Fisheries of the Exclusive Economic Zone Off Alaska; Halibut Deck Sorting Monitoring Requirements for Trawl Catcher/Processors Operating in Non-Pollock Groundfish Fisheries off Alaska, 55044-55055 [2019-22198]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 199 (Tuesday, October 15, 2019)]
[Rules and Regulations]
[Pages 55044-55055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22198]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR 902.1

50 CFR Part 679

[Docket No. 191004-0055]
RIN 0648-BI53


Fisheries of the Exclusive Economic Zone Off Alaska; Halibut Deck 
Sorting Monitoring Requirements for Trawl Catcher/Processors Operating 
in Non-Pollock Groundfish Fisheries off Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement catch handling and 
monitoring requirements to allow Pacific halibut (halibut) bycatch to 
be sorted on the deck of trawl catcher/processors (C/Ps) and 
motherships participating in the non-pollock groundfish fisheries off 
Alaska. Halibut bycatch must be discarded and returned to the sea with 
a minimum of injury in the directed groundfish fisheries in the Bering 
Sea and Aleutian Islands (BSAI) and Gulf of Alaska (GOA) management 
areas. This final action includes additional minor regulatory changes 
that improve consistency and clarity of existing regulations, removes 
unnecessary and outdated regulations, and updates cross references to 
reflect these new regulations. This action is intended to promote the 
goals and objectives of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), the Fishery Management Plan 
(FMP) for Groundfish of the GOA (GOA FMP), the FMP for Groundfish of 
the BSAI Management Area (BSAI FMP), and other applicable law.

DATES: This rule is effective November 14, 2019.

ADDRESSES: Electronic copies of the Regulatory Impact Review (referred 
to as the ``Analysis''), the Categorical Exclusion prepared for this 
action, and the proposed rule may be obtained from https://www.regulations.gov or from the NMFS Alaska Region website at https://www.fisheries.noaa.gov/region/alaska.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted by mail to NMFS Alaska Region, P.O. Box 
21668, Juneau, AK 99802-1668; by email to [email protected]; 
or by fax to 202-395-5806.

FOR FURTHER INFORMATION CONTACT: Joseph Krieger, 907-586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Authority for Action

    NMFS manages the groundfish fisheries in the exclusive economic 
zone under the GOA FMP and under the BSAI FMP. The North Pacific 
Fishery Management Council (Council) prepared these FMPs under the 
authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. 
Regulations governing U.S. fisheries and implementing the Magnuson-
Stevens Act are located at 50 CFR parts 600 and 679.
    NMFS published the proposed rule for this action on April 16, 2019 
(84 FR 15566), with comments invited through May 16, 2019.
    NMFS received two letters with eight distinct comments during the 
comment

[[Page 55045]]

period. A summary of these comments and the responses by NMFS are 
provided under the heading ``Response to Comments'' below.

II. Background

    The International Pacific Halibut Commission (IPHC) and NMFS manage 
halibut fisheries through regulations established under the authority 
of the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773-773k). The 
IPHC adopts regulations governing the target fishery for halibut under 
the Convention between the United States and Canada for the 
Preservation of the Halibut Fishery of the North Pacific Ocean and 
Bering Sea (Convention), signed at Ottawa, Ontario, on March 2, 1953, 
as amended by a Protocol Amending the Convention (signed at Washington, 
DC, on March 29, 1979). For the United States, regulations governing 
the fishery for Pacific halibut developed by the IPHC are subject to 
acceptance by the Secretary of State with concurrence from the 
Secretary of Commerce. After acceptance by the Secretary of State and 
the Secretary of Commerce, NMFS publishes the IPHC regulations in the 
Federal Register as annual management measures pursuant to 50 CFR 
300.62. The final rule implementing IPHC regulations for 2019 published 
on March 14, 2019 (84 FR 9243).
    NMFS has implemented regulations that limit the amount of halibut 
bycatch in the directed groundfish fisheries in the BSAI and GOA. 
Regulations establish specific limits on the amount of halibut bycatch, 
prohibited species catch (PSC) limits, in specific groundfish fisheries 
in the BSAI and GOA. These PSC limits are based on the amount of 
halibut discard mortality estimated under specific monitoring 
procedures.
    In recent years, catch limits for the commercial halibut fishery in 
the BSAI and GOA have declined in response to changing halibut stock 
conditions. Most recently, NMFS implemented Amendment 111 to the BSAI 
FMP (81 FR 24714, April 27, 2016) and Amendment 95 to the GOA FMP (79 
FR 9625, February 20, 2014) to further reduce PSC limits for Pacific 
halibut in the BSAI and GOA groundfish fisheries.
    In this action, NFMS implements regulations for catch handling and 
monitoring requirements to allow halibut bycatch to be sorted on the 
deck of trawl C/Ps and motherships when operating in the non-pollock 
groundfish fisheries off Alaska. The monitoring requirements have been 
developed and tested on vessels participating in the non-pollock 
groundfish fisheries. The harvest of non-pollock groundfish fisheries 
may be limited by existing halibut PSC limits, and participating 
vessels are operationally different than vessels participating in 
pollock fisheries. As such, the scope of this action is limited to 
vessels participating in the non-pollock groundfish fisheries. This 
final rule does not modify existing halibut PSC limits, but it does 
allow halibut to be discarded faster than allowed under current 
monitoring requirements, which could reduce halibut discard mortality. 
Reducing halibut discard mortality could maximize prosecution of the 
directed non-pollock groundfish fisheries that otherwise might be 
constrained by halibut PSC limits, and may also benefit vessels 
participating in the directed halibut fishery by returning more live 
halibut to the water.
    This final rule will allow any trawl C/P or mothership operating in 
the non-pollock groundfish fishery to participate in deck sorting 
provided it adheres to all requirements. Three categories of C/Ps and 
motherships are most likely to participate in deck sorting in the non-
pollock groundfish fisheries as their existing monitoring requirements 
are most similar to those included in this action: (1) Vessels 
operating in the non-pollock groundfish fisheries in the BSAI and GOA 
under the Amendment 80 Program (72 FR 52667, September 14, 2007); (2) 
vessels harvesting non-pollock groundfish in the BSAI under the Western 
Alaska Community Development Quota (CDQ) Program; and (3) C/Ps and 
motherships harvesting non-pollock groundfish in the BSAI trawl limited 
access sector (TLAS).

A. The Affected Fisheries

1. Amendment 80 Sector
    The BSAI non-pollock groundfish fishery has been prosecuted mostly 
by a fleet of trawl C/Ps. These C/Ps are managed under the Amendment 80 
Program. The Amendment 80 Program is a catch share program that 
allocates several BSAI non-pollock trawl species among fishing sectors, 
and facilitates the formation of harvesting cooperatives in the non-
American Fisheries Act (AFA) trawl C/P sector. The AFA is a limited 
access program for Bering Sea pollock implemented by statute in 1998 
(Pub. L. 105-277, 16 U.S.C. 1851 statutory note).
    The Amendment 80 sector is composed of 28 C/Ps with history of 
harvesting non-pollock groundfish in the BSAI. The Amendment 80 
cooperatives and vessels receive allocations of Pacific halibut and 
crab PSC limits while fishing in the BSAI to constrain bycatch, or 
unintended take, of these species while harvesting groundfish. These 
voluntary harvest cooperatives coordinate use of the target 
allocations, incidental catch allowances, and prohibited species 
allocations among active member vessels.
    Some Amendment 80 vessels also participate in the Central GOA 
Rockfish Program (Rockfish Program). This final rule allows for vessels 
to deck sort halibut PSC while participating in the Rockfish Program 
(76 FR 81248, December 27, 2011).
2. BSAI TLAS
    When the Amendment 80 Program was implemented, it allocated 
specific amounts of Amendment 80 species, including PSC species, to 
non-Amendment 80 vessels that comprise the BSAI TLAS. The BSAI TLAS 
includes AFA C/Ps, AFA catcher vessels, and other non-AFA catcher 
vessels. The BSAI TLAS comprises all the trawl vessels in the BSAI 
except the Amendment 80 C/Ps. The BSAI TLAS fishery provides harvesting 
opportunities of some Amendment 80 species by non-Amendment 80 vessels.
    Under this final rule, AFA vessels will not be eligible to 
participate in halibut deck sorting when operating in pollock 
fisheries. However, vessels participating in the BSAI TLAS fishery--
which may include AFA vessels--may choose to participate in halibut 
deck sorting when operating in non-pollock fisheries in the BSAI TLAS.
3. The CDQ Sector
    The CDQ sector includes all trawl and non-trawl vessels that 
harvest groundfish under the CDQ Program. The CDQ Program consists of 
six different non-profit managing organizations (CDQ groups) 
representing different geographical regions in Alaska. Each CDQ group 
receives an apportionment of the halibut PSC limit as halibut 
prohibited species quota (PSQ), which is a specific amount of halibut 
that vessels fishing for that CDQ group may use in a year. The CDQ 
group manages the use of its halibut PSQ apportionment. The CDQ group 
has the responsibility to ensure that the vessels fishing its CDQ 
groundfish allocation do not use halibut PSQ in excess of the amount of 
the CDQ group's halibut PSQ.

