Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Electronic Monitoring Program Regulations for Bottom Trawl and Non-Whiting Midwater Trawl Vessels in the Pacific Coast Groundfish Trawl Catch Share Program, 59705-59716 [2022-21322]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Rules and Regulations]
[Pages 59705-59716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21322]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 220926-0200]
RIN 0648-BH70


Fisheries Off West Coast States; Pacific Coast Groundfish 
Fishery; Electronic Monitoring Program Regulations for Bottom Trawl and 
Non-Whiting Midwater Trawl Vessels in the Pacific Coast Groundfish 
Trawl Catch Share Program

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

ACTION: Final rule.

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SUMMARY: This rule will implement electronic monitoring (EM) program 
regulations for vessels using groundfish bottom trawl and non-whiting 
midwater trawl gear in the Pacific Coast Groundfish Trawl Catch Share 
Program. This action will allow vessels using bottom trawl and non-
whiting midwater trawl gear to use EM in place of human observers to 
meet requirements for 100 percent at-sea catch monitoring. This action 
is intended to increase operational flexibility and reduce monitoring 
costs for vessels in the groundfish trawl fishery. This rule also 
revises some language in existing regulations for EM vessels and EM 
service providers to clarify and streamline EM program requirements.

DATES: Effective November 2, 2022.

Electronic Access

    This final rule is accessible at the Office of the Federal Register 
website at https://www.federalregister.gov. Background information and 
documents are available at the NMFS West Coast Region website at: 
https://www.fisheries.noaa.gov/species/west-coast-groundfish and at the 
Pacific Fishery Management Council's website at https://www.pcouncil.org/managed_fishery/electronic-monitoring/.

FOR FURTHER INFORMATION CONTACT: Colin Sayre, phone: 206-526-4656, or 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The Pacific Coast Groundfish Fishery Management Plan (FMP) 
specifies management measures for over 90 different groundfish species 
in Federal waters off the West Coast states. Target species in the 
commercial fishery include Pacific whiting (hake), sablefish, dover 
sole, and rockfish, which are harvested by vessels primarily using 
midwater trawl and bottom trawl gear, and to a lesser extent ``fixed 
gear'' fish pots and longline. The trawl fishery is managed under the 
West Coast Groundfish Trawl Catch Share Program (Catch Share Program), 
which was implemented through Amendment 20 to the FMP in January 2011. 
The Catch Share Program consists of an individual fishing quota (IFQ) 
program for the shorebased trawl fishery (including whiting and non-
whiting sectors), and cooperatives for the at-sea mothership (MS) and 
catcher/processor (C/P) trawl fisheries (whiting only). The Catch Share 
Program requires 100 percent monitoring of vessels at sea, and dockside 
when offloading, to ensure accountability for all landings and discards 
of allocated IFQ species. The West Coast Groundfish Observer Program 
(WCGOP) is responsible for the training, briefing, and in-season 
support of at-sea observers in the Catch Share Program. WCGOP helps to 
manage and review the catch data collected by observers while at sea.
    Vessel owners and first receivers are responsible for obtaining and 
funding catch share observers and catch monitors as a condition of 
participating in the Catch Share Program. To provide a potential cost-
saving alternative to human observers, the Pacific Fishery Management 
Council, NMFS, and groundfish stakeholders have been developing an 
electronic monitoring (EM) program as an option to meet at-sea 
monitoring requirements of the Catch Share Program. EM uses cameras and 
associated sensors to record and monitor fishing activities while a 
vessel is operating at sea. Video data is later reviewed by an analyst 
onshore to collect catch and effort information. EM can reduce 
monitoring costs for some vessels because it does not require deploying 
a human observer to the vessel, and associated, labor, travel, and 
logistical expenses.
    NMFS published a final rule on June 28, 2019, (84 FR 31146) that 
established the overall EM program requirements, including an 
application process and responsibilities for participating vessel 
owners and operators and EM service providers, and requirements for 
first receivers receiving catch from EM trips. These rules also 
detailed gear-specific protocols for the use of EM on whiting and fixed 
gear trips. As discussed in these rules, the Council originally 
considered including regulations for all gear types used in the Catch 
Share Program (whiting, non-whiting midwater, bottom trawl, and fixed 
gear)

[[Page 59706]]

in one regulatory amendment. However, at the time, additional 
information was needed to finalize protocols for the use of EM on trips 
using bottom trawl and non-whiting midwater gear. In April, September, 
and November 2017, the Council discussed various aspects of the EM 
program and took final action to recommend the use of EM with bottom 
trawl and non-whiting midwater trawl gear.
    At the April and June 2020 meetings, the Council considered and 
ultimately recommended other minor regulatory changes to existing EM 
program regulations implemented under the June 2019 final rule (84 FR 
31146; June 28, 2019). These regulatory changes were identified and 
developed from information collected through exempted fishing permits 
(EFPs) used to test EM systems and protocols, and are intended to 
clarify and streamline EM program requirements. These regulatory 
changes are included under this rule, and are described in the 
following sections of this preamble.
    At the Council's recommendation, NMFS published an interim final 
rule on October 6, 2021 (86 FR 55525) to delay the start date for the 
EM program until at least January 1, 2024, and only after NMFS issues a 
public notice at least 90 calendar days before it will begin accepting 
applications for EM authorizations for the first year of the program. 
NMFS approved the recommendation, to strengthen Council and industry 
support for the EM program, increase participation when the program is 
implemented, and to provide additional time for industry and 
prospective service providers to prepare for implementation. The full 
rationale for the Council's recommendation to delay EM program 
implementation is detailed in the March 1, 2022 proposed rule for this 
action (87 FR 11382), and is not repeated here.
    Consistent with the October 6, 2021 interim final rule (86 FR 
55525), the EM program for the trip types included in this final rule 
will not be effective before January 1, 2024. A more extensive 
discussion of the development of these regulatory changes and the 
overall EM program is available in the March 1, 2022 proposed rule for 
this action (87 FR 11382) and is not repeated here.

II. Final Measures

Measures for Using EM on Bottom Trawl and Non-Whiting Midwater Trawl 
Trips

    The June 2019 final rule (84 FR 31146; June 28, 2019) implemented 
the overall framework and general requirements for the EM program, 
including an application process for vessel owners and EM service 
providers and responsibilities for all program participants. This rule 
will allow vessels participating in the EM program to use bottom trawl 
gear or midwater trawl gear targeting non-whiting species, under the 
same general program requirements already in place for trips targeting 
whiting or using fixed gear. Vessel owners will be able to apply to 
NMFS to use EM in place of human observers to meet the 100 percent at-
sea monitoring requirements of the Catch Share Program for bottom trawl 
or non-whiting midwater trawl trips. Vessel owners intending to use EM 
for bottom trawl or non-whiting midwater trawl trips are required to 
develop a vessel monitoring plan (VMP) which documents installation of 
EM systems, including specific plans and procedures for system 
operation, maintenance, and catch handling. This information will be 
submitted to NMFS for review as part of the vessel's application for 
authorization to use EM. The vessel operator is required to record 
discards of IFQ species on a logbook, which will initially be used to 
debit quota pounds from the vessel's account. The EM video data will 
then be reviewed by the vessel's EM provider and used to validate the 
discards reported in the logbook. The amount of video reviewed to audit 
the logbook will be as specified by NMFS in consultation with the 
Council and based on performance.
    A detailed description of EM program requirements is contained in 
the September 2016 proposed rule (81 FR 61161; September 6, 2016) and 
June 2019 final rule (84 FR 31146; June 28, 2019) and is not repeated 
here. This proposed rule revises the gear-specific requirements of the 
EM program to add requirements for trips using bottom trawl and non-
whiting midwater trawl gear, which are described in the following 
sections of this preamble.
Catch Retention
    Under this rule, two different discard and catch retention rules 
can be used with EM on bottom trawl and non-whiting midwater trawl 
trips: ``maximized'' or ``optimized'' retention. Vessel operators will 
be able choose the preferred retention rule under which they plan to 
operate for a fishing trip using EM. As part of the required 
declaration report, prior to departing on a fishing trip, vessel 
operators will declare whether they intend to use maximized or 
optimized retention rules for EM trips. Declaration reports are 
described in additional detail in following sections of this preamble.
    Under ``maximized'' retention requirements, vessels on bottom trawl 
and non-whiting midwater trawl trips do not sort or discard catch at 
sea, and are required to retain all catch until landing, with 
exceptions for prohibited and protected species.
    Under ``optimized'' retention, EM vessel operators are allowed to 
discard species that can be differentiated on camera, and must retain 
those species that cannot be easily distinguished in video data. Some 
groundfish species are difficult to distinguish from each other without 
close inspection of certain physical features which cannot be easily 
viewed using video data. Species easily differentiated that may be 
discarded will be listed in Sec.  660.604(p).
    Vessel operators using EM on bottom trawl and non-whiting midwater 
trawl trips are responsible for ensuring all discarded catch is 
discarded following catch handling instructions in the NMFS-accepted 
VMP. This rule will allow NMFS to specify alternate retention 
requirements in a NMFS-accepted VMP through the process described at 
Sec.  660.604(f), after consultation with the Council and issuance of a 
public notice of the changes.
    Both retention rules have trade-offs, depending on the target 
species and gear type used. ``Maximized'' retention simplifies catch 
handling at sea, and video review, as only prohibited and protected 
species discards would need to be differentiated on camera. 
``Optimized'' retention allows vessel operators to discard catch that 
can be differentiated on camera, and reduces the burden of having to 
store and later dispose of unmarketable or otherwise undesirable fish. 
The Council determined that allowing vessel operators to choose the 
retention rules that best fit the operation of their gear and vessel, 
as well as the characteristics of the target species, would provide 
operational flexibility while ensuring the reliability of EM video data 
for discard accounting.
    This rule also expands the definition of prohibited species for the 
purposes of retention requirements under EM regulations at Sec.  
660.601. California Department of Fish and Wildlife (CDFW) recommended 
this regulatory change to ensure state-managed species are treated in 
the same manner as prohibited species if the vessel operator, or first 
receiver, does not have the appropriate state permit to land and sell 
these particular species of fish. Because the retention/discard species 
list can change through time, CDFW recommended to the Council 
regulatory language that would cover any state-

