Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Non-trawl Logbook, 59724-59729 [2022-21366]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Rules and Regulations]
[Pages 59724-59729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21366]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 220923-0198]
RIN 0648-BK81


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Non-trawl Logbook

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

ACTION: Final rule.

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SUMMARY: This final rule creates a Federal requirement for certain 
vessels in the Pacific Coast Groundfish fishery target fishing for 
groundfish with non-trawl gear in Federal waters seaward of California, 
Oregon, and Washington, to complete and submit a non-trawl logbook to 
NMFS via an electronic application. Specifically, this non-trawl 
logbook requirement applies to vessels participating in the directed 
open access and limited entry fixed gear sectors, as well as those 
vessels that fish with non-trawl gear in the Shorebased Individual 
Fishing Quota Program. The intent of this requirement is to collect 
valuable fishery-dependent information in non-

[[Page 59725]]

trawl sectors with partial observer coverage, which will help better 
inform management of these fisheries.

DATES: Effective January 1, 2023.

ADDRESSES: 

Electronic Access

    This rule is accessible via the internet at the Office of the 
Federal Register website at https://www.federalregister.gov/. This 
rule's associated Compliance Guide is available on the NMFS West Coast 
Region website at https://www.fisheries.noaa.gov/west-coast/
sustainable-fisheries/compliance-guides-west-coast-groundfish.

FOR FURTHER INFORMATION CONTACT: Lynn Massey, phone: 971-238-2514, or 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    This final rule is being promulgated in accordance with 
recommendations developed by the Pacific Fishery Management Council 
(Council), first recommended in 2008 and reaffirmed at their March 2022 
meeting. For a full history of the Council's development of this 
action, please see the ``Background'' section of the proposed rule (87 
FR 39792, July 5, 2022).

Non-Trawl Federal Logbook Requirement

    This final rule creates a Federal electronic logbook requirement 
for vessels participating in the directed open access (OA) and limited 
entry fixed gear (LEFG) groundfish fishery sectors, as well as those 
vessels that use non-trawl gear under the Shorebased Individual Fishing 
Quota (IFQ) Program (herein referred to as the ``IFQ gear switching 
sector''). The directed OA sector includes those vessels that target 
fish for groundfish in the exclusive economic zone (EEZ). The directed 
OA sector does not include those vessels that retain groundfish 
incidentally while targeting non-groundfish species (e.g., the salmon 
troll fishery). The LEFG sector includes the primary sablefish fishery 
and the limited entry trip limit fisheries. The IFQ gear switching 
sector includes those vessels that participate in the Shorebased IFQ 
Program with trawl gear, but also ``gear switch'' and occasionally fish 
with non-trawl gear pursuant to their IFQ limits. From 2016-2019, an 
average of 536, 188, and 18 vessels participated in the directed OA, 
LEFG, and IFQ gear switching fishery sectors, respectively. Therefore, 
NMFS anticipates this action will affect a total of approximately 742 
vessels.
    This final rule will amend the regulations at Sec. Sec.  660.11, 
660.12, and 660.13 to include the new non-trawl logbook requirements. 
The amended regulations will include a new definition for the directed 
OA sector, as well as new gear types that vessels can declare on their 
declaration reports (e.g. declaration codes) and revisions to existing 
declaration codes with the primary purpose of ensuring those codes 
better align with the gear profiles as they will be described in the 
electronic non-trawl logbook application. Additionally, the revised 
declaration codes would allow NOAA's Office of Law Enforcement (OLE) to 
identify those vessels that are subject to the new non-trawl logbook 
requirement based on what gear type is declared.

