[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67113-67118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23536]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 679

[Docket No. 160225146-6851-02]
RIN 0648-BF80


Fisheries of the Exclusive Economic Zone Off Alaska; Observer 
Coverage Requirements for Bering Sea and Aleutian Islands Management 
Area Trawl Catcher Vessels

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to modify observer coverage 
requirements for catcher vessels participating in the trawl limited 
access fisheries in the Bering Sea and Aleutian Islands management area 
(BSAI). This final rule allows the owner of a trawl catcher vessel to 
request, on an annual basis, that NMFS place the vessel in the full 
observer coverage category for all directed fishing for groundfish 
using trawl gear in the BSAI in the following calendar year. These 
regulations are necessary to relieve vessel owners who request full 
observer coverage of the reporting requirements and observer fee 
liability associated with the partial observer coverage category. 
Additionally, this final rule makes minor technical corrections to 
observer program regulations. This final rule is intended to promote 
the goals and objectives of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act), the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Management Area 
(BSAI FMP), and other applicable laws.

DATES: Effective October 31, 2016.

ADDRESSES: Electronic copies of the Regulatory Impact Review (RIR), the 
Initial Regulatory Flexibility Analysis (IRFA), and the Categorical 
Exclusion prepared for this action are available from 
www.regulations.gov (search NOAA-NMFS-2016-0020) or from the NMFS 
Alaska Region Web site at alaskafisheries.noaa.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule may be submitted by mail to NMFS Alaska Region, P.O. Box 21668, 
Juneau, AK

[[Page 67114]]

99802-1668, Attn: Ellen Sebastian, Records Officer; in person at NMFS 
Alaska Region, 709 West 9th Street, Room 420A, Juneau, AK; by email to 
[email protected]; or by fax to 202-395-5806.

FOR FURTHER INFORMATION CONTACT: Alicia M. Miller, 907-586-7228.

SUPPLEMENTARY INFORMATION: 

Background

    NMFS published a proposed rule to modify observer coverage 
requirements for catcher vessels participating in the trawl limited 
access fisheries in the BSAI on July 7, 2016 (81 FR 44251). The comment 
period on the proposed rule ended on August 8, 2016. Following is a 
brief description of the North Pacific Groundfish and Halibut Observer 
Program (Observer Program) and elements of the Observer Program 
impacted by this final rule. The preamble of the proposed rule (81 FR 
44251, July 7, 2016) provides a more detailed description of the 
Observer Program and this action.

The Observer Program

    Regulations implementing the Observer Program require observer 
coverage on fishing vessels and at processing plants to allow NMFS-
certified observers (observers) to obtain information necessary for the 
conservation and management of the BSAI and Gulf of Alaska groundfish 
and halibut fisheries. The Observer Program was implemented in 1990 (55 
FR 4839, February 12, 1990). In 2013, NMFS restructured the funding and 
deployment systems of the Observer Program (77 FR 70062, November 21, 
2012). Under the restructured Observer Program, all vessels and 
processors in the groundfish and halibut fisheries off Alaska are 
placed into one of two categories: (1) The full observer coverage 
category, where vessels and processors obtain observer coverage by 
contracting directly with observer providers; and (2) the partial 
observer coverage category, where NMFS has the flexibility to deploy 
observers when and where they are needed, as described in the annual 
deployment plan that is developed by NMFS in consultation with the 
North Pacific Fishery Management Council (Council). NMFS funds observer 
deployment in the partial observer coverage category by assessing a 
1.25 percent fee on the ex-vessel value of retained groundfish and 
halibut from vessels that are not in the full observer coverage 
category.
    Regulations implementing the restructured Observer Program in 2013 
placed all trawl catcher vessels in the full observer coverage category 
when participating in a catch share program with transferable 
prohibited species catch (PSC) limits. For trawl catcher vessels in the 
BSAI, the catch share programs with transferable PSC limits are the 
American Fisheries Act (AFA) pollock fisheries in the Bering Sea and 
the Western Alaska Community Development Quota (CDQ) groundfish 
fisheries. All other trawl catcher vessels subject to observer coverage 
requirements in the BSAI are in the partial observer coverage category 
when participating in the BSAI trawl limited access fisheries.
    Throughout this final rule, the trawl fisheries in the BSAI that 
are not part of a catch share program with transferable PSC limits are 
referred to collectively as ``the BSAI trawl limited access 
fisheries.'' Vessels participating in the BSAI trawl limited access 
fisheries primarily target Pacific cod or yellowfin sole. The BSAI 
trawl limited access fisheries are managed with halibut and crab PSC 
limits that apply to the directed fishery as a whole or to operational 
category and gear type. Section 3.5 in the RIR provides additional 
information about the BSAI trawl limited access fisheries, the Observer 
Program, and observer coverage categories.

