managers use data collected by
observers to monitor quotas, manage groundfish catch and bycatch, and
document and reduce fishery interactions with protected resources.
Scientists use observer-collected data for stock assessments and marine
ecosystem research.
The Observer Program was implemented in 1990 (55 FR 4839, February
12, 1990). In 2013, NMFS restructured the funding and deployment
systems of the Observer Program (77 FR 70062, November 21, 2012). Under
the restructured Observer Program, all vessels and processors in the
groundfish and halibut fisheries off Alaska are placed into one of two
categories: (1) The full observer coverage category, where vessels and
processors obtain observer coverage by contracting directly with
observer providers; and (2) the partial observer coverage category,
where NMFS has the flexibility to deploy observers when and where they
are needed, as described in the annual deployment plan that is
developed by NMFS in consultation with the Council. As explained below,
the deployment of observers in the partial observer coverage category
is funded through a fee.
NMFS funds observer deployment in the partial observer coverage
category by assessing a 1.25 percent fee on the ex-vessel value of
retained groundfish and halibut from vessels that are not in the full
observer coverage category. This observer fee is based on the total ex-
vessel value of landed catch and calculated using a standardized price
from the prior year's landings. NMFS intends that the fee be split
equally between the processor receiving landed catch and the vessel
harvesting the catch. The processor collects the vessel owner's portion
of the observer fee and submits full payment to NMFS after the end of
the year. More information about the observer fee for the partial
observer coverage category is provided in the most recent annual notice
of the standard ex-vessel prices for the observer fee (80 FR 77606;
December 15, 2015), and in the final rule implementing the restructured
observer program (77 FR 70062, November 21, 2012).
When the Observer Program was restructured, the Council and NMFS
decided, based on data needs and costs, which vessels and processors to
place in the full and partial observer coverage categories. Regulations
implementing
[[Page 44253]]
the restructured observer program in 2013 placed all trawl catcher
vessels in the full observer coverage category when participating in a
catch share program with transferable prohibited species catch (PSC)
limits (77 FR 70062, November 21, 2012). For trawl catcher vessels in
the BSAI, the catch share programs with transferable PSC limits are the
American Fisheries Act (AFA) pollock fisheries in the Bering Sea and
the Western Alaska Community Development Quota (CDQ) groundfish
fisheries. All other trawl catcher vessels subject to observer coverage
requirements in the BSAI are in the partial observer coverage category
and participate in the BSAI trawl limited access fisheries.
Throughout this proposed rule, the trawl fisheries in the BSAI that
are not part of a catch share program mentioned in the previous
paragraph are referred to collectively as ``the BSAI trawl limited
access fisheries''. Vessels participating in the BSAI trawl limited
access fisheries primarily target Pacific cod or yellowfin sole. NMFS
does not allocate transferable PSC limits to trawl catcher vessels in
the BSAI trawl limited access fisheries; therefore, trawl catcher
vessels are placed in the partial observer coverage category when
participating in these fisheries. The BSAI trawl limited access
fisheries are managed with halibut and crab PSC limits that apply to
the directed fishery as a whole or to operational category and gear
type. Section 3.5 in the Analysis provides additional information about
the BSAI trawl limited access fisheries, the Observer Program, and
observer coverage categories.
Need for the Proposed Action
The Council initiated this proposed action in response to comments
on the proposed rule to restructure the Observer Program (77 FR 23326,
April 18, 2012), and testimony to the Council. As detailed in the final
rule for the restructured program, (77 FR 70062, November 21, 2012),
some participants in the BSAI trawl limited access fisheries commented
that their catcher vessels needed full (100 percent) observer coverage
while directed fishing for Pacific cod. Full observer coverage,
according to the participants, was necessary to comply with private
contractual arrangements contained in their voluntary AFA agreements to
manage halibut PSC at the vessel and cooperative level. Specifically,
trawl catcher vessel owners expressed concern that if their vessels
were placed in the partial observer coverage category and not randomly
selected for observer coverage, a vessel owner would have to use
halibut PSC rates extrapolated from other observed vessels for its
halibut PSC accounting within the cooperative. Some vessel owners
wanted the option to carry an observer on all fishing trips (i.e., full
observer coverage) so that observer data from the vessel could be used
to provide vessel-specific halibut PSC accounting.