Content and Use of Non-Trawl Logbook and Data

    The non-trawl logbook will collect set-level information on catch, 
discards, fishing location, fishing depth, gear configuration, and 
sale. Most data will be required to be entered into the electronic 
logbook application while the vessel is fishing, with only the buyer 
information recorded upon landing. An electronic logbook entry will be 
required for each individual fishing trip. The electronic application 
will accommodate fishing trips for instances when gear is set and 
retrieved on different trips. Submission of electronic logbook data in 
the application will be required within 24 hours of offloading/landing 
(same timing requirement as electronic fish tickets).
    NMFS, the Council, the Groundfish Management Team (GMT), the 
Northwest Fisheries Science Center, and the Pacific States Marine 
Fisheries Commission (PSMFC) will use the data obtained from the 
logbook application for analyses of catch locations and bycatch 
hotspots, spot verification of fish tickets, analyses on gear usage by 
area, stock assessments, and a variety of other applications. 
Additionally, Federal groundfish regulations (see 50 CFR 660.216(e)(7) 
and 50 CFR 660.316(e)(7)) require vessels to make the logbook data 
available to fishery observers under the West Coast Groundfish Observer 
Program (WCGOP). The observers collect biological samples and pair 
these samples with logbook data describing vessel position, target, 
depth, and retained catch. These data are not always accessible from 
other sources, such as equipment on the ship. Finally, the logbook data 
may also be used by NOAA's OLE and the U.S. Coast Guard in 
investigations.

Non-Trawl Logbook Electronic Application and Download Instructions

    NMFS has contracted with the PSMFC to develop an electronic logbook 
application. The PSMFC will house and manage the logbook data. The 
application will ultimately be available for download free of charge on 
smart phones, tablets, and laptop computers; however, initial rollout 
may be limited to a smart phone application, subject to timing 
constraints. Once the electronic application is finalized and available 
(expected no later than December 2022), NMFS will send out an email 
notice to the groundfish email list that includes download and account 
set-up instructions. To register for the groundfish email list, provide 
your email address at: https://public.govdelivery.com/accounts/USNOAAFISHERIES/subscriber/new. After clicking submit, expand the 
``Regional Updates'' drop-down list and navigate to ``West Coast 
Updates''. Check the box next to ``Groundfish'' and then select 
``Submit'' to subscribe.

Temporary Use of Paper Logbook Forms

    For a minimum of one year from the effective date of this final 
rule, NMFS will accept paper logbook forms to provide a grace period 
for adapting to the electronic application. NMFS will prescribe the 
paper logbook forms that may be submitted to meet this requirement. 
Depending on the development status of the additional formats for the 
electronic application, NMFS may extend the optional paper logbook 
provision beyond one year from the effective date of the final rule. 
NMFS will issue a public notice at least 90 calendar days prior to 
ending the optional provision to submit a paper logbook. Each non-trawl 
logbook paper form will represent a single fishing trip, and the data 
will be matched to a landing receipt (i.e., fish ticket) submitted to 
PSMFC by seafood first receivers (i.e., buyers). This matching step 
acts as a data corroboration process for landings, and allows the PSMFC 
to identify and correct any errors in the data. Paper logbook 
submission will be required within 30 days of the date of landing. In 
December 2022 or earlier, the PSMFC will mail booklets of logbook forms 
to the state fish and wildlife agencies, which will then assist in 
distributing logbook forms to their respective fishermen. Shortly prior 
to mailing logbook forms, NMFS will email a public notice to the 
groundfish email distribution list to provide advance notification.

[[Page 59726]]

    Under this final rule, vessels will be required to send the 
alternative paper logbook forms to the PSFMC, on behalf of NMFS, at: 
Pacific States Marine Fisheries Commission, 205 SE Spokane St. Suite 
#100, Portland, OR 97202.