Need for This Final Rule

    Since 2013, for reasons detailed in the proposed rule for this 
action (81 FR 44251, July 7, 2016), NMFS has implemented an interim 
policy that allows an owner of a BSAI trawl catcher vessel to request, 
on an annual basis, placement in the full observer coverage category by 
submitting a letter of request to NMFS. Under the interim policy, the 
owner of a trawl catcher vessel complies with full observer coverage 
requirements but is not placed in the full observer coverage category 
by regulation. Therefore, the owner must continue to comply with the 
partial observer coverage category reporting requirements and 
associated observer fee liability. This results in the vessel owner 
paying costs for partial and full observer coverage and additional 
reporting requirements for those vessel owners that have requested full 
observer coverage under the interim policy. This final rule replaces 
the interim policy and establishes in regulation a process for the 
owner of a trawl catcher vessel to request placement in the full 
observer coverage category.
    The major provisions of this final rule are summarized below. 
Additional detail about the rationale for the major provisions is found 
in the proposed rule for this action (81 FR 44251, July 7, 2016) and 
Sections 3.6 and 3.7 of the RIR.

1. Annual Request for Full Observer Coverage

    This final rule allows the owner of a trawl catcher vessel to 
annually request full observer coverage in lieu of partial observer 
coverage for directed fishing for groundfish using trawl gear in the 
BSAI in the following year. This final rule establishes a regulatory 
process to allow the owner of a trawl catcher vessel to submit a 
request for full observer coverage to NMFS. NMFS will then place the 
vessel in the full observer coverage category for all directed fishing 
for groundfish using trawl gear in the BSAI in the following year.
    This final rule does not restrict which trawl catcher vessel owners 
may request full observer coverage, allowing the owner of any trawl 
catcher vessel to request full observer coverage for all directed 
fishing for groundfish using trawl gear in the BSAI in the following 
year. This final rule does not alter existing observer coverage 
requirements for trawl catcher vessels delivering unsorted codends to a 
mothership in the BSAI.

2. Annual Deadline

    This final rule establishes an annual deadline of October 15 for a 
trawl catcher vessel owner to request placement in the full observer 
coverage category for the following year.

This Final Rule

    This final rule revises regulations at 50 CFR part 679 to establish 
a process to allow the owner of a trawl catcher vessel to request, on 
an annual basis, that NMFS place the vessel in the full observer 
coverage category for all directed fishing for groundfish using trawl 
gear in the BSAI in the following calendar year. This final rule adds a 
paragraph at Sec.  679.51(a)(2)(i)(C)(4) describing a new vessel type 
under the list of catcher vessels in the full observer coverage 
category to allow this annual request for placement in the full 
observer coverage category for one year. This final rule adds a new 
paragraph at Sec.  679.51(a)(4) to describe the requirements for this 
annual process.
    The owner of a trawl catcher vessel that requests full observer 
coverage in lieu of partial observer coverage for all directed fishing 
for groundfish in the BSAI trawl limited access fisheries in the 
following year will submit the request to NMFS using the Observer 
Declare and Deploy System (ODDS), which is described at Sec.  
679.51(a)(1)(ii). Once a request is received, NMFS will consider the 
request and will notify the

[[Page 67115]]

