Fisheries of the Exclusive Economic Zone Off Alaska; Integrating Electronic Monitoring Into the North Pacific Observer Program, 13302-13304 [2017-04716]
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13302
Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules
Signaling’’ (March 23, 2016) shall
transmit at least one free video stream
on that signal that requires at most the
signal threshold of a comparable
received DTV signal, and shall
simulcast the video programming on
that signal on another local broadcast
facility using the current DTV standard.
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■ 5. Section 73.626 is amended by
adding paragraph (g) to read as follows:
DEPARTMENT OF COMMERCE
Authority: 47 U.S.C. 154, 303, 309, 310,
334, 336, and 339.
§ 73.626 DTV Distributed Transmission
Systems.
AGENCY:
4. Section 73.616 is amended by
revising the first sentence of paragraph
(e)(1) and adding paragraph (g) to read
as follows:
*
channels allocated by the Commission
to the television broadcast service that
broadcast digital signals broadcast using
the ATSC 1.0 standard, but need not be
capable of receiving analog signals or
signals using the ATSC 3.0 standard.
*
*
*
*
*
PART 73—RADIO BROADCAST
SERVICES
3. The authority citation for part 73
continues to read as follows:
■
■
§ 73.616 Post-transition DTV station
interference protection.
sradovich on DSK3GMQ082PROD with PROPOSALS
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(e) * * *
(1) For evaluating compliance with
the requirements of this paragraph,
interference to populations served is to
be predicted based on the most recent
official decennial U.S. Census
population data as identified by the
Media Bureau in a Public Notice issued
not less than 60 days prior to use of the
data for a specific year in application
processing, and otherwise according to
the procedure set forth in OET Bulletin
No. 69: ‘‘Longley-Rice Methodology for
Evaluating TV Coverage and
Interference’’ (February 6, 2004)
(incorporated by reference, see
§ 73.8000), including population served
within service areas determined in
accordance with § 73.622(e),
consideration of whether F(50,10)
undesired signals will exceed the
following desired-to-undesired (D/U)
signal ratios, assumed use of a
directional receiving antenna, and use
of the terrain dependent Longley-Rice
point-to-point propagation model.
* * *
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(g) The interference protection
requirements contained in this section
apply to television station operations
under ATSC A/321:2016, ‘‘System
Discovery and Signaling’’ (March 23,
2016) (incorporated by reference, see
§ 73.8000).
■ 4. Section 73.624 is amended by
adding paragraph (b)(3) to read as
follows:
§ 73.624 Digital television broadcast
stations.
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*
(b) * * *
(3) DTV licensees or permittees that
transmit a signal as set forth in A/
321:2016, ‘‘System Discovery and
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(g) All transmitters operating under a
single DTS license must follow the same
digital broadcast television transmission
standard.
■ 6. Section 73.682 is amended by
adding paragraph (f) to read as follows:
§ 73.682
TV transmission standards.
*
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(f) Alternative digital broadcast
television transmission standard
authorized.
(1) Next Gen TV service. Effective
[DATE], as an alternative to complying
with the requirements set forth in
paragraph (d) of this section,
transmission of digital broadcast
television (DTV) signals may comply
with the standards for such
transmissions set forth in ATSC A/
321:2016, ‘‘System Discovery and
Signaling’’ (March 23, 2016)
(incorporated by reference, see
§ 73.8000).
(2) Continuity of service. The licensee
of a DTV station operating pursuant to
paragraph (f)(1) shall arrange for another
DTV station operating in compliance
with paragraph (d) of this section and
substantially covering such station’s
community of license to simulcast such
station’s primary program stream.
Agreements for simulcast under this
paragraph (g) must be filed with the
Commission.
■ 7. Section 73.8000 is amended by
adding paragraph (b)(6) to read as
follows:
§ 73.8000
Incorporation by reference.
*
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(b) * * *
(6) A/321:2016, ‘‘System Discovery
and Signaling’’ (March 23, 2016), IBR
approved for §§ 73.616 and 73.682.
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[FR Doc. 2017–04713 Filed 3–9–17; 8:45 am]
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National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–BG54
Fisheries of the Exclusive Economic
Zone Off Alaska; Integrating Electronic
Monitoring Into the North Pacific
Observer Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of fishery
management plan amendments; request
for comments; notice of public hearing.