B. Halibut PSC Management

    Halibut PSC management is described in the preamble to the proposed 
rule for this action (84 FR 15566, April 16, 2019).

III. Current Monitoring Requirements

    Current monitoring requirements are designed to allow observers to 
collect data and monitor for compliance as

[[Page 55046]]

necessary for the conservation, management, and scientific 
understanding of the non-pollock groundfish trawl fisheries in the BSAI 
and GOA. Observers have sampled catch in the Alaska Federal groundfish 
fisheries since the early 1990s and have routinely collected lengths, 
weights, and viability metrics of the sampled catch. Amendment 80 C/Ps, 
C/Ps acting as motherships, and C/Ps managed under the Rockfish Program 
are required to carry two observers, one of which must have a lead 
level 2 endorsement for a C/P using trawl gear or mothership. A summary 
of monitoring requirements follows. Additional information is in the 
preamble to the proposed rule for this action (84 FR 15566, April 16, 
2019).
    NMFS uses observer data to provide reliable estimates of allocated 
species in catch share fisheries and reliable estimates of total catch 
and bycatch in non-catch share fisheries. Since 1999, vessels 
participating in groundfish catch share programs have been required to 
comply with additional monitoring requirements. Monitoring requirements 
may be imposed by NMFS or developed in consultation with the Council. 
These monitoring requirements are necessary because of the unique 
incentives to misreport catch that are created by the act of assigning 
quota, and therefore accountability, to individual entities 
(cooperatives or vessels). Vessels affected by this action participate 
in catch share and non-catch share fisheries including Amendment 80 
Program, BSAI TLAS, and groundfish CDQ fisheries. Observer information 
is used in the NMFS Catch Accounting System to monitor catch of target 
and bycatch species on a daily basis. Current monitoring requirements 
for C/Ps and motherships participating in the non-pollock groundfish 
fisheries off Alaska vary, depending upon the specific fishery in which 
the vessel is participating. Each catch share program includes 
monitoring requirements designed to ensure that observer data produce 
reliable catch and bycatch estimates of allocated species.

A. Monitoring and Enforcement Tools

    Before catch is sorted or discarded on any trawl vessel, at-sea 
observers must collect data necessary to estimate halibut and 
groundfish catch amounts. Current halibut discard requirements state 
that an observer must first have access to sample the catch prior to 
sorting and discard. Observers sample the species composition of catch, 
and NMFS estimates the ratio of halibut to groundfish from each haul 
sampled and applies it to the official total catch of groundfish for 
each sampled haul. Once the estimated halibut catch for every haul is 
calculated, discard mortality rates (DMRs) are applied to calculate the 
amount of halibut PSC mortality accrued.

B. Equipment Requirements

    Current vessel equipment requirements are described in the preamble 
to the proposed rule for this action (84 FR 15566, April 16, 2019).

IV. Need for This Action

    Amendment 111 to the BSAI FMP, published on April 27, 2016 (81 FR 
24714), reduced halibut PSC limits in the BSAI groundfish fisheries in 
four groundfish sectors: The Amendment 80 sector; the BSAI TLAS (all 
non-Amendment 80 trawl fishery participants); the non-trawl sector 
(primarily hook-and-line C/Ps); and the CDQ Program. The purpose of 
Amendment 111 was to decrease BSAI halibut PSC to the extent 
practicable by the BSAI groundfish fisheries while continually 
achieving optimum yield from the BSAI groundfish fisheries.
    Similarly, Amendment 95 to the GOA FMP, published on March 24, 2014 
(79 FR 9625), reduced halibut PSC limits in the GOA groundfish 
fisheries in three sectors: The hook-and-line C/P sector, the hook-and-
line catcher vessel sector, and the trawl sector. The purpose of 
Amendment 95 was to minimize halibut bycatch in the GOA to the extent 
practicable, while at the same time achieving optimum yield from the 
GOA groundfish fishery.
    By reducing halibut PSC, the final rules for Amendment 111 and 
Amendment 95 aimed to increase harvest opportunities for the directed 
halibut fisheries. However, these reductions increased the potential 
for the halibut PSC limit to constrain the harvest of allocated species 
in groundfish fisheries, thereby potentially reducing the overall 
economic benefit of the fisheries if the directed fisheries were closed 
prior to harvesting all the allocated species.
    Under current monitoring requirements for most vessels 
participating in the non-pollock groundfish fisheries, all halibut must 
be weighed along with the rest of the unsorted catch and made available 
for sampling by an observer prior to discard. This means that all 
halibut enter the fish bin and are weighed in the factory prior to 
observer data collection and discard, resulting in high DMRs. For 
several years, experiments conducted through Exempted Fishing Permits 
(EFPs) have tested procedures to reduce halibut discard mortality by 
sorting. Results from these EFPs suggest that substantial amounts of 
halibut can be returned to the water alive and provide for additional 
harvest opportunity for the directed halibut fisheries. See Section 
1.3.5 of the Analysis for additional detail on halibut deck sorting 
EFPs.
    In order to accurately account for halibut sorted on deck during 
EFP fishing, additional catch handling and monitoring requirements were 
necessary to ensure that an observer had access to all halibut sorted 
on deck, as well as all other catch in the factory, for the collection 
of data and sampling. These requirements were necessary to ensure that 
observer data resulted in reliable estimates of catch and bycatch, as 
well as mitigated safety risks due to additional time spent on deck.

V. This Final Rule

    This final rule implements catch handling and monitoring 
requirements to allow halibut PSC to be sorted on the deck of trawl C/
Ps and motherships participating in the non-pollock groundfish 
fisheries off Alaska. NMFS and EFP participants worked together to 
develop and test the monitoring and enforcement requirements required 
during EFP fishing and implemented with this final rule. These 
requirements allow halibut to be returned to the water faster while 
also ensuring that observer data continue to result in reliable 
estimates of halibut incidental catch rate and viability. Participation 
in halibut deck sorting is voluntary. However, any vessel choosing to 
participate in halibut deck sorting will be required to comply with all 
applicable monitoring requirements.
    This final rule adds subpart K, Sec.  679.120--Halibut Deck 
Sorting, to part 679 to specify halibut deck sorting catch handling and 
monitoring requirements. Additionally, existing catch handling and 
monitoring regulations are modified as necessary to be consistent with 
the catch handling and monitoring requirements included in this final 
rule. In addition to the primary action, this final rule also changes 
observer sampling station inspection requirements in Federal groundfish 
fisheries and makes minor changes to bin monitoring requirements for 
the Amendment 80 fleet. This final rule also makes minor changes in 
terminology, reorganizes regulatory text, and makes other technical 
changes that are described below.