vessel owner whether the request is approved or denied. This 
notification will occur through ODDS. Once NMFS has notified the vessel 
owner that a request to be placed in the full observer coverage 
category for the following year is approved, the owner and operator of 
the trawl catcher vessel are subject to full observer coverage 
requirements as described at Sec.  679.51(a)(2) for all directed 
fishing for groundfish using trawl gear in the BSAI in the following 
year. Once approved by NMFS for placement in the full observer coverage 
category, a trawl catcher vessel cannot be placed in the partial 
observer coverage category until the next year. Until NMFS provides 
notification of approval, a catcher vessel remains in the partial 
observer coverage category as described at Sec.  679.51(a)(1)(i).
    The owner of a trawl catcher vessel placed in the full observer 
coverage category contracts directly with a permitted full coverage 
observer provider to procure observer services as described at Sec.  
679.51(d). The owner of a trawl catcher vessel in the full observer 
coverage category is not required to log fishing trips in ODDS under 
Sec.  679.51(a)(1), and landings made by a vessel in the full observer 
coverage category are not subject to the 1.25 percent partial observer 
coverage fee under Sec.  679.55.
    This final rule establishes an annual deadline of October 15 for a 
trawl catcher vessel owner to request that a trawl catcher vessel 
operating in the BSAI be placed in the full observer coverage category 
for the following year as described at Sec.  679.51(a)(4)(iii). NMFS 
will approve all requests that contain the information required by ODDS 
submitted on or before October 15. If NMFS denies a request to place a 
catcher vessel in the full observer coverage category, the catcher 
vessel will remain in the partial observer coverage category as 
described at Sec.  679.51(a)(1)(i).
    This final rule specifies at Sec.  679.51(a)(4)(v) that if NMFS 
denies a request for placement in the full observer coverage category, 
NMFS will issue an Initial Administrative Determination, which will 
explain in writing the reasons for the denial. Under Sec.  
679.51(a)(4)(vi), the vessel owner can appeal a denial to the National 
Appeals Office according to the procedures in 15 CFR part 906.
    This final rule makes minor technical corrections to Observer 
Program regulations, and corrects inaccurate cross references in Sec.  
679.84 and Sec.  679.93 to observer coverage requirements in Sec.  
679.51. This final rule also standardizes references to the observer 
sampling station and the Observer Sampling Manual throughout part 679, 
and updates check-in/check-out report submission methods by removing a 
discontinued email address in Sec.  679.5.

Comments and Responses

    During the comment period for the proposed rule, NMFS received two 
letters of comment from two individuals, each letter containing two 
substantive comments. NMFS' responses to these comments are presented 
below.
    Comment 1: Both commenters expressed support for this action, 
noting that the vessels they represent will be positively impacted by 
this action and that the proposed rule is consistent with changes 
requested by industry in 2012, as well as the recommendations made by 
the Council in February 2016.
    Response: NMFS acknowledges this comment.
    Comment 2: Both commenters support all provisions of the final rule 
as proposed, and request the action be implemented as soon as possible.
    Response: NMFS acknowledges this comment. To ensure this action is 
effective and allow at least 15 days for vessel owners to submit a full 
observer coverage request for the 2017 calendar year, an implementation 
year deadline has been added to this final rule as described in the 
following section.

Changes From the Proposed Rule

    This final rule includes changes to the regulatory text published 
in the proposed rule. These changes are necessary to define an initial 
implementation deadline for the 2017 calendar year and to make a minor 
editorial correction to existing regulatory text that was inadvertently 
altered in the proposed rule.

Initial Implementation Deadline for 2017

    The proposed rule for this action (81 FR 44251, July 7, 2016) 
proposed an annual deadline of October 15 for a trawl catcher vessel 
owner to request that a trawl catcher vessel operating in the BSAI be 
placed in the full observer coverage category for the following year. 
Because the effective date of this final rule is after October 15, 
2016, the deadline for the 2017 calendar year is 15 days after the 
effective date of this final rule. This deadline for 2017 is necessary 
to provide an adequate amount of time after publication of the final 
rule in the Federal Register for the owner of a trawl catcher vessel to 
submit a full observer coverage request to NMFS.

Other Changes

    NMFS corrects Sec.  679.51(a)(2)(i)(C)(2) by changing ``while'' to 
``when'' to be consistent with the terminology used in existing 
regulations.
    NMFS removed the cross reference correction in Sec.  679.21 from 
this final rule because the cross reference was corrected in the final 
rule to implement salmon bycatch management measures under Amendment 
110 to the BSAI FMP (81 FR 37534, June 10, 2016).

OMB Revisions to Paperwork Reduction Act References in 15 CFR 902.1(b)

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

Classification

    Pursuant to section 304(b)(1)(A) and 305(d) of the Magnuson-Stevens 
Act, the Administrator, Alaska Region, NMFS, determined that this final 
rule is necessary for the conservation and management of the BSAI trawl 
limited access fisheries and is consistent with the BSAI FMP, other 
provisions of the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a final regulatory flexibility 
analysis, the agency shall publish one or more guides to assist small 
entities in complying with the rule, and shall designate such 
publications as ``small entity compliance guides.'' The agency shall 
explain the actions a small entity is required to take to comply with a 
rule or group of rules. The preamble to the proposed rule (81 FR 44251, 
July 7, 2016) and the preamble to this final rule serve as the small 
entity compliance guide for this action. Copies of the proposed rule, 
this final rule, and additional information about how to comply with 
other requirements of the Observer Program are available on the

[[Page 67116]]

NMFS Alaska Region Web site (https://alaskafisheries.noaa.gov/fisheries/observer-program).