The North Pacific Fishery
Management Council submitted
Amendment 114 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area and Amendment 104
to the Fishery Management Plan for
Groundfish of the Gulf of Alaska
(collectively referred to as the FMPs) to
the Secretary of Commerce (Secretary)
for review. If approved, Amendments
114/104 would integrate electronic
monitoring into the North Pacific
Observer Program. This action is
necessary to improve the collection of
data necessary for the conservation,
management, and scientific
understanding of managed fisheries.
Amendments 114/104 are intended to
promote the goals and objectives of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
FMPs, and other applicable laws.
DATES: Comments must be received no
later than May 9, 2017.
Per section 313 of the MagnusonStevens Act, NMFS will conduct public
hearings to accept oral and written
comments on the proposed rule in
Oregon, Washington, and Alaska during
the public comment period.
The first public hearing will be held
in conjunction with the April meeting of
the North Pacific Fishery Management
Council on April 6, 2017, 6 p.m. to 8
p.m., Alaska local time, at the Hilton
Hotel, 500 W 3rd Ave., Anchorage, AK
99501.
The second public hearing will be on
April 18, 2017, 10 a.m. to 12 p.m.,
Pacific daylight time, at the
International Pacific Halibut
Commission office, 2320 West
Commodore Way, Suite 300, Seattle,
WA 98199.
The third public hearing will be held
on April 19, 2017, 1 p.m. to 3 p.m.,
Pacific daylight time, at the Hatfield
SUMMARY:
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Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules
Marine Science Center, Lavern Weber
Room, 2030 SE Marine Science Drive,
Newport, OR 97365.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2016–0154, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal eRulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20160154, 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 Amendments 114
and 104 and the Draft Environmental
Assessment/Regulatory Impact Review
prepared for this action (collectively the
‘‘Analysis’’) may be obtained from
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Gretchen Harrington or Jennifer Watson,
907–586–7228.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires that
each regional fishery management
council submit any fishery management
plan amendment it prepares to NMFS
for review and approval, disapproval, or
partial approval by the Secretary of
Commerce. The Magnuson-Stevens Act
also requires that NMFS, upon receiving
a fishery management plan amendment,
immediately publish a notice in the
Federal Register announcing that the
amendment is available for public
review and comment. This notice
announces that proposed Amendments
114/104 to the FMPs are available for
public review and comment.
NMFS manages the groundfish
fisheries in the exclusive economic zone
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under the FMPs. The North Pacific
Fishery Management Council (Council)
prepared the FMPs under the authority
of the Magnuson-Stevens Act, 16 U.S.C.
1801 et seq. Regulations governing U.S.
fisheries and implementing the FMP
appear at 50 CFR parts 600 and 679.
Amendments 114/104 to the FMPs
would amend the Council’s fisheries
research plan prepared under the
authority of section 313 of the
Magnuson-Stevens Act. NMFS
published regulations implementing the
plan on November 21, 2012 (77 FR
70062). The Council’s fisheries research
plan is implemented through the North
Pacific Observer Program (Observer
Program) and its purpose is to collect
data necessary for the conservation,
management, and scientific
understanding of the groundfish and
halibut fisheries off Alaska.
In December 2016, the Council
adopted Amendments 114/104 to
integrate electronic monitoring (EM)
into the Observer Program. The
Observer Program is an integral
component in the management of North
Pacific fisheries. The Observer Program
provides the regulatory framework for
NMFS-certified observers (observers) to
be deployed onboard vessels to obtain
information necessary for the
conservation and management of the
groundfish fisheries, and, although not
managed under the FMPs, the halibut
fisheries. The information collected by
observers contributes to the best
available scientific information used to
manage the fisheries in furtherance of
the purposes and national standards of
the Magnuson-Stevens Act. Observers
collect biological samples and
information on total catch, including
bycatch, and interactions with protected
species. Managers use data collected by
observers to manage groundfish catch
and bycatch limits established in
regulation and to document fishery
interactions with protected resources.
