Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Vessel Movement, Monitoring, and Declaration Management for the Pacific Coast Groundfish Fishery, 54579-54584 [2019-21954]
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules
of Ownership Interest Form (see
paragraph (e)(1)(iv) of this section). The
lender must make subsequent annual
submissions of the letter and Trawl
Identification of Ownership Interest
Form to maintain the exception. Letters
requesting the exception and complete
Trawl Identification of Ownership
Interest Forms may be submitted to
NMFS, West Coast Region, Permits
Office, ATTN: Fisheries Permit Office,
Bldg. 1, 7600 Sand Point Way NE,
Seattle, WA 98115. NMFS will only
accept complete applications.
(H) The person or entity has the
ability through any means whatsoever to
control or have a controlling influence
over the entity to which a permit
associated QS is registered, with the
exception of those activities allowed
under paragraphs (h)(5)(v)(C) and (G) of
this section.
[FR Doc. 2019–21894 Filed 10–9–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 191002–0053]
RIN 0648–BI45
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Vessel Movement, Monitoring, and
Declaration Management for the
Pacific Coast Groundfish Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule, request for
comments.
AGENCY:
NMFS proposes revisions to
reporting and monitoring provisions for
vessels participating in the Pacific Coast
groundfish fishery. This proposed
action would: Increase the position
transmission rate for certain vessels
using NMFS type-approved vessel
monitoring system units, including
limited entry groundfish vessels, open
access vessels using non-groundfish
trawl gear (ridgeback prawn, California
halibut, and sea cucumber trawl), and
any vessels that use open access gear
targeting groundfish or that have
groundfish bycatch (salmon troll, prawn
trap, Dungeness crab, halibut longline,
California halibut line gear, and
sheephead trap); allow midwater trawl
vessels participating in the Pacific
whiting fishery to change their landing
SUMMARY:
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declarations while at sea; exempt
groundfish trawl vessels from observer
coverage while testing authorized
fishing gear; and allow shorebased
Individual Fishing Quota fixed gear
vessels to deploy pot gear in one
management area while retrieving gear
from another management area on a
single trip. The proposed action will
increase monitoring efficiency and
effectiveness, improve enforcement of
restricted areas, and increase
operational flexibility for groundfish
fishery participants.
Comments on this proposed rule
must be received on or before November
12, 2019.
DATES:
Submit your comments,
identified by NOAA–NMFS–2019–0093,
by any of the following methods:
• Online Submission: Go to the
Federal e-Rulemaking Portal at
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190093, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Shannon Penna, Fishery Management
Specialist, West Coast Region, NMFS,
501 West Ocean Blvd., Suite 4200, Long
Beach, CA 90802–4213.
NMFS may not consider comments if
they are sent by any other method, to
any other address or individual, or
received after the comment period ends.
All comments received are a part of the
public record and NMFS will post the
comments for public viewing on
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender is publicly
accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, or Adobe PDF file formats
only.
Copies of the analytic document
supporting this action, are available via
the Federal eRulemaking Portal: https://
www.regulations.gov, docket NOAA–
NMFS–2019–0093, or by contacting the
Pacific Fisheries Management Council,
7700 NE Ambassador Place, Suite 101,
Portland, OR 97220–1384.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Shannon Penna, Fishery Management
Specialist, 562–980–4238, or
shannon.penna@noaa.gov.
SUPPLEMENTARY INFORMATION:
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Background
Between September 2014 and April
2016, the Pacific Fishery Management
Council (Council) developed and
considered management measures to
address a range of vessel and gear
movement issues and aggregated these
issues under a single vessel movement
monitoring agenda item. Additional
details about the Council’s
considerations are included in the
Council’s analytic document (see
ADDRESSES), and included in the
discussion of individual measures
below.
The Council deemed the proposed
regulations consistent with and
necessary to implement this action in a
July 17, 2019, letter from Council
Executive Director, Chuck Tracy, to
Regional Administrator Barry Thom.
Under the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), NMFS is
required to publish proposed rules for
comment after preliminarily
determining whether they are consistent
with applicable law. We are seeking
comment on the Council’s proposed
measures in this action and whether
they are consistent with the Pacific
Coast Groundfish Fishery Management
Plan, the Magnuson-Stevens Act and its
National Standards, and other
applicable law.
Summary of the Proposed Regulations
This section discusses proposed
regulatory revisions that are expected to
increase NMFS’s ability to enforce
fishing activity in and around restricted
areas, and result in cost savings,
increased profitability, and flexibility
for the groundfish fishery. The proposed
measures would:
• Increase the position transmission
rate requirements for certain vessels
using NOAA NMFS type-approved
vessel monitoring system (VMS) units;
• Amend the definition for
continuous transit;
• Allow midwater trawl vessels
participating in the Pacific whiting
fishery to change their landing
declarations while at sea;
• Exempt groundfish trawl vessels
from observer coverage while testing
authorized fishing gear; and,
• Allow shorebased Individual
Fishing Quota (IFQ) fixed gear vessels to
retrieve pot gear in one management
area and deploy that gear in another
management area on a single trip.
A. Increased Position Transmission Rate
for Groundfish VMS
Vessels participating in the limited
entry groundfish fishery (limited entry
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‘‘A’’ endorsed permit), open access
vessels using non-groundfish trawl gear
(ridgeback prawn, California halibut,
and sea cucumber trawl), and any
vessels that use open access gear
targeting groundfish or that have
groundfish bycatch (salmon troll, prawn
trap, Dungeness crab, halibut longline,
California halibut line gear, and
sheephead trap), are required to install
a NMFS Office of Law Enforcement
(OLE) type-approved mobile transceiver
unit and to arrange for a NMFS OLE
type-approved communications service
provider to receive and relay
transmissions to NMFS OLE prior to
fishing. These units automatically
record a vessel’s position (i.e., the
vessel’s geographic location in latitude
and longitude coordinates), and
transmit those coordinates to a
communications service provider. The
current regulations require that VMS
units transmit a vessel’s position once
every hour, 24 hours a day throughout
the fishing year. Less frequent position
reporting, at least once every four hours,
may be authorized when a vessel has
temporarily paused participation in the
fishery and remains in port for an
extended period of time. The VMS units
record vessel positions at a random time
during each hour so that vessel
operators are unaware of when the
vessel position is being recorded.
An Initial Decision in a 2013
enforcement case (NOAA Case No.
SW1002974) concluded that the current
requirement of hourly position reports
was insufficient to prove that a vessel
was not operating in continuous transit
through a restricted area as required by
regulation. While the raw data from the
VMS communications provider in the
case did provide reliable information
about vessel location and speed, it only
accounted for a five second period out
of each hour.
The Council recommended increasing
the vessel position frequency to increase
NMFS’s ability to enforce fishing
activity around restricted areas. This
proposed action would require an
increase in the position transmission
rate to every 15 minutes per hour for
groundfish vessels using NMFS typeapproved VMS units. This increase in
frequency would produce more course,
location, and speed data to improve
NMFS’s ability to identify whether
vessels are continuously transiting in
restricted areas or not.
Increasing the VMS position
transmission rate from once every hour
to every 15 minutes will increase vessel
operating costs. While vessels can
choose from a variety of VMS service
providers, the average monthly
operating costs for transmissions every
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15 minutes is $105 per month ($69 to
$150 range) compared to an average of
$50 per month ($37 to $65 range) for a
single transmission per hour.