Industry Outreach and Considerations

    NMFS and the PSMFC are consulting with industry representatives and 
end-users of the data (i.e., the GMT and state representatives) on the 
electronic logbook layout and design. The PSFMC will organize and host 
beta-testing of the electronic logbook application once a draft version 
is ready for use (currently expected in the fall of 2022). In order to 
participate in the official beta-testing of the electronic logbook 
application, please email the PSFMC at [email protected]. NMFS will 
send a public announcement via the groundfish email list when the PSMFC 
schedules specific dates for any beta-testing workshops.
    This final rule is structured to minimize impacts on those vessels 
that are already subject to comparable logbook requirements. For 
example, those vessels that gear switch in the Shorebased IFQ Program 
and use electronic monitoring (EM) in lieu of an observer currently 
record discards on a paper logbook form (see Sec.  660.604(s)). Those 
vessels would be required to transition to submit the electronic non-
trawl logbook application instead of the paper logbook forms, with the 
exception of the first year(s), when they would be permitted to 
continue submitting their regular paper form as they adapt to the 
electronic application.

Response to Public Comments

    NMFS held a public comment period on the proposed rule (87 FR 
39792; July 5, 2022) from July 5, 2022, to August 4, 2022. NMFS 
received a total of seven public comment submissions. Six of the public 
comments were from commercial fishermen that participate in one of the 
affected sectors. NMFS also received a comment from the California 
Department of Fish and Wildlife (CDFW). NMFS responds to each of these 
public comments below. In some cases, similar concepts across multiple 
public comment submissions are summarized and grouped in one response, 
and in other cases, separate concepts in one public comment submission 
are described and responded to separately.
    Comment 1: Three fishery participants commented that the non-trawl 
logbook requirement is duplicative of data already collected through 
other means, including vessel monitoring system (VMS) units, landing 
receipts, and observer data.
    Response: The logbook will collect location-specific catch and 
discard data, as well as effort data, that is not available fleet-wide 
from any other source in the Federal non-trawl fisheries. The OA 
sector, like the other non-trawl sectors, is subject to partial 
observer coverage. NMFS develops estimations of fleet-wide discards 
using the data from vessels that were observed; however, that 
information is not available on a location-specific basis. Landing 
receipts only provide retained catch information; they do not contain 
information on discards, specific catch location, gear configuration, 
or fishing depth. VMS data provide location data, but are not connected 
to catch and discard data by location. More precise location-specific 
catch and discard information collected through the logbook could help 
the Council and NMFS better target management responses to, for 
example, a bycatch concern or catch at risk of exceeding a sector 
allocation or annual catch limit. These management actions could 
potentially close smaller areas, and be less disruptive to fisheries, 
because management concerns could be narrowed to a specific location.
    Comment 2: Two fishery participants expressed concern over the 
operational burden that would be imposed through the requirement to 
record the time and location of every gear set, especially for smaller 
vessels that make a large amount of drops or sets per fishing trip and 
across many different fishing locations.
    Response: For fishing trips where traditional longline and/or pot 
gear are not being used, logbook users should record a new fishing 
location and set number if the vessel actively motors to a different 
location greater than 1 nautical mile away or to a distinguishably 
different geographic area (e.g., a new reef). For example, if 30 drops 
from a rod and reel gear type are made in one fishing location, then 
the vessel should record the time that the first hook entered the water 
and the time that the last hook was retrieved. These methods align with 
what a WCGOP observer would record if onboard the vessel. These 
guidelines are included in the Compliance Guide associated with this 
rule, which is available at https://www.fisheries./noaa.gov/west-coast/
sustainable-fisheries/compliance-guides-west-coast-groundfish.
    Comment 3: A private fisher out of Santa Barbara, California, asked 
for clarification about whether catch in both state and Federal waters 
would be required in each logbook submission if both waters were fished 
in a single trip.
    Response: Logbook data is only required for fishing activity that 
takes place in the EEZ. Any fishing activity that takes place in state 
territorial waters, even if conducted on the same trip as fishing 
activity in Federal waters, will not be required for inclusion in the 
Federal logbook submission. In some cases, West Coast states have their 
own requirements for fishing activity in state territorial waters.
    Comment 4: A private fisher out of Half Moon Bay, California, 
commented that he does not oppose the collection of fishing information 
in the non-trawl logbook, but recommended that fishing location data be 
retrieved via each boat's VMS as opposed to the vessel crew recording 
the fishing location in the non-trawl logbook.
    Response: NMFS and the PSMFC evaluated the possibility of obtaining 
fishing location data from VMS units as an alternative to fisher-
reported latitude and longitude coordinates. Although VMS location data 
is precise enough for enforcement applications (e.g., ensuring vessels 
are not fishing in closed areas), it is not precise enough for other 
applications that the logbook data will be used for (e.g., stock 
assessments and area-specific management responses). Additionally, 
connecting VMS data to logbook submissions would be technically 
challenging and likely not achievable by the time of this rule's 
implementation. For these reasons, NMFS determined that VMS location 
data is not a feasible option for obtaining precise fishing location 
data at this time. However, if recording fishing location data proves 
too operationally challenging for certain types of affected vessels in 
the future, NMFS will continue investigating a way to use VMS data in 
lieu of fisher-reported latitude and longitude coordinates.
    Comment 5: A private fisher out of Bolinas, California, commented 
that he does not have a smart phone and would be inconvenienced if 
required to get one for the new non-trawl logbook requirement.
    Response: NMFS intends for the electronic logbook application to be 
available for download on tablets and laptops, in addition to smart 
phones. Although NMFS expects that at initial implementation in January 
2023, the electronic application will only be available for download on 
a smart phone, NMFS is also providing a minimum one year grace period 
to use paper logbook forms in lieu of the electronic application. NMFS 
expects that by the end of this grace period, the electronic 
application will be available on the other devices and not just limited 
for download on a smart phone.