Managers also use data collected by
observers to inform the development of
management measures that minimize
bycatch and reduce fishery interactions
with protected resources. Scientists use
observer-collected data for stock
assessments and marine ecosystem
research.
In 2013, the Council and NMFS
restructured the Observer Program to
address longstanding concerns about
statistical bias of observer-collected data
and cost inequality among fishery
participants with the funding and
deployment structure under the
previous Observer Program (77 FR
70062, November 21, 2012). The
restructured Observer Program
established two observer coverage
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13303
categories: Partial and full. All
groundfish and halibut vessels and
processors are included in one of these
two categories. The partial coverage
category includes fishing sectors
(vessels and processors) that are not
required to have an observer at all times.
The partial coverage category includes
catcher vessels, shoreside processors,
and stationary floating processors when
they are not participating in a catch
share program with a transferrable
prohibited species catch limit. Small
catcher/processors that meet certain
criteria are also in the partial coverage
category. Proposed Amendments 114/
104 are designed to integrate EM in the
partial coverage category and would not
change provisions in the FMP that apply
to the full coverage category.
NMFS contracts with an observer
provider and determines when and
where observers are deployed, based on
a scientific sampling design for the
partial coverage category. The
restructured Observer Program created a
new observer funding system to fund
observer deployment in the partial
coverage category. Vessels and
processors in the partial coverage
category pay a fee equal to1.25 percent
of the fishery ex-vessel value.
The restructured Observer Program
includes vessel sectors (the halibut
sector and the less than 60 ft. length
overall (LOA) groundfish sector) that
were not subject to any observer
requirements under the previous
program. Even before implementing the
restructured Observer Program, many
vessel owners and operators new to the
Observer Program were opposed to
carrying an observer (77 FR 70062,
November 21, 2012). Vessel owners and
operators explained that there is limited
space on board for an additional person
or limited space in the vessel’s life raft.
Some vessel owners, operators, and
industry representatives advocated for
the use of EM instead of having an
observer on board their vessels. To
address their concerns, the Council and
NMFS have been actively engaged in
developing EM as a tool to collect
fishery data.
In 2013, NMFS developed, and the
Council adopted, the Strategic Plan for
Electronic Monitoring and Electronic
Reporting in the North Pacific to guide
integration of monitoring technologies
into North Pacific fisheries management
and provide goals and benchmarks to
evaluate attainment of goals (available
on the Alaska Fisheries Science Center
Web site at https://www.afsc.noaa.gov/
Publications/AFSC-TM/NOAA-TMAFSC-276.pdf).
In 2014, the Council appointed an EM
Workgroup to develop an EM program
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to integrate into the Observer Program.
The EM Workgroup provides a forum
for stakeholders, including the
commercial fishery participants, NMFS,
Alaska Department of Fish and Game,
and EM service providers, to
cooperatively and collaboratively
design, test, and develop EM systems,
and to identify key decision points
related to operationalizing and
integrating EM systems into the
Observer Program in a strategic manner.
Amendments 114/104 reflect the design
and recommendations of the EM
Workgroup. Additional information on
the work of the EM Workgroup is
provided in the Analysis (see
ADDRESSES).
The Council and NMFS developed
EM for data collection for vessels that
use nontrawl gear in the partial coverage
category to address their desire for an
alternative way to collect fisheries data
in consideration of the operating
requirements of these fisheries.
Nontrawl gear fishery participants
identified unique issues with carrying
an observer. Vessel owners and
operators explained that there is limited
space onboard for an additional person
or limited space in the vessel’s life raft.
EM has the potential to reduce
economic and operational costs
associated with deploying human
observers throughout coastal Alaska.
Through the use of EM, it may be
possible to obtain at-sea data from a
broader cross-section of the nontrawl
gear fleet at lower cost and increase
flexibility to respond to the scientific
and management needs of these
fisheries.
Proposed Amendments 114/104
would revise the FMPs to include
provisions for the use of EM systems in
the Executive Summary, Section 3.2.4,
Section 3.9, and Appendix A. Under
proposed Amendments 114/104, owners
or operators of vessels using nontrawl
gear in the partial coverage category
would be able to choose to use an EM
system instead of carrying an observer.
