[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Proposed Rules]
[Pages 61161-61180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21058]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 151116999-6759-01]
RIN 0648-BF52


Fisheries Off West Coast States; Pacific Coast Groundfish 
Fishery; Electronic Monitoring Program

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes approval of, and regulations to implement, 
measures in a regulatory amendment to the Pacific Coast Groundfish 
Fishery Management Plan (FMP). The regulatory amendment was developed 
by the Pacific Fishery Management Council (Council) to implement an 
electronic monitoring (EM) program for two sectors of the limited entry 
trawl fishery. The regulatory amendment proposes to allow catcher 
vessels in the Pacific whiting fishery and fixed gear vessels in the 
shorebased Individual Fishing Quota (IFQ) fishery to use EM in place of 
observers to meet the requirements of the Trawl Rationalization Program 
for 100-percent at-sea observer coverage. This action is intended to 
increase operational flexibility and reduce monitoring costs for 
vessels in the trawl fishery by providing an alternative to observers. 
Data from the EM program would be used to debit discards of IFQ species 
from IFQs and mothership cooperative allocations. The regulatory 
amendment would establish an application process for interested vessel 
owners, performance standards for EM systems, requirements for vessel 
operators, and a permitting process and standards for EM service 
providers. The regulatory amendment would also establish requirements 
for processors (first receivers) for receiving and disposing of 
prohibited and protected species from EM trips.

DATES: Comments must be received by October 6, 2016.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2016-0115, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0115, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Barry Thom, Acting 
Regional Administrator, West Coast Region, NMFS, 7600 Sandpoint Way 
NE., Seattle, WA 98115-0070; Attn: Melissa Hooper.
     Fax: 206-526-4461; Attn: Melissa Hooper.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Copies of the regulatory amendment and draft analysis prepared by 
the Council are available from Chuck Tracy, Executive Director, Pacific 
Fishery Management Council, 7700 NE Ambassador Place, Suite 101, 
Portland, OR 97220-1384. The Regulatory Impact Review (RIR), draft 
environmental assessment (EA), and Initial Regulatory Flexibility 
Analysis (IRFA) prepared for this action are accessible via the 
Internet at http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish_catch_shares/electronic_monitoring.html. The IRFA assessing 
the impacts of the proposed measures on small entities and describing 
steps taken to minimize any significant economic impact on such 
entities is summarized in the Classification section of this proposed 
rule. Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule should be submitted to the Acting Regional Administrator 
at the address above and to the Office of Management and Budget (OMB) 
by email to [email protected], or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Melissa Hooper, Fishery Policy 
Analyst, phone: 206-526-4357, fax: 206-526-4461.

SUPPLEMENTARY INFORMATION:

Background

    The Pacific Coast Groundfish FMP specifies management measures for 
over 90 different species of rockfish, flatfish, roundfish, sharks, 
skates, and other species, in Federal waters off the West Coast states. 
Target species in the commercial fishery include Pacific hake 
(whiting), sablefish, dover sole, and rockfish, which are harvested by 
vessels using primarily midwater and bottom trawl gear, but also fish 
pots and hook and line. The trawl fishery is managed under a catch 
share program called the Trawl Rationalization Program, which was 
implemented through Amendment 20 to the FMP in January 2011. The 
Program consists of an IFQ program for the shorebased trawl fleet 
(including whiting and non-whiting sectors), and cooperatives for the 
at-sea mothership

[[Page 61162]]

and catcher/processor trawl fleets (whiting only). Concurrently, 
Amendment 21 established long-term allocations of certain groundfish 
species for the limited entry trawl sectors, which are used to 
determine what proportion of each species individual cooperatives and 
vessels can harvest. Annual catch limits are set on a two-year cycle 
through the biennial harvest specifications process. The 2017-2019 
harvest specifications are under development by the Council and NMFS 
and intended to take effect January 1, 2017.
    As part of the catch share program, Amendment 20 implemented 
requirements for 100 percent monitoring at-sea and dockside in order to 
ensure accountability for all landings and discards of allocated 
species. Catcher processors and motherships are required to carry two 
observers at all times, depending on the length of the vessel, and 
catcher vessels are required to carry one observer, including while in 
port until all fish are offloaded. In addition, first receivers, which 
are processors that are licensed to receive IFQ landings, are required 
to have catch monitors to monitor 100-percent of IFQ offloads. Vessel 
owners and first receivers are responsible for obtaining and funding 
catch share observers and catch monitors as a necessary condition of 
their participation in the program. However, NMFS subsidized the cost 
of observers for the first 5 years of the program to assist the 
industry in transitioning to the catch share program. The amount of the 
subsidy declined each year and ended in September 2015.
    Faced with the costs of 100-percent monitoring, the industry raised 
concerns about their ability to support these costs and the need for an 
alternative to meet the monitoring requirements of the program. EM uses 
cameras and associated sensors to passively record and monitor fishing 
activities. The video can be reviewed by an analyst onshore at a later 
time to collect catch and effort information. EM has the potential to 
reduce monitoring costs because it does not require deploying a person 
on the vessel and the logistical and travel expenses that generates. EM 
was tested by the whiting fishery through Exempted Fishing Permits 
(EFPs) from 2004 to 2011 and by the Pacific States Marine Fisheries 
Commission (PSMFC) in the whiting fishery and with other gear types in 
2012-2014. EM has been successfully deployed in British Columbia, 
Canada, to monitor fishing operations, and more recently in the U.S. 
Atlantic highly migratory species (HMS) fishery.
    In response to industry's concerns, the Council initiated 
development of a regulatory amendment in November 2012 to implement an 
EM program for the shorebased and mothership sectors that would allow 
catcher vessels to use EM in place of observers to meet the at-sea 
monitoring requirements of the catch share program. Prior to Amendment 
20, the Council had been developing an EM program for the Pacific 
whiting fishery in Amendment 10, but had set the action aside to 
prioritize work on the catch share program. The Council incorporated 
the Amendment 10 program in Amendment 20, making the whiting fishery a 
maximized retention fishery (all catch, with few exceptions, must be 
landed), and allowing for EM to be used in place of observers. However, 
the requirements of the EM program were not sufficiently developed to 
be implemented with the rest of the catch share program at that time. 
This regulatory amendment would specify the detailed requirements 
necessary to implement this provision of Amendment 20 for two 
components of the trawl fishery--catcher vessels using midwater trawl 
gear to target whiting in the mothership and shorebased sectors and 
trawl-permitted vessels using fixed gear to target other species in the 
shorebased sector. The regulatory amendment originally contemplated 
measures for all gear types, but the Council chose to postpone measures 
for bottom trawl and non-whiting midwater trawl vessels to a subsequent 
action to allow more time for development and analysis.
    The Council had completed development of these measures in 2014, 
but postponed final action and instead approved four EFPs to test the 
proposed measures in the fishery. These EFPs would be used to provide 
data to analyze the effectiveness of the measures and to develop 
detailed requirements and procedures that would be necessary to 
implement the program. NMFS approved and issued the EFPs in May, 2015. 
A total of 34 vessels using a range of gear types participated in 2015, 
and 47 signed up in 2016. The Council reviewed the results of the 2015 
EFPs at their meetings during the fall 2015-spring 2016 and took final 
action on the measures for whiting and fixed gear vessels at their 
April, 2016 meeting. Implementation of this action is targeted for 
November, 2016, with the intent for vessels to begin fishing with EM 
under the regulations in January, 2017.

Proposed Measures

    The measures proposed by the regulatory amendment are described 
below. To implement these measures NMFS is proposing to revise the 
trawl fishery regulations in Sec. Sec.  660.13, 660.19, 660.130, 
660.140, and 660.150, to allow for vessel owners to use EM in place of 
an observer and establishes new regulations in Sec. Sec.  660.600-
660.604 governing its use. The proposed regulations were deemed by the 
Council to be consistent with the regulatory amendment and necessary to 
implement such provisions pursuant to section 303(c) of the Magnuson-
Stevens Act through an August 16, 2016, letter from the Council 
Chairman to the NMFS Regional Administrator.

1. Overview of the EM Program

    The regulatory amendment proposes to implement an EM program for 
Pacific whiting catcher vessels in the shorebased and mothership 
sectors and fixed gear vessels in the shorebased sector of the 
groundfish fishery. Vessel owners would be able to apply to NMFS to 
receive an exemption from the 100-percent observer coverage 
requirement, provided that they use an EM system and follow the catch 
handling, reporting, and other requirements of the EM program. Vessel 
owners authorized to use EM would be required to obtain an EM system 
from a NMFS-permitted service provider, as well as services to install 
and maintain the EM system, and to process, store, and report EM data 
to NMFS. Vessel operators would be required to submit a logbook 
reporting their discards of IFQ species. NMFS would use the logbook 
data to debit discards of IFQ species from IFQs and cooperative 
allocations, and use the EM data to audit the logbook data. EM data 
would also be used to monitor compliance with the requirements of the 
catch share program. NMFS's incremental costs to administer the EM 
program would be recoverable through Trawl Program cost recovery fees. 
The requirements of the program for vessel owners, operators, first 
receivers, and service providers, are described in more detail in the 
following sections.
    As proposed in the Council's regulatory amendment, vessel owners 
would be responsible for the costs of procuring EM equipment and 
services from NMFS-permitted EM service providers. However, NMFS is 
still developing the standards and protocols that it would use to 
oversee service providers processing the EM data to ensure adequate 
data quality. Therefore, NMFS intends to conduct the data processing 
itself during 2017-2019 through PSMFC, contingent on available 
appropriations. Provided NMFS has sufficient funding, during 2017-2019 
vessel operators would be responsible

[[Page 61163]]

for procuring EM equipment and maintenance services from EM service 
providers. The requirement for vessel owners to obtain and fund data 
processing, storage, and reporting services would take effect January 
1, 2020. This phased approach is reflected in the proposed regulations. 
In addition, because NMFS's ability to fund the video review is 
contingent upon appropriations which are not guaranteed, NMFS retains 
the ability in the regulations to implement the requirement for vessel 
owners to obtain data services earlier. In such a case, NMFS would 
provide at least six months prior notice to service providers and 
vessel owners before implementing the requirements.
    In the proposed EM program, vessel operators would submit logbook 
reports which would be used initially to debit discards from IFQ vessel 
accounts and cooperative allocations. The video would later be reviewed 
by an analyst to determine an estimate of discards to use to audit the 
logbook reports. The Council also considered using EM discard estimates 
as the primary source for debiting discards in the whiting fishery, 
because it was thought that logbooks would be an unnecessary burden to 
vessels operators in the whiting fishery where estimating discards from 
the video is relatively quick. In addition, whiting industry 
representatives supported reviewing 100-percent of the video, and 
logbooks are primarily employed to allow a subsample of video to be 
reviewed in an audit model. However, through the 2015 EFPs, the Council 
and NMFS realized the value of the logbooks for communication between 
the vessel operator and the video reviewer about system malfunctions, 
for data quality assurance, and for aligning discard estimates. 
Therefore, the Council proposed a logbook audit model for both fixed 
gear and whiting vessels.
    The Council proposes that initially 100 percent of the video be 
reviewed to audit the logbooks, but that NMFS may modify this 
percentage over time based on performance and in consultation with the 
Council. The Council also considered requiring 100 percent of the video 
to always be reviewed, because it would provide more certainty for 
discard estimates than extrapolating total discards from a subsample. 
However, reviewing 100 percent of the video is generally more costly 
than reviewing a subsample and erodes the potential savings that EM can 
provide relative to observers. For this reason, other EM programs 
implemented to date, such as the U.S. Atlantic HMS, British Columbia 
groundfish, and Australian programs, review a percentage of the video 
to audit vessel reports. Because an objective of the regulatory 
amendment was to reduce monitoring costs for the fleet, the Council 
also selected an audit approach for the west coast EM program. However, 
the Council also tied the level of review to program performance to 
ensure that data quality for catch accounting is maintained.
    Discards estimated by the EM program, from logbook or EM data, 
would be debited from IFQs and cooperative allocations. The Council 
considered other alternatives for whiting trips that would have 
deducted small amounts of discards from ACLs, sector-wide, or 
cooperative allocations, preseason using estimates developed from 
historical observer data. It was believed that allowing video reviewers 
to ignore many small events during the video review might expedite the 
video review and reduce data processing costs. However, through the 
2015 EFPs, the Council and NMFS learned that whiting hauls can be 
reviewed very quickly and that eliminating these discard events from 
review would not result in much cost savings. Therefore, the Council 
proposed debiting all discards from IFQs and cooperative allocations to 
provide the strongest incentive to minimize bycatch and discards.
    Under the proposed EM program, Pacific halibut discards would be 
debited using discard mortality rates rather than viability 
assessments. Currently, observers on IFQ trips conduct viability 
assessments of all or a subsample of discarded halibut, which are a 
bycatch species in the groundfish fishery. Observers assign a score to 
the discarded halibut based on the results of the viability assessment 
which are used as an indication of whether the halibut is likely to 
survive after release. Based on the score given, a portion of the 
halibut's weight, rather than the total weight, may be deducted from a 
vessel's halibut Individual Bycatch Quota (IBQ). Observers will no 
longer be present to conduct viability assessments on EM trips, so NMFS 
would instead use discard mortality rates developed by the 
International Pacific Halibut Commission (IPHC) to deduct halibut IBQ 
from vessel accounts (18 percent for pots, 16 percent for longline, and 
100 percent for midwater trawl). The West Coast Groundfish Observer 
Program (WCGOP) currently uses these rates to estimate mortality of 
halibut caught as bycatch in other west coast fisheries that have less 
than 100-percent observer coverage. PSMFC is currently conducting a 
study on bottom trawl trips to determine if viability can be estimated 
from information that can be collected from EM and logbooks. NMFS may 
revise the discard mortality rates at a future time to incorporate the 
results of this project or other new information, in consultation with 
the IPHC, to continue to use the best scientific information available 
to estimate halibut mortality.
    Although vessel owners would be exempt from the requirement to 
obtain a catch share observer while using EM, vessel owners would still 
be required to carry an observer if requested by NMFS. Prior to the 
catch share program, NMFS deployed WCGOP observers on a percentage of 
trips in the trawl fishery to collect information for estimating 
mortality and bycatch, and to collect biological samples and other 
information. When the catch share program was implemented with a 
requirement for 100-percent industry-funded observer coverage, NMFS 
suspended its WCGOP coverage and reallocated these resources to monitor 
other fisheries; the catch share observers were able to serve dual 
purposes, collecting the information necessary to monitor compliance 
with the catch share program as well as other information such as 
biological samples and bycatch data. With the implementation of EM, 
NMFS is reinstituting the WCGOP coverage in the trawl fishery for EM 
trips. The EM program is intended to monitor discards of IFQ species 
for catch accounting, as well as compliance with the regulations. The 
EM program is not intended to collect all the other information that an 
observer collects, such as biological samples and bycatch information. 
Therefore, NMFS would use WCGOP coverage to continue to collect such 
information from the trawl fishery for use in groundfish mortality and 
bycatch estimates, stock assessments, and the standardized bycatch 
reporting methodology (SBRM). At this time, NMFS intends to deploy 
WCGOP observers on fixed gear trips, but not whiting trips because 
bycatch rates in the whiting fishery are low and nearly all catch is 
delivered and sampled by port samplers and mothership observers. 
However, NMFS would retain the authority in the regulations to deploy 
observers on whiting trips in a future fishing year with prior notice, 
if it was determined to be necessary.