The Council recommended two
exemptions that would reduce
redundant reporting and may provide
cost savings to some portions of the
fleet. For the first exemption, vessels
that have installed and are using
electronic monitoring (EM) systems for
the duration of the fishing year would
be allowed to maintain the current
position transmission rate of one
transmission per hour. EM systems
include a Global Positioning System
(GPS) that records the vessel position
every 10 seconds. Because EM systems
record vessel positions so frequently, it
is not necessary to also increase the
VMS position transmission rates. The
GPS data are recorded to a hard drive,
which the captain removes every 10
days and mails to the Pacific States
Marine Fisheries Commission. For the
second exemption, limited entry trawl
vessels fishing with midwater trawl gear
would be allowed to maintain the
current position transmission rate of one
transmission per hour. Limited entry
vessels are only allowed to use
midwater trawl gear to target whiting or
non-whiting groundfish species during
the primary whiting season from May 15
to December 31 each year. These vessels
are also limited to using midwater trawl
gear seaward of the trawl rockfish
conservation area (RCA) south of 40°10′
North (N), but can use midwater trawl
gear anywhere within the Exclusive
Economic Zone north of 40°10′ N.
Because there are only very broad
seasonal and area restrictions associated
with midwater trawl gear, and because
these vessels are not generally subject to
smaller geographic areas restrictions
such as the trawl RCA and essential fish
habitat conservation areas (EFHCAs) the
increased position transmission rate is
not necessary for restricted area
enforcement for vessels using midwater
trawl gear. Limited entry vessel
operators would be allowed to change
their transmission rates or VMS
declaration reports on a trip-by-trip
basis when necessary.
B. Continuous Transit Definition
Vessels are allowed to continuously
transit through restricted areas, such as
EFHCA, and restricted areas, when
fishing gear is properly stowed and the
vessel is on a direct course. This action
proposes to revise the current definition
of ‘‘continuous transiting or transit
through’’ to encompass a broader array
of vessel activity that is akin to loitering
within a restricted area, whether that be
by means of a source of power or by
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drifting with the prevailing water
current or weather conditions. Under
this revised definition, visual,
electronic, or other evidence of vessel
activity should provide information on
vessel speed and course sufficient to
indicate direct and expeditious
transiting of a restricted area.
C. Exemption From Observer Coverage
While Testing Gear
Groundfish vessels participating in
the Shorebased IFQ Program, the
Mothership (MS) Coop Program, or the
Catcher/processor (C/P) Coop Program
are required to have 100 percent
observer coverage when fishing.
Currently, when fishermen want to test
their fishing gear during an open or
closed season, they must contact the
West Coast Groundfish Observer
Program (WCGOP) prior to departure.
Although gear testing does not usually
involve the retention of fish, it falls
under the definition of fishing as
defined in the Magnuson-Stevens Act.
These vessels sometimes inquire if
certain gear testing situations are
considered fishing activity and if they
are required to carry an observer. NMFS
has previously reviewed these on a caseby-case basis.
Vessels with a NMFS required
positioning system (VMS, EM) installed
must also notify NMFS OLE which
fishery or sector they will be
participating in with a declaration. This
declaration allows NMFS OLE to
determine the restricted area closures
with which the vessel is required to
comply and whether the vessel is in
compliance with restricted area
regulations, based on the vessel’s course
as transmitted from the VMS unit. Other
than EM, there is currently no way to
remotely confirm that a vessel is testing
fishing gear, and not engaged in fishing
activity.
This action would establish a
definition for gear testing. The proposed
definition states that gear testing is the
deployment of lawful gear without
retaining fish, for purposes, including,
but not limited to: Deployment of nets
using open codends; calibration of
engines and transmission under load
(i.e., towing a net with an open codend);
deployment of wire and/or doors;
testing new electronic equipment
associated with deploying fishing gear;
and testing and calibration of newly
installed propulsion systems (i.e.,
engine, transmission, shaft, propeller,
etc.). NMFS welcomes comments on the
sufficiency of this definition, and
recommendations to refine and clarify
the types of activity that would qualify
for gear testing.
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This action would also exempt
groundfish vessels participating in the
Shorebased IFQ, MS, and C/P sectors
from the requirement to carry an
observer while testing gear. A vessel
would not need an observer because
gear testing activity would specifically
prohibit retaining fish. In addition to
being prohibited from retaining fish
while gear testing, vessels would be
prohibited from testing experimental
gear, testing with a closed codend,
terminal gear, or with open pots, and
from testing gear in groundfish
conservation areas or EFHCAs.
To be exempted from observer
coverage while testing gear, vessels
would need to communicate with both
WCGOP and NMFS OLE. Vessels would
be required to notify WCGOP by phone:
or email, of the gear testing activity at
least 48 hours prior to departing on a
trip to test gear or equipment. This
action would also add a VMS
declaration code for ‘‘Gear testing.’’
When a vessel operator calls the West
Coast Groundfish Declaration Line to
declare ‘‘Gear testing,’’ the VMS
technician would review the
information submitted and determine if
the vessel is eligible for this declaration.
This measure would result in observer
coverage cost savings on trips to test
fishing gear or equipment.
D. Declaration Changes at Sea for
Whiting Fishery
Currently, midwater catcher trawl
vessels participating in the Pacific
whiting fishery are restricted to landing
either at a mothership or shoreside
processor. After Pacific whiting catcher
vessels have made their delivery
obligation to a mothership, they are not
allowed to make a tow for a delivery to
a shoreside processor without returning
to port first. This proposed regulatory
revision would remove restrictions on
catcher vessels to allow them to change
their declarations while at sea by calling
the West Coast Groundfish Declaration
Line. After a vessel offloads onto a
mothership, it could immediately
change its declaration from one of the
‘‘Pacific whiting mothership sector’’
declarations to one of the ‘‘Pacific
whiting shorebased IFQ’’ declarations to
make a tow and offload on shore, or vice
versa.
Allowing vessels to change their
declarations at sea would provide a
vessel the opportunity to optimize
available resources before returning to
port. As a result, vessels will spend less
time at sea, and in transit to and from
fishing ports, which will ultimately
reduce the cost of fuel and crew.
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E. Movement of IFQ Fishpot Gear Across
Management Lines
At the time the Council selected final
alternatives for this rule, vessels fishing
in the shorebased IFQ program using
fixed gear (i.e., pot gear) were prohibited
from moving gear from one management
area to another during a single trip. The
area of operation of the shorebased IFQ
fixed gear fishery stretches along the
entire west coast and is divided into
four management areas (50 CFR
660.140). Vessels were required to land
catch from a single management area
prior to returning to deploying gear in
a different management area. In
addition, fish caught from one
management area could not be on board
while in a different management area
from which they were caught. For
example, if a fisherman retrieves fixed
gear in area B, they could land their fish
from area B before deploying that gear
in area C.