An EM system uses cameras, a video
storage devise, and associated sensors to
passively record and monitor fishing
activities. The video is reviewed by an
analyst onshore at a later time to collect
catch and effort information.
NMFS would contract with an EM
service provider to install EM systems
on vessels. NMFS would use a portion
of the fee revenues to fund EM systems
and EM deployment under proposed
Amendments 114/104, as authorized by
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17:00 Mar 09, 2017
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section 313 of the Magnuson-Stevens
Act.
The EM service provider would work
with the vessel owner or operator to
develop the vessel monitoring plan. The
vessel monitoring plan would describe
how fishing operations on the vessel
would be conducted and how the EM
system and associated equipment would
be configured to meet the data
collection objectives and purpose of the
EM program. The proposed rule to
implement proposed Amendments 114/
104 provides the details of the
responsibilities of vessel owners or
operators if they decide to participate in
EM.
Owners or operators of vessels using
nontrawl gear could request to be in the
EM selection pool. During the fishing
year, NMFS would randomly select
vessels in the EM selection pool to use
an EM system on a fishing trip
according to the sampling design in the
annual deployment plan (ADP). The
ADP would describe how NMFS plans
to deploy observers on vessels in the
partial coverage category in the
upcoming year, to determine the criteria
for the EM selection pool and to deploy
EM on fishing trips in the upcoming
year. NMFS uses the sampling design to
generate unbiased estimates of total and
retained catch, and catch composition
in the groundfish and halibut fisheries.
NMFS would make adjustments to the
ADP each year after NMFS conducts a
scientific evaluation of data collected by
observers and EM systems to evaluate
the impact of changes in observer and
EM system deployment and identify
areas where improvements are needed
to collect the data necessary to conserve
and manage the groundfish and halibut
fisheries. The Council and its Scientific
and Statistical Committee (SSC) review
the ADP each October, receive public
comments on the ADP, and make
additional recommendations for
improvements. NMFS finalizes the ADP
in December and releases it prior to the
start of the fishing year. NMFS posts the
ADP on the NMFS Alaska Region Web
site (https://alaskafisheries.noaa.gov).
Each year, NMFS would also evaluate
in the Annual Report how well various
aspects of the Observer Program and the
EM deployment are achieving program
goals, identify areas where
improvements are needed, and make
recommendations to modify the
sampling design in the upcoming ADP.
The SSC and Council review the Annual
Report each June, and receive public
comments on the Annual Report, and
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make additional recommendations for
improvements. NMFS posts the Annual
Report on the NMFS Alaska Region Web
site (https://alaskafisheries.noaa.gov).
NMFS is soliciting public comments
on proposed Amendments 114/104
through the end of the comment period
(see DATES). NMFS intends to publish in
the Federal Register and seek public
comment on a proposed rule that would
implement Amendments 114/104,
following NMFS’ evaluation of the
proposed rule under the MagnusonStevens Act. Magnuson-Stevens Act
section 313 requires NMFS to provide a
60-day public comment period on the
proposed rule and conduct a public
hearing in each state represented on the
Council for the purpose of receiving
public comment on the proposed
regulations. The states represented on
the Council are Alaska, Oregon, and
Washington. NMFS will conduct a
public hearing in each of these states
(see DATES).
People wanting to make an oral
statement for the record at the public
hearing are encouraged to provide a
written copy of their statement and
present it to NMFS at the hearing. If
attendance at the public hearing is large,
the time allotted for individual oral
statements may be limited. Oral and
written statements receive equal
consideration. There are no limits on
the length of written comments
submitted to NMFS.
Respondents do not need to submit
the same comments on Amendments
114/104, the proposed rule, and at a
public hearing. All relevant written and
oral comments received by the end of
the applicable comment period, whether
specifically directed to the FMP
amendments, this proposed rule, or
both, will be considered by NMFS in the
approval/disapproval decision for
Amendments 114/104 and addressed in
the response to comments in the final
decision. Comments received after end
of the applicable comment period will
not be considered in the approval/
disapproval decision on Amendments
114/104. To be considered, comments
must be received, not just postmarked or
otherwise transmitted, by the last day of
the comment period (see DATES).
Authority: 16 U.S.C. 1801 et seq.