2. Measures for Which NMFS Is Specifically Requesting Comments

Catch Retention Requirements
    Under the proposed EM program, whiting vessels would continue to 
fish

[[Page 61164]]

under the maximized retention requirements implemented in Amendment 20. 
However, NMFS is proposing to clarify the existing definition of 
``maximized retention'' for the purposes of the EM program to make 
clear what types of discards are allowed (see proposed 50 CFR 
660.604(p)(1)). The following discards would be permitted on whiting 
trips as ``minor operational discards'': Mutilated fish, large animals 
(longer than 6 feet (1.8 meters) in length), fish spilled from the 
codend during transfer to the mothership, fish picked from the gear or 
washed from the deck during cleaning, and fish vented from an overfull 
codend. Discards of invertebrates, trash, and debris, and discard 
events outside the control of the vessel operator would also be 
allowed. Minor operational discards would not include discards as a 
result from taking more catch than is necessary to fill the hold 
(a.k.a. ``topping off''), which would continue to be prohibited. Minor 
operational discards would also not include discards of fish from a tow 
that was not delivered. This occurs when there is not enough catch 
worth delivering to a mothership, or not of the desired species 
composition, sometimes called ``test tows'' or ``water tows.'' These 
discards are currently allowed if first sampled by an observer, but in 
an EM program, an observer would no longer be onboard to sample the 
catch before discarding. In addition, as no catch from the haul would 
be delivered to either a mothership or a plant, there would be no 
species composition to extrapolate to the discarded weight. Because 
these tows can sometimes include overfished or endangered species, 
these discards will be prohibited under the EM program. All discards, 
regardless of the source, would be required to be reported in a discard 
logbook and included in mortality estimates or debited from allocations 
(for IFQ species).
    This revised definition was not included in the version of the 
regulations that the Council deemed, because the need for clarification 
was not clear to NMFS until after the April Council meeting. Therefore, 
NMFS is proposing to revise the definitions here using its authority 
under section 305(d) of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), which allows the Secretary of 
Commerce to implement regulations necessary to ensure that fishery 
management plans or amendments are carried out consistent with the 
Magnuson-Stevens Act. NMFS is specifically requesting comment on this 
proposed definition.
    NMFS is also requesting comment on catch retention rules for fixed 
gear vessels. The Council's regulatory amendment proposed ``optimized 
retention'' for fixed gear vessels, in which vessels would be able to 
discard any species that could be differentiated on camera. The measure 
provided for the list of allowable discard species to be revised as 
technology and methods improve through the ``routine process'' under 
the FMP (see Sec.  660.60(c)). At the time of the Council's final 
action, NMFS only had data from the 2015 EFPs in which fixed gear 
vessels tested maximized retention, retaining all catch until landing. 
NMFS was proposing to allow fixed gear vessels to test optimized 
retention in 2016, but the results were not yet available. As a result, 
the proposed regulations reflect the more conservative, and 
restrictive, maximized retention rules that were based on 2015 EFP 
results and that were deemed by the Council (see proposed Sec.  
660.604(p)(2)). Under the maximized retention option, fixed gear 
vessels would be required to retain IFQ species salmon, and non-IFQ 
rockfish, flatfish, and roundfish.
    However, NMFS is also considering the optimized retention option 
and seeks public comment on both options. Under the optimized retention 
option, fixed gear vessels may discard all fish, except salmon. NMFS 
will select a final option, based on public comment and the results of 
the 2016 EFPs, in the final rule, if the proposed measures are 
approved. Under either option, fixed gear vessels would be required to 
retain salmon in order to ensure complete accounting for the incidental 
take statement (ITS), although fixed gear vessels rarely catch salmon.
Switching Between Observers and EM
    The Council proposed a limit on the number of times a vessel may 
switch between using observers and using EM in the same year. Observer 
providers and the WCGOP expressed concerns during the development of 
the regulatory amendment that some vessels may try to maximize their 
flexibility by using an observer on some trips and EM on others. It may 
be advantageous for a captain to use an observer where they have higher 
bycatch of a species they would like to discard, and EM on other trips 
with lower bycatch. Observer providers and WCGOP try to match the 
number of trained observers and their distribution across ports to the 
needs of the fleet. Frequent switching would disrupt deployment 
planning for observers and potentially result in observers not being 
available when needed in a particular port. Although it is in a vessel 
owner's interest to plan ahead with their provider in order to ensure 
an observer is available to meet their needs, this does not always 
occur. The Council considered alternatives for limiting switching in 
order to minimize disruption.
    During the Council's consideration of final action for fixed gear, 
NMFS proposed that vessel owners submit a tentative fishing plan each 
year that would describe their intentions to use EM or observers for 
the upcoming fishing year. The WCGOP and observer providers could then 
use this information for planning purposes. The fishing plan would not 
be binding on vessel owners, maintaining their operational flexibility, 
but would provide the information needed for planning observer demand. 
The Council supported this idea and, therefore, recommended no limit on 
switching for fixed gear vessels. However, the Council did not make 
this change to the whiting alternatives and, as a result, the proposed 
regulations include a limit on switching for whiting vessels (see 
proposed Sec.  660.604(m). Whiting industry members did not anticipate 
switching between observers and EM and so did not oppose this measure 
at the April meeting.
    NMFS believes the proposed limit on switching for whiting may be 
ineffective at preventing disruptions to observer planning, because it 
would still allow for last-minute switching. NMFS believes requiring 
whiting vessel owners to submit a tentative fishing plan as for fixed 
gear vessels would provide the information NMFS needs and with more 
notice. NMFS believes not revising this alternative for whiting was an 
oversight by the Council and is concerned there is a not a clear 
rationale for why this limit should be implemented for whiting, but not 
fixed gear vessels. Therefore, NMFS is specifically requesting comments 
on having a limit on switching for the whiting fishery and, if there is 
a limit, whether twice a year is an appropriate limit (with additional 
exceptions for EM system malfunctions).
Video Data Retention
    As part of the data services provided to vessel owners by EM 
service providers beginning in 2020, EM service providers would be 
required to maintain records and EM data for a minimum of three years 
(see proposed Sec.  660.603(m)(6)). Vessel owners would be responsible 
for the costs of this data storage, along with the other services 
rendered by the EM provider, as a condition of their participation in 
the program. This measure was discussed at

[[Page 61165]]

the November 2015 and April 2016 Council meetings. NMFS initially 
recommended a five year retention period, based on the five year 
statute of limitations for violations of the Magnuson-Stevens Act, to 
provide NMFS and law enforcement personnel sufficient time to review 
discard data reported by vessels and service providers, detect 
compliance issues, and to determine if any of the video should be 
retained for additional time and uses. Some industry members are 
concerned about the costs of storing such a large amount of video data, 
as well as the potential for enforcement personnel or other entities to 
access it for other purposes. They would prefer the video data be 
destroyed after one year, and only the reports resulting from the video 
review be retained. As a compromise, NMFS proposed and the Council 
supported a three year retention period in the draft regulations. 
However, the Council also recommended that NMFS review this requirement 
before 2020 to determine if it can be reduced. NMFS is specifically 
requesting comment on whether a one, three, or five year, retention 
period is appropriate for video data.

3. Vessel Owner Responsibilities

    Vessel owners interested in using EM would be required to obtain 
authorization from NMFS. There would be a two-step application process, 
starting with an initial application that NMFS would use to assess a 
vessel owner's eligibility (see proposed Sec.  660.604(e)). After 
reviewing the application, NMFS would notify the vessel owner of their 
eligibility to use EM and to submit a final application. The final 
application would include a form signed by a representative of the EM 
service provider certifying that the EM system was installed according 
to the performance standards in the regulations (see proposed 
Sec. Sec.  660.604(e)(3)(i) and 660.604(j)). The final application 
would also include a tentative fishing plan (see proposed Sec.  
660.604(e)(3)(ii)), which would be used by NMFS to plan WCGOP sampling 
and observer deployments, and a vessel monitoring plan (VMP), which 
would document the configuration of equipment and catch handling 
protocols on that particular vessel (see proposed Sec.  
660.604(e)(3)(iii)). NMFS would notify the vessel owner of its final 
decision after reviewing the final application and, if approved, issue 
the vessel an EM authorization. If an initial or final application is 
denied, a vessel owner would be able to appeal NMFS's decision 
following the permits appeals process at Sec.  660.25(g). The EM 
authorization would be effective until a change in vessel ownership, 
until NMFS notifies the owner that they are no longer eligible for it, 
or if the vessel owner fails to renew it. The EM authorization would be 
automatically renewed provided a vessel owner submits a renewal form 
verifying their vessel monitoring plan and providing an updated fishing 
plan. If a renewal form is not submitted, the authorization would 
expire on December 31 of that year.
    NMFS is proposing that vessel owners that participated in the EM 
EFPs only be required to complete a renewal form, because NMFS already 
has vessel monitoring plans and a performance history for these 
vessels, making a complete application process unnecessary. If 
approved, NMFS would mail renewal forms to EFP vessel owners upon 
publication of the final rule. New vessel owners interested in using EM 
in 2017 would be required to submit an application after publication of 
the final rule. Draft application materials may be viewed on the West 
Coast Region's Web site: http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish_catch_shares/electronic_monitoring.html.
    NMFS would develop and maintain EM Program Guidelines, which would 
document best practices and other information that NMFS would use to 
evaluate vessel monitoring plans submitted by vessel owners (see 
proposed Sec.  660.600(b)). New applicants for an EM authorization this 
fall may view draft EM Program Guidelines on the West Coast Region's 
Web site: http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish_catch_shares/electronic_monitoring.html. The draft 
guidelines provide guidance and a template for developing individual 
vessel monitoring plans.
    Vessel owners would be able to make changes to the vessel 
monitoring plan at any time by submitting an amendment to NMFS (see 
proposed Sec.  660.604(f)). The vessel monitoring plan is intended to 
be a living document and would be modified over time to reflect changes 
to the vessel's equipment and operations, provided that NMFS has 
accepted the amendments in writing.

4. Vessel Operator Responsibilities

    An operator of a vessel with EM would be required to attend a 
mandatory training on EM requirements prior to beginning fishing with 
EM (see proposed Sec.  660.604(b)(5)). NMFS may waive this requirement 
on a case-by-case basis, such as for those captains that successfully 
participated in the EM EFP. Vessel operators would also be required to 
maintain the EM system in good working order, including ensuring the EM 
system is powered and functioning throughout the trip, keeping cameras 
clean and unobstructed, and ensuring the system is not tampered with 
(see proposed Sec.  660.604(l)(1). The vessel operator would be 
required to declare their intent to use EM to the Office of Law 
Enforcement (OLE) via the existing declaration process at Sec.  
660.13(d)(5) (also see proposed Sec.  660.604(m)). The vessel operator 
would also be required to notify WCGOP 48-hours before each EM trip for 
purposes of planning observer coverage (see proposed Sec.  660.604(n)). 
If selected to carry an observer, the vessel operator would not be able 
to depart on the trip without the observer, and would be required to 
accommodate the observer on that trip. The vessel operator would also 
be required to conduct a system functionality test before each trip to 
ensure the EM system is working properly before departing (see proposed 
Sec.  660.604(l)(2)). If the EM system malfunctions, a vessel operator 
may be prevented from fishing or required to return to port until the 
EM system is repaired, depending on the nature of the malfunction (see 
proposed Sec.  660.604(l)(3)). An EM vessel would not be allowed to 
fish with an EM system that is not able to record fishing activity, 
unless an observer is onboard. A vessel operator would always be 
allowed to obtain an observer at their own expense to continue fishing 
while the EM system is repaired. The vessel operator would also be 
responsible for ensuring the crew follow the catch handling 
instructions in the VMP (see proposed Sec.  660.604(r)), for completing 
a logbook for each trip and submitting logbooks and hard drives to 
PSMFC according to the deadlines in the regulations (see proposed Sec.  
660.604(s)), and maintaining records for a minimum of three years (see 
proposed Sec.  660.604(t)).

5. First Receiver Responsibilities

    First receivers would be required to sort and dispose of any 
prohibited or protected species retained by EM vessels (see proposed 
Sec.  660.604(u)). First receivers already have such disposition 
requirements for landings from Pacific whiting maximized retention 
trips. This action would expand the existing whiting sorting and 
disposition requirements to landings from all EM trips, including fixed 
gear trips. The first receiver would be required to do the following:
     Record all prohibited species on the electronic fish 
ticket and provide them to the catch monitor for recording.

[[Page 61166]]

     Dispose of prohibited and protected species in a manner 
that ensures it will not enter a commercial market.
     Sort eulachon and green sturgeon to species and report 
them on the electronic fish ticket. Whole green sturgeon would be 
required to be transferred to the NMFS Southwest Fisheries Science 
Center within 72-hours.
     Report and surrender albatross to the U.S. Fish and 
Wildlife Service (FWS).
     Report and surrender marine mammals and sea turtles to 
NMFS.
    Neither prohibited nor protected species would be allowed to be 
retained for personal use, including by a vessel owner or crew member, 
or first receiver or processing crew member. Prohibited species 
suitable for human consumption may be donated if appropriate to a 
surplus food collection and distribution system or nonprofit charitable 
organization for the purpose of reducing hunger and meeting nutritional 
needs.