Participants in the BSAI trawl limited access fisheries also
testified that allowing trawl catcher vessels to continue to carry an
observer on all trips, as they had prior to Observer Program
restructuring in 2013, would allow them to shift seamlessly between the
AFA pollock trawl fishery where full observer coverage is required and
other fisheries such as the BSAI Pacific cod limited access trawl
fishery where only partial observer coverage is required. Participants
in the BSAI trawl limited access fisheries testified that under the
full observer coverage category requirements, a trawl catcher vessel
owner could contract with the same observer provider in both the AFA
pollock trawl and other BSAI trawl limited access fisheries. This
operational efficiency would allow vessel owners and operators to
coordinate with a single observer provider when moving between the AFA
pollock fishery and the BSAI trawl limited access fisheries.
In a response to these comments on the restructured program, NMFS
stated that neither the Council's motion nor the proposed rule for
restructuring the Observer Program addressed an allowance for voluntary
participation in the full observer coverage category (77 FR 70062,
November 21, 2012). Therefore, this type of change could not be made in
the final rule for the Observer Program restructuring. NMFS described
that further analysis and a subsequent rulemaking would be needed to
revise regulations to authorize vessel owners to request placement in
the full observer coverage category and to relieve these vessel owners
and associated processors from the observer fee liability for landings
by trawl catcher vessels in the partial observer coverage category.
NMFS highlighted the need to analyze the placement of vessels in a
particular coverage category not only in terms of the economic impacts
on a vessel owner, but also in terms of impacts on the fee base for the
partial observer coverage category.
Since 2013, and with the concurrence of the Council, NMFS has
allowed the owner of a BSAI trawl catcher vessels to request, on an
annual basis, full observer coverage by submitting a letter of request
to NMFS. Under this interim policy, a vessel owner could request, by
December 1, to have a trawl catcher vessel comply with full observer
coverage requirements in the following calendar year. Vessel owners
then contract with a full coverage observer provider for all directed
fishing for groundfish using trawl gear in the BSAI in the following
year.
By regulation, catcher vessels participating in the BSAI trawl
limited access fisheries are in the partial observer coverage category,
and those landings are subject to the partial observer coverage fee
liability as well as the requirement to log fishing trips in the
Observer Declare and Deploy System (ODDS). ODDS is the internet-based
communication platform that NMFS uses to receive information about
fishing plans by vessels in the partial observer coverage category and
to notify vessel owners if a fishing trip has been randomly selected
for observer coverage. The owner and operator of a catcher vessel
placed in the full observer coverage category are not required to log
fishing trips in ODDS.
Under the interim policy, the owner of a trawl catcher vessel
complies with full observer coverage requirements, but is not placed in
the full observer coverage category by regulation and therefore, is
required to comply with the partial observer coverage category
reporting requirements and associated observer fee liability. This
results in duplicative observer coverage costs and additional reporting
requirements for those vessel owners that requested full observer
coverage under the interim policy.
In February 2016, the Council unanimously recommended that NMFS
revise regulations to allow the owner of a BSAI trawl catcher vessel in
the partial observer coverage category to request, on an annual basis,
that NMFS place the catcher vessel in the full observer coverage
category for all directed fishing for groundfish using trawl gear in
the BSAI for the following year. Any trawl catcher vessel that NMFS did
not place in the full observer coverage category would remain in the
partial observer coverage category under existing regulations at
Sec. Sec. 679.50 and 679.51. Once NMFS notifies a catcher vessel owner
that the catcher vessel has been placed in the full observer coverage
category, the catcher vessel operator would then be subject to full
observer coverage requirements described at Sec. 679.51(a)(2) for all
directed fishing for groundfish using trawl gear in the BSAI in the
following year.
The rationale for the two major provisions of the proposed rule
follows below. Alternatives, options, and
[[Page 44254]]
suboptions considered but not selected by the Council are explained in
more detail in the ``Classification'' section of this preamble.