Final Regulatory Flexibility Analysis

    Section 604 of the Regulatory Flexibility Act (RFA) requires an 
agency to prepare a final regulatory flexibility analysis (FRFA) after 
being required by that section or any other law to publish a general 
notice of proposed rulemaking and when an agency promulgates a final 
rule under section 553 of Title 5 of the U.S. Code. The following 
paragraphs constitute the FRFA for this action. Section 604 describes 
the required contents of a FRFA: (1) A statement of the need for, and 
objectives of, the rule; (2) a statement of the significant issues 
raised by the public comments in response to the initial regulatory 
flexibility analysis, a statement of the assessment of the agency of 
such issues, and a statement of any changes made in the proposed rule 
as a result of such comments; (3) the response of the agency to any 
comments filed by the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) in response to the proposed rule, and a detailed 
statement of any change made to the proposed rule in the final rule as 
a result of the comments; (4) a description of and an estimate of the 
number of small entities to which the rule will apply or an explanation 
of why no such estimate is available; (5) a description of the 
projected reporting, recordkeeping and other compliance requirements of 
the rule, including an estimate of the classes of small entities which 
will be subject to the requirement and the type of professional skills 
necessary for preparation of the report or record; and (6) a 
description of the steps the agency has taken to minimize the 
significant economic impact on small entities consistent with the 
stated objectives of applicable statutes, including a statement of the 
factual, policy, and legal reasons for selecting the alternative 
adopted in the final rule and why each one of the other significant 
alternatives to the rule considered by the agency which affect the 
impact on small entities was rejected.
Need for and Objectives of This Rule
    A description of the need for, and objectives of, this rule is 
contained in the preamble to the proposed rule and this final rule and 
is not repeated here. This FRFA incorporates the Initial Regulatory 
Flexibility Analysis (IRFA) (see ADDRESSES) and the summary of the IRFA 
in the proposed rule (81 FR 44251, July 7, 2016).
Summary of Significant Issues Raised During Public Comment
    NMFS published a proposed rule to modify observer coverage 
requirements for catcher vessels participating in the BSAI trawl 
limited access fisheries on July 7, 2016 (81 FR 44251). An IRFA was 
prepared and summarized in the Classification section of the preamble 
to the proposed rule. The comment period on the proposed rule ended on 
August 8, 2016. NMFS received two letters of comment, each in support 
of the action as proposed. These comments letters did not address the 
IRFA. The commenters did request the rulemaking process be completed as 
soon as possible. The Chief Counsel for Advocacy of the SBA did not 
file any comments on the proposed rule.
Number and Description of Small Entities Directly Regulated by this 
Rule
    This final rule directly regulates the owners of trawl catcher 
vessels that participate in the BSAI trawl limited access fisheries. 
The SBA has established size standards for all major industry sectors 
in the United States. 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.
    This final rule provides the owners of BSAI trawl catcher vessels 
that currently are placed in the partial observer coverage category the 
opportunity for placement in the full observer coverage category. In 
2014, 100 catcher vessels used trawl gear in the BSAI. NMFS estimates 
that 13 of these trawl catcher vessels are directly regulated small 
entities. The owners of three of these catcher vessels requested to be 
placed in the full observer coverage category for all their BSAI trawl 
limited access fisheries during at least one year from 2013 through 
2015.
Reporting, Recordkeeping and Other Compliance Requirements
    This final rule includes one new reporting requirement and 
eliminates one reporting requirement for a vessel owner who requests 
placement of their vessel in the full observer coverage category for a 
year. Any trawl catcher vessel owner who requests placement of their 
trawl catcher vessel in the full observer coverage category will be 
required to submit a request to NMFS. This request is a new reporting 
requirement and only applies to those catcher vessel owners who request 
placement of their vessel in the full observer coverage category. The 
reporting requirement to log fishing trips in ODDS does not apply to 
vessels in the full observer coverage category; therefore, this final 
rule removes the reporting requirement for these directly regulated 
small entities to log fishing trips in ODDS.
Description of Significant Alternatives to This Rule That Minimize 
Economic Impacts on Small Entities
    The RFA requires identification of any significant alternatives to 
this rule that accomplish the stated objectives, consistent with 
applicable statutes, and that would minimize any significant economic 
impact of this rule on small entities. This final rule is expected to 
create a net benefit for the directly regulated small entities because 
it offers trawl catcher vessel owners an opportunity to change their 
observer coverage category. The benefits of this final rule to trawl 
catcher vessel owners are expected to outweigh the costs of paying for 
an observer to be on board the vessel during all groundfish fishing in 
the BSAI trawl limited access fisheries, and the cost of the annual 
request to NMFS. If the benefits to a catcher vessel owner do not 
outweigh the costs, a catcher vessel owner can choose not to request 
their vessel be placed in the full observer coverage category, and 
therefore, would not be impacted by this final rule.
    The Council considered the status quo (Alternative 1) and two 
action alternatives (Alternative 2 and Alternative 3). Alternative 3 
included one option and three suboptions. The preferred alternative 
(Alternative 3 with Suboption 3) described in this final rule provides 
the owners of BSAI trawl catcher vessels an option of requesting, on an 
annual basis, placement in the full observer coverage category rather 
than remaining in the partial observer coverage category. No new 
requirements are imposed under the preferred alternative unless the 
catcher vessel owner requests placement in the full observer coverage 
category. Of the action alternatives analyzed, the preferred 
alternative provides the most flexibility for the owner of a trawl 
catcher vessel to request full observer coverage in lieu of partial 
observer coverage.
    Alternative 1 (status quo) would have continued to offer catcher 
vessel owners

