[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Proposed Rules]
[Pages 13302-13304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04716]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-BG54


Fisheries of the Exclusive Economic Zone Off Alaska; Integrating 
Electronic Monitoring Into the North Pacific Observer Program

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

ACTION: Notice of availability of fishery management plan amendments; 
request for comments; notice of public hearing.

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SUMMARY: The North Pacific Fishery Management Council submitted 
Amendment 114 to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area and Amendment 104 to 
the Fishery Management Plan for Groundfish of the Gulf of Alaska 
(collectively referred to as the FMPs) to the Secretary of Commerce 
(Secretary) for review. If approved, Amendments 114/104 would integrate 
electronic monitoring into the North Pacific Observer Program. This 
action is necessary to improve the collection of data necessary for the 
conservation, management, and scientific understanding of managed 
fisheries. Amendments 114/104 are intended to promote the goals and 
objectives of the Magnuson-Stevens Fishery Conservation and Management 
Act, the FMPs, and other applicable laws.

DATES: Comments must be received no later than May 9, 2017.
    Per section 313 of the Magnuson-Stevens Act, NMFS will conduct 
public hearings to accept oral and written comments on the proposed 
rule in Oregon, Washington, and Alaska during the public comment 
period.
    The first public hearing will be held in conjunction with the April 
meeting of the North Pacific Fishery Management Council on April 6, 
2017, 6 p.m. to 8 p.m., Alaska local time, at the Hilton Hotel, 500 W 
3rd Ave., Anchorage, AK 99501.
    The second public hearing will be on April 18, 2017, 10 a.m. to 12 
p.m., Pacific daylight time, at the International Pacific Halibut 
Commission office, 2320 West Commodore Way, Suite 300, Seattle, WA 
98199.
    The third public hearing will be held on April 19, 2017, 1 p.m. to 
3 p.m., Pacific daylight time, at the Hatfield