6. EM Service Provider Responsibilities

    EM service providers interested in supplying EM equipment and 
services to the fishery would be able to apply to receive a permit from 
NMFS. A service provider would be able to apply to NMFS by submitting 
an application package that contains, among other things, information 
about the company's organizational structure, prior experience, 
criminal convictions, conflicts of interest, and an EM service plan 
describing how the EM service provider proposes provide services to the 
fishery to meet the requirements of the program (see proposed Sec.  
660.603(b)). The EM service plan contains a number of components (see 
proposed Sec.  660.603(b)(1)(vii)), including a description of the 
applicant's plan for provision of services, communications, procedures 
for hiring and training staff, and procedures for tracking hard drives, 
data processing, reporting, archiving EM data. The EM Service Plan 
would also include detailed descriptions of the EM system to be 
deployed and software to be used for analysis. An applicant may be 
required to provide NMFS with copies of the equipment and software for 
testing and evaluation (see proposed Sec.  660.603(b)(1)(viii)). NMFS 
would evaluate the application against the regulations and, if 
approved, issue the provider a permit. If denied, the provider may 
appeal NMFS's decision using the provider permit appeal process 
described at Sec.  660.19. The provider permit would be effective until 
the company changes ownership, NMFS notifies the provider that the 
permit is no longer valid, or if the provider fails to renew it. A 
provider's permit would be automatically renewed provided it submits a 
complete renewal form attesting to the accuracy of the current EM 
service plan and other information. The EM service provider would be 
able to modify its service plan by submitting an amendment to NMFS (see 
proposed Sec.  660.603(c)). The EM service plan is intended to be a 
living document and would be updated over time to reflect changes to 
the provider's operations. NMFS would maintain EM Program Guidelines 
for the EM service plan on its Web site to assist providers in 
developing their plans (see proposed Sec.  660.600(b)). NMFS has posted 
draft application materials and EM Program Guidelines on its Web site: 
http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish_catch_shares/electronic_monitoring.html.
    As with observer and catch monitor providers, an EM service 
provider would be required to be free of any conflicts of interest and 
to have insurance coverage for their employees that provide services on 
the vessels (see proposed Sec.  660.603(h)).
    EM service providers would be required to provide field and 
technical support services to vessels with which they have a contract, 
including installing equipment to meet NMFS's performance standards and 
providing technical assistance and repair services (see proposed Sec.  
660.603(k)). The EM service provider would also be required to provide 
support to NMFS, including assistance in diagnosing and resolving 
technical issues and litigation support, free of charge to NMFS (see 
proposed Sec.  660.603(l)).
    Beginning in 2020, or when NMFS transitions video review 
responsibilities to third party providers, the EM service provider 
would responsible for processing EM datasets; submitting reports to 
NMFS of catch data, compliance issues, and technical issues; 
communicating feedback to vessel operators to improve data quality; 
maintaining EM program records, including raw video and processed EM 
datasets; and maintaining the confidentiality and security of EM data 
(see proposed Sec.  660.603(m)). EM data would be confidential, as are 
observer data, consistent with Magnuson-Stevens Act requirements. The 
service provider would be responsible for ensuring its staff are fully 
trained to successfully execute these duties.

Classification

    Except for those measures identified above where NMFS is requesting 
specific comment, NMFS has made a preliminary determination that the 
measures this proposed rule would implement are consistent with the 
Pacific Coast Groundfish FMP, Magnuson-Stevens Act and other applicable 
laws. In making the final determination, NMFS will take into account 
the data, views, and comments received during the comment period.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order (E.O.) 12866.
    This proposed rule does not contain policies with Federalism or 
``takings'' implications as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.
    An IRFA was prepared, as required by section 603 of the Regulatory 
Flexibility Act (RFA). The IRFA, which includes this section of the 
preamble to this rule and analyses contained in its accompanying EA and 
RIR/IRFA, describes the economic impact this proposed rule, if adopted, 
would have on small entities. A description of the action, why it is 
being considered, and the legal basis for this action are contained at 
the beginning of this section in the preamble and in the SUMMARY 
section of the preamble.

Description and Estimate of Number of Small Entities to Which the Rule 
Will Apply

    This regulatory amendment impacts mainly commercial harvesting 
entities engaged in the groundfish limited entry trawl fishery. 
Although this action proposes an EM program for only two components of 
the limited entry trawl fishery--the Pacific whiting fishery and the 
fixed gear shorebased IFQ fishery--any limited entry trawl vessel may 
participate in these components, provided they comply with its 
requirements, and therefore may be eligible to use EM. 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, this IRFA analyzes impacts to the entire trawl fleet.
    A general description of the limited entry trawl fishery and catch 
share program is contained in the preamble to this section. Most recent 
permit information indicates that there are approximately 175 limited 
entry trawl permits. According to information from the Northwest 
Fishery Science Center Economic Data Collection Program, in 2014, the 
fourth year of the catch share program, there were 102 catcher vessels 
that participated in the West Coast Groundfish Trawl Catch Share 
program. Catcher vessels generated $85 million in

[[Page 61167]]

income and 954 jobs from deliveries of fish caught in the catch share 
program. Catcher vessels spent an average of 62 days fishing in the 
catch share program and spent an average of 80 additional days fishing 
in non-catch share fisheries. West Coast catcher vessels deliver to 
ports in Washington, Oregon, California, and at-sea; the two ports with 
the highest landings in 2014 were Astoria and Newport, both in Oregon. 
An average of 2.4 crew members worked aboard each West Coast catcher 
vessel, each earning an average compensation of $54,500. In 2014, 31 
percent of vessels were owner-operated at least part of the year. The 
average ex-vessel revenue per vessel from participation in the catch 
share program was $646,000. Average variable cost net revenue (ex-
vessel revenue minus variable costs) per vessel was $256,000 from 
participation in the catch share program, and the fleet-wide variable 
cost net revenue was $26.2 million. Average total cost net revenue (ex-
vessel revenue minus variable costs and fixed costs) per vessel was 
$127,000 and the fleet-wide total cost net revenue was $12.9 million 
(NWFSC, 2014; http://www.pcouncil.org/wp-content/uploads/2016/06/G5b_NMFS_Rpt4_MS_ElecVer_JUN2016BB.pdf). These are preliminary results 
and it should be noted that some industry members have questioned the 
results of EDC data which is based on cost-earnings surveys where all 
participants are required to respond to. Via the Pacific Fishery 
Management Council's Five Year IFQ Trawl Program Review, the NWFSC 
economists will be meeting with the industry to further validate their 
results with the industry.
    With respect to monitoring costs, the NWFSC 2014 EDC report states 
the following: ``One other change resulting from the implementation of 
the catch share program was a shift to 100% observer coverage with 
partial industry funding. Prior to catch shares, there was 
approximately 20% observer coverage, paid for by NMFS. In order to 
lessen the cost of transitioning to the required 100 percent observer 
coverage, catcher vessels received a maximum subsidy of $328.50 per day 
in 2011 and 2012. This subsidy decreased in 2013 to $256 per day and in 
2014 to $216 per day. Catcher vessels spent on average $14,400 on 
observer coverage (excluding the NMFS subsidy payments) while operating 
in the catch share program in 2014. In 2011, observer costs represented 
0.6% of total costs, and increased to 2.8 percent in 2014. Note that as 
observer subsidies have decreased over time, the average expenses per 
vessel have increased. For this reason, the average 2014 costs reported 
will not reflect the costs currently incurred by the fleet.'' It should 
be noted that the 2015 observer subsidy was about $108 per day. The 
subsidy program ended in September 2015. Currently the industry is 
paying about $500 per day for observers.
    This rule would apply to those entities that elect to use EM in 
lieu of observers. In 2015, a total of 36 vessels participated in the 
EM program. This total includes 20 vessels that participated in the 
Pacific whiting fishery (11 that participated in both the shorebased 
and mothership sectors, 9 that fished only in mothership) and 7 fixed 
gear vessels. This is likely an underestimate of the number of vessels 
that would use EM in the future. For RFA purposes only, NMFS has 
established a small business size standard for businesses, including 
their affiliates, whose primary industry is commercial fishing (see 50 
CFR 200.2). A business primarily engaged in commercial fishing (NAICS 
code 11411) is classified as a small business if it is independently 
owned and operated, is not dominant in its field of operation 
(including its affiliates), and has combined annual receipts not in 
excess of $11 million for all its affiliated operations worldwide. For 
for-hire fishing and fish processing entities, the Small Business 
Administration (SBA) defines a small business as one that is: 
Independently owned and operated; not dominant in its field of 
operation; has annual receipts not in excess of $7.0 million in the 
case of for-hire fishing entities; or if it has fewer than 500 
employees in the case of fish processors, or 100 employees in the case 
of fish dealers. When applying for their permits, entities were asked 
to classify themselves as a small business based on the finfish 
standard of $20.5 million. Only 5 indicated that they were ``large'' 
businesses and thus would continue to be large businesses under the 
$11.0 million standard. In 2015, ex-vessel revenues for all west coast 
fisheries for the remaining vessels ranged from $1,000 to $1.4 million. 
In 2014, ``other fisheries revenue'' collected on these vessels ranged 
from $0 to $5.0 million. Based on these ranges, NMFS concludes that the 
remaining vessels would be considered ``small'' even after factoring in 
the possibility of the vessels participating in Alaska fisheries.

Impacts of the Action on Small Entities

    This action contains two major alternatives--the Council's 
preferred alternative and proposed action, to allow vessels in the 
groundfish fishery to use EM in place of observers, and the no action 
alternative, which would not create an EM option. The regulatory 
amendment also considered several sub-options for design elements 
within the preferred alternative, which are described in the 
accompanying EA and summarized in the preamble. This rule proposes to 
implement the Council's preferred alternative.
    The proposed action is presenting a choice to fishermen--they can 
either continue to pay for 100-percent observer coverage or elect to 
pay for EM (i.e., equipment, maintenance, and video review). Using 2015 
EFP cost estimates developed jointly by PSMFC and NMFS, NMFS developed 
a model for assessing the vessel, fleet, and government costs from the 
preferred alternative. The results indicate economic impacts on small 
entities from the preferred alternative would be positive as these 
entities would have a choice of between hiring an observer and using 
EM. The current cost of an observer is approximately $500 per day. 
Presumably, vessel owners would choose between using an observer or EM 
based on relative costs and operational flexibility. NMFS estimates 
indicate fixed gear vessels will save approximately $98 per day, 
mothership catcher vessels $159 per day, and shoreside vessels $330, 
using EM. Vessels that participated in the EFPs already own EM systems 
(most whiting vessels and approximately half of the fixed gear 
vessels), so they may see a greater cost savings compared to new 
entrants, until such time that the cameras need to be replaced. Annual 
vessel estimates show fixed gear and mothership catcher vessels saving 
$3,000 to $4,000 and shoreside whiting vessels saving $24,000 per year, 
relative to the cost of observers. Annual fleet estimates show similar 
results.
    In addition to the direct costs of the program, vessel owners would 
be responsible for reimbursing NMFS for its incremental costs for 
administering the EM program. NMFS collects cost recovery fees to cover 
the incremental costs of management, data collection, and enforcement 
of the trawl rationalization program. Fees are limited to a maximum of 
3 percent of ex-vessel revenues. NMFS's incremental costs for 
administering the shorebased sector already exceed 3 percent, so the 
shorebased sector would not be likely to see an increase in fees from 
the preferred alternative in the short term. The mothership sector fees 
are currently 1.25 percent of ex-vessel revenue, so NMFS would be able 
to recover this sector's portion of EM program costs by increasing the 
fees.

[[Page 61168]]

    As mentioned in the preamble to this proposed rule, NMFS intends to 
conduct the video review itself for 2017-2019, contingent on available 
funding, while the standards and protocols that would be used to 
certify and oversee third party service providers are developed. The 
requirement for industry to fund the video review would take effect in 
2020, or earlier if NMFS does not have funding to process the data 
itself. When video review responsibilities shift to third party 
providers, NMFS's and PSMFC's responsibilities would be reduced to 
oversight and quality assurance, which may include auditing the service 
providers' video review results. To conservatively estimate government 
costs and corresponding fee increases, NMFS assumes that service 
providers would review 100 percent of the video and that NMFS would 
audit 50 percent of the video. Government costs include video review 
and storage costs, as well as program management costs, statistician 
costs, database management, and overhead. With the full transition in 
2020, NMFS estimates the government costs would be approximately 
$286,000 per year. Under current fee rates, only the portion of the 
costs related to the mothership catcher vessel fleet would be recouped 
by the cost recovery fee, which would result in an increase of 0.02 
percent. NMFS estimates that compared to the costs of observers, the 
preferred alternative would still present a lower cost option for 
whiting and fixed gear vessels.
    Under Alternative 2, seven sub-options were developed to address 
various aspects of program design. These sub-options are summarized in 
the preamble to this proposed rule. Generally speaking, the Council's 
sub-options would either have no effect on the overall cost of the 
program (sub-options A2, D1, E1), reduce the cost of the program (sub-
options E1, B1), or provide industry additional flexibility (sub-
options C2, F1, G1-Fixed Gear, G2-Whiting).

Measures Proposed To Mitigate Adverse Economic Impacts of the Proposed 
Action

    There are no significant alternatives to the proposed action that 
would accomplish the stated objectives and that minimize any 
significant economic impact of the proposed rule on small entities. 
Alternatives that were considered and rejected, and the reason the 
Council or NMFS rejected them, are summarized in Section 3.3 of the EA. 
The other sub-options considered, and the reasons the Council and NMFS 
did not propose them, are summarized in the preamble to this proposed 
rule. As fishermen would be given a choice between two alternative 
monitoring systems (observers versus EM), this rule is likely to have 
positive effects on small entities. NMFS believes that the preferred 
alternative for this rule would 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. 
Nonetheless, NMFS has prepared this IRFA. Through this proposed rule, 
NMFS is requesting comments on this conclusion. The proposed action and 
alternatives are described in detail in the Council's regulatory 
amendment and the accompanying EA and RIR/IRFA (see ADDRESSES).