[[Page 59707]]

managed species to eliminate the need for further revisions should 
other state-managed species be added to or removed from the lists.
EM Declaration and Switching Between EM and Observers
    Under the regulations being finalized through this rule, vessels on 
bottom trawl and non-whiting midwater trawl trips are allowed to switch 
between using EM systems on some trips and human observers on others. 
West Coast fisheries regulations at Sec.  660.13(d) require vessel 
operators to declare the fishery sector in which they will participate, 
the area to be fished, and the gear and monitoring type (EM or 
observers) they intend to use prior to leaving port, with limited 
exemptions. The gear types or sectors, and monitoring types that must 
be declared are listed in regulations at Sec.  660.13(d)(4)(iv)(A). 
These declarations are sent through phone call to the NMFS Office of 
Law Enforcement (OLE), and are binding for the duration of the fishing 
trip for which they have been made. Though catcher vessels 
participating in the Pacific whiting fisheries may change their 
declarations between the mothership and shorebased sectors while on the 
same trip, monitoring type declarations cannot be changed while at sea. 
This rule modifies the list of declarations to include EM as a 
monitoring type that may be selected and declared on trips with bottom 
trawl and non-whiting midwater trawl gear.
    Under existing regulations at Sec.  660.604(e)(3)(ii), EM vessel 
operators are required to submit annual tentative fishing plans to 
NMFS. Tentative fishing plans are used by WCGOP and observer providers 
to plan training and deployment of observers. Tentative fishing plans 
are a description of the vessel owner's fishing plans for the year, 
including which fishery the vessel owner plans to participate in, from 
what ports, and when the vessel owner intends to use EM and observers. 
The information provided in tentative fishing plans is for purposes of 
planning observer training and deployments, and is not binding.
    Under the regulations finalized through this rule, vessel owners 
and operators taking bottom trawl and non-whiting midwater trawl trips 
would not be restricted on the number of times they could switch 
between EM and observers during the year. Vessel operators are required 
to communicate their intended monitoring type before fishing through 
declarations to NMFS OLE. The Council determined that by using 
tentative fishing plans, disruption to observer training and deployment 
would be mitigated should vessel operators choose to switch monitoring 
types, therefore eliminating the need to require limits on switching 
monitoring types. The option to switch between EM and observers 
provides vessel operators flexibility to use the best monitoring 
strategy when considering efficiency, cost, or other operational 
factors of their individual fishing and business plans at a given time. 
Under the regulations finalized in this rule, there is no limit on 
switching between observers and EM for non-whiting midwater trawl and 
groundfish bottom trawl vessels.
Observer Program Declaration
    Under existing regulations at Sec.  660.604(n), as described above, 
a vessel operator must declare their intent to use either EM or 
observers 48 hours prior to leaving port. Under regulations for 
``maximized'' and ``optimized'' retention, the operator is also 
required to include the retention rules they intend to use in their 
declaration to WCGOP 48 hours prior to leaving port on a trip using EM 
with bottom trawl or non-whiting midwater trawl gear. This timeframe 
and declaration allows for the planning of observer deployment. 
``Optimized'' retention EM trips will continue to require partial 
observer coverage for the purpose of collecting biological samples of 
discarded catch. Biological samples include age, sex, and length 
specimen data, which cannot be obtained through EM systems. Requiring 
the vessel operator to notify WCGOP of their intended retention type 
will ensure optimized retention trips can be selected for biological 
sampling. WCGOP does not require partial observer coverage on maximized 
retention EM trips for biological sampling at this time, but could 
potentially in the future.
Group EM Authorization and Self-Enforcing Agreements
    Under these final regulations, a group of eligible vessel owners 
participating in the shorebased IFQ sector, including those that take 
bottom trawl and non-whiting midwater trawl trips, may obtain a group 
EM authorization through a self-enforcing agreement. Through a private, 
contractual arrangement, a self-enforcing agreement allows a co-signed 
group of vessels, owners, operators, and other interested parties to 
cooperatively encourage, and enforce, compliance of EM program 
requirements by members. To be considered for a group EM authorization, 
a group of vessel owners must submit a complete initial EM 
authorization application package to NMFS for review and approval. The 
package must include a copy of the self-enforcing agreement to be 
eligible to receive a group EM authorization. Participating vessel 
owners are required to agree to conduct fishing operations according to 
the terms of the self-enforcing agreement. NMFS will still bear the 
ultimate responsibility for enforcing the EM regulations.
    The self-enforcing agreement must include a description of 
participating members, responsibilities, procedures for communication 
with members and NMFS, equipment performance standards, provisions for 
the use and protection of confidential data, measures to enforce 
compliance, procedures for addressing non-compliance of members, and 
annual reports to the Council.
    Under final regulations, NMFS has the authority to invalidate a 
group EM authorization if determined that any of the vessels, owners, 
and/or operators no longer meet the eligibility criteria for the self-
enforcing agreement. NMFS would first notify the members of the group 
EM authorization of the deficiencies in writing, providing instructions 
for members to correct the deficiencies. If the deficiencies are not 
resolved upon review of the first trip following the notification, NMFS 
will notify the members in writing that the group EM authorization is 
invalid and that the members are no longer exempt from observer 
coverage at Sec. Sec.  660.140(h)(1)(i) and 660.150(j)(1)(i)(B) for 
that authorization period. After the invalidation of a group EM 
authorization, individual vessels would be able to apply for individual 
authorizations.
    The Council recommended the allowance of self-enforcing cooperative 
agreements for shorebased IFQ vessels in the EM program based on prior 
participation in EM EFPs by fishing cooperatives. Under these final 
regulations, a fishing collective that has operated under a cooperative 
self-enforcing agreement to test EM under EFPs will be able to apply 
for authorization to continue self-enforced compliance with the EM 
program. This rule allows additional groups of shorebased IFQ vessels 
applying for EM authorization to enter in the self-enforcing 
cooperative agreements. These agreements are intended to help encourage 
compliance with the many day-to-day responsibilities for EM system 
maintenance and catch handling requirements of the EM program.