[[Page 67117]]

the option of carrying full observer coverage under the interim policy, 
but would not remove the requirement in regulations for continued 
payment of the partial observer coverage fee in addition to the cost of 
full observer coverage. Alternative 2 is more restrictive than the 
preferred alternative because it would have permanently placed AFA 
trawl catcher vessels in the full observer coverage category rather 
than offering the vessel owners an option to request full observer 
coverage on an annual basis. Alternative 3 Option 1 would have allowed 
only the owners of AFA trawl catcher vessels to request placement in 
the full observer coverage category, rather than providing the 
opportunity to the owners of all BSAI trawl catcher vessels. 
Alternative 3 Suboption 1 would have established an earlier deadline to 
submit the request for full observer coverage than under the preferred 
alternative. Directly regulated small entities opposed the earlier 
deadline because they wanted more time to make business decisions about 
observer coverage in the following year. Alternative 3 Suboption 2 
would have established a one-time request to be placed in the full 
observer coverage category rather than an annual request as under the 
preferred alternative. In summary, the preferred alternative of 
Alternative 3 with Suboption 3 (this final rule) offers the widest 
range of options to the widest range of directly regulated small 
entities, as compared to all other alternatives.

Collection-of-Information Requirements

    This final rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA) and which has been 
approved by the OMB under Control No. 0648-0731. The public reporting 
burden for Request for Full Observer Coverage Category is estimated to 
average 5 minutes per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Send comments on these burden estimates or any other aspects of the 
collection of information, including suggestions for reducing the 
burden, to NMFS (see ADDRESSES), by email to 
[email protected], or fax to (202) 395-5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number. All currently approved NOAA 
collections of information may be viewed at http://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: September 22, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

Title 15--Commerce and Foreign Trade

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

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

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


0
2. In Sec.  902.1, in the table in paragraph (b), under the entry ``50 
CFR'' revise entry for ``679.51'' to read as follows:


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

* * * * *
    (b) * * *

------------------------------------------------------------------------
    CFR part or section where the
  information collection requirement     Current OMB  control No. (all
              is located                   numbers begin  with 0648-)
------------------------------------------------------------------------
 
                                 * * * *
50 CFR:
 
                                 * * * *
679.51...............................  -0206, -0269, -0272, -0318, -
                                        0401, -0513, -0545, -0565, -
                                        0731.
 
                                 * * * *
------------------------------------------------------------------------

Title 50--Wildlife and Fisheries

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

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

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


0
4. In Sec.  679.51:
0
a. Revise paragraphs (a)(2)(i)(C)(2) and (3); and
0
b. Add paragraphs (a)(2)(i)(C)(4) and (a)(4).
    The revisions and additions read as follows:


Sec.  679.51  Observer requirements for vessels and plants.