[[Page 59727]]

    Comment 6: A private fisher from McKinleyville, California, 
commented that on smaller vessels, electronic devices and alternative 
paper logs will get damaged in the salt spray, which would cause the 
constant need to replace electronic devices.
    Response: Under this rule, instantaneous data entry is not 
required. Fishermen will have 2 hours from the time of setting/
retrieving gear to complete that portion of their logbook entries (see 
regulations below). Electronic devices and/or logbook forms can be 
stored in the wheelhouse while fishermen are handling gear.
    Comment 7: A member of the public commented that it would be unsafe 
for fishermen to fill out the logbook information while fishing.
    Response: Under this rule, instantaneous data entry is not 
required. Fishermen will have 2 hours from the time of setting/
retrieving gear to complete that portion of their logbook entries (see 
regulations below). The fisher will not need to be handling an 
electronic device at the same time as setting or retrieving gear.
    Comment 8: A private fisher out of Spring Valley, California, 
requested a change to observer data recording protocol. Specifically, 
the commenter asked that fish released with a descending device not 
count as discard mortality.
    Response: NMFS is not proposing any modifications to observer 
protocols through this rulemaking, and therefore this comment is beyond 
the scope of the proposed rule.
    Comment 9: CDFW commented that it generally supports the proposed 
rule but opposes the fact that the non-trawl logbook requirement will 
only apply in the EEZ. CDFW stated that the non-trawl logbook should 
also apply in California state waters.
    Response: At the September 2021 and March 2022 Council meetings, 
NMFS provided reports to the Council requesting clarification on the 
intended scope of the action. In those reports, NMFS stated that the 
logbook requirement would only apply in the EEZ (i.e., 3-200 nautical 
miles), consistent with 50 CFR 660.10(a). Accordingly, NMFS did not 
include analysis for vessels that fish in state waters as part of this 
action. NMFS recommends that if the State is interested in collecting 
that data, California consider a complementary state logbook 
requirement using the same logbook application for vessels fishing in 
state waters.
    Comment 10: CDFW commented that the logbook is needed to collect 
information on seabird and whale interactions.
    Response: The non-trawl logbook is required as a term and condition 
in the biological opinion for the Continuing Operation of the Pacific 
Coast Groundfish Fishery on Endangered Species Act (ESA)-listed 
seabirds (01EOFW00-20l7-F-0316) and is a conservation recommendation in 
the biological opinion for the Continuing Operation of the Pacific 
Coast Groundfish Fishery on ESA-listed humpback whales (WCRO-2018-
01378). The purpose is to collect additional effort data in groundfish 
fishery sectors with partial-observer coverage (e.g., number of hooks, 
number of pots, etc.) which help inform the bycatch estimation models 
used in conjunction with documented takes. The logbook will not require 
that fishermen record data on seabird or whale interactions.