Regulatory Changes To Refine Existing EM Program

    In June 2019, NMFS published the final rule (84 FR 31146; June 28, 
2019)

[[Page 59708]]

establishing responsibility requirements for vessel operators using EM 
systems, and for EM service providers. These responsibilities are 
detailed in the 2019 final rule, and include declaration of EM systems 
use by vessel operators, protocols for transferring and handling EM 
data, logbook processing requirements, and technical reports by EM 
service providers. Minor changes necessary to clarify these regulations 
were identified after the publication of the 2019 final rule. The 
regulatory changes described below were developed through Council 
discussion with NMFS and members of industry at the Council's April and 
June 2020 meetings. The Council's intent in developing these regulatory 
changes is to refine and clarify certain EM program requirements and 
improve the effectiveness of the EM program overall in meeting its 
intended monitoring goals for the Trawl Catch Share Program.
1. Hard Drive Deadline
    This regulatory change increases the hard drive submission deadline 
to 72 hours from the beginning of the offload following a fishing trip 
in which EM was used. Under EM program regulations at Sec.  
660.604(s)(3), vessels using EM systems are required to submit hard 
drives storing EM video data within 24 hours of beginning an offload 
after a fishing trip. Increasing this deadline to 72 hours aligns it 
with the hard drive submission requirements used under EM EFPs. This 
change provides additional time for vessel operators to comply with 
hard drive submission requirements with minimal impact to the 
timeliness of data. This change would also ensure a smooth transition 
for vessels operating under EFPs to the full EM program regulations 
when they become effective.
2. Reusing Hard Drives
    This regulatory change requires the scrubbing of EM hard drives 
only if end-to-end encryption is not used. EM regulations at Sec.  
660.603(m)(3) require service providers to remove all EM data before 
hard drives can be reused in the field. This requirement was intended 
to ensure protection of confidential information for vessel owners and 
operators. However, regular scrubbing of hard drives can shorten their 
functional life, and requires their replacement more frequently, 
increasing operational costs for EM users. NMFS and the Council 
determined that the use of end-to-end encryption will sufficiently 
protect sensitive information and extend the life of EM hard drives. 
End-to-end encryption protects information encrypted by the sender, 
allowing only recipients with the encryption key to decrypt and access 
the information. Third parties without the encryption key would not 
have the means to read the files. Starting in 2017, NMFS stopped 
requiring scrubbing of hard drives that use end-to-end encryption in 
the EM EFP, which is consistent with practices in other regions. This 
regulatory change will reduce program costs, and still allow vessel 
owners to work with service providers to develop more strict 
requirements for the treatment of hard drives.
3. Limit on Switching Between EM and Observers for Whiting Vessels
    This regulatory change removes the limit on switching between 
observers and EM for whiting trips. Regulations at Sec.  660.604(m) 
previously restricted vessel operators on whiting trips from revising a 
monitoring declaration more than twice per calendar year, except in the 
case of an EM system malfunction. The limit was intended to prevent 
frequent switching that could disrupt deployment planning and affect 
the availability of observers. As NMFS described, and finalized in the 
June 2019 final rule (84 FR 31146; June 28, 2019), NMFS may waive the 
limit on switching between monitoring types if it is not necessary for 
planning observer deployment. After the 2019 final rule published, NMFS 
and the Council determined that a regulatory restriction on how many 
times a vessel taking whiting trips can switch between observers and EM 
was unnecessary. Under current regulations, vessel owners are required 
to provide a tentative fishing plan when they apply for their annual EM 
Authorization, in which the vessel owner gives NMFS advance notice of 
their plans to use EM and observers for the upcoming fishing year. 
WCGOP and observer providers then can use this information for planning 
purposes. This information negates the need for restrictions on 
switching between observers and EM. Therefore NMFS is implementing the 
Council's recommendation to eliminate the limit on switching between EM 
and observers for whiting trips under this final rule. This change will 
align the flexibility in moving between EM and observer coverage across 
all trip types (bottom trawl, whiting midwater, non-whiting midwater, 
and fixed gear).
4. Mothership/Catcher Vessel (MS/CV) Endorsement
    EM regulations at Sec.  660.604(e)(1)(iii) previously required a 
vessel applying to use EM in the mothership sector to have a valid 
mothership/catcher vessel (MS/CV) endorsement to qualify for 
authorization. This requirement was initially included for vessels 
testing EM under EFPs, as having valid permits for all intended fishing 
activities is a standard requirement for EFP eligibility. However, the 
regulations governing mothership cooperatives at Sec.  660.150(g)(1) 
allow for a vessel without an MS/CV endorsement, but that is enrolled 
in the mothership cooperative, to deliver to a mothership. It was not 
the Council's and NMFS's intent to restrict participation with EM to 
only those vessels with an MS/CV endorsement. Including this 
eligibility criterion was a holdover from the EFP terms and conditions 
and is not consistent with Council intent. Therefore, this rule removes 
the requirement at Sec.  660.604(e)(1)(iii) for an MS/CV endorsement to 
be eligible to use EM on MS/CV trips.
5. Logbook Processing
    This regulatory change requires all vessel owners to submit discard 
logbooks directly to their EM service providers following a fishing 
trip in which EM was used. EM service providers will receive and 
process discard logbooks by entering data, performing quality assurance 
and control, and subsequently submit logbook data to NMFS for review. 
Service providers are required to submit initial logbook data to NMFS 
within two business days of receipt from vessel operators.
    EM regulations at Sec.  660.604(s) previously required vessel 
operators to submit discard logbooks directly to NMFS or its agent for 
processing. Under this model, NMFS would check logbooks for accuracy 
and issues and enter data, which would then be used to initially debit 
discarded catch from vessel IFQ accounts. EM service providers review 
video data separately, with WCGOP providing some logbook data to EM 
service providers that is necessary for completing the video review, 
such as trawl gear codend capacity, but with most identifying logbook 
data withheld to ensure video review is done blind.
    Under previous regulations, having NMFS process logbooks directly 
would require back-and-forth with EM service providers to accurately 
match logbooks with EM trips, select trips or hauls for review, compare 
logbook and EM discard estimates, and investigate any discrepancies. 
Vessel owners were required to submit logbooks directly to NMFS via a 
secure transmission method to comply with confidentiality and data 
security requirements, limiting the methods by which NMFS can receive 
logbooks.

[[Page 59709]]

    NMFS and the Council determined it is more efficient and cost 
effective to have EM service providers receive both logbooks and EM 
data directly from vessel owners for initial processing, entry, and 
quality control, and simply report final data to NMFS. NMFS will also 
receive logbooks, and use its debriefing procedures to carry out 
quality control on the logbook data and to check for potential bias in 
the video review. Having EM service providers process logbooks also 
allows individual vessel operators to develop optimal submission 
methods for discard logbooks with their respective EM service 
providers. NMFS supports the Council's recommendation and is therefore 
implementing the change through this final rule.
6. Reporting Deadlines for EM Service Providers
    Under regulations at Sec.  660.603, EM service providers are 
responsible for providing various feedback reports to vessel operators, 
and summaries to NMFS. These reports include logbook data, technical 
assistance, vessel operator feedback, EM summary data, and compliance 
reports. Submission of this information by service providers has been 
required in regulations as of June 2019; however, deadlines for the 
submission of these reports were not originally specified in 
regulation. Under this final rule, NMFS would establish submission 
deadlines for these required EM service providers' reports. This change 
will allow NMFS to enforce timely submission of EM data. The submission 
deadlines for each report are specified below.

A. Discard Logbooks

    As described previously in this preamble, vessel operators would 
submit discard logbooks directly to EM service providers for 
processing. Under this final rule, service providers will submit 
initial logbook data to NMFS within two days of receipt from vessel 
operators. This deadline will help to ensure timely debiting of 
discards from vessel IFQ accounts, and is consistent with submission 
timelines used for EM EFPs and WCGOP observer data. Setting the 
deadline based on the receipt of initial, rather than final, logbook 
data will ensure service providers are not held responsible for late or 
incomplete submissions from vessel operators. After initial logbook 
submission, the EM service provider will work with the vessel operator 
to review data and, if necessary, revise and submit updated logbook 
data. Under these regulatory changes, requiring concrete deadlines for 
these reports in the regulations will ensure the timely submission of 
discard estimates from logbook data, which is essential for discard 
accounting in the Catch Share Program, and to provide clear 
expectations for all participants.

B. Reports of Technical Assistance

    Under current regulations at Sec.  660.603(k), EM service providers 
are required to submit reports to NMFS when technical assistance is 
requested by vessels on EM trips. These reports of technical assistance 
allow NMFS to monitor the performance of EM systems and field services, 
and follow up should any potential enforcement issues arise. Under this 
final rule, NMFS will require technical assistance reports to be 
submitted within 24 hours of the EM service provider being notified by 
the vessel operator. This change is consistent with how these 
notifications have occurred in the EM EFPs.