The prohibition on harvesting fish in
two management areas during a single
trip was put into place because the area
of harvest is an important element in
stock assessment. In addition,
allocations to different fishing fleets and
gear types stem from area-based stock
management. However, this prohibition
had negative impacts on fishery
participants. For example, unlike trawl
and longline vessels who can stow all of
their gear on deck, pot gear vessels may
have to make multiple trips to move
their gear from one management area to
the next. Some vessel owners report that
the prohibition is expensive to their
operations, particularly for those owners
that fish out of ports in close proximity
to a management line.
The revised regulations would
explicitly allow vessels retrieving pots
from one management area to retain
their catch on board and move to a
second management area to deploy pots.
These pots may be either baited or not
baited. The vessel may then return to
port to deliver their fish, then return to
retrieve their pots from the second
management area. Although the
proposed adjustment increases
operational flexibility in deploying pots,
vessels are still only permitted to retain
and land fish from a single management
area. This will ensure the integrity of
data to support stock assessments and
catch monitoring for a single
management area. Overall, fishing
vessels will spend less time at sea,
which should reduce the cost of fishing.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has made a
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preliminary determination that this
proposed rule is consistent with the
Pacific Coast Groundfish FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law. In
making the final determination, NMFS
will consider the data, views, and
comments received during the public
comment period.
The Office of Management and Budget
has determined that this proposed rule
is not significant for purposes of
Executive Order (E.O.) 12866.
Pursuant to Executive Order 13175,
this proposed rule was developed after
meaningful consultation and
collaboration with tribal officials from
the area covered by the PCGFMP. Under
the Magnuson-Stevens Act at 16 U.S.C.
1852(b)(5), one of the voting members of
the Pacific Council must be a
representative of an Indian tribe with
federally recognized fishing rights from
the area of the Council’s jurisdiction.
This proposed rule does not contain
policies with Federalism or ‘‘takings’’
implications as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
An initial regulatory flexibility
analysis (IRFA) was prepared for this
action, as required by section 603 of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 603). The IRFA describes the
economic impact this proposed rule, if
adopted, would have on small entities.
A summary of the IRFA follows. A copy
of the IRFA is available from NMFS (see
ADDRESSES). When an agency proposes
regulations, the RFA requires the agency
to prepare and make available for public
comment an IRFA that describes the
impact on small businesses, non-profit
enterprises, local governments, and
other small entities. The IRFA is to aid
the agency in considering all reasonable
regulatory alternatives that would
minimize the economic impact on
affected small entities.
Description of the Reasons Why Action
By the Agency Is Being Considered and
Statement of the Objectives of, and
Legal Basis for, This Action
A description of the action, why it is
being considered, and the legal basis for
this action is contained in the SUMMARY
section and at the beginning of the
SUPPLEMENTARY INFORMATION section of
the preamble, and is not repeated here.
Description and Estimate of the Number
of Small Entities To Which This
Proposed Rule Would Apply
For RFA purposes only, NMFS
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
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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.
For the purposes of our Regulatory
Flexibility Act (RFA) analysis, the
proposed action is considered to
regulate ownership entities that are
potentially affected by the action. The
U.S. Small Business Association (SBA)
established criteria for business in the
fishery sector to qualify as small
entities. Limited entry groundfish
vessels directly regulated by this action
are required to renew a permit annually,
and the application asks for entity size
including affiliation. Of those who
responded as being large entities, 15
permits owned by 9 large entities were
attached to vessels that participated in
bottom trawl or fixed gear groundfish
fisheries in 2018 and are the most likely
to be impacted by the rule.
Of the 571 vessels impacted by this
rule, none had annual ex-vessel revenue
on the West Coast (participation in other
fisheries is not known) greater than the
NMFS $11 million size standard. The
top three revenue vessels, all in the IFQ
fishery, had an average revenue of $1.9
million in 2018 in all West Coast
fisheries. In contrast, the bottom ten
earning vessels had revenues in all West
Coast fisheries of less than $1,000.
Description of the Proposed Reporting,
Record-Keeping, and Other Compliance
Requirements of This Proposed Rule
This action contains a revision to an
information collection requirement,
which has been approved by the Office
of Management and Budget (OMB)
under OMB Control Number 0648–0573:
West Coast Region Vessel Monitoring
System Requirement for the Pacific
Groundfish Fishery. This action
proposes to adjust the position
transmissions rate for certain vessels
using NMFS type-approved vessel
monitoring system units, including
limited entry groundfish vessels, open
access vessels using non-groundfish
trawl gear (ridgeback prawn, California
halibut, and sea cucumber trawl), and
any vessels that use open access gear
targeting groundfish or that have
groundfish bycatch (salmon troll, prawn
trap, Dungeness crab, halibut longline,
California halibut line gear, and
sheephead trap). Vessel owners would
be required to increase their position
transmission rate from once per hour to
four times per hour. Vessels that are
operating with electronic monitoring
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will be exempt from this increase and
allowed to continue with a rate of four
times per hour.
The proposed action would add a
declaration for gear testing so vessels
will be exempt from observer coverage
while testing gear and restricted from
harvesting fish, and allow Groundfish
midwater trawl vessels participating in
the Shorebased IFQ Program and the MS
Coop Program, to make a new
declaration from sea and allowed to
make a tow for a delivery to a shoreside
processor without returning to port first.
The numbers of declaration reports the
vessel operator is required to submit to
NMFS would not change under this
request. Therefore, no small entity
would be subject to additional reporting
requirements.
Public comment is sought regarding
the following: Whether this proposed
collection of information is necessary
for the proper performance of agency
functions, 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 the Regional
Administrator (see ADDRESSES), and
email to OIRA_Submission@
omb.eop.gov or fax to 202–395–7285.
Notwithstanding any other provision
of the law, no person is required to
respond to, 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.
Federal Rules Which May Duplicate,
Overlap, or Conflict With This Proposed
Rule
There are no relevant Federal rules
that may duplicate, overlap, or conflict
with this action.
Description of Significant Alternatives
to the Proposed Action Which
Accomplish the Stated Objectives of
Applicable Statutes and Which
Minimize Any Significant Economic
Impact on Small Entities
NMFS considered sub alternatives to
the proposed rule that may have
minimized significant economic impact,
but not meet stated objectives of
applicable statutes. The Council briefly
considered increasing the position
transmission signal to every 30 minutes
or every 20 minutes, but rejected those
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alternatives from further analysis
because those position transmission
signals may not be frequent enough to
provide information to enforce small
restricted areas, or provide enough
information to calculate a vessel’s
course for enforcement of continuous
transit requirements.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian
Fisheries.
Dated: October 3, 2019.
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 660 is proposed
to be amended as follows:
PART 660–-FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq., 16
U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
2. In § 660.11, revise the definition of
‘‘Continuous transiting or transit
through’’ and add the definition of
‘‘Gear Testing’’ in alphabetical order, to
read as follows:
■
§ 660.11
General Definitions
*
*
*
*
*
Continuous transiting or transit
through means that a vessel crosses a
groundfish conservation area or EFHCA
on a heading as nearly as practicable to
a direct route, consistent with
navigational safety, while maintaining
expeditious headway throughout the
transit without loitering or delay.
*
*
*
*
*
Gear Testing means the deployment
of lawful gear without retaining fish, for
the following purposes, including, but
not limited to: Deployment of nets using
open codends; calibration of engines
and transmission under load (i.e.,
towing a net with an open codend);
deployment of wire and/or doors;
testing new electronic equipment
associated with deploying fishing gear;
and testing and calibration of newly
installed propulsion systems (i.e.,
engine, transmission, shaft, propeller,
etc.).