A. Halibut Deck Sorting

    This final rule defines the term ``Halibut Deck Sorting'' at Sec.  
679.2. The term ``Halibut Deck Sorting'' is used to specify the 
activity of separating or

[[Page 55047]]

removing halibut from the catch on deck, prior to fish entering the 
fish bin.
1. Monitoring and Enforcement Tools
a. Observer Coverage
    This final rule adds requirements at Sec.  679.51(a)(2)(vi)(F) to 
specify observer coverage requirements for vessels participating in 
halibut deck sorting. Vessels are required to carry on board at least 
two observers at all times when participating in halibut deck sorting. 
One of these observers must be endorsed as a lead level 2 observer. 
More than two observer are required if the observer workload 
restriction would otherwise preclude sampling as required, such as if 
an observer was needed to work longer than a 12 hour shift in order to 
monitor halibut deck sorting and/or fish being passed over the flow 
scale in the factory.
b. Observer Access to Catch
    This final rule establishes prohibitions specific to halibut deck 
sorting at Sec.  679.7(e). These regulations specify that when a vessel 
participates in halibut deck sorting, fish must not be spilled from the 
codend; halibut must not be sorted, discarded, or weighed on a NMFS-
approved scale unless an observer is present on deck; and the vessel is 
in compliance with the requirements of Sec.  679.120, which describe 
the vessel, crew, and catch handling and monitoring requirements for 
participation in halibut deck sorting. In addition, Sec.  679.7(e) 
prohibits catch from being weighed on flow scales in the factory when 
the observer is monitoring halibut deck sorting, unless three or more 
observers are present on the vessel and at least two observers are on 
duty. In these circumstances, one observer will be required to monitor 
deck-sorting while another observer will be required to monitor the 
flow scale in the factory.
c. Pre-Cruise Meeting
    This final rule establishes requirements specific to halibut deck 
sorting at Sec.  679.120(c) that require vessel owners and operators 
who choose to halibut deck sort to notify the North Pacific Observer 
Program (Observer Program) to schedule a pre-cruise meeting when they 
have an observer on board who has not previously been on board within 
the last 12 months. This meeting must minimally include the vessel 
operator or manager and any observer(s) assigned to the vessel. This 
requirement differs from pre-cruise meeting requirements under the EFP 
that did not require vessel owners and operators choosing to halibut 
deck sort to notify the Observer Program when they had on board an 
observer who had not previously been on board within the last 12 
months.
d. Deck Safety Plan
    This final rule adds requirements at Sec.  679.120(d) to establish 
a Deck Safety Plan. Vessel owners and operators must develop an 
approved Deck Safety Plan prior to participating in halibut deck 
sorting. This Deck Safety Plan must be approved annually by NMFS. If 
the vessel owner or operator wishes to change an existing Deck Safety 
Plan, the vessel owner or operator may submit proposed changes in 
writing, and any changes must be approved by NMFS. Mandatory components 
of this Deck Safety Plan include a description of safe routes for the 
observer to access and/or leave the deck sampling station during gear 
retrieval and movement; description of hazardous areas and potentially 
hazardous conditions on deck the observer should be aware of; a list of 
personal protective equipment that must be worn by the observer while 
on deck; and a description of communication procedures to inform the 
observer when it is safe to access the deck, in order to ensure that 
the observer remains safe while working on the deck.
    Vessel owners and operators will also be required to provide 
observers with a copy of the NMFS-approved Deck Safety Plan and conduct 
a deck sorting safety meeting prior to embarking on a trip when any one 
of the following--observer, vessel operator, or key crew member that 
will be responsible for providing notification or reasonable assistance 
during halibut deck sorting--boards the vessel. All elements of the 
vessel's Deck Safety Plan must be reviewed with the observer during 
this meeting.
    If NMFS disapproves a Deck Safety Plan, the vessel owner and 
operator may resubmit a revised Deck Safety Plan or file an 
administrative appeal as set forth under the administrative appeals 
procedures set out at 15 CFR part 906.
e. Vessel Operator Requirements
    This final rule adds several requirements at Sec.  679.120(e). 
Vessel operators must notify the observer on duty at least 15 minutes 
prior to bringing fish on board that halibut deck sorting will occur. 
From the time the vessel operator notifies the observer that halibut 
deck sorting will occur until the codend from that haul is opened on 
deck, the vessel operator may choose not to engage in halibut deck 
sorting. Catch in the factory cannot be weighed during halibut deck 
sorting activities unless, as explained above, an additional observer 
is available to complete data collection duties in the factory. Vessels 
will be required to devise and use a visual signal to communicate to 
the crew when catch may not be weighed during deck sorting activities.
    Each vessel's Observer Sampling Station Inspection Report will 
indicate the time limit for halibut deck sorting activities. The time 
limit may be vessel specific and will be based on factors including, 
but not limited to, deck space and configuration, and the best 
available halibut viability information. This time limit begins when 
the codend is opened on deck and must not exceed the time limit 
indicated on the Observer Sampling Station Inspection Report. When the 
time limit is reached, all halibut deck sorting must stop. After the 
time limit for halibut deck sorting is reached, all halibut not sampled 
by the observer on deck must be transferred to the live tank(s) and 
passed over the flow scale in the factory. In the future, the time 
limit may change in order to account for changes in vessel 
configuration, sampling technologies, and as new information on halibut 
viability becomes available. Observer Sampling Station Inspection 
Reports will be issued annually by NMFS.
    This final rule adds Sec.  679.51(e)(1)(viii)(G) to require vessel 
operators to provide reasonable assistance to observers during halibut 
deck sorting. When halibut deck sorting, vessel operators and crew will 
be required to provide halibut sorted on the deck to the observer, in 
order to facilitate timely sampling by the observer and reduce delays 
in onboard factory processing of fish.
2. Equipment Requirements
a. Motion Compensated At-Sea Flow Scale and Observer Sampling Station
    This final rule modifies existing catch weighing and data sources 
requirements at Sec. Sec.  679.32(c)(3)(i)(C)(4), 679.63(a)(1), 
679.84(c)(1), and 679.93(c)(1) to add catch weighing requirements for 
C/Ps and motherships participating in halibut deck sorting in the 
Amendment 80 sector, BSAI TLAS, CDQ sector, and Rockfish Program 
fisheries. These modifications remove the requirement for halibut 
sorted on deck to be weighed on a NMFS-approved flow scale prior to 
discard.
    This final rule modifies regulations specifying methods used for 
CDQ catch estimation on C/Ps and motherships using trawl gear at Sec.  
679.32(c)(3)(ii)(C) to accurately describe catch accounting data 
sources including when halibut

[[Page 55048]]

deck sorting occurs during groundfish CDQ fishing.
    This final rule also modifies Sec.  679.28(d)(9) to outline and 
define requirements for an observer deck sampling station that must be 
on board motherships and C/Ps participating in halibut deck sorting 
described at Sec.  679.120. The observer deck sampling station must be 
located on deck and will be required in addition to the observer 
sampling station in the factory. The observer deck sampling station 
must meet specifications and requirements similar to the existing 
observer sampling station, with the exception that vessels 
participating in halibut deck sorting will be required to have only a 
single pathway for halibut to be conveyed to an observer at an observer 
deck sampling station, as well as a single point of discard after each 
work table that is visible to the observer collecting the data on 
discarded halibut.
b. Video Monitoring
    This final rule adds video monitoring requirements for vessels 
participating in halibut deck sorting at Sec.  679.28(l). Vessels are 
required to record and retain video for the entire trip where halibut 
deck sorting may occur. Vessels are also required to maintain full 
video coverage of all areas on deck where halibut may be sorted from 
the catch and/or discarded. This requirement differs from the permit 
conditions in the 2019 EFP that require vessels to record and retain 
video only while halibut deck sorting is occurring. As stated in 
existing regulations at Sec.  679.28(e)(1)(v), the video data must be 
retained onboard the vessel for no less than 120 days after the date 
the video is recorded unless otherwise notified by NMFS

B. Additional Regulatory Changes

    This final rule modifies Sec.  679.28(i)(1) to remove a monitoring 
provision known as Option 2--line of sight option for bin monitoring 
standards. This monitoring option facilitated an observer's view of 
fish holding bins, but is no longer used; thus, this regulation is 
unnecessary.
    This final rule also modifies Sec. Sec.  679.28(d)(10) and 
679.28(i)(5) to remove the requirements that restrict the validity of 
the observer sampling station, bin monitoring inspection and associated 
reports to 12 months from the date of the inspection allows for 
additional flexibility for the Observer Program to determine the exact 
length of the approval and potentially synchronize sampling station and 
bin monitoring inspections with other applicable equipment inspection 
requirements. This change reduces the need for vessels to schedule 
multiple in-person inspections at different times of the year, thereby 
reducing costs of complying with regulations.
    This final rule includes a number of regulatory edits to improve 
clarity and consistency, and to remove unnecessary or out of date 
regulations. These modifications do not impact vessel operations. 
Section 679.28(b)(5)(v) is removed because it describes calibration and 
log requirement regulations for printed reports from the fault log that 
were applicable to 2015 only. This final rule adds the word ``views'' 
when describing display requirements for cameras at Sec.  
679.28(e)(1)(vii) and (e)(1)(viii)(A), and also updates the website 
address for the NMFS Alaska Region in Sec.  679.28(e)(2).