C. Vessel Feedback Reports

    Under current regulations at Sec.  660.603(m)(4), EM service 
providers are required to provide feedback reports to vessel operators 
and field services staff. Feedback is required on EM systems, crew 
responsibilities, and any other information that would improve the 
quality and effectiveness of data collection on the vessel. Through 
this final rule, NMFS is requiring feedback to be submitted to vessels 
within three weeks of the date EM data is received from the vessel 
operator for processing by the service provider. Prospective service 
providers, EFP vessel operators, and industry members have provided 
feedback through the Council process that three weeks is a reasonable 
timeline for the submission vessel feedback reports. Specifically, a 
submission deadline of three weeks after the service provider receives 
the hard drive from a vessel will ensure that EM service providers are 
not held responsible for late submissions by vessel operators. Concrete 
and enforceable deadlines are necessary to ensure service providers 
submit feedback reports in a timely manner, and establish the data 
processing procedures to meet these deadlines. It is critically 
important to provide timely feedback to vessel captains and crew on 
catch handling, EM system care, and other aspects of operations that 
affect data quality. Timely feedback to vessels will help to ensure the 
quality of EM data, and reliability of the EM program in meeting 
monitoring goals of the Catch Share Program.

D. EM Summary Data and Compliance Reports

    Current regulations at Sec.  660.603(m)(5) require service 
providers to submit EM summary data and compliance reports to NMFS 
following completion of video review. EM summary data includes discard 
estimates, fishing activity information, and trip metadata. This final 
rule requires EM summary data and compliance reports to be submitted to 
NMFS three weeks from the date the vessel operator submits EM data for 
processing. EM summary data and compliance reports are used by NMFS to 
debit vessel accounts, monitor program and vessel performance, and 
enforce requirements of the EM program. Trip metadata is an essential 
record of when and where EM data were created by the vessel, submission 
time, date and location of review, and point of contacts for reviewers. 
Trip metadata ensures fishing data can be accurately corroborated with 
logbook data and is necessary for a complete chain of custody and 
accountability between the vessel, service provider, and NMFS. Catch 
discards will initially be debited from vessel accounts in the IFQ 
database using logbook data, as described previously; discards would 
largely be accounted for following logbook processing, and audited 
using EM data. If there are large discrepancies between the logbook and 
EM summary data, then a longer reporting timeline may result in vessel 
account owners experiencing unexpected debits, or being unable to 
``close-out'' an account for a fishing trip until the EM data are 
received. The Council recommended three weeks, with support from NMFS, 
as being a reasonable amount of time for service providers to complete 
review and subsequently prepare summary data and compliance reports.
7. Retention of EM Data
    This rule will change the minimum length of time service providers 
are required to retain EM data records. Under previous regulations, 
service providers were required to maintain all of a vessel's EM data, 
reports, and other records specified in regulations at Sec.  660.603(m) 
Data services for a period of not less than three years after the date 
of landing for that trip. The rationale for a three-year minimum 
retention period for EM data is detailed in the June 2019 final rule 
(84 FR 31146; June 28, 2019). Since that final rule, the Council 
recommended NMFS explore a shorter data retention period, to reduce the 
burden on industry to pay for data storage by third party service 
providers, while also meeting minimum federal

[[Page 59710]]

record retention requirements. NMFS evaluated the feasibility and cost 
effectiveness of a shorter retention period, and developed a national 
policy on the minimum time that EM data must be retained. The Council 
supported NMFS evaluation and recommended a 12 month retention data 
retention period starting at the conclusion of end-of-the-year data 
reconciliation. This regulatory change will align with the 12-month 
minimum data retention period in the NMFS Procedural Directive 04-115-
03 (see ADDRESSES) for third-party minimum data retention in EM 
programs for federally managed U.S. fisheries
    Under this final rule, EM service providers will be required to 
maintain EM data for a period of not less than 12 months starting after 
NMFS has officially completed end-of-year account reconciliation and 
catch monitoring. Review of catch monitoring data, including EM data, 
usually extends beyond the close of the fishery at the end of the 
calendar year. Starting the clock for the minimum retention period 
following end-of-the-year data reconciliation will best meet the 
recommendations of the procedural directive.
8. Change in Definition of Conflict of Interest for EM Service 
Providers
    This proposed change will revise regulations at Sec.  660.603(h) 
defining limitations on conflicts of interest for EM service providers 
to exclude providing other types of technical and equipment services to 
fishing companies. The definition in regulations previously excluded 
``the provision of observer, catch monitor, EM or other biological 
sampling services, in any Federal or state-managed fisheries'' from the 
definition of a ``direct financial interest.'' After the June 2019 
final rule (84 FR 31146; June 28, 2019) was published, an EM service 
provider brought to the Council's attention that many EM vendors 
provide a range of other services to fishing companies, including 
vessel monitoring systems (VMS), automatic identification system (AIS) 
transponders, telemetry (such as product temperature monitoring for 
seafood safety), buoy and gear monitoring, sonar systems, and mandatory 
safety services. Under the previous regulatory definition, such EM 
vendors were ineligible to provide EM services. The EM service provider 
noted that there is no evidence to suggest that providing such 
technical services to fishing companies creates any greater conflict of 
interest than providing biological sampling services, and requested 
that the definition be revised. Therefore, the Council recommended, and 
NMFS is implementing, a revised definition of a conflict of interest at 
Sec.  660.603(h) to exclude providing other types of technical and 
equipment services to fishing companies.
9. Technical Corrections
    In addition to the regulatory changes already described, the 
Council also recommended two clarifying corrections to language in the 
EM program regulations. The first correction is technical and changes 
the reference to ``a NMFS-accepted EM Service Plan'' under Sec.  
660.603(a)(1) to correctly refer to paragraph Sec.  660.603(b)(1)(vii). 
The second correction changes a reference to ``owner or operator'' to 
instead be ``authorized representative of the vessel'' in Sec.  
660.603(n)(3), which is consistent with language in other regulations 
in 50 CFR 660-Fisheries Off West Coast States. This correction 
clarifies that a representative designated by the vessel owner, rather 
than solely the vessel owner or operator, is allowed to transfer EM 
data to service providers for review. NMFS supports these changes, and 
is implementing them through this final rule.

III. Comments and Responses

    NMFS issued a proposed rule on March 1, 2022 (87 FR 11382). The 
comment period on the proposed rule closed March 31, 2022. No comments 
were received during the public comment period.

IV. Changes From the Proposed Rule

    Proposed regulations intended to clarify logbook submission 
requirements within the EM program were adjusted to more clearly 
distinguish between the types of logbooks required for submission 
following trips with EM. The proposed regulations at Sec.  
660.604(p)(3), and (p)(4) as originally written in the proposed rule, 
used the term ``bottom trawl logbooks.'' This term is not defined, and 
is not used elsewhere in regulations, so in this final rule, the 
language is adjusted to instead use the term ``discard logbooks,'' as 
defined in existing EM regulations at Sec.  660.604(s)(1). 
Additionally, the proposed regulations at Sec.  660.604(s)(2), as 
originally written in the proposed rule, used the terms ``federal 
discard logbooks, and state retained logbooks''. This final rule 
revises those terms to only refer to ``discard logbooks'' and ``trawl 
logbooks'' as defined at Sec.  660.13(a)(1), to maintain clarity and 
avoid confusion. For these reasons this regulatory language is adjusted 
in this final rule.
    Finally, this final rule includes a correction to an error in 
proposed regulations at Sec.  660.13(d)(4)(iv)(A), which lists required 
vessel declarations for gear type, fishery, and intended monitoring 
type. Vessels in the Pacific Coast Groundfish Fishery are required to 
declare the gear type and monitoring they will use on a given trip. As 
described below under Reporting Requirements in this preamble, vessels 
will be able to declare ``electronic monitoring'' or ``observer'' as 
possible monitoring types on trips with bottom trawl and non-whiting 
midwater trawl gear. For the declaration type described at Sec.  
660.13(d)(4)(iv)(A)(11) text should read ``Limited entry bottom trawl, 
shorebased IFQ, not including demersal trawl or selective flatfish 
trawl, observer''. In the proposed rule the word ``observer'' was 
unintentionally omitted. This final rule makes this correction to 
ensure the declaration type was consistent with the following 
declaration option which reads ``(12) Limited entry bottom trawl, 
shorebased IFQ, not including demersal trawl or selective flatfish 
trawl, electronic monitoring''.

VI. Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this final rule is 
consistent with the Pacific Coast Groundfish FMP, Magnuson-Stevens Act, 
and other applicable laws.
    Pursuant to Executive Order 13175, this final rule was developed 
after meaningful consultation and collaboration with tribal officials 
from the area covered by the Pacific Coast Groundfish FMP. 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 final rule has been determined to be not significant for the 
purposes of Executive Order 12866. This final rule does not contain 
policies with Federalism or ``takings'' implications as those terms are 
defined in Executive Orders 13132 and 12630, respectively.