Changes From the Proposed Rule

    No changes were made from the proposed rule.

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 Fishery Management Plan, 
other provisions of the Magnuson-Stevens Act, and other applicable 
laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    There are no relevant Federal rules that may duplicate, overlap, or 
conflict with this action.

Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

Paperwork Reduction Act

    This final rule contains a new collection-of-information 
requirement subject to review and approval by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act (44 U.S.C. 3507(d)) 
(PRA). This rule adds a Federal requirement to complete and submit data 
in the non-trawl electronic logbook application for fishing activities 
in the directed OA, LEFG, and IFQ gear switching fishery sectors. 
Public reporting burden for the Federal non-trawl logbook requirement 
is estimated to average 30 minutes per logbook submission, including 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. The average vessel took about 14 fishing 
trips per year between 2016-2019, which would result in about 7 
additional hours of paperwork to comply with the new logbook 
requirement over the course of the year. Vessels pursuing a targeted 
non-trawl groundfish strategy would be most impacted by the final rule. 
NMFS estimates that a subset of about ten vessels of the 742 affected 
vessels pursue such a strategy and take 100-180 trips per vessel per 
year; these entities would have an estimated additional burden of 
approximately 50-90 hours per vessel.
    In addition, this final rule revises the existing requirements for 
the collection of information 0648-0573 by adding and modifying 
declaration codes for the purpose of monitoring and enforcing the new 
logbook requirement. These new declaration codes are not anticipated to 
alter the number of respondents, anticipated responses, burden hours, 
or burden costs, as the affected vessels are already required to 
declare their fishing activities. The new declaration codes would allow 
NOAA's OLE to track those vessels that are subject to the logbook 
requirement based on what gear type is being used and the location of 
their fishing activity. Public reporting burden for submitting a 
declaration report is estimated to average 4 minutes per individual 
report, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.
    We have submitted these new collection-of-information requirements 
to OMB for approval. Approved information collections may be found on 
www.reginfo.gov/public/do/PRAMain. We also invite the general public 
and other Federal agencies to comment on information collections, which 
helps us assess the impact of our information collection requirements 
and minimize the public's reporting burden. Written comments and 
recommendations for this information collection should be submitted 
through www.reginfo.gov/public/do/PRAMain.

[[Page 59728]]

    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, Reporting and recordkeeping requirements.

    Dated: September 23, 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.  660.11, under the definition for ``Open access fishery,'' 
add paragraph (1) and reserved paragraph (2) to read as follows:


Sec.  660.11  General definitions.

* * * * *
    Open access fishery * * *
    (1) For the purpose of the non-trawl logbook requirements at Sec.  
660.13, directed open access fishery means that a fishing vessel is 
target fishing for groundfish under the requirements of subpart F of 
this part, is only declared into an open access groundfish gear type or 
sector as defined at Sec.  660.13(d)(4)(iv)(A), and has not declared 
into any other gear type or sector.
    (2) [Reserved]
* * * * *

0
3. In Sec.  660.12, revise paragraph (b)(3) to read as follows:


Sec.  660.12  General groundfish prohibitions.

* * * * *
    (b) * * *
    (3) Falsify or fail to prepare and/or file, retain or make 
available records of fishing activities as specified in Sec.  
660.13(a)(1) or (2).
* * * * *

0
4. In Sec.  660.13:
0
a. Add paragraphs (a)(2) through (4);
0
b. Revise paragraphs (d)(4)(iv) introductory text and (d)(4)(iv)(A)(1) 
through (31); and
0
c. Add paragraphs (d)(4)(iv)(A)(32) through (37).
    The revisions and additions read as follows:


Sec.  660.13  Recordkeeping and reporting.