Description of the Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    The proposed action contains a collection-of-information 
requirement subject to review and approval by OMB under the Paperwork 
Reduction Act (PRA). This requirement will be submitted to OMB for 
approval. The proposed action does not duplicate, overlap, or conflict 
with any other Federal rules.
    This action proposes to adjust notification requirements for 
groundfish vessels using EM and first receivers receiving catch from EM 
trips. Vessels would now be required to declare the type of monitoring 
they will use on a given trip--observer or EM. This change is necessary 
to provide vessels the flexibility to switch between different types of 
monitoring, depending on what is most cost effective and efficient for 
their operation at that time, while allowing NMFS to track which fleets 
vessels are participating in. The proposed change would only add 
additional potential answers to an existing question and not affect the 
number of entities required to comply with the declaration requirement 
(OMB Control Number 0648-0573). Therefore, the proposed change would 
not be expected to increase the time or cost burden associated with 
this requirement. Similarly, the requirement for EM vessels to notify 
the observer program before each trip would be in place of the existing 
notification to an individual vessel's observer provider when using a 
catch share observer, and would not be expected to increase the time or 
cost burden associated with the existing notification requirements 
approved under OMB Control Number 0648-0593. The requirement for first 
receivers to report protected and prohibited species landings was 
previously approved under OMB Control Number 0648-0619 and this action 
would not be expected to change the time or cost burden or number of 
entities associated with this requirement.
    This action proposes to require vessel owners to submit an 
application to NMFS to be approved to use EM in place of an observer. 
This application would include an application form, the purchase or 
lease and installation of an EM system, a VMP, and attendance of a 
mandatory training session. The time burden associated with these 
requirements is estimated to be approximately 10 hours per vessel owner 
to prepare and submit the application package, install the EM system, 
and attend training. The training would be given via webinar to 
maximize convenience and minimize travel costs for vessel captains. 
Based on comments from industry participants during the development of 
the regulations, NMFS is proposing that vessel owners and captains that 
participated in the EFPs complete an abbreviated application process 
for 2017 to reduce the time burden to them. The cost of an EM system 
and installation is estimated at $12,000 per vessel. Approximately half 
the active vessels in the fleet have already received EM units through 
their participation in the EFPs and would not need to purchase a new 
unit to participate in the program. Vessel owners would likely have to 
purchase new EM units every 5-10 years, depending on the life of the 
equipment. Vessel owners would also be responsible for maintaining the 
EM units in good working order, likely through a service contract with 
a NMFS-permitted EM service provider. NMFS estimates the annual average 
cost burden per vessel from this requirement to be approximately 
$5,600.
    If denied an EM Authorization, vessel owners would be able to 
appeal NMFS's decision through the existing appeal process at Sec.  
660.25(g). NMFS estimates the time burden associated with preparing and 
submitting an appeal to be approximately 4 hours per entity, with a 
cost of $3.00 for copies and postage. Vessel owners would be able to 
make modifications to their VMPs during the year by submitting a 
request and amended VMP to NMFS. These requests would be made 
electronically via email and, therefore, would not be expected to have 
a cost burden associated with them. NMFS estimates the time burden 
associated with this requirement from preparing and

[[Page 61169]]

submitting the request to be 0.5 hours per request per entity.
    Vessel owners would be required to renew their EM authorization 
annually. This is necessary to ensure that the vessel owners' contact 
information, VMPs, and fishing plans remain up to date. Industry 
participants raised concerns with the time burden associated with 
having to complete the application process each year, as was proposed 
in an earlier draft of the regulations. To address these concerns, NMFS 
is proposing to instead provide vessel owners with pre-filled renewal 
forms and their current VMPs to review and certify as correct in a 
simplified renewal process. NMFS estimates a time burden of 
approximately 0.5 hours per entity to review and return the pre-filled 
package.
    Vessel operators would be required to complete and submit a logbook 
for each trip, with an estimated time burden of 10 minutes per 
submission. The logbooks are provided by NMFS and state agencies, so 
the cost of requirement mainly derives from postage at $0.46 per 
submission. To eliminate duplication, NMFS would allow vessel operators 
to submit a state logbook that contains all the required information. 
Vessel operators would also be required to submit the hard drive 
containing video data to NMFS (in 2017-2019) or the EM service provider 
(2020-beyond) using a method that provides a return receipt. This is 
necessary for NMFS and vessel operators to be able to track 
submissions. This requirement has an average cost of $15.00 per 
submission and a time burden of 10 min to retrieve and package the hard 
drive for mailing.
    EM service providers would be required to apply to receive a permit 
from NMFS to provide EM services in the fishery. EM service providers 
would be required to submit an application to NMFS that includes an 
application form, an EM Service Plan that describes how they plan to 
provide services to the fishery, and statements of prior experience and 
qualifications. If requested, the EM service provider may also be 
required to provide NMFS copies of contracts with vessel owners and 
standard operating procedures and manuals describing their operations 
in more detail. In an earlier draft of the regulations, NMFS proposed 
requirements very similar to those for observer service providers, with 
minimal requirements for the provider and NMFS training and certifying 
individual observers. However, at the November 2015 Council meeting EM 
service providers commented that different service providers may have 
different models and that this model is not appropriate for EM services 
providers. Some EM service providers may employ less highly trained 
analysts to initially review video and a biologist to verify species 
identification. Whereas another service provider may employ highly 
trained biologists to do it all. They recommended that the regulations 
provide more flexibility for different business models. This proposed 
rule contains an expanded application process, incorporating an EM 
Service Plan, to provide the flexibility that service providers seek. 
The addition of an EM Service Plan allows NMFS to consider different 
business models proposed by different providers as meeting the EM 
program requirements. However, this requires EM service providers 
prepare and submit a detailed service plan and other documents, in 
order to provide NMFS with sufficient information to evaluate them. 
NMFS estimates the time and cost burden associated with preparing and 
submitting the permit application to be 47 hours and $30 (for copies 
and postage). Most likely much of this information would be submitted 
electronically. If requested by NMFS, EM service providers would be 
required to provide NMFS two EM units and two copies of any software 
for EM data analysis for a minimum of 90 days for evaluation. Due to 
their use by NMFS, the value of the EM units may depreciate and the EM 
service providers may not be able to resell the EM units for their full 
value. NMFS estimates the EM providers would be able to recoup 50 
percent of the EM unit value at approximately $5,000 per unit. This 
results in a total cost associated with this requirement at $10,215 per 
provider (including $215 in materials and postage to send the equipment 
to NMFS).
    An EM service provider would be able to appeal a permit decision to 
NMFS following the procedures at Sec.  660.19. NMFS estimates the time 
and cost burden of preparing and submitting an appeal to be 4 hours and 
$5 per entity. EM service providers would be able to make modifications 
to their EM Service Plans during the year by submitting a request and 
amended EM Service Plan to NMFS via email (2 hours per submission). EM 
service providers would be required to renew their permits annually. At 
the April 2016 Council meeting, EM service providers requested a longer 
effective period to provide more stability for planning for future 
fishing years. Therefore, in this proposed rule NMFS is proposing an 
abbreviated renewal process in which NMFS would provide pre-filled 
renewal forms and the current EM Service Plan for the EM service 
provider to review and certify. This would reduce the time burden for 
EM service providers, while ensuring NMFS has up-to-date information. 
NMFS estimates the annual time and cost burden of the renewal to be 1 
hour and $5 per entity.
    In 2017-2019, EM service providers would be responsible for 
providing technical assistance and maintenance services to EM vessels. 
EM service providers would be required to provide technical support to 
vessels at sea, with an annual time burden of approximately 7 hours per 
entity. EM service providers and their employees would also be required 
to report instances of non-compliance by vessel owners and intimidation 
or harassment of EM technicians to NMFS. The estimated burden for 
reporting these events is 30 minutes per report (18 hours per entity 
per year). Employees of EM service providers may be debriefed by NMFS 
or OLE on technical or compliance issues with an estimated burden of 1 
hour per trip (350 hours per entity per year).
    Beginning in 2020, EM service providers would also be responsible 
for reviewing video from trips, preparing and submitting catch data and 
compliance reports to NMFS, and providing feedback to vessel operators 
on their catch handling, camera views, etc. NMFS would prepare burden 
estimates for these requirements for OMB approval and public comment 
through a Federal Register notice in 2019 or earlier.
    Public reporting burden for these requirements includes the time 
for reviewing instructions, searching existing data sources, gathering 
and maintaining the data needed, and completing and reviewing the 
collection of information.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian fisheries.

    Dated: August 26, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons stated in the preamble, NMFS proposes to amend 50 
CFR part 660 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.


[[Page 61170]]


0
2. In Sec.  660.13, revise paragraphs (d)(5)(ii) through (iv) to read 
as follows:


Sec.  660.13  Recordkeeping and reporting.

* * * * *
    (d) * * *
    (5) * * *
    (ii) The vessel operator must send a new declaration report, 
consistent with paragraph (d)(5)(iv) before leaving port on a trip in 
which a gear type and monitoring type, if applicable, that is different 
from the gear type and monitoring type most recently declared for the 
vessel will be used. A declaration report will be valid until another 
declaration report revising the existing gear and monitoring 
declaration is received by NMFS OLE.
    (iii) During the period of time that a vessel has a valid 
declaration report on file with NMFS OLE, it cannot fish with a gear 
and monitoring type other than a gear type and monitoring type declared 
by the vessel.
    (iv) Declaration reports will include: The vessel name and/or 
identification number, gear type, and monitoring type where applicable, 
(as defined in paragraph (d)(5)(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 nontrawl 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)(5)(iv)(A) of this 
section on any trip and may not declare nontrawl 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,
    (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,
    (5) Limited entry midwater trawl, Pacific whiting shorebased IFQ, 
observer,
    (6) Limited entry midwater trawl, Pacific whiting shorebased IFQ, 
electronic monitoring,
    (7) Limited entry midwater trawl, Pacific whiting catcher/processor 
sector,
    (8) Limited entry midwater trawl, Pacific whiting mothership sector 
(catcher vessel or mothership), observer,
    (9) Limited entry midwater trawl, Pacific whiting mothership sector 
(catcher vessel), electronic monitoring,
    (10) Limited entry bottom trawl, shorebased IFQ, not including 
demersal trawl,
    (11) Limited entry demersal trawl, shorebased IFQ,
    (12) Non-groundfish trawl gear for pink shrimp,
    (13) Non-groundfish trawl gear for ridgeback prawn,
    (14) Non-groundfish trawl gear for California halibut,
    (15) Non-groundfish trawl gear for sea cucumber,
    (16) Open access longline gear for groundfish,
    (17) Open access Pacific halibut longline gear,
    (18) Open access groundfish trap or pot gear,
    (19) Open access Dungeness crab trap or pot gear,
    (20) Open access prawn trap or pot gear,
    (21) Open access sheephead trap or pot gear,
    (22) Open access line gear for groundfish,
    (23) Open access HMS line gear,
    (24) Open access salmon troll gear,
    (25) Open access California Halibut line gear,
    (26) Open access Coastal Pelagic Species net gear,
    (27) Other gear,
    (28) Tribal trawl, or
    (29) Open access California gillnet complex gear.
* * * * *
0
3. In Sec.  660.19, revise paragraph (a) introductory text to read as 
follows:


Sec.  660.19  Appeals process for catch monitors, observers, and 
provider permits.

    (a) Allowed appeals. This section describes the procedure for 
appealing IADs described at Sec. Sec.  660.17(g), 660.18(d) and (f), 
660.140(h), 660.150(j), 660.160(g), 660.603(b)(3) for catch monitor 
decertification, observer decertification, provider permit expirations 
due to inactivity, and EM service provider permit denials. Any person 
whose interest is directly and adversely affected by an IAD may file a 
written appeal. For purposes of this section, such person will be 
referred to as the ``applicant.''
* * * * *
0
4. In Sec.  660.130, revise paragraphs (d)(2)(ii) and (d)(3)(ii) to 
read as follows:


Sec.  660.130  Trawl fishery--management measures.

* * * * *
    (d) * * *
    (2) * * *
    (ii) Catcher vessels. All catch must be sorted to the species 
groups specified in paragraph (d)(1) of this section for vessels with 
limited entry permits, except those engaged in maximized retention 
while declared into a Pacific whiting IFQ trip. The catch must not be 
discarded from the vessel and the vessel must not mix catch from hauls 
until the observer has sampled the catch, unless otherwise allowed 
under the EM Program requirements at Sec.  660.604 of subpart J. 
Prohibited species must be sorted according to the following species 
groups: Dungeness crab, Pacific halibut, Chinook salmon, other salmon. 
Non-groundfish species must be sorted as required by the state of 
landing.
    (3) * * *
    (ii) If sorting occurs on a catcher vessel in the MS Coop Program, 
the catch must not be discarded from the vessel and the vessel must not 
mix catch from hauls until the observer has sampled the catch, or 
unless otherwise allowed under the EM Program requirements at Sec.  
660.604 of subpart J.
* * * * *
0
5. In Sec.  660.140, revise paragraph (g)(1) introductory text and add 
paragraph (h)(1)(i)(A)(4) to read as follows:


Sec.  660.140  Shorebased IFQ Program.

* * * * *
    (g) * * *
    (1) General. Shorebased IFQ Program vessels may discard IFQ 
species/species groups, provided such discards are accounted for and 
deducted from QP in the vessel account. With the exception of vessels 
on a declared Pacific whiting IFQ trip and engaged in maximized 
retention, and vessels fishing under a valid EM Authorization in 
accordance with Sec.  660.604 of subpart J, prohibited and protected 
species must be discarded at sea; Pacific halibut must be discarded as 
soon as practicable and the discard mortality must be accounted for and 
deducted from IBQ pounds in the vessel account. Non-IFQ species and 
non-groundfish species may be discarded at sea, unless otherwise 
required by EM Program requirements at Sec.  660.604 of subpart J. The 
sorting of catch, the weighing and discarding of any IBQ and IFQ 
species, and the retention of IFQ species must be monitored by the 
observer.
* * * * *
    (h) * * *
    (1) * * *
    (i) * * *
    (A) * * *
    (4) Is exempt from the requirement to carry an observer if the 
vessel has a

[[Page 61171]]

valid EM Authorization and is fishing with EM under Sec.  660.604 of 
subpart J.
* * * * *
0
6. In Sec.  660.150, revise paragraphs (i) and (j)(1)(i)(B) to read as 
follows:


Sec.  660.150  Mothership (MS) Coop Program.