Final Regulatory Flexibility Analysis

    NMFS issued a proposed rule on March 1, 2022 (87 FR 11382), for the 
use of EM on bottom trawl and non-whiting midwater trawl vessels.
    An initial regulatory flexibility analysis (IRFA) was prepared and 
summarized in the Classification section of the preamble to the 
proposed rule. The comment period on the proposed

[[Page 59711]]

rule ended on March 31, 2022. NMFS did not receive any public comments 
on the proposed rule. The Chief Counsel for Advocacy of the Small 
Business Administration (SBA) did not file any comments on the IRFA or 
the proposed rule. The description of this action, its purpose, and its 
legal basis are described in the preamble to the proposed rule and are 
not repeated here. A Final Regulatory Flexibility Analysis (FRFA) was 
prepared and incorporates the IRFA. There were no public comments 
received on the IRFA. NMFS also prepared a RIR for this action. A copy 
of the RIR/FRFA is available from NMFS (see ADDRESSES). A summary of 
the FRFA, per the requirements of 5 U.S.C. 604 follows.
    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. The RFA (5 U.S.C. 601 
et seq.) requires government agencies to assess the effects that 
regulatory alternatives would have on small entities, defined as any 
business/organization independently owned and operated and not dominant 
in its field of operation (including its affiliates). A small 
harvesting business has combined annual receipts of $11 million or less 
for all affiliated operations worldwide. A small fish-processing 
business is one that employs 750 or fewer persons for all affiliated 
operations worldwide.
    For marinas and charter/party boats, a small business is one that 
has annual receipts not in excess of $7.5 million. A wholesale business 
servicing the fishing industry is a small business if it employs 100 or 
fewer persons on a full time, part time, temporary, or other basis, at 
all its affiliated operations worldwide. A nonprofit organization is 
determined to be ``not dominant in its field of operation'' if it is 
considered small under one of the following Small Business 
Administration (SBA) size standards: environmental, conservation, or 
professional organizations are considered small if they have combined 
annual receipts of $15 million or less, and other organizations are 
considered small if they have combined annual receipts of $7.5 million 
or less.
    The RFA defines small governmental jurisdictions as governments of 
cities, counties, towns, townships, villages, school districts, or 
special districts with populations of less than 50,000.

A Summary of the Significant Issues Raised by the Public in Response to 
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a 
Statement of Any Changes Made in the Final Rule as a Result of Such 
Comments

    No public comments were received on the proposed rule.

Description and Estimate of Number of Small Entities to Which the Rule 
Will Apply and Estimate of Economic Impacts by Entity Size and Industry

    This final rule mainly affects commercial harvesting entities 
engaged in the groundfish limited entry trawl fishery. Although this 
action proposes EM program regulations for only two trip types in the 
limited entry trawl fishery--non-whiting midwater trawl, and bottom 
trawl--any limited entry trawl vessel may participate in these 
components, provided they comply with its requirements, and therefore 
may be eligible to use EM as applied to these two trawl gear sectors. 
In addition, vessels deploying EM are likely to be a subset of the 
overall trawl fleet, as some vessels would likely choose to continue to 
use observers. However, as all trawl vessels could potentially use EM 
in the future under this action, this FRFA analyzes impacts to the 
entire trawl fleet. The total number of vessels that may be eligible to 
use EM is 175, the total number of limited entry trawl permits in 2021, 
and includes those vessels that do use bottom trawl and non-whiting 
midwater trawl gear, and those that do not. Given these entities 
participate in the program, they are most likely to be impacted by this 
rule in the short term. This number may be an underestimate if 
additional vessels elect to participate in the EM program in the 
future.

A Description of Any Significant Alternatives to the Proposed Rule That 
Accomplish the Stated Objectives of Applicable Statutes and That 
Minimize Any Significant Economic Impact of the Proposed Rule on Small 
Entities

    The RFA requires Federal agencies to conduct a full RFA analysis 
unless the agency can certify that the proposed and/or final rule would 
not have a significant economic impact on a substantial number of small 
entities. This determination can be made at either the proposed or 
final rule stage. If the agency can certify, it need not prepare an 
IRFA, a final regulatory flexibility analysis (FRFA), or a Small Entity 
Compliance Guide or undertake a subsequent periodic review of such 
rules. The NMFS Guidelines for Economic Analysis of Fishery Management 
Actions suggest two criteria to consider in determining the 
significance of regulatory impacts, namely, disproportionality and 
profitability. These criteria relate to the basic purpose of the RFA, 
i.e., to consider the effect of regulations on small businesses and 
other small entities, recognizing that regulations are frequently 
unable to provide short-term cash reserves to finance operations 
through several months or years until their positive effects start 
paying off. If either criterion is met for a substantial number of 
small entities, then the rule should not be certified for not having an 
effect on small entities. These criterion raise two questions: Do the 
regulations place a substantial number of small entities at a 
significant competitive disadvantage to large entities? Do the 
regulations significantly reduce profit for a substantial number of 
small entities?
    The preferred alternative for this rule will not have a significant 
impact when comparing small versus large businesses in terms of 
disproportionality and profitability given available information. These 
regulations are likely to reduce fishing costs for both small and large 
businesses. EM is an optional monitoring alternative to observers, and 
may provide cost savings for some vessels. Economic effects of this 
action are expected to range from neutral to positive when compared to 
the status quo. Nonetheless, NMFS has prepared this FRFA. There were no 
public comments received on this conclusion presented in the IRFA.
    The economic impacts on small entities resulting from the final 
action range from neutral to positive; these entities will have a 
choice between hiring an observer, as is status quo, or using EM. The 
choice is expected to be based on relative costs and operational 
flexibility. Observer costs are currently $499 to $537 per seaday. 
Under EM, NMFS estimates vessels in the bottom trawl fishery will spend 
between $342/seaday (which include the cost of new equipment and 
installation) or $285/seaday (without equipment costs). These estimates 
are based on 412 seadays for 10 bottom trawl vessels participating in 
EFPs from 2019-2020. Under EM, NMFS estimates per seaday costs for non-
whiting midwater trawl trips to range from $142/seaday (with equipment 
costs), and $120/seaday (without equipment costs). These estimates are 
based on 3,215 seadays for 30 midwater trawl vessels participating in 
EFPs from 2019-2020, and averaged cost estimates from four prospective 
EM service providers. These cost estimates

[[Page 59712]]

are detailed in the section ``Industry Costs'' of the FRFA included in 
the supporting documents for this final rule. These costs are likely an 
overestimate and not an accurate estimate of seaday costs for this gear 
type because it does not incorporate revenue from seadays pursuing 
bottom trawl and whiting activities that are also part of these 
vessels' portfolios. Cost of EM service, including equipment 
installation and maintenance, along with video review and data service 
is expected to vary by service provider. Entities participating in this 
fishery are not required to use EM, and have the choice to use a human 
observer instead of EM. Furthermore, the cost of EM is likely to 
decrease as technology used in EM systems (cameras, sensors, and 
electronic storage devices) that meets current specification necessary 
to meet monitoring requirements becomes cheaper over time. Therefore, 
this final action would not impose new costs on these small entities, 
and will likely provide measurable cost savings over time as individual 
vessels choose the most affordable at-sea monitoring systems relative 
to their fishing operations.
    The components of this rule have the potential to positively impact 
all entities in the catch share sector of the fishery, regardless of 
size. Therefore, the rule would impose effects on ``a substantial 
number'' of small entities, however, these effects are expected to 
range from neutral (if entities choose not to use the added flexibility 
of the provisions in this rule) to positive. Data used to inform this 
analysis was collected through EFPs and collaboration with industry and 
non-government organizations from 2012 to present.
    There are no relevant Federal rules that may duplicate, overlap, or 
conflict with this action nor were there any significant alternatives 
to the proposed rule considered that will accomplish the stated 
objectives and that minimize any significant economic impact of the 
final rule on small entities. As fishing operations are given a choice 
between two alternative monitoring systems (observers vs EM), this rule 
is likely to have neutral to positive effects on small entities. These 
regulations are likely to reduce fishing costs for both small and large 
businesses.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. A small 
entity compliance guide will be sent to stakeholders, and copies of the 
final rule and guides (i.e., information bulletins) are available from 
NMFS at the following website: https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/compliance-guides-west-coast-groundfish.