Dated: March 6, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–04716 Filed 3–9–17; 8:45 am]
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[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Proposed Rules]
[Pages 13302-13304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04716]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
RIN 0648-BG54
Fisheries of the Exclusive Economic Zone Off Alaska; Integrating
Electronic Monitoring Into the North Pacific Observer Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of fishery management plan amendments;
request for comments; notice of public hearing.
-----------------------------------------------------------------------
SUMMARY: The North Pacific Fishery Management Council submitted
Amendment 114 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area and Amendment 104 to
the Fishery Management Plan for Groundfish of the Gulf of Alaska
(collectively referred to as the FMPs) to the Secretary of Commerce
(Secretary) for review. If approved, Amendments 114/104 would integrate
electronic monitoring into the North Pacific Observer Program. This
action is necessary to improve the collection of data necessary for the
conservation, management, and scientific understanding of managed
fisheries. Amendments 114/104 are intended to promote the goals and
objectives of the Magnuson-Stevens Fishery Conservation and Management
Act, the FMPs, and other applicable laws.
DATES: Comments must be received no later than May 9, 2017.
Per section 313 of the Magnuson-Stevens Act, NMFS will conduct
public hearings to accept oral and written comments on the proposed
rule in Oregon, Washington, and Alaska during the public comment
period.
The first public hearing will be held in conjunction with the April
meeting of the North Pacific Fishery Management Council on April 6,
2017, 6 p.m. to 8 p.m., Alaska local time, at the Hilton Hotel, 500 W
3rd Ave., Anchorage, AK 99501.
The second public hearing will be on April 18, 2017, 10 a.m. to 12
p.m., Pacific daylight time, at the International Pacific Halibut
Commission office, 2320 West Commodore Way, Suite 300, Seattle, WA
98199.
The third public hearing will be held on April 19, 2017, 1 p.m. to
3 p.m., Pacific daylight time, at the Hatfield
[[Page 13303]]
Marine Science Center, Lavern Weber Room, 2030 SE Marine Science Drive,
Newport, OR 97365.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2016-0154, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0154, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau,
AK 99802-1668.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of Amendments 114 and 104 and the Draft
Environmental Assessment/Regulatory Impact Review prepared for this
action (collectively the ``Analysis'') may be obtained from
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Gretchen Harrington or Jennifer
Watson, 907-586-7228.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires that each regional
fishery management council submit any fishery management plan amendment
it prepares to NMFS for review and approval, disapproval, or partial
approval by the Secretary of Commerce. The Magnuson-Stevens Act also
requires that NMFS, upon receiving a fishery management plan amendment,
immediately publish a notice in the Federal Register announcing that
the amendment is available for public review and comment. This notice
announces that proposed Amendments 114/104 to the FMPs are available
for public review and comment.
NMFS manages the groundfish fisheries in the exclusive economic
zone under the FMPs. The North Pacific Fishery Management Council
(Council) prepared the FMPs under the authority of the Magnuson-Stevens
Act, 16 U.S.C. 1801 et seq. Regulations governing U.S. fisheries and
implementing the FMP appear at 50 CFR parts 600 and 679.
Amendments 114/104 to the FMPs would amend the Council's fisheries
research plan prepared under the authority of section 313 of the
Magnuson-Stevens Act. NMFS published regulations implementing the plan
on November 21, 2012 (77 FR 70062). The Council's fisheries research
plan is implemented through the North Pacific Observer Program
(Observer Program) and its purpose is to collect data necessary for the
conservation, management, and scientific understanding of the
groundfish and halibut fisheries off Alaska.
In December 2016, the Council adopted Amendments 114/104 to
integrate electronic monitoring (EM) into the Observer Program. The
Observer Program is an integral component in the management of North
Pacific fisheries. The Observer Program provides the regulatory
framework for NMFS-certified observers (observers) to be deployed
onboard vessels to obtain information necessary for the conservation
and management of the groundfish fisheries, and, although not managed
under the FMPs, the halibut fisheries. The information collected by
observers contributes to the best available scientific information used
to manage the fisheries in furtherance of the purposes and national
standards of the Magnuson-Stevens Act. Observers collect biological
samples and information on total catch, including bycatch, and
interactions with protected species. Managers use data collected by
observers to manage groundfish catch and bycatch limits established in
regulation and to document fishery interactions with protected
resources. Managers also use data collected by observers to inform the
development of management measures that minimize bycatch and reduce
fishery interactions with protected resources. Scientists use observer-
collected data for stock assessments and marine ecosystem research.