*
*
*
*
*
■ 3. In § 660.13, revise paragraphs
(d)(1)(ii) and (d)(4)(iv)(A)(30) to read as
follows:
§ 660.13
*
Recordkeeping and reporting.
*
*
(d) * * *
(1) * * *
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(ii) Limited entry midwater trawl
vessels targeting Pacific whiting may
change their declarations while at sea
between the Pacific whiting shorebased
IFQ sector and the mothership sector as
specified at paragraph (4)(iv)(A) of this
section. The declaration must be made
to NMFS before a different sector is
fished.
*
*
*
*
*
(4) * * *
(iv) * * *
(A) * * *
(30) Gear testing.
*
*
*
*
*
■ 4. In § 660.14, revise paragraphs
(d)(1), (d)(2), (d)(3), and (d)(5) to read as
follows:
§ 660.14 Vessel Monitoring System (VMS)
requirements.
*
*
*
*
*
(d) * * *
(1) Obtain a NMFS OLE typeapproved mobile transceiver unit and
have it installed on board your vessel in
accordance with the instructions
provided by NMFS OLE. You may
obtain a copy of the VMS installation
and operation instructions from the
NMFS OLE West Coast Region, VMS
Program Manager upon request at 7600
Sand Point Way NE, Seattle, WA 98115–
6349, phone: 888–585–5518 or
wcd.vms@noaa.gov.
(2) Activate the mobile transceiver
unit, submit an activation report at least
72 hours prior to leaving port on a trip
in which VMS is required, and receive
confirmation from NMFS OLE that the
VMS transmissions are being received
before participating in a fishery
requiring the VMS. Instructions for
submitting an activation report may be
obtained from the NMFS OLE West
Coast Region, VMS Program Manager
upon request at 7600 Sand Point Way
NE, Seattle, WA 98115–6349, phone:
888–585–5518 or wcd.vms@noaa.gov.
An activation report must again be
submitted to NMFS OLE following
reinstallation of a mobile transceiver
unit or change in service provider before
the vessel may be used to fish in a
fishery requiring the VMS.
(3) Transceiver unit operation.
Operate and maintain the mobile
transceiver unit in good working order
continuously, 24 hours a day
throughout the fishing year, unless such
vessel is exempted under paragraph
(d)(4) of this section.
(i) Position frequency. The mobile
transceiver unit must transmit a signal
accurately indicating the vessel’s
position at least once every 15 minutes,
24 hours a day, throughout the year
unless an exemption in (ii) of this
paragraph applies or a valid exemption
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16:44 Oct 09, 2019
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report, as described in paragraph (d)(4)
of this section, has been received by
NMFS OLE. The signal indicating the
vessel’s position can consist of either: a
single position report transmitted every
15 minutes; or a series of position
reports, at no more than a 15 minute
interval, combined and transmitted at
least once every hour.
(ii) Exemptions to position frequency
requirement. (A) Electronic monitoring
exemption. If a vessel has an electronic
monitoring system installed and in use
for the duration of a given fishing year,
the mobile transceiver unit must
transmit a signal at least once every
hour.
(B) Midwater trawl exemption. If a
limited entry trawl vessel is fishing with
midwater trawl gear under declarations
(d)(4)(iv)(A), the mobile transceiver unit
must transmit a signal at least once
every hour.
(C) In port exemption. If a vessel
remains in port for an extended period
of time, the mobile transceiver unit
must transmit a signal at least once
every four hours. The mobile transceiver
unit must remain in continuous
operation at all times unless the vessel
is exempt under paragraph (d)(4) of this
section.
*
*
*
*
*
(5) When aware that transmission of
automatic position reports has been
interrupted, or when notified by NMFS
OLE that automatic position reports are
not being received, contact NMFS West
Coast Region, VMS Program Manager
upon request at 7600 Sand Point Way
NE, Seattle, WA 98115–6349, phone:
888–585–5518 or wcd.vms@noaa.gov
and follow the instructions provided to
you. Such instructions may include, but
are not limited to, manually
communicating to a location designated
by NMFS OLE the vessel’s position or
returning to port until the VMS is
operable.
*
*
*
*
*
■ 5. In § 660.112, revise paragraph
(a)(4), and add paragraphs (a)(7) and
(b)(1) (xvii) to read as follows:
§ 660.112
Trawl fishery—prohibitions.
*
*
*
*
*
(a) * * *
(4) Observers. (i) Fish in the
Shorebased IFQ Program, the MS Coop
Program, or the C/P Coop Program
without observer coverage unless
exempt from the observer coverage
requirement for gear testing activity and
have satisfied the declaration and
notification requirements, as described
in § 660.140(h), § 660.150(j), or
§ 660.160(g).
(ii) Fish in the Shorebased IFQ
Program, the MS Coop Program, or the
PO 00000
Frm 00059
Fmt 4702
Sfmt 4702
54583
C/P Coop Program if the vessel is
inadequate or unsafe for observer
deployment as described at § 660.12(e).
(iii) Fail to maintain observer
coverage in port as specified at
§ 660.140(h)(1)(i).
*
*
*
*
*
(7) Gear testing. (i) Retain fish while
gear testing.
(ii) Fish with a closed codend, use
terminal gear (i.e., hooks), or fish with
open pot gear while gear testing.
(iii) Test gear in groundfish
conservation areas described in
§ 660.70, or EFHCAs described in
§§ 660.76 through 660.79.
(iv) Test experimental gear, or any
other gear not currently approved for
groundfish fishing.
*
*
*
*
*
(b) * * *
(1) * * *
(xvii) When declared into the limited
entry groundfish non-trawl Shorebased
IFQ fishery, retain fish caught with
fixed gear in more than one IFQ
management area, specified at
§ 660.140(c)(1), on the same trip.
*
*
*
*
*
■ 6. In 660.140, add paragraphs (c)(2)
and (h)(1)(i)(A)(4) to read as follows:
§ 660.140
Shorebased IFQ Program.
*
*
*
*
*
(c) * * *
(2) A vessel using fixed gear declared
into the limited entry groundfish nontrawl Shorebased IFQ fishery may
deploy pot or trap gear in multiple IFQ
management areas on a trip provided
the vessel does not retrieve gear from
more than one IFQ management area
during a trip.
*
*
*
*
*
(h) * * *
(1) * * *
(i) * * *
(A) * * *
(4) Is exempt from the requirement to
maintain observer coverage as specified
in this paragraph (h) while gear testing
as defined in § 660.11. The vessel
operator must submit a valid declaration
for gear/equipment testing, as required
by § 660.13(d)(4)(iv)(A), and must notify
the Observer Program of the gear testing
activity at least 48 hours prior to
departing on a trip to test gear/
equipment.
*
*
*
*
*
■ 7. In 660.150, add paragraph
(j)(1)(i)(C) to read as follows:
§ 660.150
*
Mothership (MS) Coop Program.