    (a) * * *
    (2) Non-trawl logbook. The authorized representative of a 
commercial vessel participating in the groundfish fishery sectors 
listed in paragraphs (a)(2)(i) through (iii) of this section must keep 
and submit a complete and accurate record of fishing activities in the 
non-trawl electronic logbook application:
    (i) The directed open access fishery, as defined at Sec.  660.11;
    (ii) The limited entry fixed gear trip limit fisheries subject to 
the trip limits in Table 2 (North) and Table 2 (South) of subpart E of 
this part, and primary sablefish fisheries, as defined at Sec.  
660.211; and
    (iii) Gear switching in the Shorebased IFQ Program, as defined at 
Sec.  660.140(k).
    (3) Electronic logbook application. The non-trawl electronic 
logbook application is a web-based portal used to send data from non-
trawl fishing trips to the Pacific States Marine Fisheries Commission. 
The following requirements apply:
    (i) The authorized representative of the vessel must complete an 
entry in the non-trawl electronic logbook application for all 
groundfish fishing trips, as defined under Sec.  660.11. Required 
information for each fishing trip includes, but is not limited to, 
information on set-level data on catch, discards, fishing location, 
fishing depth, gear configuration, and sale.
    (ii) The authorized representative of the vessel must complete an 
entry for each groundfish fishing trip in the non-trawl electronic 
logbook application with valid responses for all data fields in the 
application, except for information not yet ascertainable, prior to 
entering port, subject to the following requirements:
    (A) Logbook entries for setting gear, including vessel information, 
gear specifications, set date/time/location, must be completed within 2 
hours of setting gear.
    (B) Logbook entries for retrieving gear, including date/time 
recovered and catch/discard information, must be completed within 2 
hours of retrieving gear.
    (C) The authorized representative of the vessel must complete and 
submit entries in the non-trawl electronic logbook application within 
24 hours of the completion of offload.
    (4) Temporary paper logbook provision. For a minimum of one year 
from January 1, 2023, vessels subject to the non-trawl logbook 
requirement in paragraphs (a)(2) and (3) of this section are permitted 
to submit a paper logbook form in lieu of the requirement to fill out 
the non-trawl electronic logbook application. The West Coast Regional 
Administrator will prescribe the paper logbook forms required under 
this section. NMFS will issue a public notice at least 90 calendar days 
prior to ending the optional provision to submit a paper logbook. The 
authorized representative of the vessel must complete the non-trawl 
logbook form on all groundfish trips, subject to the same requirements 
as for the non-trawl electronic logbook application, listed in 
paragraphs (a)(3)(i) and (ii) of this section. The authorized 
representative of the vessel must deliver the NMFS copy of the non-
trawl logbook form by mail or in person to NMFS or its agent within 30 
days of landing. The authorized representative of the vessel 
responsible for submitting the non-trawl logbook forms must maintain a 
copy of all submitted logbooks for a minimum of three years after the 
fishing activity ended.
* * * * *
    (d) * * *
    (4) * * *
    (iv) Declaration reports will include: The vessel name and/or 
identification number, gear type, and monitoring type where applicable, 
(as defined in paragraph (d)(4)(iv)(A) of this section). Upon receipt 
of a declaration report, NMFS will provide a confirmation code or 
receipt to confirm that a valid declaration report was received for the 
vessel. Retention of the confirmation code or receipt to verify that a 
valid declaration report was filed and the declaration requirement was 
met is the responsibility of the vessel owner or operator. Vessels 
using non-trawl gear may declare more than one gear type with the 
exception of vessels participating in the Shorebased IFQ Program (i.e. 
gear switching); however, vessels using trawl gear may only declare one 
of the trawl gear types listed in paragraph (d)(4)(iv)(A) of this 
section on any trip and may not declare non-trawl gear on the same trip 
in which trawl gear is declared.
    (A) * * *
    (1) Limited entry fixed gear, not including shorebased IFQ 
(declaration code 10);
    (2) Limited entry groundfish non-trawl, shorebased IFQ, observer 
(declaration code 11);
    (3) Limited entry groundfish non-trawl, shorebased IFQ, electronic 
monitoring (declaration code 11);
    (4) Limited entry midwater trawl, non-whiting shorebased IFQ, 
observer (declaration code 20);
    (5) Limited entry midwater trawl, non-whiting shorebased IFQ, 
electronic monitoring (declaration code 20);