In 2013, the Council and NMFS restructured the Observer Program to
address longstanding concerns about statistical bias of observer-
collected data and cost inequality among fishery participants with the
funding and deployment structure under the previous Observer Program
(77 FR 70062, November 21, 2012). The restructured Observer Program
established two observer coverage categories: Partial and full. All
groundfish and halibut vessels and processors are included in one of
these two categories. The partial coverage category includes fishing
sectors (vessels and processors) that are not required to have an
observer at all times. The partial coverage category includes catcher
vessels, shoreside processors, and stationary floating processors when
they are not participating in a catch share program with a
transferrable prohibited species catch limit. Small catcher/processors
that meet certain criteria are also in the partial coverage category.
Proposed Amendments 114/104 are designed to integrate EM in the partial
coverage category and would not change provisions in the FMP that apply
to the full coverage category.
NMFS contracts with an observer provider and determines when and
where observers are deployed, based on a scientific sampling design for
the partial coverage category. The restructured Observer Program
created a new observer funding system to fund observer deployment in
the partial coverage category. Vessels and processors in the partial
coverage category pay a fee equal to1.25 percent of the fishery ex-
vessel value.
The restructured Observer Program includes vessel sectors (the
halibut sector and the less than 60 ft. length overall (LOA) groundfish
sector) that were not subject to any observer requirements under the
previous program. Even before implementing the restructured Observer
Program, many vessel owners and operators new to the Observer Program
were opposed to carrying an observer (77 FR 70062, November 21, 2012).
Vessel owners and operators explained that there is limited space on
board for an additional person or limited space in the vessel's life
raft. Some vessel owners, operators, and industry representatives
advocated for the use of EM instead of having an observer on board
their vessels. To address their concerns, the Council and NMFS have
been actively engaged in developing EM as a tool to collect fishery
data.
In 2013, NMFS developed, and the Council adopted, the Strategic
Plan for Electronic Monitoring and Electronic Reporting in the North
Pacific to guide integration of monitoring technologies into North
Pacific fisheries management and provide goals and benchmarks to
evaluate attainment of goals (available on the Alaska Fisheries Science
Center Web site at https://www.afsc.noaa.gov/Publications/AFSC-TM/NOAA-TM-AFSC-276.pdf).
In 2014, the Council appointed an EM Workgroup to develop an EM
program
[[Page 13304]]
to integrate into the Observer Program. The EM Workgroup provides a
forum for stakeholders, including the commercial fishery participants,
NMFS, Alaska Department of Fish and Game, and EM service providers, to
cooperatively and collaboratively design, test, and develop EM systems,
and to identify key decision points related to operationalizing and
integrating EM systems into the Observer Program in a strategic manner.
Amendments 114/104 reflect the design and recommendations of the EM
Workgroup. Additional information on the work of the EM Workgroup is
provided in the Analysis (see ADDRESSES).
The Council and NMFS developed EM for data collection for vessels
that use nontrawl gear in the partial coverage category to address
their desire for an alternative way to collect fisheries data in
consideration of the operating requirements of these fisheries.
Nontrawl gear fishery participants identified unique issues with
carrying an observer. Vessel owners and operators explained that there
is limited space onboard for an additional person or limited space in
the vessel's life raft. EM has the potential to reduce economic and
operational costs associated with deploying human observers throughout
coastal Alaska. Through the use of EM, it may be possible to obtain at-
sea data from a broader cross-section of the nontrawl gear fleet at
lower cost and increase flexibility to respond to the scientific and
management needs of these fisheries.
Proposed Amendments 114/104 would revise the FMPs to include
provisions for the use of EM systems in the Executive Summary, Section
3.2.4, Section 3.9, and Appendix A. Under proposed Amendments 114/104,
owners or operators of vessels using nontrawl gear in the partial
coverage category would be able to choose to use an EM system instead
of carrying an observer. An EM system uses cameras, a video storage
devise, and associated sensors to passively record and monitor fishing
activities. The video is reviewed by an analyst onshore at a later time
to collect catch and effort information.