Response to Comments

    NMFS received two letters containing eight distinct comments on the 
proposed rule. A summary of relevant comments and NMFS' response 
follows. In addition to the written comments received from the public 
and the Council on the proposed rule, NMFS also received oral comments 
on the proposed rule during a public meeting held in Seattle, WA, on 
April 18, 2019 (84 FR 13252, April 4, 2019). The oral comments received 
during the public meeting mirrored the written comments and are 
included below.
    Comment 1: We support the implementation of regulations to allow 
halibut deck sorting on trawl C/Ps and motherships participating in the 
non-pollock groundfish fisheries off Alaska.
    Response: NMFS acknowledges the comment.
    Comment 2: Observer data collection methodologies for halibut deck 
sorting in 2020 should be based on the observer data collection 
methodologies used in the 2019 EFP.
    Response: NMFS acknowledges this comment. Deck sorting sampling 
protocols have been informed by many years of EFPs, and NMFS does not 
anticipate significant changes from 2019 sampling protocols in 2020.
    Comment 3: NMFS should describe observer data collection procedures 
and methodologies that will be used in 2020 in its final rule response 
to comments.
    Response: NMFS disagrees. The Council and NMFS have a long-
established process for communicating observer data collection 
procedures through the Council's Fisheries Monitoring Advisory 
Committee (FMAC) and a series of annual documents prepared and 
presented by NMFS to the Council and the Council's FMAC, Science and 
Statistical Committee, and Advisory Panel. As stated in the preamble to 
the proposed rule, and the preamble to this final rule, observer data 
collection procedures are not directly regulated by this action. As 
stated in response to the previous comment, NMFS does not anticipate 
significant changes in observer data collection procedures from 2019 in 
2020. However, defining one specific set of observer data collection 
procedures for one year (2020), in this final rule could differ from 
potential future changes in observer data collection procedures in 
future years. This could create confusion among fishery participants 
and is not a necessary component of this final rule.
    NMFS intends to recommend that observer data collection procedures 
be added to the FMAC agenda for their September meeting. This would 
provide for public input of the observer data collection procedures and 
methodologies associated with halibut deck sorting that will be used in 
2020.
    Comment 4: In the future, changes to Observer data collection 
methodologies for halibut deck sorting should be developed in 
consultation with the Council to ensure that the primary objective of 
halibut mortality reduction is achieved. Additionally, NMFS should 
highlight any changes made to data collection methods during the year 
in its management report at the next Council meeting.
    Response: NMFS agrees in part. The Council, in consultation with 
NMFS, designed and implemented the Observer Program to station 
observers and electronic monitoring systems on board commercial fishing 
vessels to collect data necessary for the conservation, management, and 
scientific understanding of the commercial groundfish and Pacific 
halibut fisheries of the BSAI and GOA management areas. Observers use 
scientific sampling protocols to collect fishery-dependent information, 
which can then be used to estimate total catch and interactions with 
protected species. Observer data collections have evolved over time as 
new data demands emerge. Deck sorting presents additional observer data 
collection requirements. Each year, NMFS publishes an Observer Sampling 
Manual (AFSC 2018),\1\ which contains the comprehensive sampling 
procedures and methods to be used by observers to collect fishery-
dependent data.
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    \1\ Alaska Fisheries Science Center (AFSC) 2018. 2019 Observer 
Sampling Manual. Fisheries Monitoring and Analysis Division, North 
Pacific Groundfish Observer Program. AFSC, 7600 Sand Point Way NE, 
Seattle, Washington 98115.
---------------------------------------------------------------------------

    NMFS agrees that the primary objective of the deck sorting program 
is to reduce halibut mortality, not

[[Page 55049]]

maximize halibut mortality savings (via reduced vessel specific DMRs) 
for participating vessels. Data collection procedures will continue to 
be designed to accurately quantify the reduction in halibut mortality, 
the total catch of halibut, and the condition of halibut discarded 
within the workload limitations and data collection priorities set each 
year through the Council's groundfish plan team process. Data 
collection methods must balance data needs with what a single observer 
can accomplish while avoiding undue pressure on an observer to change 
their sampling to maximize halibut mortality savings.
    As noted in the previous comment, the Council and NMFS have a 
public process for communicating observer data collection procedures 
through the Council's FMAC. For 2020, NMFS intends to recommend to the 
FMAC that deck sorting protocols be added to the agenda for its 
September 2019 meeting. This practice can be continued annually as 
needed. The Council's FMAC is the established committee dedicated to 
monitoring programs and fishery-dependent data collections. Minutes 
from each FMAC meeting are provided to the Council, and the FMAC 
reports directly to the Council. In addition, Section 679.51(c)(3) 
states that vessel, shoreside processor, and stationary floating 
processor owners and operators, as well as observers and observer 
providers, may contact NMFS in writing to request assistance in 
improving observer data quality and resolving observer sampling issues. 
Through these established processes, the public and stakeholders can 
receive information and provide input on all NMFS monitoring programs, 
including any new sampling procedures involving deck sorting. As such, 
it is not necessary for NMFS to provide updates about halibut deck 
sorting activities continually throughout the year at each Council 
meeting.
    Comment 5: The time limit for halibut deck sorting should be 
specified in regulation and applied to all vessels participating in 
halibut deck sorting rather than including this time limit in each 
vessels annual deck sampling station inspection report as proposed.
    Response: NMFS disagrees. There are several operational 
considerations involved with setting discard time limits. NMFS designs 
observer sampling methods using the best available data and needs to 
preserve the ability to make changes as new information becomes 
available. The 35-minute time limit for halibut deck sorting used in 
the 2019 EFP was an operational choice, and was not set strictly from 
data collected from previous years of the EFP. Further, specified 
halibut deck sorting time limits in regulation would require a 
rulemaking to make any changes. By not specifying the halibut deck 
sorting time limit in regulation, NMFS in coordination with public 
input received by fishery participants, the Council, and the Council's 
subsidiary bodies has the flexibility to revise the time limit using 
new information or adapting to new fishing or catch handling situations 
that may arise in consultation with the public. NMFS makes data-driven 
decisions on sampling protocols, and at this time there are no data to 
demonstrate that the time limit should be something other than 35 
minutes. Therefore, NMFS does not intend to make changes to this time 
limit for 2020.
    Vessel-specific time limits may become necessary to ensure that 
differences in fishing practices and catch handling techniques can be 
considered in setting deck sorting time limits. Further, including the 
time limit on the Observer Sampling Station Inspection Reports ensures 
that the operator has this information in writing from NMFS and that 
all observer-related requirements are in a single document for the 
vessel operator.
    As responses to comments 2, 3 and 4 indicated, changes to observer 
data collection procedures can be vetted through established public 
processes, beginning with the FMAC. The Council typically requests the 
FMAC to review changes to observer sampling procedures but the Council 
may decide to directly take up any specific issues that are on the 
FMAC's agenda.
    Comment 6: Proposed regulations at Sec. Sec.  679.7(e)(12) and 
679.28(l) would prohibit deck sorting for the remainder of a trip if 
any of the video monitoring systems fail during the course of a trip. 
These regulations should be revised to be the same as how camera 
failures are handled under the 2019 EFP.
    Response: NMFS disagrees with this comment. As stated in the 
preamble to the proposed rule, video monitoring is necessary to verify 
that all halibut sorted on deck from each haul is accounted for 
accurately. Under a regulated program, recorded video is a primary 
compliance monitoring tool that NOAA Office of Law Enforcement uses to 
verify compliance with catch handling and monitoring requirements 
during halibut deck sorting. Accurate accounting of halibut is a 
critical component of this deck sorting program as is described in 
detail in Section 4.1.1 of the Analysis. Video must be recorded for all 
hauls when halibut deck sorting occurs. Video monitoring requirements 
are also in place to protect observers deployed on these vessels from 
potential harassment and to guard against possible biasing of observer 
data. Sections 4.1.2 and 4.2.2 of the Analysis provide additional 
detail on enforcement concerns related to halibut deck sorting.
    During the course of halibut deck sorting under the EFP, NOAA 
Office of Law Enforcement has noted EFP participant actions that would 
be considered violations under a fully regulated program but were 
outside of their enforcement responsibilities under the EFP. Instead, 
these violations were reported to NMFS and solutions were developed 
based on discussions with EFP participants. If a participant was 
routinely found in violation of EFP parameters, they would then be 
excluded from the EFP altogether.
    In addition, allowing vessels to resume deck sorting without video 
monitoring could effectively prevent NOAA Office of Law Enforcement 
from enforcing other video monitoring requirements associated with 
halibut deck sorting and could create a disincentive for vessels to 
maintain their video monitoring equipment in good working order. In 
other words, if a vessel were allowed to continue to deck sort halibut 
when its video monitoring system stopped working properly, what 
motivation would there be to repair the system?
    This requirement will not prevent the vessel from fishing 
altogether if all or part of its video monitoring system malfunctions. 
If a deck camera fails, the vessel will be required only to stop 
halibut deck sorting activities until the system is repaired.
    Comment 7: Proposed regulations at Sec.  679.28(l)(1) requiring a 
vessel to ``Record and retain video for an entire trip when halibut 
deck sorting may occur'' would create a violation any time a system 
breaks during a trip with any deck sorting. These regulations should be 
revised to clarify the intent that a breakdown of video cameras on deck 
would not be an automatic violation.
    Response: NFMS acknowledges this comment. As stated in the proposed 
rule, these video monitoring requirements are needed to ensure that all 
halibut collected from an individual haul can be tracked and accounted 
for once on the vessel. Similar to the response in Comment 6, video 
monitoring is a primary tool that NOAA Office of Law Enforcement relies 
on under the regulated program. If a component of the video monitoring 
system breaks or is otherwise rendered inoperable, that vessel will be 
required