*
*
(j) * * *
(1) * * *
(i) * * *
E:\FR\FM\10OCP1.SGM
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*
*
54584
Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules
(C) Gear testing exemption. Vessels
are exempt from the requirement to
maintain observer coverage as specified
in this paragraph (j) while gear testing
as defined at § 660.11. The vessel
operator must submit a valid declaration
for gear/equipment testing, as required
by § 660.13(d)(4)(iv)(A), and must notify
the Observer Program of the gear testing
activity at least 48 hours prior to
departing on a trip to test gear/
equipment.
*
*
*
*
*
VerDate Sep<11>2014
16:44 Oct 09, 2019
Jkt 250001
8. In 660.160, add paragraph (g)(1)(iv)
to read as follows:
■
§ 660.160 Catcher/processor (C/P) Coop
Program.
*
*
*
*
*
(g) * * *
(1) * * *
(iv) Gear testing exemption. Vessels
exempt from the requirement to
maintain observer coverage as specified
in this paragraph (g) while gear testing
as defined at § 660.11. The vessel
PO 00000
Frm 00060
Fmt 4702
Sfmt 9990
operator must submit a valid declaration
for gear/equipment testing, as required
by § 660.13(d)(4)(iv)(A), and must notify
the Observer Program of the gear testing
activity at least 48 hours prior to
departing on a trip to test gear/
equipment.
*
*
*
*
*
[FR Doc. 2019–21954 Filed 10–9–19; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\10OCP1.SGM
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Agencies
[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Proposed Rules]
[Pages 54579-54584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21954]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 191002-0053]
RIN 0648-BI45
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Vessel Movement, Monitoring, and Declaration Management for the Pacific
Coast Groundfish Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule, request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes revisions to reporting and monitoring provisions
for vessels participating in the Pacific Coast groundfish fishery. This
proposed action would: Increase the position transmission rate for
certain vessels using NMFS type-approved vessel monitoring system
units, including limited entry groundfish vessels, open access vessels
using non-groundfish trawl gear (ridgeback prawn, California halibut,
and sea cucumber trawl), and any vessels that use open access gear
targeting groundfish or that have groundfish bycatch (salmon troll,
prawn trap, Dungeness crab, halibut longline, California halibut line
gear, and sheephead trap); allow midwater trawl vessels participating
in the Pacific whiting fishery to change their landing declarations
while at sea; exempt groundfish trawl vessels from observer coverage
while testing authorized fishing gear; and allow shorebased Individual
Fishing Quota fixed gear vessels to deploy pot gear in one management
area while retrieving gear from another management area on a single
trip. The proposed action will increase monitoring efficiency and
effectiveness, improve enforcement of restricted areas, and increase
operational flexibility for groundfish fishery participants.
DATES: Comments on this proposed rule must be received on or before
November 12, 2019.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2019-0093, by
any of the following methods:
Online Submission: Go to the Federal e-Rulemaking Portal
at www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0093, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Shannon Penna, Fishery
Management Specialist, West Coast Region, NMFS, 501 West Ocean Blvd.,
Suite 4200, Long Beach, CA 90802-4213.
NMFS may not consider comments if they are sent by any other
method, to any other address or individual, or received after the
comment period ends. All comments received are a part of the public
record and NMFS will post the comments for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender is publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Copies of the analytic document supporting this action, are
available via the Federal eRulemaking Portal: https://www.regulations.gov, docket NOAA-NMFS-2019-0093, or by contacting the
Pacific Fisheries Management Council, 7700 NE Ambassador Place, Suite
101, Portland, OR 97220-1384.
FOR FURTHER INFORMATION CONTACT: Shannon Penna, Fishery Management
Specialist, 562-980-4238, or [email protected].
SUPPLEMENTARY INFORMATION:
Background
Between September 2014 and April 2016, the Pacific Fishery
Management Council (Council) developed and considered management
measures to address a range of vessel and gear movement issues and
aggregated these issues under a single vessel movement monitoring
agenda item. Additional details about the Council's considerations are
included in the Council's analytic document (see ADDRESSES), and
included in the discussion of individual measures below.
The Council deemed the proposed regulations consistent with and
necessary to implement this action in a July 17, 2019, letter from
Council Executive Director, Chuck Tracy, to Regional Administrator
Barry Thom. Under the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), NMFS is required to publish
proposed rules for comment after preliminarily determining whether they
are consistent with applicable law. We are seeking comment on the
Council's proposed measures in this action and whether they are
consistent with the Pacific Coast Groundfish Fishery Management Plan,
the Magnuson-Stevens Act and its National Standards, and other
applicable law.
Summary of the Proposed Regulations
This section discusses proposed regulatory revisions that are
expected to increase NMFS's ability to enforce fishing activity in and
around restricted areas, and result in cost savings, increased
profitability, and flexibility for the groundfish fishery. The proposed
measures would:
Increase the position transmission rate requirements for
certain vessels using NOAA NMFS type-approved vessel monitoring system
(VMS) units;
Amend the definition for continuous transit;
Allow midwater trawl vessels participating in the Pacific
whiting fishery to change their landing declarations while at sea;
Exempt groundfish trawl vessels from observer coverage
while testing authorized fishing gear; and,
Allow shorebased Individual Fishing Quota (IFQ) fixed gear
vessels to retrieve pot gear in one management area and deploy that
gear in another management area on a single trip.
A. Increased Position Transmission Rate for Groundfish VMS
Vessels participating in the limited entry groundfish fishery
(limited entry
[[Page 54580]]
``A'' endorsed permit), open access vessels using non-groundfish trawl
gear (ridgeback prawn, California halibut, and sea cucumber trawl), and
any vessels that use open access gear targeting groundfish or that have
groundfish bycatch (salmon troll, prawn trap, Dungeness crab, halibut
longline, California halibut line gear, and sheephead trap), are
required to install a NMFS Office of Law Enforcement (OLE) type-
approved mobile transceiver unit and to arrange for a NMFS OLE type-
approved communications service provider to receive and relay
transmissions to NMFS OLE prior to fishing. These units automatically
record a vessel's position (i.e., the vessel's geographic location in
latitude and longitude coordinates), and transmit those coordinates to
a communications service provider. The current regulations require that
VMS units transmit a vessel's position once every hour, 24 hours a day
throughout the fishing year. Less frequent position reporting, at least
once every four hours, may be authorized when a vessel has temporarily
paused participation in the fishery and remains in port for an extended
period of time. The VMS units record vessel positions at a random time
during each hour so that vessel operators are unaware of when the
vessel position is being recorded.
An Initial Decision in a 2013 enforcement case (NOAA Case No.
SW1002974) concluded that the current requirement of hourly position
reports was insufficient to prove that a vessel was not operating in
continuous transit through a restricted area as required by regulation.
While the raw data from the VMS communications provider in the case did
provide reliable information about vessel location and speed, it only
accounted for a five second period out of each hour.
The Council recommended increasing the vessel position frequency to
increase NMFS's ability to enforce fishing activity around restricted
areas. This proposed action would require an increase in the position
transmission rate to every 15 minutes per hour for groundfish vessels
using NMFS type-approved VMS units. This increase in frequency would
produce more course, location, and speed data to improve NMFS's ability
to identify whether vessels are continuously transiting in restricted
areas or not.
Increasing the VMS position transmission rate from once every hour
to every 15 minutes will increase vessel operating costs. While vessels
can choose from a variety of VMS service providers, the average monthly
operating costs for transmissions every 15 minutes is $105 per month
($69 to $150 range) compared to an average of $50 per month ($37 to $65
range) for a single transmission per hour.