1. Annual Request for Full Observer Coverage
This proposed rule would allow the owner of a trawl catcher vessel
to annually request full observer coverage in lieu of partial observer
coverage for directed fishing for groundfish using trawl gear in the
BSAI in the following year. This closely aligns with the interim
policy, in place since 2013, under which NMFS allows the owner of a
BSAI trawl catcher vessel to annually request full observer coverage
for all directed fishing for groundfish using trawl gear in the BSAI in
the following year. This proposed rule would establish a regulatory
process to allow the owner of a trawl catcher vessel to submit a
request for full observer coverage to NMFS by October 15 of the year
prior to the year in which the catcher vessel would be placed in the
full observer coverage category. NMFS would then place the vessel in
the full observer coverage category for all directed fishing for
groundfish using trawl gear in the following year. This annual request
is consistent with the Council's and NMFS' previous decision to require
full observer coverage on catcher vessels only in fisheries with
transferable PSC limits. The owner of a trawl catcher vessel could
request the appropriate observer coverage category that would meet
their private contractual agreements.
This proposed rule would not restrict which trawl catcher vessel
owners could request full observer coverage, allowing the owner of any
trawl catcher vessel to request full observer coverage for all directed
fishing for groundfish using trawl gear in the BSAI in the following
year. The Council considered restricting the option to AFA trawl
catcher vessels because those are the vessels that have, thus far,
requested full observer coverage under the interim policy. However, the
Analysis did not identify any reason to restrict which BSAI trawl
catcher vessel owners may request to increase their observer coverage
requirements (see Section 3.7.3 and Section 3.7.4 of the Analysis for
additional detail).
Section 3.7 of the Analysis describes the potential impact of the
proposed rule on the costs of observer coverage, fee receipts, and
observer deployment rates in the partial observer coverage category if
NMFS approves trawl catcher vessel owners' requests and places the
vessels in the full observer coverage category. Section 3.7 of the
Analysis describes that this proposed rule could result in some cost
savings and reduced administrative burden for trawl catcher vessel
owners and operators, some slightly reduced fee receipts for the
partial observer coverage category, and some potential for a limited
decrease in observer deployment rates in the partial observer coverage
category relative to current management. Observer deployment for
vessels and processors in the partial observer coverage category will
continue to be analyzed and evaluated in the Observer Program annual
deployment plan and the Observer Program Annual Report.
This proposed rule would not alter existing observer coverage
requirements for trawl catcher vessels delivering unsorted codends to a
mothership in the BSAI. A trawl catcher vessel delivering unsorted
codends to a mothership is not required to carry an observer because
the catch is not brought onboard the catcher vessel, but is sorted
aboard the mothership with full observer coverage.
2. Annual Deadline
This proposed rule would establish an annual deadline of October 15
for a trawl catcher vessel owner to request placement in the full
observer coverage category for the following year. This deadline is
earlier than the current deadline of December 1 under the interim
policy. The October 15 deadline is necessary to balance the need to
improve information available to analysts during the final preparations
of the partial observer coverage annual deployment plan with the need
to allow vessel owners the time to make business decisions for the
following year. The October 15 deadline also provides full coverage
observer providers adequate time to coordinate observer availability
for the following year. Sections 3.6 and 3.7.1.2 of the Analysis
provide additional detail on the rationale for the October 15 deadline
and describe alternative deadlines that were considered but not
proposed.
This Proposed Rule
This proposed rule would revise regulations at 50 CFR part 679 to
establish a process to allow the owner of a trawl catcher vessel to
request, on an annual basis, that NMFS place the vessel in the full
observer coverage category for all directed fishing for groundfish
using trawl gear in the BSAI in the following calendar year. This
proposed rule would add a paragraph at Sec. 679.51(a)(2)(i)(C)(4)
describing a new vessel type under the list of catcher vessels in the
full observer coverage category to allow this annual request for
placement in the full observer coverage category for one year. This
proposed rule adds a new paragraph at Sec. 679.51(a)(4) to describe
the requirements for this annual process.