Description of the Proposed Reporting, Record-Keeping, and Other 
Compliance Requirements of This Proposed Rule Under the Paperwork 
Reduction Act (PRA)

    The action contains collection-of-information requirements that 
have been previously approved under OMB control number 0648-0785, West 
Coast Region Groundfish Trawl Fishery Electronic Monitoring Program, as 
per the PRA requirements. The requirements include vessel owner EM 
applications, renewals, and reports, EM service providers applications, 
renewals and reports, as well as vessel operator logbook, and hard 
drive submission. This rule would revise collection-of-information 
requirements to include submission of information for the formation of 
self-enforcing cooperative agreements. The action contains changes to 
collection-of-information requirements that are subject to review and 
approval by the Office of Management and Budget (OMB) as per the PRA 
requirements. NMFS has submitted these requirements to OMB for approval 
under OMB control number 0648-0785 West Coast Region Groundfish Trawl 
Fishery Electronic Monitoring Program.
    This rule will revise collection-of-information requirements to 
include submission of information for the formation of self-enforcing 
cooperative agreements. Collection of information for self-enforcing 
agreements is not mandatory, as self-enforcing agreements are an 
optional provision of the EM program under collection 0648-0785. Some 
vessel owners may choose to apply for a group EM authorization under a 
self-enforcing agreement in lieu of individual vessel authorizations. 
The self-enforcing agreement would be submitted with the initial 
applications for vessels in the group, and requires approval prior to 
accepting final applications from the group. One self-enforcing 
agreement would be completed and submitted by a designated 
representative for each group of vessel owners applying under a group 
authorization. NMFS expects no more than three such self-enforcing 
group agreements for the first three years of this collection. Each 
self-enforcing agreement is expected to take approximately 3 hours to 
complete. The total annualized time burden to prepare self-enforcing 
agreements would be 3 hours (3 hours x 3 agreements/3 years). The 
burden cost of one copy of the self-enforcing agreement is estimated at 
$3.00 ($0.10/page x 30 pages). A designated representative, or manager 
of the self-enforcing cooperative would hold at least one copy. To be 
deemed eligible to operate under the agreement, vessel owners and 
operators would be required to have executed a copy of the agreement 
for an adherence agreement under which they agree to be bound. At most, 
10 vessel owners are expected to participate in any one self-enforcing 
agreement, each would be required to have a copy of the agreement, plus 
one original copy held by the cooperative manager, is expected to 
result in a total annualized burden of $33.00 ($3.00 x 11).
    This rule includes a minor revision to declaration requirements for 
groundfish vessels using EM under West Coast Region Vessel Monitoring 
Requirement in the Pacific Coast Groundfish Fishery (OMB Control Number 
0648-0573). Vessels in the Pacific Coast Groundfish Fishery are 
required to declare the gear type and monitoring they will use on a 
given trip. Under this rule, vessels will be able to declare 
``electronic monitoring'' or ``observers'' as possible monitoring types 
on trips with bottom trawl and non-whiting midwater trawl gear. The 
change would add additional potential answers to an existing 
declaration questionnaire, which does not affect the number of entities 
required to comply with the declaration requirement (OMB Control Number 
0648-0573). Therefore, the rule does not increase the time or cost 
burden associated with this requirement.
    Similarly, this rule would adjust the requirement for EM vessels to 
notify the West Coast Groundfish Observer Program before each trip in 
place of the existing notification to an individual vessel's observer 
provider when using a catch share observer. This change would not be 
expected to increase the time or cost burden associated with the 
existing notification requirements approved under the collection 
Observer Programs' Information That Can be Gathered Only Through 
Questions (OMB Control Number 0648-0593).
    The requirement for first receivers to report protected and 
prohibited species landings was previously approved under the 
collection Northwest Region Groundfish Trawl Fishery Monitoring

[[Page 59713]]

and Catch Accounting Program (OMB Control Number 0648-0619). Under the 
rule, first receivers would continue to report protected and prohibited 
species landings, but would also report landings of catch from trips 
monitored using EM under ``maximized'' and ``optimized'' retention 
rules with bottom trawl and non-whiting midwater trawl gear. The change 
would add additional potential answers to an existing questionnaire, 
and is not be expected to change the time or cost burden or number of 
entities associated with this requirement.
    For more information, these collections, and all currently approved 
NOAA collections can be viewed at https://www.reginfo.gov/public/do/PRASearch# by entering the related OMB control number.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indians.

    Dated: September 26, 2022.
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 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.  660.13 revise paragraph (d)(4)(iv)(A) to read as follows:


Sec.  660.13  Recordkeeping and reporting.

* * * * *
    (d) * * *
    (4) * * *
    (iv) * * *
    (A) One of the following gear types or sectors, and monitoring type 
where applicable, must be declared:
    (1) Limited entry fixed gear, not including shorebased IFQ,
    (2) Limited entry groundfish non-trawl, shorebased IFQ, observer,
    (3) Limited entry groundfish non-trawl, shorebased IFQ, electronic 
monitoring,
    (4) Limited entry midwater trawl, non-whiting shorebased IFQ, 
observer,
    (5) Limited entry midwater trawl, non-whiting shorebased IFQ, 
electronic monitoring,
    (6) Limited entry midwater trawl, Pacific whiting shorebased IFQ, 
observer,
    (7) Limited entry midwater trawl, Pacific whiting shorebased IFQ, 
electronic monitoring,
    (8) Limited entry midwater trawl, Pacific whiting catcher/processor 
sector,
    (9) Limited entry midwater trawl, Pacific whiting mothership sector 
(catcher vessel or mothership), observer,
    (10) Limited entry midwater trawl, Pacific whiting mothership 
sector (catcher vessel), electronic monitoring,
    (11) Limited entry bottom trawl, shorebased IFQ, not including 
demersal trawl or selective flatfish trawl, observer,
    (12) Limited entry bottom trawl, shorebased IFQ, not including 
demersal trawl or selective flatfish trawl, electronic monitoring,
    (13) Limited entry demersal trawl, shorebased IFQ, observer
    (14) Limited entry demersal trawl, shorebased IFQ, electronic 
monitoring,
    (15) Limited entry selective flatfish trawl, shorebased IFQ, 
observer,
    (16) Limited entry selective flatfish trawl, shorebased IFQ, 
electronic monitoring,
    (17) Non-groundfish trawl gear for pink shrimp,
    (18) Non-groundfish trawl gear for ridgeback prawn,
    (19) Non-groundfish trawl gear for California halibut,
    (20) Non-groundfish trawl gear for sea cucumber,
    (21) Open access longline gear for groundfish,
    (22) Open access Pacific halibut longline gear,
    (23) Open access groundfish trap or pot gear,
    (24) Open access Dungeness crab trap or pot gear,
    (25) Open access prawn trap or pot gear,
    (26) Open access sheephead trap or pot gear,
    (27) Open access line gear for groundfish,
    (28) Open access HMS line gear,
    (29) Open access salmon troll gear,
    (30) Open access California Halibut line gear,
    (31) Open access Coastal Pelagic Species net gear,
    (32) Other gear,
    (33) Tribal trawl,
    (34) Open access California gillnet complex gear, or
    (35) Gear testing.
* * * * *

0
3. In Sec.  660.601, add a definition for ``Prohibited species'' in 
alphabetical order to read as follows:


Sec.  660.601  Definitions.

* * * * *
    Prohibited species means those species and species groups defined 
at Sec.  660.11; Dungeness crab caught south of Point Reyes, 
California; fish in excess of state or Federal limits; fish below a 
state or Federal minimum size; and species for which the vessel or 
vessel representative does not have a state or Federal permit.
* * * * *

0
4. In Sec.  660.603, revise paragraphs (a)(1), (h)(1) introductory 
text, (k)(5), (m) introductory text, (m)(1) and (3), (m)(4) 
introductory text, (m)(5) and (6), and (n)(3) to read as follows:


Sec.  660.603  Electronic monitoring provider permits and 
responsibilities.