* * * * *
    (i) Retention requirements. Catcher vessels participating in the MS 
Coop Program may discard minor operational amounts of catch at sea if 
the observer or EMS has accounted for the discard (i.e., a maximized 
retention fishery).
    (j) * * *
    (1) * * *
    (i) * * *
    (A) * * *
    (B) Catcher vessels. Any vessel delivering catch to any MS vessel 
must carry one certified observer each day that the vessel is used to 
take groundfish, unless the catcher vessel has a valid EM Authorization 
and is fishing with EM under Sec.  660.604 of subpart J.
* * * * *
0
7. Add subpart J to read as follows:
Subpart J--West Coast Groundfish Electronic Monitoring Program.
Sec.
660.600 Applicability.
660.601 Definitions.
660.602 Prohibitions.
660.603 Electronic monitoring provider permits and responsibilities.
660.604 Vessel and first receiver responsibilities.
660.600 Applicability.

Subpart J--West Coast Groundfish Electronic Monitoring Program

    (a) General. This subpart contains requirements for vessels using 
EM in lieu of observers, as authorized under Sec.  660.140(h)(1)(i) 
(Shorebased IFQ Program) and Sec.  660.150(j)(1)(i) (MS Coop Program), 
and requirements for EM service providers. Vessel owners, operators, 
and managers are jointly and severally liable for a vessel's compliance 
with EM requirements under this subpart. This subpart also contains 
requirements for a first receiver receiving catch from a trip monitored 
by EM (see Sec.  660.604(u)). The table below provides references to 
the sections that contain vessel owner, operator, first receiver, and 
service provider responsibilities. Certain requirements for vessel 
owners and operators and EM service providers will be different in 2020 
and beyond.

------------------------------------------------------------------------
             West Coast groundfish  fishery                   Section
------------------------------------------------------------------------
(1) Limited entry trawl fishery.........................
  (i) Vessel owners.....................................  Sec.   660.604
  (ii) Vessel operators.................................  Sec.   660.604
  (iii) First receivers.................................  Sec.   660.604
  (iv) Service providers................................  Sec.   660.603
(2) [Reserved]..........................................
------------------------------------------------------------------------

    (b) EM program guidelines. NMFS will develop EM Program Guidelines, 
which will document best practices and other information that NMFS will 
use to evaluate proposed service and vessel monitoring plans submitted 
by EM service providers and vessel owners under this subpart. NMFS will 
develop the EM Program Guidelines in consultation with the Council and 
publish notice of their availability in the Federal Register. NMFS will 
maintain the EM Program Guidelines on its Web site and make them 
available to vessel owners and operators and EM service providers to 
assist in developing service plans and vessel monitoring plans that 
comply with the requirements of this subpart.


Sec.  660.601  Definitions.

    These definitions are specific to this subpart. General groundfish 
definitions are found at Sec.  660.11, subpart C, and trawl fishery 
definitions are found at Sec.  660.111, subpart D.
    Active sampling unit means the portion of the groundfish fleet in 
which an observer coverage plan is being applied.
    Discard control point means the location on the vessel designated 
by a vessel operator where allowable discarding may occur.
    Discard event means a single occurrence of discarding of fish or 
other species.
    Electronic Monitoring or EM consists of the use of an electronic 
monitoring system (EMS) to passively monitor fishing operations through 
observing or tracking.
    Electronic Monitoring Authorization means the official document 
provided by NMFS that allows a vessel with a limited entry trawl permit 
to use electronic monitoring under the provisions of this subpart.
    Electronic Monitoring System Certification Form means the official 
document provided by NMFS, signed by a representative of a NMFS-
permitted electronic monitoring service provider that attest that an EM 
system and associated equipment meets the performance standards defined 
at Sec.  660.604(j) of this subpart, as required by Sec.  
660.604(e)(3)(i).
    EM data processing means the review, interpretation, and analysis 
of EM data (i.e., video and sensor data).
    EM Program means the Electronic Monitoring Program of the West 
Coast Region, National Marine Fisheries Service.
    EM Program Manager means the Chief of the Permits and Monitoring 
Branch of the West Coast Region, National Marine Fisheries Service, or 
his designee.
    EM Service Plan means the document that describes in detail how the 
EM service provider will provide EM services to the fishery to 
successfully achieve the purpose of the EM Program.
    EM service provider means any person, including their employees or 
agents, that is granted a permit by NMFS to provide EM services as 
required under Sec.  660.603 and Sec.  660.604.
    Electronic Monitoring System or EMS means a data collection tool 
that uses a software operating system connected to an assortment of 
electronic components, including video recorders, to create a 
collection of data on vessel activities.
    EM technician means an employee of the EM service provider that 
provides support for EM systems and technical assistance to vessels and 
NMFS.
    EM trip means any fishing trip for which electronic monitoring is 
the declared monitoring type.
    Initial Administrative Determination (IAD) means a formal, written 
determination made by NMFS on an application or permit request that is 
subject to an appeal within NMFS.
    Non-trawl shorebased IFQ vessel means a vessel on a declared 
limited entry groundfish non-trawl, shorebased IFQ trip.
    Pacific whiting fishery refers to the Pacific whiting primary 
season fisheries described at Sec.  660.131. The Pacific whiting 
fishery is composed of vessels participating in the C/P Coop Program, 
the MS Coop Program, or the Pacific whiting IFQ fishery.
    Pacific whiting IFQ fishery is composed of vessels on Pacific 
whiting IFQ trips.
    Pacific whiting IFQ trip means a trip in which a vessel uses 
midwater groundfish trawl gear during the dates of the Pacific whiting 
primary season to target Pacific whiting, and Pacific whiting 
constitutes 50 percent or more of the catch by weight at landing as 
reported on the state landing receipt. Vessels on Pacific whiting IFQ 
trips must have a valid declaration for limited entry midwater trawl, 
Pacific whiting shorebased IFQ.
    Shorebased IFQ Program or Shorebased IFQ sector, refers to the 
fishery described at Sec.  660.140, subpart D, and includes all vessels 
on IFQ trips.
    Vessel Monitoring Plan (VMP) means the document that describes how 
fishing operations on the vessel will be

[[Page 61172]]

conducted and how the EM system and associated equipment will be 
configured to meet the performance standards and purpose of the EM 
Program.


Sec.  660.602  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter, it is unlawful for any person to:
    (a) Electronic monitoring program.--(1) Make a false statement on 
an application for issuance, renewal, or changes to an EM Authorization 
or NMFS-accepted VMP.
    (2) Fish for or land fish from a trip without electronic monitoring 
or observer coverage when a vessel is required to carry electronic 
monitoring or an observer under Sec. Sec.  660.140(h) or 660.150(j).
    (3) Fish for or land fish from a trip taken under electronic 
monitoring without a valid EM Authorization and NMFS-accepted vessel 
monitoring plan onboard, and a valid gear and monitoring declaration 
with NMFS OLE as required by Sec.  660.604(c)(1) and Sec.  660.604(m).
    (4) Fail to comply with a NMFS-accepted VMP.
    (5) Fail to notify the West Coast Groundfish Observer Program at 
least 48-hours prior to departing port of the vessel operator's intent 
to take a trip under EM, as required by Sec.  660.604(n).
    (6) Fail to conduct a pre-departure test prior to departing port as 
required by Sec.  660.604(l)(2).
    (7) Fish on an EM trip without a fully functional EM system, unless 
authorized by a NMFS-accepted VMP as required by Sec.  660.604(l)(3).
    (8) Fail to make the EM system, associated equipment, logbooks and 
other records available for inspection immediately upon request by NMFS 
OLE personnel or other authorized officers, as required by Sec. Sec.  
660.604(o) and 660.604(t).
    (9) Discard species other than those allowed to be discarded as 
specified at Sec.  660.604(p).
    (10) Fail to handle fish and other marine organisms in a manner 
that enables the EM system to record it as required by Sec.  
660.604(r).
    (11) Fail to submit complete and accurate logbook(s) and hard 
drive(s) for each EM trip as specified at Sec.  660.604(s),
    (12) Tamper with, disconnect, damage, destroy, alter, or in any way 
distort, render useless, inoperative, ineffective, or inaccurate any 
component of the EM system or associated equipment.
    (13) Assault, resist, oppose, impede, intimidate, harass, sexually 
harass, bribe, or interfere with an EM service provider, EM field 
services staff, or EM data processing staff.
    (14) Interfere with or bias the sampling procedure employed by EM 
data processing staff including either mechanically or manually sorting 
or discarding catch outside of camera view or inconsistent with the 
NMFS-accepted VMP.
    (15) Fail to meet the vessel owner or operator responsibilities 
specified in section 660.604.
    (16) Fail to meet the first receiver responsibilities specified at 
Sec.  660.604(u).
    (17) Fail to meet the EM service provider responsibilities 
specified in section 660.603.
    (18) Fish when a vessel is required to carry an observer under 
subpart J of this part if:
    (i) The vessel is inadequate for observer deployment as specified 
at Sec.  600.746 of this chapter;
    (ii) The vessel does not maintain safe conditions for an observer 
as specified at Sec.  660.604(n);
    (iii) NMFS, the observer provider, or the observer determines the 
vessel is inadequate or unsafe pursuant to vessel responsibilities to 
maintain safe conditions as specified at Sec.  660.604(n);
    (19) Fail to meet the vessel responsibilities and observer coverage 
requirements specified at Sec.  660.604(n).
    (b) [Reserved]


Sec.  660.603  Electronic monitoring provider permits and 
responsibilities.

    (a) General. This section contains requirements for EM service 
providers providing EM services to vessels operating in the Shorebased 
IFQ Program (Sec.  660.140) or the MS Coop Program (Sec.  660.150) and 
using EM under this subpart. A person must obtain a permit and 
endorsement as provided under Sec.  660.603(b) in order to be an EM 
service provider. An EM service provider must:
    (1) Operate under a NMFS-accepted EM Service Plan (see Sec.  
660.603(b)(3)(vii)).
    (2) Provide and manage EM systems, field services, and technical 
assistance as required under Sec.  660.603(k);
    (3) Provide technical and litigation support to NMFS or its agent 
(see Sec.  660.603(l)).
    (4) Provide technical support to fishing vessels 24-hours per day, 
seven days per week, and year-round as provided under Sec.  
660.603(k)(4);
    (5) Beginning on January 1, 2020, or earlier if notified by NMFS, 
provide EM data processing, reporting, and record retention services to 
vessels using EM (see Sec.  660.603(m)).
    (6) Comply with data integrity and security requirements, including 
requirements pertaining to hard drives containing EM data, (see Sec.  
660.603(n)).
    (b) Provider permits. To be an EM service provider, a person must 
obtain an EM service provider permit and endorsement by submitting an 
application to the NMFS West Coast Region Fisheries Permit Office. A 
person may meet some requirements of this section through a partnership 
or subcontract with another entity, in which case the application for 
an EM service provider permit must include information about the 
partnership. An applicant may submit an application at any time. If a 
new EM service provider, or an existing EM service provider seeking to 
deploy a new EMS or software version, submits an application by June 1, 
NMFS will issue a new permit by January 1 of the following calendar 
year. Applications submitted after June 1 will be processed as soon as 
practicable. NMFS will only process complete applications. Additional 
endorsements to provide observer or catch monitor services may be 
obtained under Sec.  660.18.
    (1) Contents of provider application. To be considered for an EM 
service provider permit and endorsement, the service provider must 
submit a complete application that includes the following information. 
The same information must be included for any partners or 
subcontractors if the applicant intends to satisfy any of the EM 
service provider requirements through a partnership or contractual 
relationship with another entity.
    (i) Certify that the applicant meets the following eligibility 
criteria:
    (A) The EM service provider and its employees do not have a 
conflict of interest as defined at Sec.  660.603(h), and,
    (B) The EM service provider is willing and able to comply with all 
applicable requirements of this section and to operate under a NMFS-
accepted EM Service Plan.
    (ii) Applicant's contact information.
    (iii) Legal name of applicant organization. If the applicant 
organization is United States business entity, include the state 
registration number.
    (iv) Description of the management, organizational structure, and 
ownership structure of the applicant's business, including 
identification by name and general function of all controlling 
management interests in the company, including but not limited to 
owners, board members, officers, authorized agents, and employees. List 
all office locations and their business mailing address, business 
phone, fax number, and email addresses. If the applicant is a 
corporation, the articles of incorporation must be provided. If the 
applicant is a partnership, the

