Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Non-Trawl Logbook; Correction, 74328-74329 [2022-26231]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Rules and Regulations]
[Pages 74328-74329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26231]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

RTID 0648-BK81


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

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

ACTION: Final rule; correction.

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SUMMARY: NMFS published a final rule on October 3, 2022, announcing 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 (87 FR 
59724). This correction is necessary to modify a regulatory instruction 
so that the implementing regulations are accurate. This correction is 
also necessary to clarify the methods by which fishermen can record 
required information while on a fishing trip.

DATES: This correction is effective January 1, 2023.

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

ADDRESSES: 

Electronic Access

    This rule is accessible via the internet at the Office of the 
Federal Register website at https://www.federalregister.gov. Background 
information and documents are available at the Pacific Fishery 
Management Council's website at https://www.pcouncil.org/.

SUPPLEMENTARY INFORMATION: NMFS published a final rule on October 3, 
2022, announcing 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 (87 FR 59724). This rule is effective January 1, 
2023.
    The October 3, 2022, final rule included regulatory changes to the 
declaration codes listed at Sec.  660.13(d)(4)(iv)(A). These regulatory 
instructions conflict with regulatory instructions that modify the same 
declaration codes in a different final rule that NMFS published on the 
same day to implement electronic monitoring program regulations for 
vessels using groundfish bottom trawl and non-whiting midwater trawl 
gear in the Pacific Coast Groundfish Trawl Catch Share Program (87 FR 
59705, October 3, 2022). This correction is necessary to modify the 
incorrect regulatory instruction so that the implementing regulations 
are accurate.
    This correction is also necessary to clarify the methods by which 
fishermen can record required information while on a fishing trip. NMFS 
added clarifying regulatory text that explains that fishermen can 
record required gear setting and retrieval information outside of the 
electronic logbook application while fishing, as long as the 
information is entered and submitted within the electronic logbook 
application within 24 hours of landing.

Correction

0
In FR. Doc. 2022-21409 at 87 FR 59724 in the issue of October 3, 2022, 
on page 59728, correct amendatory instruction 4 and the regulatory text 
to read:
0
4. In Sec.  660.13:
0
a. Add paragraphs (a)(2) through (4); and
0
b. Revise paragraphs (d)(4)(iv) introductory text and paragraph 
(d)(4)(iv)(A).
    The additions and revisions read as follows:


Sec.  660.13  Recordkeeping and reporting.

* * * * *
    (a) * * *
    (2) Non-Trawl Logbook. The authorized representative of a 
commercial vessel participating in the below list of groundfish fishery 
sectors 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 South to Subpart E, 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) Non-Trawl 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) Setting gear. Logbook entries for setting gear, including 
vessel information, gear specifications, set date/time/location, must 
be completed within 2 hours of setting gear. The authorized 
representative of each vessel may record or document this information 
in a format outside of the electronic logbook application (e.g., 
waterproof paper). Information recorded outside of the electronic 
logbook application must be available for review at-sea by authorized 
law enforcement personnel upon request, and must be entered into the 
electronic application per subparagraph C.
    (B) Retrieving gear. Logbook entries for retrieving gear, including 
date/time recovered and catch/discard information, must be completed 
within 4 hours of retrieving gear. The authorized representative of 
each vessel may record or document this information in a format outside 
of the electronic logbook application (e.g., waterproof paper). 
Information recorded outside of the logbook entry must be available for 
review at-sea by authorized law enforcement personnel upon request, and 
must be entered into the electronic application per subparagraph C.
    (C) Non-Trawl Electronic Logbook Submission. 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, including information under subparagraphs A and 
B that was captured but not recorded in the electronic logbook 
application while fishing.
    (4) Non-Trawl Paper Logbook. For a minimum of one year from the 
effective date of the final rule, vessels subject to

[[Page 74329]]

this non-trawl logbook requirement 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 above in Sec.  
660.13(a)(3)(i) through (ii). The authorized representative of the 
vessel must deliver the NMFS copy of the non-trawl logbook form by 
mail, email, 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) 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 
(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),
    (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).
* * * * *

    Dated: November 28, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2022-26231 Filed 12-2-22; 8:45 am]
BILLING CODE 3510-22-P