The owner of a trawl catcher vessel that requests full observer
coverage in lieu of partial observer coverage for all directed fishing
for groundfish in the BSAI trawl limited access fisheries in the
following year would submit a request to NMFS using ODDS, which is
described at Sec. 679.51(a)(1)(ii). Once a request is received, NMFS
would consider the request and would notify the vessel owner whether
the request has been approved or denied. This notification would occur
through ODDS. Once NMFS has notified the vessel owner that a request to
be placed in the full observer coverage category for the following year
has been approved, the owner and operator of the trawl catcher vessel
would be subject to full observer coverage requirements as described at
Sec. 679.51(a)(2) for all directed fishing for groundfish using trawl
gear in the BSAI in the following year. Once approved by NMFS for
placement in the full observer coverage category, a trawl catcher
vessel could not be placed in the partial observer coverage category
until the next year. Until NMFS provides notification of approval, a
catcher vessel would remain in the partial observer coverage category
as described at Sec. 679.51(a)(1)(i).
The owner of a trawl catcher vessel placed in the full observer
coverage category would contract directly with a permitted full
coverage observer provider to procure observer services as described at
Sec. 679.51(d). The owner of a trawl catcher vessel in the full
observer coverage category would not be required to log fishing trips
in ODDS under Sec. 679.51(a)(1), and landings made by a vessel in the
full observer coverage category would not be subject to the 1.25
percent partial observer coverage fee under Sec. 679.55.
This proposed rule would establish an annual deadline of October 15
for a trawl catcher vessel owner to request that a trawl catcher vessel
operating in the BSAI be placed in the full observer coverage category
for the following year as described in proposed regulations at Sec.
679.51(a)(4)(iii). A vessel owner would be required to submit a request
for full observer coverage by the October 15 annual deadline. NMFS
would approve all requests that contained the information required by
ODDS and were submitted on or before October 15. If NMFS disapproves a
request to place a catcher vessel in the full observer coverage
category, the catcher vessel would remain in the partial observer
[[Page 44255]]
coverage category as described at Sec. 679.51(a)(1)(i).
The proposed rule specifies at proposed Sec. 679.51(a)(4)(v) that
if NMFS denies a request for placement in the full observer coverage
category, NMFS would issue an Initial Administrative Determination,
which would explain in writing the reasons for the denial. Under
proposed Sec. 679.51(a)(3)(vi), the vessel owner could appeal a denial
to the National Appeals Office according to the procedures in 15 CFR
part 906.
This proposed rule would make minor technical corrections to
Observer Program regulations. This proposed rule would correct
inaccurate cross references in Sec. Sec. 679.84 and 679.93 to observer
coverage requirements in Sec. 679.51. This proposed rule would also
standardize references to the observer sampling station and the
Observer Sampling Manual throughout part 679, and update check-in/
check-out report submission methods by removing a discontinued email
address in Sec. 679.5.
Classification
Pursuant to section 304(b)(1)(A) and 305(d) of the Magnuson-Stevens
Act, the NMFS Assistant Administrator has determined that this proposed
rule is consistent with the BSAI FMP, 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.
Initial Regulatory Flexibility Analysis
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. A further description of the action, why
it is being considered, and the legal basis for this action are
explained earlier in the preamble to this proposed rule. A copy of the
IRFA is available from NMFS (see ADDRESSES). A summary of the analysis
follows.
This proposed rule would directly regulate the owners of trawl
catcher vessels that participate in the BSAI groundfish limited access
fisheries. The Small Business Administration has established size
standards for all major industry sectors in the United States.
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.
This proposed rule would provide the owners of BSAI trawl catcher
vessels that currently are placed in the partial observer coverage
category the opportunity for placement in the full observer coverage
category. One-hundred catcher vessels used trawl gear in the BSAI in
2014. NMFS estimates that 13 of these trawl catcher vessels would be
directly regulated small entities. The owners of three of these catcher
vessels requested to be placed in the full observer coverage category
for all their BSAI groundfish fishing during at least one year from
2013 through 2015.