[[Page 55050]]

to terminate halibut deck sorting activities until the video monitoring 
system is repaired.
    NMFS does not intend to apply the interpretation that a vessel will 
be in violation any time a system breaks during a trip with any deck 
sorting. If the video monitoring system is not working properly, 
Sec. Sec.  679.28(l) and 679.7(e)(12) require that all halibut deck 
sorting activities be terminated until such a time that the system is 
repaired. In these cases, the vessel will be required to retain video 
recordings from the time when the video monitoring system was 
functional. The language in Sec.  679.28(l)(1) is consistent with other 
video monitoring requirements that require vessels to record and retain 
video throughout the extent of various specified fishing activities 
(see Sec.  678.28(j) and (k)). From an enforcement perspective, 
consistencies in the intent and language of comparable regulations is 
critical to ensure compliance and enforceability of applicable 
regulations. For these and the preceding reasons, NMFS disagrees with 
the comment to revise the regulatory language at Sec.  679.28(l)(1).
    Comment 8: The proposed regulations at Sec.  679.120(d)(1)(iv) 
reference a new requirement for deck safety plans to list personal 
protective equipment that must be worn by the observer while on deck. 
Clarification of the intent for these regulations and whether they 
overlap with equipment NFMS supplies and directions it gives to its 
observers would avoid confusion and unintended issues that could arise 
on vessels.
    Response: NMFS acknowledges this comment. The intent of this 
section is to outline the requirements that must be described and 
detailed in the NMFS-approved Deck Safety Plan. One of those 
requirements is that the Deck Safety Plan must contain a list of 
personal protective equipment that the observer(s) must wear while on 
deck. Different vessels will have different personal protective 
equipment requirements that the vessel operator will report in the Deck 
Safety Plan. NMFS recognizes that vessels have differing requirements 
and that the vessel operator is best suited to determine what equipment 
is appropriate for their deck-based activities.
    This final rule does not alter the amount or type of equipment 
provided to observers by NMFS or their observer providers. Observers 
should already possess all required personal protective equipment prior 
to embarking on the vessel. The Observer Program currently provides 
observers with personal floatation vests, hard hats and hearing 
protection. In the event that an observer loses or damages their 
equipment, the vessel may be asked to provide a temporary spare if they 
are able in order to allow for continued halibut deck sorting 
activities. This final rule does not change the personal protective 
equipment that observers are already required to wear, which is 
described in the annual observer sampling manual (AFSC 2019).

OMB Revisions to PRA References in 15 CFR 902.1(b)

    Section 3507(c)(B)(i) of the Paperwork Reduction Act (PRA) requires 
that agencies inventory and display a current control number assigned 
by the Director of the Office of Management and Budget (OMB), for each 
agency's information collection. Section 902.1(b) identifies the 
location of NOAA regulations for which OMB approval numbers have been 
issued. Because this final rule adds and revises collection-of-
information requirements, 15 CFR 902.1(b) is revised to reference 
correctly the sections resulting from this final rule.

Changes From Proposed to Final Rule

    NMFS made three changes to this final rule. The first change adds 
the words ``participating in'' to the applicability definition at Sec.  
679.120(a) so that it now reads ``The owner and operator of a 
mothership or catcher/processor using trawl gear in the non-pollock 
groundfish fisheries in the Gulf of Alaska and the Bering Sea and 
Aleutian Islands Management Area must comply with the requirements of 
this section when participating in halibut deck sorting as defined at 
Sec.  679.2.''. This change reduces ambiguity associated with when 
catch handling and monitoring requirements for halibut deck sorting 
apply.
    The second change removes a duplicate comma in the last sentence in 
Sec.  679.28(d)(10)(iii)(A).
    The third change added the word ``annually'' to the submission 
requirement for the Deck Safety Plan at Sec.  679.120(d)(1). It now 
reads ``Annually submit and have an approved Deck Safety Plan prior to 
participating in halibut deck sorting. The owner and operator must 
comply with all the requirements described in the NMFS-approved Deck 
Safety Plan.'' This change clarifies that the owner and operator of a 
vessel choosing to deck sort halibut must annually submit a Deck Safety 
Plan for approval by NMFS. This requirement was described in detail in 
the preamble of the proposed rule but was not clearly stated the 
regulatory text.
    These changes do not substantively modify the regulations as 
proposed.

VI. Classification

    Pursuant to section 305(d) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the BSAI and GOA FMPs, other provisions of the 
Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration that this final rule will not have a significant 
economic impact on a substantial number of small entities. NMFS 
published a proposed rule on April 16, 2019 (84 FR 15566). An initial 
regulatory flexibility analysis (IRFA) was prepared and included in the 
``Classification'' section of the proposed rule. The comment period 
closed on May 16, 2016. No comments were received on the IRFA or 
regarding this certification.
    The factual basis for certification is described below. This action 
implements catch handling and monitoring requirements to allow halibut 
PSC to be sorted on the deck of trawl C/Ps and motherships 
participating in the non-pollock groundfish fisheries off Alaska. These 
requirements build upon existing monitoring and enforcement 
requirements and are designed to allow halibut to be returned to the 
sea faster while also ensuring that observer data continue to result in 
reliable estimates of halibut incidental catch rate and viability. 
Participation in halibut deck sorting will be voluntary. However, any 
vessel operator choosing to participate in halibut deck sorting will be 
required to comply with all applicable monitoring requirements.
    In addition to the primary action, this action also changes 
observer sampling station inspection requirements in Federal groundfish 
fisheries and makes minor changes to bin monitoring requirements in the 
Amendment 80 fleet. This action also makes minor changes in 
terminology, reorganizes regulatory text, and makes other technical 
changes. The IRFA identified 40 C/Ps, owned by 10 firms, whose owners 
and operators will potentially be directly regulated by this action. A 
review of ownership affiliations, and resulting aggregate revenue, 
reveals that the combined revenue of all but one of the co-owned C/Ps 
in each of the 10 fishing corporations that own these C/Ps