[[Page 61173]]

partnership agreement must be provided.
    (v) A narrative statement describing prior relevant experience in 
providing EM services, technical support, or fishery data analysis 
services, including recruiting, hiring, training, deploying, and 
managing of individuals in marine work environments and of individuals 
working with fishery data, in the groundfish fishery or other fisheries 
of similar scale.
    (vi) A statement signed under penalty of perjury by an authorized 
agent of the applicant about each owner, or owners, board members, and 
officers if a corporation, authorized agents, and employees, regarding:
    (A) Conflict of interest as described in Sec.  660.603(h),
    (B) Criminal convictions,
    (C) Federal contracts they have had and the performance rating they 
received on each contract, and
    (D) Any previous history of decertification or permit sanction 
action while working as an observer, catch monitor, observer provider, 
catch monitor provider, or electronic monitoring provider.
    (vii) EM Service Plan. An EM Service Plan that describes in detail 
how the applicant will provide EM services to the fishery sufficient to 
provide NMFS with the best scientific information available 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). NMFS will 
develop EM Program Guidelines containing best practices and templates 
and make them available on NMFS's Web site to assist EM service 
providers in developing EM Service Plans (see Sec.  660.600(b)). The EM 
Service Plan must include descriptions of the following (using pictures 
and diagrams where appropriate):
    (A) Contact information for a primary point of contact for program 
operations inseason;
    (B) A plan for provision of services including communications, 
service locations, response timelines, and procedures for services, 
repairs, technical support, and other program services;
    (C) Procedures for hiring and training of competent program staff 
to carryout EM field services and data services, including procedures 
to maintain the skills of EM data processing staff in:
    (1) Use of data processing software;
    (2) Species identification;
    (3) Fate determination and metadata reporting requirements;
    (4) Data processing procedures;
    (5) Data tracking; and,
    (6) Reporting and data upload procedures.
    (D) Procedures for tracking hard drives throughout their use cycle, 
including procedures to ensure the integrity and security of hard 
drives in transit, and for removing confidential data from hard drives 
before returning them to the field;
    (E) Procedures for data processing, including tracking of EM 
datasets throughout their processing cycle and documenting any access 
and modifications;
    (F) Procedures for correction and resubmission of EM datasets that 
NMFS has determined are not sufficient, as described at Sec.  
660.603(m)(5), and to ensure that future datasets are sufficient for 
use by NMFS.
    (G) Policies on data access, handling, and release to maintain the 
confidentiality of the EM Program data;
    (H) Procedures for archiving of EM datasets and raw video, sensor 
and GPS data, etc., after reports have been submitted to NMFS;
    (I) Identifying characteristics of the EMS to be deployed and the 
video review software to be used in the fishery, including but not 
limited to: Manufacturer, brand name, model name, model number, 
software version and date, firmware version number and date, hardware 
version number and date, monitor/terminal number and date, pressure 
sensor model number and date, drum rotation sensor model number and 
date, and GPS model number and date.
    (J) EM system and software specifications, including a narrative 
statement describing how the EM system and associated equipment meets 
the performance standards at Sec.  660.604(j).
    (K) EM video review software specifications, including a narrative 
statement describing how the software is 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).
    (viii) Provide NMFS the following, if requested:
    (A) Two EM system units loaded with software for a minimum of 90 
calendar days for testing and evaluation.
    (B) Thorough documentation for the EM system, including: User 
manuals, any necessary interfacing software, performance 
specifications, technical support information, and tamperproof or 
tamper evident features.
    (C) The results of at-sea trials of the EM system.
    (D) Two copies of video review and analysis software for a minimum 
of 90 calendar days for testing and evaluation.
    (E) Thorough documentation for the video review and analysis 
software, including: User manuals, performance specifications, and 
technical support information.
    (F) Descriptions of database models and analysis procedures for 
program and fishery data to produce required reports.
    (2) Application evaluation. NMFS may request additional information 
or revisions from the applicant until NMFS is satisfied that the 
application is complete. Complete applications will be forwarded to the 
EM Program for review and evaluation by the EM provider permit review 
board. If the applicant is an entity, the review board also will 
evaluate the application criteria for each owner, board member, 
officer, authorized agent, and employee. NMFS will evaluate the 
application based on the EM Program Guidelines (see Sec.  660.600(b)) 
and the following criteria:
    (i) The applicant's relevant experience and qualifications;
    (ii) Review of any conflict of interest as described in Sec.  
660.603(h);
    (iii) Review of any criminal convictions;
    (iv) Review of the proposed EM Service Plan, including evaluation 
of EM equipment and software;
    (v) Satisfactory performance ratings on any federal contracts held 
by the applicant;
    (vi) Review of any history of decertification or permit sanction as 
an observer, catch monitor, observer provider, catch monitor provider, 
or EM service provider; and,
    (vii) Review of any performance history as an EM service provider.
    (3) Agency determination on an application. Based on a complete 
application, if NMFS determines that the applicant has met the 
requirements of this section, NMFS will issue an initial administrative 
determination (IAD). If the application is approved, the IAD will serve 
as the EM service provider's permit and endorsement. If the application 
is denied, the IAD will provide an explanation of the denial in 
writing. The applicant may appeal NMFS's determination following the 
process at Sec.  660.19.
    (4) Effective dates. The provider permit is valid from the 
effective date until occurrence of any one or more of the following:
    (i) The EM service provider changes ownership;
    (ii) December 31 of that year if the EM service provider fails to 
submit a

[[Page 61174]]

complete renewal form for the following year; or,
    (iii) NMFS notifies the EM service provider that its permit is 
invalid. NMFS may invalidate an EM service provider permit if NMFS 
determines that the EM service provider no longer meets the eligibility 
criteria defined at paragraph (b)(1)(i). NMFS will first notify the EM 
service provider of the deficiencies in writing and the EM service 
provider must correct the deficiencies following the instructions 
provided. If the deficiencies are not resolved upon review of the first 
trip following the notification, NMFS will notify the EM service 
provider in writing that the provider permit is invalid and that the EM 
service provider is no longer eligible to provide EM services to the 
fishery for the remainder of that calendar year. The EM service 
provider may reapply for an EM service provider permit and endorsement 
for the following calendar year.
    (c) Changes to a NMFS-accepted EM Service Plan. An EM service 
provider may make changes to a NMFS-accepted EM Service Plan by 
submitting a revised plan or plan addendum to NMFS in writing. NMFS 
will review and accept the change if it meets all the requirements of 
this section. A plan addendum must contain:
    (1) The date and the name and signature of an authorized agent of 
the EM service provider;
    (2) Address, telephone number, fax number and email address of the 
person submitting the addendum;
    (3) A complete description of the proposed EM Service Plan change.
    (d) Change of provider permit ownership and transfer restrictions. 
If an EM service provider changes ownership during the term of an EM 
service provider permit, the new owner must apply for a new provider 
permit.
    (e) Provider permit sanctions. Procedures governing sanctions of 
permits are found at subpart D of 15 CFR part 904.
    (f) Renewing a provider permit. NMFS will mail renewal forms to 
existing EM service providers each year on or about April 15. If an EM 
service provider submits the completed renewal form by June 1, the EM 
service provider's permit and endorsement will be automatically renewed 
for the following calendar year.
    (g) Fees. NMFS may charge a fee to cover administrative expenses 
related to issuance of permits including initial issuance, renewal, 
replacement, and appeals.
    (h) Limitations on conflict of interest for providers and 
employees.--(1) EM service providers and their employees must not have 
a direct financial interest, other than the provision of observer, 
catch monitor, EM, or other biological sampling services, in any 
federal or state managed fisheries, including but not limited to:
    (i) Any ownership, mortgage holder, or other secured interest in a 
vessel, first receiver, shorebased or floating stationary processor 
facility involved in the catching, taking, harvesting or processing of 
fish;
    (ii) Any business involved with selling supplies or services to any 
vessel, first receiver, shorebased or floating stationary processing 
facility; or
    (iii) Any business involved with purchasing raw or processed 
products from any vessel, first receiver, shorebased or floating 
stationary processing facilities.
    (2) EM service providers and their employees must not solicit or 
accept, directly or indirectly, any gratuity, gift, favor, 
entertainment, loan, employment, or anything of monetary value from any 
person who conducts fishing or fish processing activities that are 
regulated by NMFS, or who has interests that may be substantially 
affected by the performance or nonperformance of the official duties of 
the provider.
    (3) The EM service provider may not employ any person to handle 
hard drives or EM data from a vessel by which the person was previously 
employed in the last two years.
    (4) Provisions of contracts or agreements for remuneration of EM 
services under this section do not constitute a conflict of interest.
    (i) Insurance. The EM service provider must maintain adequate 
insurance (copies of which shall be provided to the vessel owner, 
operator, or vessel manager, when requested) to cover injury, 
liability, and accidental death to cover vessel owner, and the EM 
service provider and its employees, including the following:
    (1) Maritime Liability to cover ``seamen's'' claims under the 
Merchant Marine Act (Jones Act) and General Maritime Law ($1 million 
minimum).
    (2) Coverage under the U.S. Longshore and Harbor Workers' 
Compensation Act ($1 million minimum).
    (3) States Worker's Compensation as required.
    (4) Commercial General Liability.
    (j) Warranties. None of the provisions of this section are intended 
to preclude any state or federal statutes or regulations governing 
warranties.
    (k) Field and technical support services. The EM service provider 
must provide and manage EM systems, installation, maintenance and 
technical support, as described below, according to a NMFS-accepted EM 
Service Plan and such that the EM Program is sufficient to provide NMFS 
with the best scientific information available 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).
    (1) At the time of installation, the EM service provider must:
    (i) Install an EM system that meets the performance standards under 
Sec.  660.604(j);
    (ii) Ensure that the EM system is set up, wires run, system 
powered, and tested with the vessel in operation;
    (iii) Brief the vessel operator on system operation, maintenance, 
and procedures to follow for technical support or field service;
    (iv) Provide necessary information for the vessel operator to 
complete the VMP, such as images and diagrams of camera views and 
vessel layout, specific information about system settings, and 
designated discard control points; and,
    (v) Complete an EM System Certification Form for the vessel owner.
    (2) The EM service provider must communicate with vessel operators 
and NMFS to coordinate service needs, resolve specific program issues, 
and provide feedback on program operations.
    (3) The EM service provider must provide maintenance and support 
services, including maintaining an EM equipment inventory, such that 
all deployed EM systems perform according to the performance standards 
at Sec.  660.604(j) and that field service events are scheduled and 
carried out with minimal delays or disruptions to fishing activities.
    (4) The EM service provider must provide technical assistance to 
vessels, upon request, in EM system operation, the diagnosis of the 
cause of malfunctions, and assistance in resolving any malfunctions. 
Technical support must be available 24-hours per day, seven days per 
week, and year-round.
    (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.
    (l) Program and technical support for NMFS. The EM service provider 
must provide the following to NMFS or its agent, upon request, free of 
charge unless otherwise specified by contract.
    (1) Assistance in EM system operation, diagnosing and resolving 
technical issues, and recovering corrupted or lost data.

[[Page 61175]]

    (2) Support for inquiries related to data summaries, analyses, 
reports, and operational issues with vessel representatives
    (3) Litigation support to NMFS if the EM system/data is being 
admitted as evidence in a court of law. All technical aspects of a 
NMFS-approved EM system are subject to being admitted as evidence in a 
court of law, if needed. The reliability of all technologies utilized 
in the EM system may be analyzed in court for, inter alia, testing 
procedures, error rates, peer review, technical processes and general 
industry acceptance. The EM service provider must, as a requirement of 
the provider's permit, provide technical and expert support for 
litigation to substantiate the EM system capabilities or other relevant 
information to investigate or establish potential violations of this 
chapter or other applicable law, as needed, including:
    (i) If the technologies have previously been subject to such 
scrutiny in a court of law, the EM service provider must provide NMFS 
with a brief summary of the litigation and any court findings on the 
reliability of the technology.
    (ii) Sign a non-disclosure agreement limiting the release of 
certain information that might compromise the effectiveness of the EM 
system operations.
    (4) Supply all software necessary for accessing, viewing, and 
interpreting the data generated by the EM system, including maintenance 
releases to correct errors in the software or enhance the functionality 
of the software.
    (5) Notify NMFS within 24 hours after the EM service provider 
becomes aware of the following:
    (i) Any information regarding possible harassment of EM provider 
staff;
    (ii) Any information regarding possible EM system tampering;
    (iii) Any information regarding any action prohibited under 
Sec. Sec.  660.12(f) or 660.602(a)(13); and,
    (iv) Any information, allegations or reports regarding EM service 
provider staff conflicts of interest.
    (6) Notify NMFS of any change of management or contact information 
or a change to insurance coverage.
    (7) If requested, provide NMFS with the following:
    (i) A copy of any contract between the service provider and 
entities requiring EM services;
    (ii) Proof of adequate insurance as defined in paragraph (i);
    (iii) Copies of any information developed and used by the EM 
service provider and distributed to vessels, including, but not limited 
to, informational pamphlets, payment notifications, and description of 
EM service provider duties; and,
    (iv) Access to and submit to NMFS raw EM imagery, sensor, GPS, or 
other data, processed data, copies of EM data, meta data, and other 
associated records.
    (m) Data services. Beginning on January 1, 2020, or earlier if 
notified by NMFS in the Federal Register with six months prior notice, 
the EM service provider must provide and manage data processing, 
reporting, and record retention services, as described below, according 
to a NMFS-approved EM Service Plan and such that the EM Program is 
sufficient to provide NMFS with the best scientific information 
available 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).
    (1) The EM service provider must process sensor and image datasets, 
interpret, and analyze EM data sets from EM trips. The EM provider must 
review EM data according to a prescribed coverage level or sampling 
scheme, as specified by NMFS, and determine an estimate of discards for 
each trip using standardized estimation methods specified by NMFS. NMFS 
will maintain manuals for EM data processing protocols on its Web site.
    (2) The EM service provider must ensure that data processing staff 
are fully trained in:
    (i) Use of data processing software;
    (ii) Species identification;
    (iii) Fate determination and metadata reporting requirements;
    (iv) Data processing procedures;
    (v) Data tracking; and,
    (vi) Reporting and data upload procedures.
    (3) The EM service provider must track hard drives and EM datasets 
throughout their cycles, including documenting any access and 
modifications. EM hard drives must be erased to remove confidential 
data 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. The EM service 
provider must provide feedback to vessel representatives, field 
services staff, and NMFS regarding:
    (i) Adjustments to system settings;
    (ii) Changes to camera positions;
    (iii) Advice to vessel personnel on duty of care responsibilities;
    (iv) Advice to vessel personnel on catch handling practices; and,
    (v) Any other information that would improve the quality and 
effectiveness of data collection on the vessel.
    (5) The EM service provider must submit to NMFS processed EM 
datasets and summaries, including discard estimates, fishing activity 
information, and meta data (e.g., image quality, reviewer name), and 
incident reports of compliance issues as instructed by NMFS. EM 
datasets and reports must be sufficient to provide NMFS with the best 
scientific information avaialble 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). If NMFS determines that the information is not 
sufficient, NMFS may require the EM service provider to correct and 
resubmit the reports.
    (6) Retention of records. Following an EM trip, the EM service 
provider must maintain all 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, for a period of not less 
than three years after the date of landing for that trip. EM 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 records immediately upon request by the EM 
Program Manager or an authorized officer.
    (n) Data integrity and security. The EM service provider must 
ensure the integrity and security of EM data and other records 
specified in this section.
    (1) The EM service provider must not handle or transport hard 
drives containing EM data except to carry out EM services required by 
this section in accordance with a NMFS-accepted EM Service Plan.
    (2) The EM service provider must not write to or modify any EM hard 
drive that contains raw EM data before it has been copied and 
catalogued.
    (3) Consistent with the Magnuson-Stevens Act, an EM service 
provider and its employees must not disclose data and observations made 
on board a vessel to any person except the owner or operator of the 
observed vessel, an authorized state or an OLE agent or officer, NMFS 
or its designated agent.


Sec.  660.604  Vessel and first receiver responsibilities.