* * * * *
    (a) * * *
    (2) * * *
    (i) * * *
    (C) * * *
    (2) Using trawl gear or hook-and-line gear when groundfish CDQ 
fishing (see Sec.  679.2), except for catcher vessels less than or 
equal to 46 ft LOA using hook-and-line gear when groundfish CDQ fishing 
under Sec.  679.32(c)(3)(iii);
    (3) Participating in the Rockfish Program; or
    (4) Using trawl gear in the BSAI if the vessel has been placed in 
the full observer coverage category under paragraph (a)(4) of this 
section.
* * * * *
    (4) BSAI trawl catcher vessel placement in the full observer 
coverage category for one year--(i) Applicability. The owner of a 
catcher vessel in the partial observer coverage category under 
paragraph (a)(1)(i) of this section may request to be placed in the 
full observer coverage category for all directed fishing for groundfish 
using trawl gear in the BSAI for a calendar year.
    (ii) How to request full observer coverage for one year. A trawl 
catcher vessel owner must complete a full observer coverage request and 
submit it to NMFS using ODDS. ODDS is described in paragraph (a)(1)(ii) 
of this section.
    (iii) Deadline. For 2017, a full observer coverage request must be 
submitted by November 15, 2016. For 2018 and every year after 2018, a 
full observer coverage request must be submitted by October 15 of the 
year prior to the calendar year in which the catcher vessel would be 
placed in the full observer coverage category.
    (iv) Notification. NMFS will notify the vessel owner through ODDS 
of approval or denial to place a trawl catcher vessel in the full 
observer coverage category. Unless otherwise specified in paragraph 
(a)(2) of this section, a trawl catcher vessel remains in the partial 
observer coverage category under paragraph (a)(1)(i) of this section 
until a request to place a trawl catcher vessel in the full observer 
coverage category has been approved by NMFS. Once placement in the full 
observer coverage category is approved by NMFS, a trawl catcher vessel 
cannot be placed in the partial

[[Page 67118]]

observer coverage category until the following year.
    (v) Initial Administrative Determination (IAD). If NMFS denies a 
request to place a trawl catcher vessel in the full observer coverage 
category, NMFS will provide an IAD, which will explain the basis for 
the denial.
    (vi) Appeal. If the owner of a trawl catcher vessel wishes to 
appeal NMFS' denial of a request to place a trawl catcher vessel in the 
full observer coverage category, the owner may appeal the determination 
under the appeals procedure set out at 15 CFR part 906.
* * * * *


Sec. Sec.  679.5, 679.28, 679.52, 679.53, 679.84, and 679.93  [Amended]

0
5. At each of the locations shown in the ``Location'' column, remove 
the phrase indicated in the ``Remove'' column and add in its place the 
phrase indicated in the ``Add'' column.

 
----------------------------------------------------------------------------------------------------------------
               Location                           Remove                                Add
----------------------------------------------------------------------------------------------------------------
Sec.   679.5(h)(1)....................  , or by e-mail to          .
                                         [email protected].
Sec.   679.28(d)(9)(ii)...............  Observer sample station..  Observer sampling station
Sec.   679.52(b)(1)(iii)(B)(2)........  Observer manual..........  Observer Sampling Manual
Sec.   679.52(b)(2)(i)................  Observer Manual..........  Observer Sampling Manual
Sec.   679.52(b)(11)(x)(A)(4).........  Observer manual..........  Observer Sampling Manual
Sec.   679.53(b)(2)(i)................  Observer Manual..........  Observer Sampling Manual
Sec.   679.84(c)(3)...................  Sec.   679.50(c)(7)(i)...  Sec.   679.51(a)(2)
Sec.   679.84(e)......................  Sec.   679.50(c)(7)(ii)..  Sec.   679.51(a)(2)
Sec.   679.84(f)(1)...................  Sec.   679.50(c)(7)(ii)..  Sec.   679.51(a)(2)
Sec.   679.84(f)(2)...................  Sec.   679.50(c)(7)(ii)..  Sec.   679.51(a)(2)
Sec.   679.93(c)(3)...................  Sec.   679.50(c)(6)......  Sec.   679.51(a)(2)
Sec.   679.93(c)(6)...................  observer sample station..  observer sampling station
Sec.   679.93(d)(2)...................  Sec.   679.50(c)(6)(ii)..  Sec.   679.51(a)(2)
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[FR Doc. 2016-23536 Filed 9-29-16; 8:45 am]
 BILLING CODE 3510-22-P