[[Page 55051]]

exceeded the $11.0 million commercial fishing business revenue 
threshold and are, thus, considered large entities for purposes of the 
Regulatory Flexibility Act (RFA). In addition to the one directly 
regulated small C/P identified in the IRFA, three businesses that 
operate motherships may not exceed the fish processing business 
employee threshold of 750 employees and may be considered directly 
regulated small entities.
    Although one C/P-owning firm potentially directly regulated by this 
action is a small entity under the RFA, the vessel's participation in 
the formal deck sorting program is doubtful given current operations 
and constraints. However, if this C/P did choose to sort halibut PSC on 
deck in the future, they would do so voluntarily and only if the 
benefits of accounting for reduced halibut mortality outweigh the costs 
of compliance with program requirements. This statement is also true 
for the three mothership corporations that are potentially directly 
regulated small entities under this action.
    This action also directly regulates the owners and operators of C/
Ps and motherships subject to requirements for line of sight bin 
monitoring and timing of the observer sampling stations. However, this 
element of this final rule will not affect the one C/P that is a small 
entity because unsorted fish are not held below deck in bins on this 
vessel. In addition, none of these vessels have used line of sight bin 
monitoring since 2011, and then only in conjunction with other still 
available monitoring options. Therefore, revisions to bin monitoring 
regulations and slight relaxation of regulations affecting the timing 
of observer sampling will not impose any additional costs or 
restrictions or create any impacts that would be considered significant 
adverse economic impacts on small entities.
    For all of these reasons, this action is not expected to have a 
significant economic impact on a substantial number of small entities. 
As a result, a final regulatory flexibility analysis is not required 
and none has been prepared.

Collection-of-Information Requirements

    This final rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA) which has been approved by 
the Office of Management and Budget (OMB) under Control Number 0648-
0318 (North Pacific Observer Program) and Control Number 0648-0330 
(Alaska Region, Scale and Catch Weighing Requirements). The public 
reporting burden for these collection-of-information requirements 
includes the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information.
OMB Control No. 0648-0318
    This final rule requires vessel owners or operators of trawl C/Ps 
and motherships who choose to sort halibut PSC on deck to have a NMFS-
approved Deck Safety Plan prior to participating in halibut deck 
sorting. Currently24 vessels have participated in halibut deck sorting 
with a fully developed Deck Safety Plan. NMFS estimates approximately 
three new vessels may choose to participate in deck sorting over the 
next three years. Public reporting burden for the development of a new 
Deck Safety Plan during the first (initial) year a vessel participates 
in halibut deck sorting is estimated to average 12 hours. After the 
first year, the public reporting burden for a respondent to modify or 
renew an existing Deck Safety Plan is estimated to be one hour.
    For vessel owners or operators of trawl C/Ps and motherships who 
choose to sort halibut PSC on deck, the public reporting burden per 
response to notify the Observer Program by phone is estimated to be 
five minutes, the burden to notify the observer is estimated at two 
minutes, and appeal of a disapproved Deck Safety Plan is estimated at 4 
hours.
OMB Control No. 0648-0330
    When this action takes effect, 24 vessels will have participated in 
halibut deck sorting with installed deck video monitoring systems and 
observer deck sampling stations in compliance with regulations. NMFS 
estimates approximately three new vessels may choose to participate in 
deck sorting over the next three years. This final rule requires vessel 
owners or operators of trawl C/Ps and motherships who choose to sort 
halibut PSC on deck to install an observer sampling station on deck for 
use by the observer when deck sorting halibut. Public reporting burden 
for the installation of the observer deck sampling station during the 
first (initial) year a vessel participates in halibut deck sorting is 
estimated to average 12 hours. After the first year, annual maintenance 
of observer sampling stations both in the factory and on deck is 
expected to be minimal and will likely be done with other factory 
modifications initiated by the vessel to improve processing efficiency. 
Annual public reporting burden after the first year is estimated at one 
minute.
    In addition, these vessels must install a deck sorting video 
monitoring system on deck. Public reporting burden for the installation 
of the video monitoring system is estimated to average 12 hours. After 
the first year, annual maintenance of the video monitoring system, 
including routine inspection and time required to call out for any 
needed repair, is estimated at one minute.
    Public reporting burden for the Inspection Request for Observer 
Sampling Station, At-sea Scales, Video Monitoring Deck Sampling 
Station, and Deck Video Monitoring is estimated at 8 minutes.
    Send comments on these burden estimates or any other aspect of this 
data collection, including suggestions for reducing the burden, to NMFS 
Alaska Region (see ADDRESSES), and by email to 
[email protected], or by fax to 202-395-5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number. All currently approved NOAA 
collections of information may be viewed at https://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements

50 CFR Part 679

    Alaska, Fisheries, Pacific halibut, Recordkeeping and reporting 
requirements.

    Dated: October 7, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marien 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 15 CFR part 
902 and 50 CFR part 679 as follows:

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

0
1. The authority citation for part 902 continues to read as follows:

    Authority: 44 U.S.C. 3501 et seq.


0
2. In Sec.  [thinsp]902.1, in the table in paragraph (b), under the 
entry ``50 CFR'', add entries in alphanumeric order for ``679.28(l)'', 
``679.120(b)'', and ``679.120(c), (d), and (e)'' to read as follows:

[[Page 55052]]

Sec.  [thinsp]902.1  OMB control numbers assigned pursuant to the 
Paperwork Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                          Current OMB
                                                         control number
 CFR part or section where the information collection     (all numbers
                requirement is located                 begin  with 0648-
                                                               )
------------------------------------------------------------------------
 
                                * * * * *
50 CFR:
 
                                * * * * *
679.28(l)............................................              -0330
 
                                * * * * *
679.120(b)...........................................              -0330
679.120(c), (d), and (e).............................              -0318
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

Title 50--Wildlife and Fisheries

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

0
3. The authority citation for 50 CFR part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447; Pub. L. 111-281.


0
 4. In Sec.  679.2, add a definition for ``Halibut Deck Sorting'' in 
alphabetical order to read as follows:


Sec.  679.2  Definitions.

* * * * *
    Halibut Deck Sorting means the authorized sorting of halibut on 
deck pursuant to Sec.  679.120.
* * * * *

0
5. In Sec.  679.7,
0
a. Amend paragraph (d)(4)(i)(B) by removing ``Sec.  679.28(d)(8)'' and 
adding in its place ``Sec.  679.28(d)(10)''; and
0
b. Add paragraph (e).
    The addition reads as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (e) Halibut Deck Sorting. (1) Conduct halibut deck sorting without 
notifying the observer at least 15 minutes prior to bringing fish 
onboard as described in Sec.  679.120(e)(2).
    (2) For any haul for which the notification at Sec.  679.120(e)(2) 
is provided, allow fish to be spilled from the codend without an 
observer being present to monitor halibut deck sorting.
    (3) Sort halibut from the catch prior to weighing except in 
compliance with requirements at Sec.  679.120.
    (4) Sort halibut on deck without an observer present to monitor 
halibut deck sorting.
    (5) Discard halibut sorted on deck prior to the observer's 
completion of data collection for each halibut.
    (6) Sort or discard any species other than halibut during halibut 
deck sorting.
    (7) Conduct halibut deck sorting past the time limit set by NMFS in 
the vessel's Observer Sampling Station Inspection Report.
    (8) Conduct halibut deck sorting without complying with the 
observer deck sampling station requirements at Sec.  679.28(d)(9).
    (9) Fail to have an approved Deck Safety Plan before conducting 
halibut deck sorting.
    (10) Fail to notify the Observer Program for purposes of the pre-
cruise meeting when required by Sec.  679.120(c).
    (11) Weigh catch on a NMFS-approved scale that complies with the 
requirements at Sec.  679.28(b) when halibut deck sorting unless three 
or more observers are present on the vessel and an observer has been 
notified and is available to complete data collection duties in the 
factory.
    (12) Sort halibut without a video monitoring system meeting 
requirements at Sec.  679.28(l).
    (13) Fail to comply with any other requirement or restriction 
specified in this part or violate any provision of this part.
* * * * *

0
6. In Sec.  679.28,
0
a. Remove paragraph (b)(5)(v);
0
b. Redesignate paragraph (d)(9) as (d)(10);
0
c. Add new paragraph (d)(9);
0
d. Revise newly redesignated paragraph (d)(10) introductory text;
0
e. In newly redesignated paragraph (d)(10)(i) remove ``https://alaskafisheries.noaa.gov'' and add in its place ``https://alaskafisheries.noaa.gov'';
0
f. Revise newly redesignated paragraph (d)(10)(iii);
0
g. In paragraphs (e)(1)(vii) and (e)(1)(viii)(A), remove ``cameras'' 
and add in its place ``camera views'';
0
h. In paragraph (e)(2), remove ``https://alaskafisheries.noaa.gov'' and 
add in its place ``https://alaskafisheries.noaa.gov'';
0
i. Revise paragraph (i)(1) introductory text;
0
j. Remove paragraph (i)(1)(ii);
0
k. Redesignate paragraph (i)(1)(iii) as (i)(1)(ii) and revise it;
0
l. Revise paragraphs (i)(2) and (5);
0
m. In paragraph (i)(3), remove ``https://alaskafisheries.noaa.gov'' and 
add in its place ``https://alaskafisheries.noaa.gov''; and
0
n. Add paragraph (l).
    The revisions and additions to read as follows:


Sec.  679.28  Equipment and operational requirements.