The Council recommended two exemptions that would reduce redundant
reporting and may provide cost savings to some portions of the fleet.
For the first exemption, vessels that have installed and are using
electronic monitoring (EM) systems for the duration of the fishing year
would be allowed to maintain the current position transmission rate of
one transmission per hour. EM systems include a Global Positioning
System (GPS) that records the vessel position every 10 seconds. Because
EM systems record vessel positions so frequently, it is not necessary
to also increase the VMS position transmission rates. The GPS data are
recorded to a hard drive, which the captain removes every 10 days and
mails to the Pacific States Marine Fisheries Commission. For the second
exemption, limited entry trawl vessels fishing with midwater trawl gear
would be allowed to maintain the current position transmission rate of
one transmission per hour. Limited entry vessels are only allowed to
use midwater trawl gear to target whiting or non-whiting groundfish
species during the primary whiting season from May 15 to December 31
each year. These vessels are also limited to using midwater trawl gear
seaward of the trawl rockfish conservation area (RCA) south of
40[deg]10' North (N), but can use midwater trawl gear anywhere within
the Exclusive Economic Zone north of 40[deg]10' N. Because there are
only very broad seasonal and area restrictions associated with midwater
trawl gear, and because these vessels are not generally subject to
smaller geographic areas restrictions such as the trawl RCA and
essential fish habitat conservation areas (EFHCAs) the increased
position transmission rate is not necessary for restricted area
enforcement for vessels using midwater trawl gear. Limited entry vessel
operators would be allowed to change their transmission rates or VMS
declaration reports on a trip-by-trip basis when necessary.
B. Continuous Transit Definition
Vessels are allowed to continuously transit through restricted
areas, such as EFHCA, and restricted areas, when fishing gear is
properly stowed and the vessel is on a direct course. This action
proposes to revise the current definition of ``continuous transiting or
transit through'' to encompass a broader array of vessel activity that
is akin to loitering within a restricted area, whether that be by means
of a source of power or by drifting with the prevailing water current
or weather conditions. Under this revised definition, visual,
electronic, or other evidence of vessel activity should provide
information on vessel speed and course sufficient to indicate direct
and expeditious transiting of a restricted area.
C. Exemption From Observer Coverage While Testing Gear
Groundfish vessels participating in the Shorebased IFQ Program, the
Mothership (MS) Coop Program, or the Catcher/processor (C/P) Coop
Program are required to have 100 percent observer coverage when
fishing. Currently, when fishermen want to test their fishing gear
during an open or closed season, they must contact the West Coast
Groundfish Observer Program (WCGOP) prior to departure. Although gear
testing does not usually involve the retention of fish, it falls under
the definition of fishing as defined in the Magnuson-Stevens Act. These
vessels sometimes inquire if certain gear testing situations are
considered fishing activity and if they are required to carry an
observer. NMFS has previously reviewed these on a case-by-case basis.
Vessels with a NMFS required positioning system (VMS, EM) installed
must also notify NMFS OLE which fishery or sector they will be
participating in with a declaration. This declaration allows NMFS OLE
to determine the restricted area closures with which the vessel is
required to comply and whether the vessel is in compliance with
restricted area regulations, based on the vessel's course as
transmitted from the VMS unit. Other than EM, there is currently no way
to remotely confirm that a vessel is testing fishing gear, and not
engaged in fishing activity.
This action would establish a definition for gear testing. The
proposed definition states that gear testing is the deployment of
lawful gear without retaining fish, for purposes, including, but not
limited to: Deployment of nets using open codends; calibration of
engines and transmission under load (i.e., towing a net with an open
codend); deployment of wire and/or doors; testing new electronic
equipment associated with deploying fishing gear; and testing and
calibration of newly installed propulsion systems (i.e., engine,
transmission, shaft, propeller, etc.). NMFS welcomes comments on the
sufficiency of this definition, and recommendations to refine and
clarify the types of activity that would qualify for gear testing.
[[Page 54581]]
This action would also exempt groundfish vessels participating in
the Shorebased IFQ, MS, and C/P sectors from the requirement to carry
an observer while testing gear. A vessel would not need an observer
because gear testing activity would specifically prohibit retaining
fish. In addition to being prohibited from retaining fish while gear
testing, vessels would be prohibited from testing experimental gear,
testing with a closed codend, terminal gear, or with open pots, and
from testing gear in groundfish conservation areas or EFHCAs.
To be exempted from observer coverage while testing gear, vessels
would need to communicate with both WCGOP and NMFS OLE. Vessels would
be required to notify WCGOP by phone: or email, of the gear testing
activity at least 48 hours prior to departing on a trip to test gear or
equipment. This action would also add a VMS declaration code for ``Gear
testing.'' When a vessel operator calls the West Coast Groundfish
Declaration Line to declare ``Gear testing,'' the VMS technician would
review the information submitted and determine if the vessel is
eligible for this declaration. This measure would result in observer
coverage cost savings on trips to test fishing gear or equipment.
D. Declaration Changes at Sea for Whiting Fishery
Currently, midwater catcher trawl vessels participating in the
Pacific whiting fishery are restricted to landing either at a
mothership or shoreside processor. After Pacific whiting catcher
vessels have made their delivery obligation to a mothership, they are
not allowed to make a tow for a delivery to a shoreside processor
without returning to port first. This proposed regulatory revision
would remove restrictions on catcher vessels to allow them to change
their declarations while at sea by calling the West Coast Groundfish
Declaration Line. After a vessel offloads onto a mothership, it could
immediately change its declaration from one of the ``Pacific whiting
mothership sector'' declarations to one of the ``Pacific whiting
shorebased IFQ'' declarations to make a tow and offload on shore, or
vice versa.
Allowing vessels to change their declarations at sea would provide
a vessel the opportunity to optimize available resources before
returning to port. As a result, vessels will spend less time at sea,
and in transit to and from fishing ports, which will ultimately reduce
the cost of fuel and crew.
E. Movement of IFQ Fishpot Gear Across Management Lines
At the time the Council selected final alternatives for this rule,
vessels fishing in the shorebased IFQ program using fixed gear (i.e.,
pot gear) were prohibited from moving gear from one management area to
another during a single trip. The area of operation of the shorebased
IFQ fixed gear fishery stretches along the entire west coast and is
divided into four management areas (50 CFR 660.140). Vessels were
required to land catch from a single management area prior to returning
to deploying gear in a different management area. In addition, fish
caught from one management area could not be on board while in a
different management area from which they were caught. For example, if
a fisherman retrieves fixed gear in area B, they could land their fish
from area B before deploying that gear in area C.
The prohibition on harvesting fish in two management areas during a
single trip was put into place because the area of harvest is an
important element in stock assessment. In addition, allocations to
different fishing fleets and gear types stem from area-based stock
management. However, this prohibition had negative impacts on fishery
participants. For example, unlike trawl and longline vessels who can
stow all of their gear on deck, pot gear vessels may have to make
multiple trips to move their gear from one management area to the next.
Some vessel owners report that the prohibition is expensive to their
operations, particularly for those owners that fish out of ports in
close proximity to a management line.