This proposed rule proposes one new reporting requirement and
eliminates one reporting requirement for a vessel owner who requests
placement of their vessel in the full observer coverage category for a
year. Any trawl catcher vessel owner who requests placement of their
trawl catcher vessel in the full observer coverage category would be
required to submit a request to NMFS. This request would be a new
reporting requirement, and would only apply to those catcher vessel
owners who request placement of their vessel in the full observer
coverage category. The reporting requirement to log fishing trips in
ODDS does not apply to vessels in the full observer coverage category;
therefore, this proposed rule would remove a reporting requirement for
these directly regulated small entities to log fishing trips in ODDS.
The RFA requires identification of any significant alternatives to
this proposed rule that accomplish the stated objectives, consistent
with applicable statutes, and that would minimize any significant
economic impact of this proposed rule on small entities. As noted in
the IRFA, this proposed rule is expected to create a net benefit for
the directly regulated small entities because it offers trawl catcher
vessel owners an opportunity to change their observer coverage
category. The benefits of this proposed rule to trawl catcher vessel
owners are expected to outweigh the costs of paying for an observer to
be on board the vessel during all groundfish fishing in the BSAI, and
the cost of the annual request to NMFS. If the benefits to a catcher
vessel owner do not outweigh the costs, a catcher vessel owner can
choose not to request that their vessel be placed in the full observer
coverage category, and so would not be impacted by this proposed rule.
The Council considered the status quo (Alternative 1), and two
action alternatives (Alternative 2 and Alternative 3). Alternative 3
included one option and three suboptions. The preferred alternative
(Alternative 3 with Suboption 3) described in this proposed rule would
provide the owners of BSAI trawl catcher vessels an option of
requesting, on an annual basis, placement in the full observer coverage
category rather than remaining in the partial observer coverage
category. No new requirements would be imposed under the preferred
alternative unless the catcher vessel owner requested the full observer
coverage category. Of the action alternatives analyzed, the preferred
alternative provides the most flexibility for the owner of a trawl
catcher vessel to request full observer coverage in lieu of partial
observer coverage.
Alternative 1 (status quo) would have continued to offer catcher
vessel owners the option of carrying full observer coverage under the
interim policy, but would not remove the requirement in regulations for
continued payment of the partial observer coverage fee in addition to
the cost of full observer coverage. Alternative 2 is more restrictive
than the preferred alternative because it would have permanently placed
AFA trawl catcher vessels in the full observer coverage category rather
than offering the vessel owners an option to request full observer
coverage on an annual basis. Alternative 3 Option 1 would have allowed
only the owners of AFA trawl catcher vessels to request placement in
the full observer coverage category, rather than providing the
opportunity to the owners of all BSAI trawl catcher vessels.
Alternative 3 Suboption 1 would have established an earlier deadline to
submit the request for full observer coverage than under the preferred
alternative. Directly regulated small entities opposed the earlier
deadline because they wanted more time to make business decisions about
observer coverage in the following year. Alternative 3 Suboption 2
would have established a one-time request to be placed in the full
observer coverage category rather than an annual request as is the case
under the preferred alternative. In summary, the preferred alternative
of Alternative 3, Suboption 3 (this proposed rule) offers the widest
range of options to the widest range of directly regulated small
entities, as compared to all other alternatives.
[[Page 44256]]
No relevant Federal rules have been identified that would duplicate
or overlap with the proposed action.
Collection-of-Information Requirements
This proposed rule contains a collection-of-information requirement
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA). This requirement has
been submitted to OMB for approval under OMB Control No. 0648-0318. The
public reporting burden for Request for Full Observer Coverage Category
is estimated to average 5 minutes per response, including 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, by email to OIRA_Submission@omb.eop.gov, or fax to
(202) 395-5806.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number. 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: June 28, 2016.
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 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. 679.51:
0
a. Revise paragraphs (a)(2)(i)(C)(2) and (3); and
0
b. Add paragraphs (a)(2)(i)(C)(4) and (a)(4).
The revisions and additions read as follows:
Sec. 679.51 Observer requirements for vessels and plants.