* * * * *
    (d) * * *
    (9) Observer deck sampling station. Motherships and catcher/
processors subject to Sec.  679.120 must be equipped with a deck 
sampling station that meets the following requirements:
    (i) Accessibility. All equipment required for an observer deck 
sampling station must be available to the observer at all times when 
halibut deck sorting.
    (ii) Location. The observer deck sampling station must be located 
adjacent to the point of discard.
    (iii) Work space. The observer must be able to stand upright in 
front of the table.
    (iv) Table--(A) Size. The observer deck sampling station must 
include a table at least 0.6 m deep, 1.2 m wide, and 0.9 m high, and no 
more than 1.1 m high. The entire surface area of the table must be 
available for use by the observer. The table must be secured to the 
deck when halibut deck sorting. The table must be constructed to 
prevent fish from sliding off.
    (B) Length measuring device. The table must have a NMFS-approved 
length measuring device secured to the surface of the table.
    (v) Single pathway. There must be a single pathway for halibut to 
be conveyed to the observer deck sampling station. All halibut sorted 
on deck must pass over the observer table. There must be a single point 
of discard after the observer deck sampling station visible to the 
observer. Halibut too large to be lifted to the table may be measured 
on deck.
    (10) Inspection of the observer sampling station. Each observer 
sampling station must be inspected and approved by NMFS prior to its 
use for the first time and then once each year within 12 months of the 
most recent inspection with the following exceptions: If the observer 
sampling station is moved or if the space or equipment available to the 
observer is reduced or removed when use of the observer sampling 
station is required, the Observer Sampling Station Inspection Report 
issued under this section is no longer valid, and the observer sampling 
station must be reinspected and approved by NMFS. Inspection of the 
observer sampling station is in addition to inspection of the at-sea 
scales by an authorized scale inspector required at paragraph (b)(2) of 
this section.
* * * * *
    (iii) Observer Sampling Station Inspection Report. An Observer

[[Page 55053]]

Sampling Station Inspection Report will be issued by NMFS to the vessel 
owner if the observer sampling station meets the requirements in this 
paragraph (d). The vessel owner must maintain a current Observer 
Sampling Station Inspection Report on board the vessel at all times 
when the vessel is required to provide an observer sampling station 
approved for use under this paragraph (d). The Observer Sampling 
Station Inspection Report must be made available to the observer, NMFS 
personnel, or to an authorized officer upon request.
    (A) Deck Sorting. An Observer Sampling Station Inspection Report 
issued to the owner of a vessel participating in halibut deck sorting 
as described at Sec.  679.120 will indicate the time limit for halibut 
deck sorting activities. Considerations used by NMFS to determine the 
time limit for halibut deck sorting include, but are not limited to, 
deck space and configuration, and best available halibut viability 
information.
    (B) [Reserved].
* * * * *
    (i) * * *
    (1) Bin monitoring standards. The vessel owner or operator must 
comply with the requirements specified in paragraph (i)(1)(i) of this 
section unless the vessel owner or operator has requested, and NMFS has 
approved, the video monitoring option described at paragraph (i)(1)(ii) 
of this section.
* * * * *
    (ii) Option 2--Video monitoring system option. A vessel owner and 
operator must provide and maintain a NMFS-approved video monitoring 
system as specified in paragraph (e) of this section. Additionally, the 
vessel owner and operator must ensure that the system:
    (A) Records and retains all video for all periods when fish are 
inside the bin; and
    (B) Provides sufficient resolution and field of view to see crew 
activities from any location within the tank where crew could be 
located.
    (2) Who must have a bin monitoring option inspection? A vessel 
owner or operator choosing to operate under the video option (option 2) 
in paragraph (i)(1)(ii) of this section must receive an annual bin 
monitoring option inspection.
* * * * *
    (5) Bin monitoring option inspection report. A bin monitoring 
option inspection report will be issued to the vessel owner if the bin 
monitoring option meets the requirements of paragraph (i)(1)(ii) of 
this section. The vessel owner must maintain a current bin option 
inspection report on board the vessel at all times the vessel is 
required to provide an approved bin monitoring option under this 
paragraph (i)(5). The bin monitoring option inspection report must be 
made available to the observer, NMFS personnel, or to an authorized 
officer upon request.
* * * * *
    (l) Video monitoring for halibut deck sorting. The owner and 
operator of a mothership or catcher/processor subject to Sec.  679.120 
must provide and maintain a video monitoring system approved under 
paragraph (e) of this section when the vessel is halibut deck sorting. 
Additionally, the system must--
    (1) Record and retain video for an entire trip when halibut deck 
sorting may occur; and
    (2) Provide sufficient resolution and field of view to monitor all 
areas on deck where halibut may be sorted from the catch and discarded, 
and all crew actions in these areas.

0
7. In Sec.  679.32, revise paragraphs (c)(3)(i)(C)(4) and (c)(3)(ii)(C) 
to read as follows:


Sec.  679.32  Groundfish and halibut CDQ catch monitoring.

* * * * *
    (c) * * *
    (3) * * *
    (i) * * *
    (C) * * *
    (4) The operator of a mothership taking deliveries of unsorted 
codends from catcher vessels must weigh all catch, except halibut 
sorted on deck by vessels participating in halibut deck sorting 
described at Sec.  679.120, on a scale that complies with the 
requirements of Sec.  679.28(b). Catch must not be sorted before it is 
weighed, unless a provision for doing so is approved by NMFS for the 
vessel. Each CDQ haul must be sampled by an observer for species 
composition and the vessel operator must allow observers to use any 
scale approved by NMFS to weigh partial CDQ haul samples.
* * * * *
    (ii) * * *
    (C) Catcher/processors and motherships using trawl gear. The weight 
and numbers of CDQ and PSQ species will be determined by applying the 
observer's sampling data to the total weight of the CDQ haul.
* * * * *

0
8. In Sec.  679.51, add paragraphs (a)(2)(vi)(F) and (e)(1)(viii)(G) to 
read as follows:


Sec.  679.51  Observer and Electronic Monitoring System requirements 
for vessels and plants.

    (a) * * *
    (2) * * *
    (vi) * * *
    (F) Halibut deck sorting. Vessels subject to Sec.  679.120 must 
have at least two observers aboard at all times when halibut deck 
sorting may occur; one observer must be endorsed as a lead level 2 
observer. More than two observers are required if the observer workload 
restriction would otherwise preclude sampling as required.
* * * * *
    (e) * * *
    (1) * * *
    (viii) * * *
    (G) During halibut deck sorting, providing halibut to the observer 
on deck.
* * * * *

0
 9. In Sec.  679.63, revise paragraph (a)(1) to read as follows:


Sec.  679.63  Catch weighing requirements for vessels and processors.

    (a) * * *
    (1) Catch weighing. All groundfish landed by listed AFA catcher/
processors or received by AFA motherships must be weighed on a NMFS-
certified scale and made available for sampling by a NMFS certified 
observer. The owner and operator of a listed AFA catcher/processor or 
an AFA mothership must ensure that the vessel is in compliance with the 
scale requirements described at Sec.  679.28(b), that each groundfish 
haul is weighed separately, and that no sorting of catch, except 
halibut sorted on deck by vessels participating in the halibut deck 
sorting described at Sec.  679.120, takes place prior to weighing.
* * * * *

0
 10. In Sec.  679.84, revise paragraph (c)(1) to read as follows;


Sec.  679.84  Rockfish Program recordkeeping, permits, monitoring, and 
catch accounting.