    (a) * * *
    (1) Operate under a NMFS-accepted EM Service Plan (see paragraph 
(b)(1)(vii) of this section).
* * * * *
    (h) * * *
    (1) EM service providers and their employees must not have a direct 
financial interest, other than the provision of observer, catch 
monitor, EM, other biological sampling services, VMS, AIS transponders, 
telemetry (such as product temperature monitoring for seafood safety), 
buoy and gear monitoring, sonar systems, mandatory safety services 
(i.e. GMDSS), or other technical or equipment services, in any Federal 
or state managed fisheries, including but not limited to:
* * * * *
    (k) * * *
    (5) The EM service provider must submit to NMFS reports of requests 
for technical assistance from vessels, including when the call or visit 
was made, the nature of the issue, and how it was resolved. Reports 
must be submitted to NMFS within 24 hours of the EM service provider 
being notified of the request for technical assistance.
* * * * *
    (m) Data services. For vessels with which it has a contract (see 
Sec.  660.604(k)), the EM service provider must provide and manage EM 
data and logbook processing, reporting, and record retention services, 
as described below and according to a NMFS-approved EM Service Plan, 
which is required under paragraph (b)(1)(vii) of this section, and as 
described in the EM Program Manual or other written and oral 
instructions provided by the EM program, and such that the EM program

[[Page 59714]]

achieves its purpose as defined at Sec.  660.600(b).
    (1) The EM service provider must process vessels' EM data and 
logbooks according to a prescribed coverage level or sampling scheme, 
as specified by NMFS in consultation with the Council, and determine an 
estimate of discards for each trip using standardized estimation 
methods specified by NMFS. NMFS will maintain manuals for EM and 
logbook data processing protocols on its website.
* * * * *
    (3) The EM service provider must track hard drives and EM datasets 
throughout their cycles, including documenting any access and 
modifications. If end-to-end encryption is not used to protect EM data, 
EM data must be removed from hard drives or other mediums before 
returning them to the field.
    (4) The EM service provider must communicate with vessel operators 
and NMFS to coordinate data service needs, resolve specific program 
issues, and provide feedback on program operations. No later than three 
weeks from the date of receipt of EM data for processing from the 
vessel operator, the EM service provider must provide feedback to 
vessel representatives, field services staff, and NMFS regarding:
* * * * *
    (5) Submission of data and reports. On behalf of vessels with which 
it has a contract (see Sec.  660.604(k)), the EM service provider must 
submit to NMFS logbook data, EM summary reports, including discard 
estimates, fishing activity information, and meta data (e.g., image 
quality, reviewer name), and incident reports of compliance issues 
according to a NMFS-accepted EM Service Plan, which is required under 
paragraph (b)(1)(vii) of this section, and as described in the EM 
Program Manual or other written and oral instructions provided by the 
EM program, such that the EM program achieves its purpose as defined at 
Sec.  660.600(b). Logbook data must be submitted to NMFS within two 
business days of receipt from the vessel operator. EM summary reports 
must be submitted within three weeks of the date the EM data was 
received by the EM service provider from the vessel operator. If NMFS 
determines that the information does not meet these standards, NMFS may 
require the EM service provider to correct and resubmit the datasets 
and reports.
    (6) Retention of records. Following an EM trip, the EM service 
provider must maintain all of a vessel's EM data and other records 
specified in this section, or used in the preparation of records or 
reports specified in this section or corrections to these reports. The 
EM service provider must maintain EM data for a period of not less than 
12 months after NMFS has completed its determination of the total base 
year IFQ catch for all vessels for end-of-year account reconciliation 
(i.e., base year is the year in which the EM trip was taken). NMFS will 
issue a public notice when end-of-the-year account reconciliation has 
been completed, on or about March 1 of each year. The EM service 
provider must maintain summary EM data and other records for a period 
of not less than three years after the date of landing for that trip. 
EM data and other records must be stored such that the integrity and 
security of the records is maintained for the duration of the retention 
period. The EM service provider must produce EM data and other records 
immediately upon request by NMFS or an authorized officer.
    (n) * * *
    (3) Must not release a vessel's EM data and other records specified 
in this section (including documents containing such data and 
observations or summaries thereof) except to NMFS and authorized 
officers as provided in paragraph (m)(6) of this section, or as 
authorized by an authorized representative of the vessel.

0
5. In Sec.  660.604,
0
a. Revise paragraphs (e) introductory text and (e)(1);
0
b. Remove paragraph (e)(5);
0
c. Revise paragraphs (f), (i), (m), and (n);
0
d. Add paragraphs (p)(3) and (4);
0
e. Revise paragraphs (q), (s)(2), and (s)(3)(i) and (ii); and
0
f. Remove paragraph (s)(3)(iii).
    The revisions and additions read as follows:


Sec.  660.604  Vessel and first receiver responsibilities.

* * * * *
    (e) Electronic Monitoring Authorization. To obtain an EM 
Authorization, a vessel owner must submit an initial application to the 
NMFS West Coast Region Fisheries Permit Office, and then a final 
application that includes an EM system certification and a vessel 
monitoring plan (VMP). NMFS will only review complete applications. 
NMFS will issue a public notice at least 90 calendar days prior to when 
it will begin accepting applications for EM Authorizations for the 
first year of the Program. Once NMFS begins accepting applications, 
vessel owners that want to have their EM Authorizations effective for 
January 1 of the following calendar year must submit their complete 
application to NMFS by October 1 of the preceding calendar year. Vessel 
owners that want to have their EM Authorizations effective for May 15 
must submit their complete application to NMFS by February 15 of the 
same year. In lieu of individual EM Authorizations, a group of eligible 
vessel owners participating in the shorebased IFQ sector may obtain a 
group EM Authorization through a self-enforcing agreement. This 
agreement allows a group of eligible vessels to encourage compliance 
with the requirements of this section through a private, contractual 
arrangement. To be considered for a group EM Authorization, a group of 
vessel owners must submit a completed application package to NMFS for 
review and approval. As part of a group EM Authorization application, 
participating vessel owners must agree to conduct fishing operations 
according to the self-enforcement agreement. For a vessel to be deemed 
eligible to operate under the agreement, its owner(s) and its 
operator(s) must have executed a copy of the agreement or an adherence 
agreement under which they agree to be bound by the agreement's terms. 
The existence of a self-enforcing agreement among EM vessels does not 
foreclose the possibility of independent enforcement action by NMFS OLE 
or authorized officers.
    (1) Initial application. To be considered for an EM Authorization, 
the vessel owner must:
    (i) Submit a completed application form provided by NMFS, signed 
and dated by an authorized representative of the vessel;
    (ii) Meet the following eligibility criteria:
    (A) The applicant owns the vessel proposed to be used;
    (B) The vessel has a valid Pacific Coast Groundfish limited entry, 
trawl-endorsed permit registered to it;
    (C) The vessel is participating in the Pacific whiting IFQ fishery, 
mothership sector, or the Shorebased IFQ sector;
    (D) The vessel is able to accommodate the EM system, including 
providing sufficient uninterrupted electrical power, suitable camera 
mounts, adequate lighting, and fittings for hydraulic lines to enable 
connection of a pressure transducer;
    (E) The vessel owner and operator are willing and able to comply 
with all applicable requirements of this section and to operate under a 
NMFS-accepted VMP; and
    (F) The vessel owner and operator are willing and able to comply 
with the terms and conditions of a self-enforcing agreement that was 
submitted as part of

[[Page 59715]]