* * * * *
(a) * * *
(2) * * *
(i) * * *
(C) * * *
(2) Using trawl gear or hook-and-line gear while groundfish CDQ
fishing (see Sec. 679.2), except for catcher vessels less than or
equal to 46 ft LOA using hook-and-line gear while groundfish CDQ
fishing under Sec. 679.32(c)(3)(iii);
(3) Participating in the Rockfish Program; or
(4) Using trawl gear in the BSAI if the vessel has been placed in
the full observer coverage category under paragraph (a)(4) of this
section.
* * * * *
(4) BSAI trawl catcher vessel placement in the full observer
coverage category for one year--(i) Applicability. The owner of a
catcher vessel in the partial observer coverage category under
paragraph (a)(1)(i) of this section may request to be placed in the
full observer coverage category for all directed fishing for groundfish
using trawl gear in the BSAI for a calendar year.
(ii) How to request full observer coverage for one year. A trawl
catcher vessel owner must complete a full observer coverage request and
submit it to NMFS using ODDS. ODDS is described in paragraph (a)(1)(ii)
of this section.
(iii) Deadline. 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.
(iv) Notification. NMFS will notify the vessel owner through ODDS
of approval or denial to place a trawl catcher vessel in the full
observer coverage category. Unless otherwise specified in paragraph
(a)(2) of this section, a trawl catcher vessel remains in the partial
observer coverage category under paragraph (a)(1)(i) of this section
until a request to place a trawl catcher vessel in the full observer
coverage category has been approved by NMFS. Once placement in the full
observer coverage category is approved by NMFS, a trawl catcher vessel
cannot be placed in the partial observer coverage category until the
following year.
(v) Initial Administrative Determination (IAD). If NMFS denies a
request to place a trawl catcher vessel in the full observer coverage
category, NMFS will provide an IAD, which will explain the basis for
the denial.
(vi) Appeal. If the owner of a trawl catcher vessel wishes to
appeal NMFS' denial of a request to place a trawl catcher vessel in the
full observer coverage category, the owner may appeal the determination
under the appeals procedure set out at 15 CFR part 906.
* * * * *
Sec. Sec. 679.5, 679.21, 679.28, 679.52, 679.53, 679.84, and
679.93 [Amended]
0
3. At each of the locations shown in the ``Location'' column, remove
the phrase indicated in the ``Remove'' column and add in its place the
phrase indicated in the ``Add'' column.
------------------------------------------------------------------------
Location Remove Add
------------------------------------------------------------------------
Sec. 679.5(h)(1).............. , or by e-mail to .
erreports.alaskafisheries@noaa.gov
..
Sec. 679.21(c)(2)(i)(D)....... observer sample observer sampling
station. station
Sec. 679.28(d)(9)(ii)......... observer sample observer sampling
station. station
Sec. 679.52(b)(1)(iii)(B)(2).. observer manual... Observer Sampling
Manual
Sec. 679.52(b)(2)(i).......... Observer Manual... Observer Sampling
Manual
Sec. 679.52(b)(11)(x)(A)(4)... observer manual... Observer Sampling
Manual
Sec. 679.53(b)(2)(i).......... Observer Manual... Observer Sampling
Manual
Sec. 679.84(c)(3)............. Sec. Sec.
679.50(c)(7)(i). 679.51(a)(2)
Sec. 679.84(e)................ Sec. Sec.
679.50(c)(7)(ii). 679.51(a)(2)
Sec. 679.84(f)(1)............. Sec. Sec.
679.50(c)(7)(ii). 679.51(a)(2)
[[Page 44257]]
Sec. 679.84(f)(2)............. Sec. Sec.
679.50(c)(7)(ii). 679.51(a)(2)
Sec. 679.93(c)(3)............. Sec. Sec.
679.50(c)(6). 679.51(a)(2)
Sec. 679.93(c)(6)............. observer sample observer sampling
station. station
Sec. 679.93(d)(2)............. Sec. Sec.
679.50(c)(6)(ii). 679.51(a)(2)
------------------------------------------------------------------------
[FR Doc. 2016-15912 Filed 7-6-16; 8:45 am]
BILLING CODE 3510-22-P