[[Page 59729]]

    (6) Limited entry midwater trawl, Pacific whiting shorebased IFQ, 
observer (declaration code 21);
    (7) Limited entry midwater trawl, Pacific whiting shorebased IFQ, 
electronic monitoring (declaration code 21);
    (8) Limited entry midwater trawl, Pacific whiting catcher/processor 
sector (declaration code 22);
    (9) Limited entry midwater trawl, Pacific whiting mothership sector 
(catcher vessel or mothership), observer (declaration code 23);
    (10) Limited entry midwater trawl, Pacific whiting mothership 
sector (catcher vessel), electronic monitoring (declaration code 23);
    (11) Limited entry bottom trawl, shorebased IFQ, not including 
demersal trawl or selective flatfish trawl, observer (declaration code 
30);
    (12) Limited entry bottom trawl, shorebased IFQ, not including 
demersal trawl or selective flatfish trawl, electronic monitoring 
(declaration code 30);
    (13) Limited entry demersal trawl, shorebased IFQ, observer 
(declaration code 31);
    (14) Limited entry demersal trawl, shorebased IFQ, electronic 
monitoring (declaration code 31);
    (15) Limited entry selective flatfish trawl, shorebased IFQ, 
observer (declaration code 32);
    (16) Limited entry selective flatfish trawl, shorebased IFQ, 
electronic monitoring (declaration code 32);
    (17) Non-groundfish trawl gear for pink shrimp (declaration code 
41);
    (18) Non-groundfish trawl gear for ridgeback prawn (declaration 
code 40);
    (19) Non-groundfish trawl gear for California halibut (declaration 
code 42);
    (20) Non-groundfish trawl gear for sea cucumber (declaration code 
43);
    (21) Open access bottom contact hook-and-line gear for groundfish 
(e.g., bottom longline, commercial vertical hook-and-line, dinglebar) 
(declaration code 33);
    (22) Open access Pacific halibut longline gear (declaration code 
62);
    (23) Open access groundfish trap or pot gear (declaration code 34);
    (24) Open access Dungeness crab trap or pot gear (declaration code 
61);
    (25) Open access prawn trap or pot gear (declaration code 60);
    (26) Open access sheephead trap or pot gear (declaration code 65);
    (27) Open access non-bottom contact hook and line gear for 
groundfish (e.g., troll, jig gear, rod & reel gear) (declaration code 
35);
    (28) Open access non-bottom contact stationary vertical jig gear 
(declaration code 36);
    (29) Open access non-bottom contact troll gear (declaration code 
37);
    (30) Open access HMS line gear (declaration code 66);
    (31) Open access salmon troll gear (declaration code 63);
    (32) Open access California Halibut line gear (declaration code 
64);
    (33) Open access Coastal Pelagic Species net gear (declaration code 
67);
    (34) Other, a gear that is not listed above (declaration code 69);
    (35) Tribal trawl gear (declaration code 50);
    (36) Open access set net or gillnet gear--California (declaration 
68); or
    (37) Gear testing, Trawl Rationalization fishery (declaration code 
70).
* * * * *
[FR Doc. 2022-21366 Filed 9-30-22; 8:45 am]
BILLING CODE 3510-22-P