    (a) General. This section lays out the requirements for catcher 
vessels to obtain an exemption to use electronic monitoring (EM) in 
place of 100-percent observer coverage required by the Shorebased IFQ 
Program

[[Page 61176]]

(Sec.  660.140(h)(1)(i)) and MS Coop Program (Sec.  
660.150(j)(1)(i)(B)). Requirements are also described for first 
receivers receiving landings from EM trips.
    (b) Vessel Owner Responsibilities. To use EM under this section, 
vessel owners must:
    (1) Obtain an EM Authorization from the NMFS West Coast Region 
Fisheries Permit Office (see Sec.  660.604(e));
    (2) Install an EM system using a NMFS-permitted EM service provider 
that meets performance standards under Sec.  660.604(j);
    (3) Have a signed EM system certification form (see Sec.  
660.604(e)(3)(i));
    (4) Have a NMFS-accepted vessel monitoring plan (see Sec.  
660.604(e)(3)(iii));
    (5) Ensure that the vessel operator attends a mandatory EM 
orientation session provided by the NMFS West Coast Region EM Program 
(NMFS may waive this requirement on a case-by-case basis, such as when 
the vessel operator has prior EM experience);
    (6) Maintain logbooks and other records for three years and provide 
them to NMFS or authorized officers for inspection (see Sec.  
660.604(t)).
    (7) Beginning January 1, 2020, or earlier if notified by NMFS, 
obtain EM data processing and recordkeeping services from a NMFS-
permitted EM service provider (see Sec.  660.604(k)).
    (c) Vessel Operator Responsibilities. To use EM under this section, 
vessel operators must:
    (1) Maintain a valid EM Authorization and NMFS-accepted vessel 
monitoring plan onboard the vessel at all times that the vessel is 
fishing on an EM trip or when fish harvested during an EM trip are 
onboard the vessel;
    (2) Ensure that the EM system is installed, operated, and 
maintained consistent with performance standards (see Sec.  
660.604(l));
    (3) Comply with a NMFS-accepted vessel monitoring plan (see Sec.  
660.604(e)(3)(iii));
    (4) Make declaration reports to OLE prior to leaving port (see 
Sec.  660.604(m));
    (5) Provide advance notice to the Observer Program at least 48 
hours prior to departing port (see Sec.  660.604(n));
    (6) Comply with observer requirements, if NMFS notifies the vessel 
owner, operator, or manager that the vessel is required to carry an 
observer (see Sec.  660.604(n));
    (7) Ensure retention and handling of all catch as provided under 
Sec. Sec.  660.604(p) and 660.604(r);
    (8) Comply with recordkeeping, reporting and inspection 
requirements (see Sec. Sec.  660.604(o), (s) and (t)); and,
    (d) First receiver responsibilities. First receivers receiving 
catch from trips taken under EM must follow special disposition and 
sorting requirements for prohibited and protected species (see Sec.  
660.604(u)).
    (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, then a final 
application that includes an EM system certification and a vessel 
monitoring plan (VMP). NMFS will only review complete applications. A 
vessel owner may submit an application at any time. Vessel owners that 
want to have their Authorizations effective for January 1 of the 
following calendar year must submit their complete application to NMFS 
by October 1. Vessel owners that want to have their Authorizations 
effective for May 15 must submit their complete application to NMFS by 
February 15 of the same year. Vessel owners that participated in the 
2015 or 2016 EM Exempted Fishing Permit project may submit a completed 
renewal form to receive an EM Authorization for 2017, following the 
process at Sec.  660.604(i).
    (1) Initial application. To be considered for an EM Authorization, 
the vessel owner must submit a completed application form provided by 
NMFS, signed and dated by an authorized representative of the vessel, 
and meet the following eligibility criteria:
    (i) The applicant owns the vessel proposed to be used;
    (ii) The vessel has a valid Pacific Coast Groundfish limited entry, 
trawl-endorsed permit registered to it;
    (iii) If participating in the mothership sector, the vessel has a 
valid MS/CV endorsement;
    (iv) The vessel is participating in the Pacific whiting IFQ 
fishery, mothership sector, or the Shorebased IFQ sector using 
groundfish non-trawl gear;
    (v) 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;
    (vi) 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 vessel monitoring plan.
    (2) Review of initial application. Based on a complete initial 
application, if NMFS determines that the applicant meets the 
eligibility criteria in paragraph (e)(1) of this section, NMFS will 
notify the applicant in writing that the initial application has been 
accepted for further consideration. An applicant who receives such 
notice may install an EM system on his or her vessel and proceed with 
submission of a final application as provided under paragraph (e)(3). 
If an initial application has not been accepted, NMFS will provide the 
applicant an explanation of the denial in writing. The applicant may 
appeal NMFS's determination following the process at Sec.  660.25(g).
    (3) Final application. A final application must be complete and 
must include:
    (i) EM system certification. A certification form, provided by 
NMFS, signed by a representative of a NMFS-permitted EM service 
provider that attests that an EM system and associated equipment that 
meets the performance standards at paragraph (k) was installed on the 
vessel, that the system was tested while the vessel was underway, and 
that the vessel operator was briefed on the EM system operation and 
maintenance. NMFS will maintain a list of permitted EM service 
providers on its Web site.
    (ii) Tentative fishing plan. 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. This information is for purposes of 
planning observer deployments and is not binding.
    (iii) Vessel monitoring plan. A complete vessel monitoring plan for 
the vessel that accurately describes how fishing operations on the 
vessel will be conducted and how the EM system and associated equipment 
will be configured to meet the performance standards at paragraph (k). 
NMFS will develop EM Program Guidelines containing best practices and 
templates and make them available on NMFS's Web site to assist vessel 
owners in developing VMPs (see Sec.  660.600(b)). An EM service 
provider may prepare and submit a VMP on behalf of the applicant. The 
VMP must include descriptions of the following (using pictures and 
diagrams where appropriate):
    (A) General vessel information including the vessel name, hull 
number, gear type(s), home port, captain name, and target fishery or 
sector;
    (B) The coordinates of the home port box, if a geo-referenced port 
box will be used to trigger data collection;
    (C) A diagram of the vessel layout with measurements of the deck 
and denoting the location of any designated discard control points;
    (D) The number and location of cameras and with images of 
corresponding views;
    (E) The location of lighting, control center, GPS, sensors, 
monitor, and other EM equipment;

[[Page 61177]]

    (F) Frame rates, image resolution, frequency of data logging, 
sensor trigger threshold values, and other EM system specifications;
    (G) The location and procedures for any catch handling, including 
designated discard control points within camera view, procedures for 
sorting and measuring discards, the number of crew sorting catch, and 
what steps will be taken to ensure that all catch remains in camera 
view;
    (H) The measurements of all bins, baskets and compartments that 
will be used to calculate volumetric estimates of weight;
    (I) The detailed steps that will be taken to minimize the potential 
for EM system malfunctions and the steps will be taken, when 
malfunctions occur, to ensure the adequate monitoring of catch;
    (J) The name, address, phone number, and email address of a primary 
point of contact for vessel operations;
    (K) The name, address, and phone number of the vessel's EM service 
provider, and contact information for a primary point of contact at the 
EM service provider;
    (L) The name, address, phone number, and signature of the 
applicant, and the date of the application; and,
    (M) Any other information required by the EM Program Manager.
    (iv) Any updates to information submitted in the initial 
application, including updates to proposed, self-enforcing agreements, 
if applicable (see paragraph (e)(5)).
    (4) Review of final application. NMFS may request additional 
information or revisions from the applicant until NMFS is satisfied 
that the application is complete. Based on a complete application, if 
NMFS determines that the applicant has met the requirements of this 
section, NMFS will issue an IAD and an EM Authorization. If the 
application is denied, the IAD will provide an explanation of the 
denial in writing. The applicant may appeal NMFS's determination 
following the process at Sec.  660.25(g). NMFS will evaluate an 
application based on the EM Program Guidelines (see Sec.  660.600(b)) 
and the following criteria, at a minimum:
    (i) Review of the vessel owner's and operator's eligibility based 
on the eligibility criteria at paragraph (e)(1);
    (ii) Review of the proposed vessel monitoring plan; and,
    (iii) Review of the proposed self-enforcing agreement, if 
applicable.
    (5) Self-enforcing agreement. In the future, through a proposed and 
final rulemaking, NMFS may allow for and provide requirements related 
to the use of voluntary self-enforcing agreements. This agreement would 
allow a group of eligible vessels to encourage compliance with the 
requirements of this section through private, contractual arrangements. 
If such arrangements are used, participating vessel owners must submit 
the proposed agreement to NMFS for review and acceptance as part of the 
application process as provided under paragraphs (e)(1) and (3). 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.
    (f) Changes to a NMFS-accepted VMP. A vessel owner may make changes 
to a NMFS-accepted VMP by submitting a revised plan or plan addendum to 
NMFS in writing. NMFS will review and accept the change if it meets all 
the requirements of this section. A vessel monitoring plan addendum 
must contain:
    (1) The date and the name and signature of the vessel owner;
    (2) Address, telephone number, fax number and email address of the 
person submitting the addendum;
    (3) A complete description of the proposed VMP change.
    (g) Change in ownership of a vessel. If a vessel changed ownership, 
the new owner must apply for a new EM Authorization.
    (h) Effective dates. The EM Authorization is valid from the 
effective date until occurrence of one or more of the following:
    (1) December 31 if the vessel owner fails to submit a complete 
renewal form for the following year;
    (2) The vessel changes ownership; or,
    (3) NMFS notifies the vessel owner that its EM Authorization is 
invalid. NMFS may invalidate an EM Authorization if NMFS determines 
that the vessel, vessel owner, and/or operator no longer meets the 
eligibility criteria specified at paragraph (e)(1). NMFS would first 
notify the vessel owner of the deficiencies in writing and the vessel 
owner must correct the deficiencies following the instructions 
provided. If the deficiencies are not resolved upon review of the first 
trip following the notification, NMFS will notify the vessel owner in 
writing that the EM Authorization is invalid and that the vessel is 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. The holder may 
reapply for an EM Authorization for the following authorization period.
    (i) Renewing an EM Authorization. NMFS will mail EM Authorization 
renewal forms to existing EM Authorization holders each year on or 
about: September 1 for non-trawl shorebased IFQ vessels and January 1 
for Pacific whiting IFQ and MS/CV vessels. If vessel owners submit 
completed renewal forms by October 15 for non-trawl shorebased IFQ 
vessels and February 15 for Pacific whiting IFQ and MS/CV vessels, 
their EM Authorization will be automatically renewed for the following 
authorization period.
    (j) EM System Performance Standards. The specifications (e.g., 
image resolution, frame rate, user interface) and configuration of an 
EM system and associated equipment (e.g., number and placement of 
cameras, lighting) used to meet the requirements of this section must 
be sufficient to:
    (1) Allow easy and complete viewing, identification, and 
quantification, of catch items discarded at sea, including during low 
light conditions;
    (2) Continuously record vessel location (latitude/longitude 
coordinates), velocity, course, and sensor data (i.e, hydraulic and 
winch activity);
    (3) Allow the identification of the time, date, and location of a 
haul/set or discard event;
    (4) Record and store image data from all hauls/sets and the 
duration that fish are onboard the vessel until offloading begins;
    (5) Continuously record and store raw sensor data (i.e., GPS and 
gear sensors) for the entire fishing trip;
    (6) Prevent radio frequency interference (RFI) with vessel 
monitoring systems (VMS) and other equipment;
    (7) Allow the vessel operator to test and monitor the functionality 
of the EM system prior to and during the fishing trip to ensure it is 
fully functional;
    (8) Prevent tampering or, if tampering does occur, show evidence of 
tampering; and,
    (9) Provide image and sensor data in a format that enables their 
integration for analysis.
    (k) EM data services. Beginning January 1, 2020, or earlier if 
notified by NMFS in the Federal Register with six months prior notice, 
a vessel owner with a valid EM Authorization must obtain EM data 
processing, reporting, and record retention services from a NMFS-
permitted EM service provider, as described at Sec.  660.603(m). If the 
vessel owner changes EM service providers, the vessel owner must ensure 
the continuity of EM data retention for the entire duration of the 
required retention period as specified Sec.  660.603(m)(6). NMFS will 
maintain a

[[Page 61178]]