a group authorization application, if applicable.
    (iii) If applying for a group EM Authorization, submit a complete 
proposed self-enforcing agreement that describes how the group's 
operations will be conducted to meet the requirements of this section. 
NMFS will develop EM Program Guidelines containing best practices and 
templates and make them available on NMFS's website to assist vessel 
owners in developing a self-enforcing agreement. The self-enforcing 
agreement must include descriptions of the following:
    (A) A list of all participating vessels, owners, operators, and 
other parties;
    (B) The name and contact information of a designated representative 
who will be responsible for ensuring that each vessel is complying with 
the terms and conditions of the agreement and the requirements of this 
section, and who will promptly inform the appropriate parties and NMFS 
if any vessel fails to comply;
    (C) Eligibility criteria for participating vessels, owners, and 
operators;
    (D) The roles and responsibilities of participating vessels, 
owners, operators, the designated representative, and any other parties 
to the agreement;
    (E) Procedures for communication between participating vessels, 
owners, operators, the designated representative, and any other parties 
to the agreement, NMFS or its designated agent, and EM service 
providers, for the execution of the agreement and the requirements of 
this section;
    (F) Performance standards or requirements for equipment, if 
applicable;
    (G) Reporting requirements, if applicable;
    (H) Time and area restrictions, if applicable;
    (I) Provisions for the use and protection of confidential data 
necessary for execution of the agreement;
    (J) Provisions to encourage or enforce the compliance of members 
with the agreement and the requirements of this section;
    (K) Procedures for addressing the non-compliance of members with 
the agreement and the requirements of this section, including 
procedures for restricting or terminating vessel's participation in the 
agreement;
    (L) Procedures for notifying NMFS when a participating vessel or 
its owner(s) or operator(s) are not complying with the terms of the 
agreement or the requirements of this section;
    (M) Procedures for participating vessels, owners, operators, the 
designated representative, or other parties to the agreement, to exit 
the agreement;
    (N) Any other provisions that the applicants deem necessary for the 
execution of the agreement; and
    (O) Procedures for the designated representative to submit an 
annual report to the Council prior to applying to renew a group EM 
authorization containing information about the group's performance from 
the previous year, including a description of any actions taken by the 
self-enforcing group in response to the non-compliance of members with 
the agreement.
* * * * *
    (f) Changes to a NMFS-accepted VMP or NMFS-approved self-enforcing 
agreement. A vessel owner may make changes to a NMFS-accepted VMP by 
submitting a revised plan or plan addendum to NMFS in writing. A group 
may make changes to an approved self-enforcing agreement by submitting 
a revised agreement or agreement addendum to NMFS in writing. NMFS will 
review and accept the change if it meets all the requirements of this 
section. A VMP or self-enforcing agreement addendum must contain:
    (1) The date and the name and signature of the vessel owner, or 
designated representative for a self-enforcing agreement;
    (2) Address, telephone number, fax number and email address of the 
person submitting the revised plan or addendum; and
    (3) A complete description of the proposed change.
* * * * *
    (i) Renewing an EM Authorization. To maintain a valid EM 
Authorization, vessel owners must renew annually prior to the permit 
expiration date. NMFS will mail EM Authorization renewal forms to 
existing EM Authorization holders each year on or about: September 1 
for shorebased IFQ vessels, and January 1 for Pacific whiting IFQ and 
MS/CV vessels. Vessel owners who want to have their Authorizations 
effective for January 1 of the following calendar year must submit 
their complete renewal form to NMFS by October 15. Vessel owners who 
want to have their EM Authorizations effective for May 15 of the 
following calendar year must submit their complete renewal form to NMFS 
by February 15.
* * * * *
    (m) Declaration reports. The operator of a vessel with a valid EM 
Authorization must make a declaration report to NMFS OLE prior to 
leaving port following the process described at Sec.  660.13(d)(4). A 
declaration report will be valid until another declaration report 
revising the existing gear or monitoring declaration is received by 
NMFS OLE.
    (n) Observer requirements. The operator of a vessel with a valid EM 
Authorization must provide advanced notice to NMFS, at least 48 hours 
prior to departing port, of the vessel operator's intent to take a trip 
under EM, including: vessel name, permit number; contact name and 
telephone number for coordination of observer deployment; date, time, 
and port of departure; and the vessel's trip plan, including area to be 
fished, gear type to be used, and whether the vessel will use maximized 
or optimized retention rules for the trip as defined at paragraphs 
(p)(3) and (4) of this section. NMFS may waive this requirement for 
vessels declared into the Pacific whiting IFQ fishery or mothership 
sector with prior notice. If NMFS notifies the vessel owner, operator, 
or manager of any requirement to carry an observer, the vessel may not 
be used to fish for groundfish without carrying an observer. The vessel 
operator must comply with the following requirements on a trip that the 
vessel owner, operator, or manager has been notified is required to 
carry an observer.
* * * * *
    (p) * * *
    (3) Maximized retention bottom trawl and non-whiting midwater trawl 
trips. A vessel operator on a declared maximized retention trip using 
bottom trawl gear, or midwater trawl gear in which Pacific whiting 
constitutes less than 50 percent of the catch by weight at landing, the 
vessel must not sort catch at sea and must retain all catch until 
landing, with exceptions listed below in paragraphs (p)(3)(i) through 
(v) of this section. All discards must be discarded following 
instructions in the VMP per paragraph (e)(3)(iii) of this section. All 
discards, regardless of the source, must be reported in a discard 
logbook, as defined at Sec.  660.604(s)(1), including the species 
(where possible), estimated weight, and reason for discard. The vessel 
operator is responsible for ensuring that all catch is handled in a 
manner that enables the EM system to record it.
    (i) Minor operational discards are permitted. Minor operational 
discards include mutilated fish; fish vented from an overfull codend; 
and fish removed from the deck and fishing gear during cleaning. Minor 
operational discards do not include discards that result when more 
catch is taken than is necessary to fill the hold or catch from a tow 
that is not delivered.
    (ii) Large individual marine organisms (i.e., all marine mammals, 
sea turtles,

[[Page 59716]]

and non-ESA-listed seabirds, and fish species longer than 6 ft (1.8 m) 
in length) may be discarded. For any ESA-listed seabirds that are 
brought on board, vessel operators must follow any relevant 
instructions for handling and disposition under Sec.  660.21(c)(1)(v).
    (iii) Crabs, starfish, coral, sponges, and other invertebrates may 
be discarded.
    (iv) Trash, mud, rocks, and other inorganic debris may be 
discarded.
    (v) A discard that is the result of an event that is beyond the 
control of the vessel operator or crew, such as a safety issue or 
mechanical failure, is permitted.
    (4) Optimized retention bottom trawl and non-whiting midwater trawl 
trips. On a declared optimized retention trip using bottom trawl gear, 
or midwater trawl gear in which Pacific whiting constitutes less than 
50 percent of the catch by weight at landing, the vessel owner and 
operator are responsible for the following:
    (i) The vessel must retain IFQ species (as defined at Sec.  
660.140(c)), except for Arrowtooth flounder, English sole, Dover sole, 
deep sea sole, Pacific sanddab, Pacific whiting, lingcod and starry 
flounder; must retain salmon and eulachon; and must retain the 
following non-IFQ species: greenland turbot; slender sole; hybrid sole; 
c-o sole; bigmouth sole; fantail sole; hornyhead turbot; spotted 
turbot; California halibut; northern rockfish; black rockfish; blue 
rockfish; shortbelly rockfish; olive rockfish; Puget Sound rockfish; 
semaphore rockfish; walleye pollock; slender codling; Pacific tom cod; 
with exceptions listed in paragraphs (p)(4)(i)(A) and (B) of this 
section.
    (A) Mutilated and depredated fish may be discarded.
    (B) A discard that is the result of an event that is beyond the 
control of the vessel operator or crew, such as a safety issue or 
mechanical failure, is permitted.
    (ii) The vessel must discard Pacific halibut, green sturgeon, 
California halibut (except as allowed by state regulations), and 
nearshore groundfish species below state commercial minimum size 
limits, following instructions in the NMFS-accepted VMP.
    (iii) Incidentally caught marine mammals, non-ESA-listed seabirds, 
sea turtles, other ESA-listed fish, and Dungeness crab caught seaward 
of Washington or Oregon or south of Point Reyes, California, as 
described at Sec.  660.11 Prohibited species, must be discarded 
following instructions in the NMFS-accepted VMP per paragraph 
(e)(3)(iii) of this section. For any ESA-listed seabirds that are 
brought on board, vessel operators must follow any relevant 
instructions for handling and disposition under Sec.  660.21(c)(1)(v).
    (iv) Crabs, starfish, coral, sponges, and other invertebrates may 
be discarded.
    (v) Trash, mud, rocks, and other inorganic debris may be discarded.
    (vi) All discards must be discarded following instructions in the 
VMP per paragraph (e)(3)(iii) of this section. All discards, regardless 
of the source, must be reported in a discard logbook, as defined at 
Sec.  660.604(s)(1), including the species (where possible), estimated 
weight, and reason for discard. The vessel operator is responsible for 
ensuring that all catch is handled in a manner that enables the EM 
system to record it.
    (q) Changes to retention requirements. NMFS may specify alternate 
retention requirements in a NMFS-accepted VMP through the process 
described in paragraph (f) of this section, after consultation with the 
Council and issuance of a public notice notifying the public of the 
changes. Alternate retention requirements must be sufficient to provide 
NMFS with the best available information to determine individual 
accountability for catch, including discards, of IFQ species and 
compliance with requirements of the Shorebased IFQ Program (Sec.  
660.140) and MS Coop Program (Sec.  660.150).
* * * * *
    (s) * * *
    (2) Submission of logbooks. Vessel operators must submit copies of 
the discard logbooks as described at Sec.  660.604(s)(1) and if 
applicable, the trawl logbook as described at Sec.  660.13 (a)(1), to 
the vessel owner's contracted EM service provider and to NMFS or its 
agent within 24 hours of the end of each EM trip.
    (3) * * *
    (i) Shorebased IFQ vessels. EM data from an EM trip must be 
submitted within 72 hours after the beginning of the offload (and no 
more than 10 days after the end of the first trip on the hard drive).
    (ii) Mothership catcher vessels. EM data from an EM trip must be 
submitted within 72 hours of the catcher vessel's return to port.
* * * * *
[FR Doc. 2022-21322 Filed 9-30-22; 8:45 am]
BILLING CODE 3510-22-P