* * * * *
    (c) * * *
    (1) Catch weighing. All catch, except halibut sorted on deck by 
vessels participating in the halibut deck sorting described at Sec.  
679.120, is weighed on a NMFS-approved scale in compliance with the 
scale requirements at Sec.  679.28(b). Each haul must be weighed 
separately and all catch must be made available for sampling by an 
observer.
* * * * *

0
11. In Sec.  679.93, revise paragraph (c)(1) to read as follows:

[[Page 55054]]

Sec.  679.93  Amendment 80 Program recordkeeping, permits, monitoring, 
and catch accounting.

* * * * *
    (c) * * *
    (1) Catch weighing. All catch, except halibut sorted on deck by 
vessels participating in halibut deck sorting described at Sec.  
679.120, are weighed on a NMFS-approved scale in compliance with the 
scale requirements at Sec.  679.28(b). Each haul must be weighed 
separately, all catch must be made available for sampling by a NMFS-
certified observer, and no sorting of catch, except halibut sorted on 
deck by vessels participating in halibut deck sorting described at 
Sec.  679.120, may take place prior to weighing.
* * * * *

0
12. Add subpart K, consisting of Sec. Sec.  679.120 and 679.121, to 
read as follows:

Subpart K--Halibut Deck Sorting


Sec.  679.120  Halibut deck sorting.

    (a) Applicability. The owner and operator of a mothership or 
catcher/processor using trawl gear in the non-pollock groundfish 
fisheries in the Gulf of Alaska and the Bering Sea and Aleutian Islands 
Management Area must comply with the requirements of this section when 
participating in halibut deck sorting as defined at Sec.  679.2.
    (b) Catch monitoring requirements--(1) Catch weighing. When halibut 
deck sorting, all catch, except halibut sorted on deck, must be weighed 
on a NMFS-approved scale in compliance with the scale requirements at 
Sec.  679.28(b). Each haul must be weighed separately, all catch must 
be made available for sampling by a NMFS-certified observer, and no 
sorting of catch, except halibut sorted on deck, may take place prior 
to weighing. When halibut deck sorting, no fish may be weighed on a 
NMFS-approved scale used to weigh catch at sea unless two observers are 
available to complete data collection duties, one on deck and one in 
the factory. A visual signal, specified in paragraph (e)(8) of this 
section, must be used to indicate when catch may not be weighed.
    (2) Observer sampling station. An observer sampling station meeting 
the requirements at Sec.  679.28(d) must be available at all times.
    (3) Observer coverage requirements. Comply with the observer 
coverage requirements at Sec.  679.51(a)(2).
    (4) Sample storage. Provide a storage space sufficient to 
accommodate a minimum of 10 observer sampling baskets. This space must 
be within or adjacent to the observer sampling station.
    (5) Vessel crew in tanks or bins. Comply with the bin monitoring 
standards at Sec.  679.28(i)(1).
    (6) Observer deck sampling station. An observer deck sampling 
station meeting the requirements at Sec.  679.28(d)(9) must be 
available at all times.
    (7) Video monitoring. Comply with the video monitoring standards 
specified at Sec.  679.28(l).
    (c) Pre-cruise meeting. Notify the Observer Program by phone at 1 
(907) 581-2060 (Dutch Harbor, AK) or 1 (907) 481-1770 (Kodiak, AK) at 
least 24 hours prior to departure when the vessel will be carrying an 
observer who has not previously been deployed on that vessel within the 
last 12 months. Subsequent to the vessel's departure notification, but 
prior to departure, NMFS may contact the vessel to arrange for a pre-
cruise meeting. The pre-cruise meeting must minimally include the 
vessel operator or manager and any observers assigned to the vessel.
    (d) Deck Safety Plan. Annually submit and have an approved Deck 
Safety Plan prior to participating in halibut deck sorting. The owner 
and operator must comply with all the requirements described in the 
NMFS-approved Deck Safety Plan.
    (1) Deck Safety Plan requirements. A Deck Safety Plan must:
    (i) Describe the route for observers to safely access and leave the 
deck sampling station and specify locations where observers may shelter 
during gear retrieval and movement.
    (ii) Describe hazardous areas and potentially hazardous conditions 
that could be encountered on deck.
    (iii) Describe communication procedures to inform the observer when 
it is safe to access the deck. These procedures must identify who will 
tell the observer it is safe to access the deck, how that communication 
will happen, and how they will communicate with the observer if a new 
safety hazard arises while on deck.
    (iv) List personal protective equipment that must be worn by the 
observer while on deck.
    (v) List all personnel the observer may contact to report safety 
issues, including safety hazards identified by the observer that are 
not covered by the Deck Safety Plan, deviations from the Deck Safety 
Plan, and any conditions that would require the suspension of halibut 
deck sorting.
    (vi) Provide procedures to ensure the observer's safety while 
working in the deck sampling station.
    (vii) Include a scale drawing showing the deck sampling station, 
the routes to access and exit the deck sampling station, emergency 
muster location, and safety hazards that could be encountered on deck.
    (2) Approval. NMFS will approve a Deck Safety Plan if it meets the 
requirements specified in paragraph (d)(1) of this section. The vessel 
must be inspected by NMFS prior to approval of the Deck Safety Plan to 
ensure that the vessel conforms to the elements addressed in the Deck 
Safety Plan. NMFS will normally complete its review of the Deck Safety 
Plan within 14 working days of receiving a complete Deck Safety Plan 
and conducting a Deck Safety Plan inspection. If NMFS disapproves a 
Deck Safety Plan, the vessel owner and operator may resubmit a revised 
Deck Safety Plan or file an administrative appeal as set forth under 
the administrative appeals procedures set out at 15 CFR part 906.
    (3) Deck Safety Plan inspection. The vessel owner and operator must 
submit a complete Deck Safety Plan to NMFS by fax (206-526-4066) or 
email ([email protected]) at least 10 working days in 
advance of the requested date of inspection.
    (4) Location. Deck Safety Plan inspections will be conducted on 
vessels tied up at docks in Kodiak, Alaska, Dutch Harbor, Alaska, and 
in the Puget Sound area of Washington State.
    (5) Changes to the Deck Safety Plan. The vessel owner and operator 
may propose a change to the Deck Safety Plan by submitting a Deck 
Safety Plan addendum to NMFS. NMFS may require a Deck Safety Plan 
inspection described at paragraph (d)(3) of this section before 
approving the addendum.
    (e) Vessel operator responsibilities. The operator of a vessel 
subject to this section must comply with the following:
    (1) Deck sorting safety meeting. Provide the observer with a copy 
of the NMFS-approved Deck Safety Plan and make available all other 
applicable inspection reports described at Sec.  679.28. The deck 
sorting safety meeting must be conducted prior to departing port and 
must include the observer, vessel operator, and key crew member who 
will be responsible for providing notification or reasonable assistance 
during halibut deck sorting. All elements of the vessel's Deck Safety 
Plan must be reviewed with the observer during this meeting.
    (2) Observer notification. Before halibut deck sorting, notify the 
observer at least 15 minutes prior to bringing fish on board.

[[Page 55055]]

    (3) Observer present. Conduct halibut deck sorting only when an 
observer is present in the deck sampling station.
    (4) Time limit. Conduct halibut deck sorting only within the time 
limit indicated on the Observer Sampling Station Inspection Report. The 
time limit begins when the codend is opened on deck. When the time 
limit is reached, all halibut deck sorting must stop.
    (5) Single sorting pathway. Convey all halibut sorted on deck to 
the observer deck sampling station via a single pathway.
    (6) Careful handling. Handle all halibut sorted on deck with a 
minimum of injury.
    (7) Sorting pace. Do not pressure or rush the observer to move 
halibut through the sampling process faster than the observer can 
handle.
    (8) Visual signal. Use a visual signal to indicate to vessel crew 
when catch may not to be weighed on a NMFS-approved scale specified in 
paragraph (b)(1) of this section. The visual signal must be on the 
conveyor belt adjacent to the flow scale and visible in the view of a 
camera required at Sec.  679.28(b)(8).


Sec.  679.121  [Reserved]

[FR Doc. 2019-22198 Filed 10-11-19; 8:45 am]
BILLING CODE 3510-22-P