list of permitted EM service providers on its Web site.
    (l) EM system operation and maintenance. The EM system must be 
recording imagery and sensor data at all times that fish harvested 
during an EM trip are onboard the vessel until offloading begins. For 
the purposes of this section, a fully functional EM system is defined 
as an EM system and associated equipment that meets the performance 
standards listed in paragraph (k).
    (1) Duties of care. The operator of a vessel with a valid EM 
Authorization must maintain the EM system in good working order, 
including:
    (i) Ensuring the EM system is powered continuously during the 
fishing trip;
    (ii) Ensuring the system is functioning for the entire fishing trip 
and that camera views are unobstructed and clear in quality, such that 
the performance standards listed in paragraph (j) are met; and,
    (iii) Ensuring EM system components are not tampered with, 
disabled, destroyed, operated or maintained improperly.
    (2) Pre-departure test. Prior to departing port, the operator of a 
vessel with a valid EM Authorization must turn the EM system on and 
conduct a system function test following the instructions from the EM 
service provider. The vessel operator must verify that the EM system 
has adequate memory to record the entire trip and that the vessel is 
carrying one or more spare hard drives with sufficient capacity to 
record the entire trip.
    (3) EM system malfunctions. The operator of a vessel with a valid 
EM Authorization is prohibited from fishing on an EM trip without a 
fully functional EM system, unless an alternate arrangement has been 
specified in the NMFS-accepted VMP. In the event of an EM system 
malfunction, the vessel operator may voluntarily obtain observer 
coverage and revise the vessel's declaration following the process at 
Sec.  660.13(d)(5), in which case the vessel operator is no longer 
exempt from the observer requirements at Sec. Sec.  660.140(h) and 
660.150(j).
    (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)(5). A 
declaration report will be valid until another declaration report 
revising the existing gear or monitoring declaration is received by 
NMFS OLE. A vessel operator declaring a limited entry midwater trawl, 
Pacific whiting shorebased IFQ trip or limited entry midwater trawl, 
Pacific whiting mothership sector (catcher vessel or mothership) trip 
may only revise the existing monitoring declaration twice during the 
same calendar year. NMFS may waive this limitation with prior notice if 
it is determined to be unnecessary for purposes of planning observer 
deployments. Additional revisions may be made if the EM system has 
malfunctioned and the vessel operator has chosen to carry an observer, 
as allowed under paragraph (m)(3); or subsequently, the EM system has 
been repaired; and upon expiration or invalidation of the vessel's EM 
Authorization.
    (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 and gear type to be used. 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.
    (1) Notice of departure basic rule. At least 24 hours (but not more 
than 36 hours) before departing on a fishing trip, a vessel operator 
that has been notified by NMFS that his vessel is required to carry an 
observer, or that is operating in an active sampling unit, must notify 
NMFS (or its designated agent) of the vessel's intended time of 
departure. Notice will be given in a form to be specified by NMFS.
    (2) Optional notice--weather delays. A vessel operator that 
anticipates a delayed departure due to weather or sea conditions may 
advise NMFS of the anticipated delay when providing the basic notice 
described in paragraph (n)(1) of this section. If departure is delayed 
beyond 36 hours from the time the original notice is given, the vessel 
operator must provide an additional notice of departure not less than 4 
hours prior to departure, in order to enable NMFS to place an observer.
    (3) Optional notice--back-to-back fishing trips. A vessel operator 
that intends to make back-to-back fishing trips (i.e., trips with less 
than 24 hours between offloading from one trip and beginning another), 
may provide a notice of departure as described in paragraph (n)(1) for 
both trips, prior to making the first trip. A vessel operator that has 
given such notice is not required to give additional notice of the 
second trip.
    (4) Cease fishing report. Within 24 hours of ceasing the taking and 
retaining of groundfish, vessel owners, operators, or managers must 
notify NMFS or its designated agent that fishing has ceased. This 
requirement applies to any vessel that is required to carry an 
observer, or that is operating in a segment of the fleet that NMFS has 
identified as an active sampling unit.
    (5) Waiver. The West Coast Regional Administrator may provide 
written notification to the vessel owner stating that a determination 
has been made to temporarily waive coverage requirements because of 
circumstances that are deemed to be beyond the vessel's control.
    (6) Accommodations and food.--(i) Accommodations and food for trips 
less than 24 hours must be equivalent to those provided for the crew.
    (ii) Accommodations and food for trips of 24 hours or more must be 
equivalent to those provided for the crew and must include berthing 
space, a space that is intended to be used for sleeping and is provided 
with installed bunks and mattresses. A mattress or futon on the floor 
or a cot is not acceptable if a regular bunk is provided to any crew 
member, unless other arrangements are approved in advance by the 
Regional Administrator or designee.
    (7) Safe conditions.--(i) The vessel operator must maintain safe 
conditions on the vessel for the protection of observers including 
adherence to all U.S. Coast Guard and other applicable rules, 
regulations, statutes, and guidelines pertaining to safe operation of 
the vessel, including, but not limited to rules of the road, vessel 
stability, emergency drills, emergency equipment, vessel maintenance, 
vessel general condition and port bar crossings, and provisions at 
Sec. Sec.  600.725 and 600.746 of this chapter. An observer may refuse 
boarding or reboarding a vessel and may request a vessel to return to 
port if operated in an unsafe manner or if unsafe conditions are 
identified.
    (ii) The vessel operator must have on board a valid Commercial 
Fishing Vessel Safety Decal that certifies compliance with regulations 
found in 33 CFR chapter I and 46 CFR chapter I, a certificate of 
compliance issued

[[Page 61179]]

pursuant to 46 CFR 28.710 or a valid certificate of inspection pursuant 
to 46 U.S.C. 3311.
    (8) Observer communications. The vessel operator must facilitate 
observer communications by:
    (i) Allowing observer(s) to use the vessel's communication 
equipment and personnel, on request, for the entry, transmission, and 
receipt of work related messages, at no cost to the observer(s) or the 
U.S. or designated agent; and
    (ii) Ensuring that the vessel's communications equipment, used by 
observers to enter and transmit data, is fully functional and 
operational.
    (9) Vessel position. The vessel operator must allow observer(s) 
access to the vessel's navigation equipment and personnel, on request, 
to determine the vessel's position.
    (10) Access. The vessel operator must allow observer(s) free and 
unobstructed access to the vessel's bridge, trawl or working deck, 
holding bins, sorting areas, cargo hold, and any other space that may 
be used to hold, process, weigh, or store fish at any time.
    (11) Prior notification. The vessel operator must notify 
observer(s) at least 15 minutes before fish are brought on board, or 
fish and fish products are transferred from the vessel, to allow 
sampling the catch or observing the transfer.
    (12) Records. The vessel operator must allow observer(s) to inspect 
and copy any state or federal logbook maintained voluntarily or as 
required by regulation.
    (13) Assistance. The vessel operator must provide all other 
reasonable assistance to enable observer(s) to carry out their duties, 
including, but not limited to:
    (i) Measuring decks, codends, and holding bins.
    (ii) Providing a designated safe working area on deck for the 
observer(s) to collect, sort and store catch samples.
    (iii) Collecting samples of catch.
    (iv) Collecting and carrying baskets of fish.
    (v) Allowing the observer(s) to collect biological data and 
samples.
    (vi) Providing adequate space for storage of biological samples.
    (vii) Providing time between hauls to sample and record all catch.
    (viii) Sorting retained and discarded catch into quota pound 
groupings.
    (ix) Stowing all catch from a haul before the next haul is brought 
aboard.
    (14) Sampling station. To allow the observer to carry out the 
required duties, the vessel operator must provide an observer sampling 
station that meets the following requirements so that the observer can 
carry out required duties.
    (i) The observer sampling station must be available to the observer 
at all times.
    (ii) The observer sampling station must be located within 4 m of 
the location from which the observer samples unsorted catch. 
Unobstructed passage must be provided between the observer sampling 
station and the location where the observer collects sample catch. To 
the extent possible, the area should be free and clear of hazards 
including, but not limited to, moving fishing gear, stored fishing 
gear, inclement weather conditions, and open hatches.
    (15) Transfers at sea. Observers may be transferred at-sea between 
a MS vessel and a catcher vessel. Transfers at-sea between catcher 
vessels is prohibited. For transfers, both vessels must:
    (i) Ensure that transfers of observers at sea via small boat under 
its own power are carried out during daylight hours, under safe 
conditions, and with the agreement of observers involved.
    (ii) Notify observers at least 3 hours before observers are 
transferred, such that the observers can finish any sampling work, 
collect personal belongings, equipment, and scientific samples.
    (iii) Provide a safe pilot ladder and conduct the transfer to 
ensure the safety of observers during transfers.
    (iv) Provide an experienced crew member to assist observers in the 
small boat in which any transfer is made.
    (16) Housing on vessel in port. During all periods an observer is 
housed on a vessel, the vessel operator must ensure that at least one 
crew member is aboard.
    (o) Inspection. The operator of a vessel with a valid EM 
Authorization must make the EM system and associated equipment 
available for inspection immediately upon request by NMFS OLE 
personnel, USCG personnel, state enforcement personnel, or any 
authorized officer.
    (p) Retention requirements.--(1) Pacific whiting IFQ and MS/CV 
vessels. The operator of a vessel on a declared limited entry midwater 
trawl, Pacific whiting shorebased IFQ trip or limited entry midwater 
trawl, Pacific whiting mothership sector (catcher vessel or mothership) 
trip, EM trip must retain all fish until landing, with exceptions 
listed below.
    (i) Minor operational discards are permitted. Minor operational 
discards include mutilated fish; fish vented from an overfull codend, 
fish spilled from the codend during preparation for transfer to the 
mothership; 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, and seabirds, and fish species longer than 6 ft (1.8 m) in 
length) may be discarded.
    (iii) Crabs, starfish, coral, sponges, and other invertebrates may 
be discarded.
    (iv) Trash, mud, rocks, and other inorganic debris may be 
discarded.
    (iv) 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.
    (2) Non-trawl shorebased IFQ. A vessel operator on a declared 
limited entry groundfish non-trawl, shorebased IFQ trip must retain all 
IFQ species (as defined at Sec.  660.140(c)), salmon, and non-IFQ 
rockfish, flatfish, and roundfish, with exceptions listed below. The 
operator of a non-trawl shorebased IFQ vessel must discard Pacific 
halibut, Dungeness crab caught seaward of Washington or Oregon, green 
sturgeon, eulachon, seabirds, sea turtles, and marine mammals.
    (i) Mutilated and depredated fish may be discarded.
    (ii) Crabs, starfish, coral, sponges, and other invertebrates may 
be discarded.
    (iii) Trash, mud, rocks, and other inorganic debris may be 
discarded.
    (iv) 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.
    (q) Changes to retention requirements. Retention requirements for 
non-trawl shorebased IFQ vessels have been designated as ``routine,'' 
which means that they can be changed after a single Council meeting 
following the procedures described at Sec.  660.60(c).
    (r) Catch handling. The vessel operator of a vessel on an EM trip 
must ensure that all catch is handled in a manner that enables the EM 
system to record it and that is consistent with the specific catch 
handling instructions in the NMFS-accepted VMP.
    (s) Reporting requirements.--(1) Discard logbook. The operator of a 
vessel with a valid EM Authorization must complete, submit, and 
maintain onboard the vessel an accurate federal discard logbook for 
each EM trip on forms supplied by or approved by NMFS. If authorized in 
writing by the NMFS, a vessel owner or operator may submit reports 
electronically, for example by using a VMS or other media. A state 
logbook that contains all the required information may be submitted

[[Page 61180]]

in place of a federal discard logbook. If operating an MS/CV vessel, 
the vessel operator must provide logbook information to the mothership 
observer by transmitting the logbook information via radio or email to 
the mothership at the completion of each haul.
    (2) Submission of logbooks. Vessel operators must submit copies of 
the federal discard logbook and state retained logbook to NMFS or its 
agent within 24-hours of the end of each EM trip.
    (3) Submission of hard drives. Vessel operators must submit hard 
drives to NMFS or its agent using a method that requires a signature 
for delivery and provides a return receipt or delivery notification to 
the sender. Beginning January 1, 2020, or earlier if announced by NMFS 
in the Federal Register with six months prior notice, a vessel operator 
must submit hard drives to the vessel owner's contracted EM service 
provider. Deadlines for submission are as follows:
    (i) Pacific whiting IFQ vessels. Hard drives containing data from 
an EM trip must be postmarked within 10 calendar days of the end of 
that EM trip.
    (ii) Mothership catcher vessels. Hard drives containing data from 
an EM trip must be postmarked within 24-hours of the catcher vessel's 
return to port.
    (iii) Non-trawl shorebased IFQ vessels. Hard drives containing data 
from an EM trip must be postmarked within 10 calendar days of the end 
of that EM trip.
    (t) Retention of records. The operator of a vessel with a valid EM 
Authorization must maintain federal discard logbooks onboard the vessel 
until the end of the fishing year during which the EM trips were 
conducted, and make the report forms available to observers, NMFS 
staff, or authorized officers, immediately upon request. The vessel 
owner must maintain the federal discard logbooks 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, for 
a period of not less than three years after the date of landing from an 
EM trip. The vessel owner must make such records available for 
inspection by NMFS staff or authorized officers, immediately upon 
request.
    (u) First receiver requirements. (1) Prohibited species handling 
and disposition. To ensure compliance with fishery regulations at 50 
CFR part 300, subparts E and F, and part 600, subpart H; with the 
Pacific Salmon Fishery Management Plan; and with the Pacific Halibut 
Catch Share Plan; the handling and disposition of all prohibited 
species in EM trip landings are the responsibility of the first 
receiver and must be consistent with the following requirements:
    (i) Any prohibited species landed at first receivers must not be 
transferred, processed, or mixed with another landing until the catch 
monitor has: Recorded the number and weight of salmon by species; 
inspected all prohibited species for tags or marks; and, collected 
biological data, specimens, and genetic samples.
    (ii) No part of any prohibited species may be retained for personal 
use by a vessel owner or crew member, or by a first receiver or 
processing crew member. No part of any prohibited species may be 
allowed to reach commercial markets.
    (iii) Prohibited species suitable for human consumption at landing 
must be handled and stored to preserve the quality. Priority in 
disposition must be given to the donation to surplus food collection 
and distribution system operated and established to assist in bringing 
donated food to nonprofit charitable organizations and individuals for 
the purpose of reducing hunger and meeting nutritional needs.
    (iv) The first receiver must report all prohibited species landings 
on the electronic fish ticket and is responsible for maintaining 
records verifying the disposition of prohibited species. Records on 
catch disposition may include, but are not limited to: Receipts from 
charitable organizations that include the organization's name and 
amount of catch donated; cargo manifests setting forth the origin, 
weight, and destination of all prohibited species; or disposal receipts 
identifying the recipient organization and amount disposed. Any such 
records must be maintained for a period not less than three years after 
the date of disposal and such records must be provided to NMFS OLE 
immediately upon request.
    (2) Protected Species handling and disposition. All protected 
species must be abandoned to NMFS or the US Fish and Wildlife Service 
or disposed of consistent with paragraphs (u)(2)(i) and (ii) of this 
section. No part of any protected species may be retained for personal 
use by a vessel owner or crew member, or by a first receiver or 
processing crew member. No part of any protected species may be allowed 
to reach commercial markets.
    (i) Eulachon and green sturgeon. Must be sorted and reported by 
species on electronic fish tickets and state landing receipts and may 
not be reported in unspecified categories. Whole body specimens of 
green sturgeon must be retained, frozen, stored separately by delivery, 
and labeled with the vessel name, electronic fish ticket number, and 
date of landing. Arrangements for transferring the specimens must be 
made by contacting NMFS Southwest Fisheries Science Center at 831-420-
3903 within 72 hours after the completion of the offload.
    (ii) Seabirds, marine mammals, and sea turtles. Albatross must 
reported to the U.S. Fish and Wildlife Service 541-867-4558 extension 
237 or 503-231-6179) as soon as possible and directions for 
surrendering must be followed. Marine mammals and sea turtles must be 
reported to NMFS as soon as possible (206-526-6550) and directions for 
surrendering or disposal must be followed. Whole body specimens must 
labeled with the vessel name, electronic fish ticket number, and date 
of landing. Whole body specimens must be kept frozen or on ice until 
arrangements for surrendering or disposing are completed. Unless 
directed otherwise, after reporting is completed, seabirds, marine 
mammals, and sea turtles may be disposed by incinerating, rendering, 
composting, or returning the carcasses to sea.

[FR Doc. 2016-21058 Filed 9-2-16; 8:45 am]
 BILLING CODE 3510-22-P