NMFS would contract with an EM service provider to install EM
systems on vessels. NMFS would use a portion of the fee revenues to
fund EM systems and EM deployment under proposed Amendments 114/104, as
authorized by section 313 of the Magnuson-Stevens Act.
The EM service provider would work with the vessel owner or
operator to develop the vessel monitoring plan. The vessel monitoring
plan would describe how fishing operations on the vessel would be
conducted and how the EM system and associated equipment would be
configured to meet the data collection objectives and purpose of the EM
program. The proposed rule to implement proposed Amendments 114/104
provides the details of the responsibilities of vessel owners or
operators if they decide to participate in EM.
Owners or operators of vessels using nontrawl gear could request to
be in the EM selection pool. During the fishing year, NMFS would
randomly select vessels in the EM selection pool to use an EM system on
a fishing trip according to the sampling design in the annual
deployment plan (ADP). The ADP would describe how NMFS plans to deploy
observers on vessels in the partial coverage category in the upcoming
year, to determine the criteria for the EM selection pool and to deploy
EM on fishing trips in the upcoming year. NMFS uses the sampling design
to generate unbiased estimates of total and retained catch, and catch
composition in the groundfish and halibut fisheries. NMFS would make
adjustments to the ADP each year after NMFS conducts a scientific
evaluation of data collected by observers and EM systems to evaluate
the impact of changes in observer and EM system deployment and identify
areas where improvements are needed to collect the data necessary to
conserve and manage the groundfish and halibut fisheries. The Council
and its Scientific and Statistical Committee (SSC) review the ADP each
October, receive public comments on the ADP, and make additional
recommendations for improvements. NMFS finalizes the ADP in December
and releases it prior to the start of the fishing year. NMFS posts the
ADP on the NMFS Alaska Region Web site (https://alaskafisheries.noaa.gov).
Each year, NMFS would also evaluate in the Annual Report how well
various aspects of the Observer Program and the EM deployment are
achieving program goals, identify areas where improvements are needed,
and make recommendations to modify the sampling design in the upcoming
ADP. The SSC and Council review the Annual Report each June, and
receive public comments on the Annual Report, and make additional
recommendations for improvements. NMFS posts the Annual Report on the
NMFS Alaska Region Web site (https://alaskafisheries.noaa.gov).
NMFS is soliciting public comments on proposed Amendments 114/104
through the end of the comment period (see DATES). NMFS intends to
publish in the Federal Register and seek public comment on a proposed
rule that would implement Amendments 114/104, following NMFS'
evaluation of the proposed rule under the Magnuson-Stevens Act.
Magnuson-Stevens Act section 313 requires NMFS to provide a 60-day
public comment period on the proposed rule and conduct a public hearing
in each state represented on the Council for the purpose of receiving
public comment on the proposed regulations. The states represented on
the Council are Alaska, Oregon, and Washington. NMFS will conduct a
public hearing in each of these states (see DATES).
People wanting to make an oral statement for the record at the
public hearing are encouraged to provide a written copy of their
statement and present it to NMFS at the hearing. If attendance at the
public hearing is large, the time allotted for individual oral
statements may be limited. Oral and written statements receive equal
consideration. There are no limits on the length of written comments
submitted to NMFS.
Respondents do not need to submit the same comments on Amendments
114/104, the proposed rule, and at a public hearing. All relevant
written and oral comments received by the end of the applicable comment
period, whether specifically directed to the FMP amendments, this
proposed rule, or both, will be considered by NMFS in the approval/
disapproval decision for Amendments 114/104 and addressed in the
response to comments in the final decision. Comments received after end
of the applicable comment period will not be considered in the
approval/disapproval decision on Amendments 114/104. To be considered,
comments must be received, not just postmarked or otherwise
transmitted, by the last day of the comment period (see DATES).
Authority: 16 U.S.C. 1801 et seq.
Dated: March 6, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2017-04716 Filed 3-9-17; 8:45 am]
BILLING CODE 3510-22-P