The revised regulations would explicitly allow vessels retrieving
pots from one management area to retain their catch on board and move
to a second management area to deploy pots. These pots may be either
baited or not baited. The vessel may then return to port to deliver
their fish, then return to retrieve their pots from the second
management area. Although the proposed adjustment increases operational
flexibility in deploying pots, vessels are still only permitted to
retain and land fish from a single management area. This will ensure
the integrity of data to support stock assessments and catch monitoring
for a single management area. Overall, fishing vessels will spend less
time at sea, which should reduce the cost of fishing.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a preliminary determination that
this proposed rule is consistent with the Pacific Coast Groundfish FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law.
In making the final determination, NMFS will consider the data, views,
and comments received during the public comment period.
The Office of Management and Budget has determined that this
proposed rule is not significant for purposes of Executive Order (E.O.)
12866.
Pursuant to Executive Order 13175, this proposed rule was developed
after meaningful consultation and collaboration with tribal officials
from the area covered by the PCGFMP. Under the Magnuson-Stevens Act at
16 U.S.C. 1852(b)(5), one of the voting members of the Pacific Council
must be a representative of an Indian tribe with federally recognized
fishing rights from the area of the Council's jurisdiction.
This proposed rule does not contain policies with Federalism or
``takings'' implications as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
An initial regulatory flexibility analysis (IRFA) was prepared for
this action, as required by section 603 of the Regulatory Flexibility
Act (RFA) (5 U.S.C. 603). The IRFA describes the economic impact this
proposed rule, if adopted, would have on small entities. A summary of
the IRFA follows. A copy of the IRFA is available from NMFS (see
ADDRESSES). When an agency proposes regulations, the RFA requires the
agency to prepare and make available for public comment an IRFA that
describes the impact on small businesses, non-profit enterprises, local
governments, and other small entities. The IRFA is to aid the agency in
considering all reasonable regulatory alternatives that would minimize
the economic impact on affected small entities.
Description of the Reasons Why Action By the Agency Is Being Considered
and Statement of the Objectives of, and Legal Basis for, This Action
A description of the action, why it is being considered, and the
legal basis for this action is contained in the SUMMARY section and at
the beginning of the SUPPLEMENTARY INFORMATION section of the preamble,
and is not repeated here.
Description and Estimate of the Number of Small Entities To Which This
Proposed Rule Would Apply
For RFA purposes only, NMFS established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2).
[[Page 54582]]
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.
For the purposes of our Regulatory Flexibility Act (RFA) analysis,
the proposed action is considered to regulate ownership entities that
are potentially affected by the action. The U.S. Small Business
Association (SBA) established criteria for business in the fishery
sector to qualify as small entities. Limited entry groundfish vessels
directly regulated by this action are required to renew a permit
annually, and the application asks for entity size including
affiliation. Of those who responded as being large entities, 15 permits
owned by 9 large entities were attached to vessels that participated in
bottom trawl or fixed gear groundfish fisheries in 2018 and are the
most likely to be impacted by the rule.
Of the 571 vessels impacted by this rule, none had annual ex-vessel
revenue on the West Coast (participation in other fisheries is not
known) greater than the NMFS $11 million size standard. The top three
revenue vessels, all in the IFQ fishery, had an average revenue of $1.9
million in 2018 in all West Coast fisheries. In contrast, the bottom
ten earning vessels had revenues in all West Coast fisheries of less
than $1,000.
Description of the Proposed Reporting, Record-Keeping, and Other
Compliance Requirements of This Proposed Rule
This action contains a revision to an information collection
requirement, which has been approved by the Office of Management and
Budget (OMB) under OMB Control Number 0648-0573: West Coast Region
Vessel Monitoring System Requirement for the Pacific Groundfish
Fishery. This action proposes to adjust the position transmissions rate
for certain vessels using NMFS type-approved vessel monitoring system
units, including limited entry groundfish vessels, open access vessels
using non-groundfish trawl gear (ridgeback prawn, California halibut,
and sea cucumber trawl), and any vessels that use open access gear
targeting groundfish or that have groundfish bycatch (salmon troll,
prawn trap, Dungeness crab, halibut longline, California halibut line
gear, and sheephead trap). Vessel owners would be required to increase
their position transmission rate from once per hour to four times per
hour. Vessels that are operating with electronic monitoring will be
exempt from this increase and allowed to continue with a rate of four
times per hour.
The proposed action would add a declaration for gear testing so
vessels will be exempt from observer coverage while testing gear and
restricted from harvesting fish, and allow Groundfish midwater trawl
vessels participating in the Shorebased IFQ Program and the MS Coop
Program, to make a new declaration from sea and allowed to make a tow
for a delivery to a shoreside processor without returning to port
first. The numbers of declaration reports the vessel operator is
required to submit to NMFS would not change under this request.
Therefore, no small entity would be subject to additional reporting
requirements.
Public comment is sought regarding the following: Whether this
proposed collection of information is necessary for the proper
performance of agency functions, 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 the
Regional Administrator (see ADDRESSES), and email to
[email protected] or fax to 202-395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
Federal Rules Which May Duplicate, Overlap, or Conflict With This
Proposed Rule
There are no relevant Federal rules that may duplicate, overlap, or
conflict with this action.
Description of Significant Alternatives to the Proposed Action Which
Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize Any Significant Economic Impact on Small Entities
NMFS considered sub alternatives to the proposed rule that may have
minimized significant economic impact, but not meet stated objectives
of applicable statutes. The Council briefly considered increasing the
position transmission signal to every 30 minutes or every 20 minutes,
but rejected those alternatives from further analysis because those
position transmission signals may not be frequent enough to provide
information to enforce small restricted areas, or provide enough
information to calculate a vessel's course for enforcement of
continuous transit requirements.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian Fisheries.
Dated: October 3, 2019.
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 660 is
proposed to be amended as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and
16 U.S.C. 7001 et seq.
0
2. In Sec. 660.11, revise the definition of ``Continuous transiting or
transit through'' and add the definition of ``Gear Testing'' in
alphabetical order, to read as follows:
Sec. 660.11 General Definitions
* * * * *
Continuous transiting or transit through means that a vessel
crosses a groundfish conservation area or EFHCA on a heading as nearly
as practicable to a direct route, consistent with navigational safety,
while maintaining expeditious headway throughout the transit without
loitering or delay.
* * * * *
Gear Testing means the deployment of lawful gear without retaining
fish, for the following purposes, including, but not limited to:
Deployment of nets using open codends; calibration of engines and
transmission under load (i.e., towing a net with an open codend);
deployment of wire and/or doors; testing new electronic equipment
associated with deploying fishing gear; and testing and calibration of
newly installed propulsion systems (i.e., engine, transmission, shaft,
propeller, etc.).
* * * * *
0
3. In Sec. 660.13, revise paragraphs (d)(1)(ii) and (d)(4)(iv)(A)(30)
to read as follows:
Sec. 660.13 Recordkeeping and reporting.
* * * * *
(d) * * *
(1) * * *
[[Page 54583]]
(ii) Limited entry midwater trawl vessels targeting Pacific whiting
may change their declarations while at sea between the Pacific whiting
shorebased IFQ sector and the mothership sector as specified at
paragraph (4)(iv)(A) of this section. The declaration must be made to
NMFS before a different sector is fished.
* * * * *
(4) * * *
(iv) * * *
(A) * * *
(30) Gear testing.
* * * * *
0
4. In Sec. 660.14, revise paragraphs (d)(1), (d)(2), (d)(3), and
(d)(5) to read as follows:
Sec. 660.14 Vessel Monitoring System (VMS) requirements.
* * * * *
(d) * * *
(1) Obtain a NMFS OLE type-approved mobile transceiver unit and
have it installed on board your vessel in accordance with the
instructions provided by NMFS OLE. You may obtain a copy of the VMS
installation and operation instructions from the NMFS OLE West Coast
Region, VMS Program Manager upon request at 7600 Sand Point Way NE,
Seattle, WA 98115-6349, phone: 888-585-5518 or [email protected].
(2) Activate the mobile transceiver unit, submit an activation
report at least 72 hours prior to leaving port on a trip in which VMS
is required, and receive confirmation from NMFS OLE that the VMS
transmissions are being received before participating in a fishery
requiring the VMS. Instructions for submitting an activation report may
be obtained from the NMFS OLE West Coast Region, VMS Program Manager
upon request at 7600 Sand Point Way NE, Seattle, WA 98115-6349, phone:
888-585-5518 or [email protected]. An activation report must again be
submitted to NMFS OLE following reinstallation of a mobile transceiver
unit or change in service provider before the vessel may be used to
fish in a fishery requiring the VMS.
(3) Transceiver unit operation. Operate and maintain the mobile
transceiver unit in good working order continuously, 24 hours a day
throughout the fishing year, unless such vessel is exempted under
paragraph (d)(4) of this section.
(i) Position frequency. The mobile transceiver unit must transmit a
signal accurately indicating the vessel's position at least once every
15 minutes, 24 hours a day, throughout the year unless an exemption in
(ii) of this paragraph applies or a valid exemption report, as
described in paragraph (d)(4) of this section, has been received by
NMFS OLE. The signal indicating the vessel's position can consist of
either: a single position report transmitted every 15 minutes; or a
series of position reports, at no more than a 15 minute interval,
combined and transmitted at least once every hour.
(ii) Exemptions to position frequency requirement. (A) Electronic
monitoring exemption. If a vessel has an electronic monitoring system
installed and in use for the duration of a given fishing year, the
mobile transceiver unit must transmit a signal at least once every
hour.
(B) Midwater trawl exemption. If a limited entry trawl vessel is
fishing with midwater trawl gear under declarations (d)(4)(iv)(A), the
mobile transceiver unit must transmit a signal at least once every
hour.
(C) In port exemption. If a vessel remains in port for an extended
period of time, the mobile transceiver unit must transmit a signal at
least once every four hours. The mobile transceiver unit must remain in
continuous operation at all times unless the vessel is exempt under
paragraph (d)(4) of this section.
* * * * *
(5) When aware that transmission of automatic position reports has
been interrupted, or when notified by NMFS OLE that automatic position
reports are not being received, contact NMFS West Coast Region, VMS
Program Manager upon request at 7600 Sand Point Way NE, Seattle, WA
98115-6349, phone: 888-585-5518 or [email protected] and follow the
instructions provided to you. Such instructions may include, but are
not limited to, manually communicating to a location designated by NMFS
OLE the vessel's position or returning to port until the VMS is
operable.
* * * * *
0
5. In Sec. 660.112, revise paragraph (a)(4), and add paragraphs (a)(7)
and (b)(1) (xvii) to read as follows:
Sec. 660.112 Trawl fishery--prohibitions.
* * * * *
(a) * * *
(4) Observers. (i) Fish in the Shorebased IFQ Program, the MS Coop
Program, or the C/P Coop Program without observer coverage unless
exempt from the observer coverage requirement for gear testing activity
and have satisfied the declaration and notification requirements, as
described in Sec. 660.140(h), Sec. 660.150(j), or Sec. 660.160(g).
(ii) Fish in the Shorebased IFQ Program, the MS Coop Program, or
the C/P Coop Program if the vessel is inadequate or unsafe for observer
deployment as described at Sec. 660.12(e).
(iii) Fail to maintain observer coverage in port as specified at
Sec. 660.140(h)(1)(i).
* * * * *
(7) Gear testing. (i) Retain fish while gear testing.
(ii) Fish with a closed codend, use terminal gear (i.e., hooks), or
fish with open pot gear while gear testing.
(iii) Test gear in groundfish conservation areas described in Sec.
660.70, or EFHCAs described in Sec. Sec. 660.76 through 660.79.
(iv) Test experimental gear, or any other gear not currently
approved for groundfish fishing.
* * * * *
(b) * * *
(1) * * *
(xvii) When declared into the limited entry groundfish non-trawl
Shorebased IFQ fishery, retain fish caught with fixed gear in more than
one IFQ management area, specified at Sec. 660.140(c)(1), on the same
trip.
* * * * *
0
6. In 660.140, add paragraphs (c)(2) and (h)(1)(i)(A)(4) to read as
follows:
Sec. 660.140 Shorebased IFQ Program.
* * * * *
(c) * * *
(2) A vessel using fixed gear declared into the limited entry
groundfish non-trawl Shorebased IFQ fishery may deploy pot or trap gear
in multiple IFQ management areas on a trip provided the vessel does not
retrieve gear from more than one IFQ management area during a trip.
* * * * *
(h) * * *
(1) * * *
(i) * * *
(A) * * *
(4) Is exempt from the requirement to maintain observer coverage as
specified in this paragraph (h) while gear testing as defined in Sec.
660.11. The vessel operator must submit a valid declaration for gear/
equipment testing, as required by Sec. 660.13(d)(4)(iv)(A), and must
notify the Observer Program of the gear testing activity at least 48
hours prior to departing on a trip to test gear/equipment.
* * * * *
0
7. In 660.150, add paragraph (j)(1)(i)(C) to read as follows:
Sec. 660.150 Mothership (MS) Coop Program.
* * * * *
(j) * * *
(1) * * *
(i) * * *
[[Page 54584]]
(C) Gear testing exemption. Vessels are exempt from the requirement
to maintain observer coverage as specified in this paragraph (j) while
gear testing as defined at Sec. 660.11. The vessel operator must
submit a valid declaration for gear/equipment testing, as required by
Sec. 660.13(d)(4)(iv)(A), and must notify the Observer Program of the
gear testing activity at least 48 hours prior to departing on a trip to
test gear/equipment.
* * * * *
0
8. In 660.160, add paragraph (g)(1)(iv) to read as follows:
Sec. 660.160 Catcher/processor (C/P) Coop Program.
* * * * *
(g) * * *
(1) * * *
(iv) Gear testing exemption. Vessels exempt from the requirement to
maintain observer coverage as specified in this paragraph (g) while
gear testing as defined at Sec. 660.11. The vessel operator must
submit a valid declaration for gear/equipment testing, as required by
Sec. 660.13(d)(4)(iv)(A), and must notify the Observer Program of the
gear testing activity at least 48 hours prior to departing on a trip to
test gear/equipment.
* * * * *
[FR Doc. 2019-21954 Filed 10-9-19; 8:45 am]
BILLING CODE 3510-22-P