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Marine Science Center, Lavern Weber Room, 2030 SE Marine Science Drive, 
Newport, OR 97365.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2016-0154, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0154, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    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), 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).
    Electronic copies of Amendments 114 and 104 and the Draft 
Environmental Assessment/Regulatory Impact Review prepared for this 
action (collectively the ``Analysis'') may be obtained from 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Gretchen Harrington or Jennifer 
Watson, 907-586-7228.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires that each regional 
fishery management council submit any fishery management plan amendment 
it prepares to NMFS for review and approval, disapproval, or partial 
approval by the Secretary of Commerce. The Magnuson-Stevens Act also 
requires that NMFS, upon receiving a fishery management plan amendment, 
immediately publish a notice in the Federal Register announcing that 
the amendment is available for public review and comment. This notice 
announces that proposed Amendments 114/104 to the FMPs are available 
for public review and comment.
    NMFS manages the groundfish fisheries in the exclusive economic 
zone under the FMPs. The North Pacific Fishery Management Council 
(Council) prepared the FMPs under the authority of the Magnuson-Stevens 
Act, 16 U.S.C. 1801 et seq. Regulations governing U.S. fisheries and 
implementing the FMP appear at 50 CFR parts 600 and 679.
    Amendments 114/104 to the FMPs would amend the Council's fisheries 
research plan prepared under the authority of section 313 of the 
Magnuson-Stevens Act. NMFS published regulations implementing the plan 
on November 21, 2012 (77 FR 70062). The Council's fisheries research 
plan is implemented through the North Pacific Observer Program 
(Observer Program) and its purpose is to collect data necessary for the 
conservation, management, and scientific understanding of the 
groundfish and halibut fisheries off Alaska.
    In December 2016, the Council adopted Amendments 114/104 to 
integrate electronic monitoring (EM) into the Observer Program. The 
Observer Program is an integral component in the management of North 
Pacific fisheries. The Observer Program provides the regulatory 
framework for NMFS-certified observers (observers) to be deployed 
onboard vessels to obtain information necessary for the conservation 
and management of the groundfish fisheries, and, although not managed 
under the FMPs, the halibut fisheries. The information collected by 
observers contributes to the best available scientific information used 
to manage the fisheries in furtherance of the purposes and national 
standards of the Magnuson-Stevens Act. Observers collect biological 
samples and information on total catch, including bycatch, and 
interactions with protected species. Managers use data collected by 
observers to manage groundfish catch and bycatch limits established in 
regulation and to document fishery interactions with protected 
resources. Managers also use data collected by observers to inform the 
development of management measures that minimize bycatch and reduce 
fishery interactions with protected resources. Scientists use observer-
collected data for stock assessments and marine ecosystem research.
    In 2013, the Council and NMFS restructured the Observer Program to 
address longstanding concerns about statistical bias of observer-
collected data and cost inequality among fishery participants with the 
funding and deployment structure under the previous Observer Program 
(77 FR 70062, November 21, 2012). The restructured Observer Program 
established two observer coverage categories: Partial and full. All 
groundfish and halibut vessels and processors are included in one of 
these two categories. The partial coverage category includes fishing 
sectors (vessels and processors) that are not required to have an 
observer at all times. The partial coverage category includes catcher 
vessels, shoreside processors, and stationary floating processors when 
they are not participating in a catch share program with a 
transferrable prohibited species catch limit. Small catcher/processors 
that meet certain criteria are also in the partial coverage category. 
Proposed Amendments 114/104 are designed to integrate EM in the partial 
coverage category and would not change provisions in the FMP that apply 
to the full coverage category.
    NMFS contracts with an observer provider and determines when and 
where observers are deployed, based on a scientific sampling design for 
the partial coverage category. The restructured Observer Program 
created a new observer funding system to fund observer deployment in 
the partial coverage category. Vessels and processors in the partial 
coverage category pay a fee equal to1.25 percent of the fishery ex-
vessel value.
    The restructured Observer Program includes vessel sectors (the 
halibut sector and the less than 60 ft. length overall (LOA) groundfish 
sector) that were not subject to any observer requirements under the 
previous program. Even before implementing the restructured Observer 
Program, many vessel owners and operators new to the Observer Program 
were opposed to carrying an observer (77 FR 70062, November 21, 2012). 
Vessel owners and operators explained that there is limited space on 
board for an additional person or limited space in the vessel's life 
raft. Some vessel owners, operators, and industry representatives 
advocated for the use of EM instead of having an observer on board 
their vessels. To address their concerns, the Council and NMFS have 
been actively engaged in developing EM as a tool to collect fishery 
data.
    In 2013, NMFS developed, and the Council adopted, the Strategic 
Plan for Electronic Monitoring and Electronic Reporting in the North 
Pacific to guide integration of monitoring technologies into North 
Pacific fisheries management and provide goals and benchmarks to 
evaluate attainment of goals (available on the Alaska Fisheries Science 
Center Web site at http://www.afsc.noaa.gov/Publications/AFSC-TM/NOAA-TM-AFSC-276.pdf).
    In 2014, the Council appointed an EM Workgroup to develop an EM 
program

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to integrate into the Observer Program. The EM Workgroup provides a 
forum for stakeholders, including the commercial fishery participants, 
NMFS, Alaska Department of Fish and Game, and EM service providers, to 
cooperatively and collaboratively design, test, and develop EM systems, 
and to identify key decision points related to operationalizing and 
integrating EM systems into the Observer Program in a strategic manner. 
Amendments 114/104 reflect the design and recommendations of the EM 
Workgroup. Additional information on the work of the EM Workgroup is 
provided in the Analysis (see ADDRESSES).
    The Council and NMFS developed EM for data collection for vessels 
that use nontrawl gear in the partial coverage category to address 
their desire for an alternative way to collect fisheries data in 
consideration of the operating requirements of these fisheries. 
Nontrawl gear fishery participants identified unique issues with 
carrying an observer. Vessel owners and operators explained that there 
is limited space onboard for an additional person or limited space in 
the vessel's life raft. EM has the potential to reduce economic and 
operational costs associated with deploying human observers throughout 
coastal Alaska. Through the use of EM, it may be possible to obtain at-
sea data from a broader cross-section of the nontrawl gear fleet at 
lower cost and increase flexibility to respond to the scientific and 
management needs of these fisheries.
    Proposed Amendments 114/104 would revise the FMPs to include 
provisions for the use of EM systems in the Executive Summary, Section 
3.2.4, Section 3.9, and Appendix A. Under proposed Amendments 114/104, 
owners or operators of vessels using nontrawl gear in the partial 
coverage category would be able to choose to use an EM system instead 
of carrying an observer. An EM system uses cameras, a video storage 
devise, and associated sensors to passively record and monitor fishing 
activities. The video is reviewed by an analyst onshore at a later time 
to collect catch and effort information.
    NMFS would contract with an EM service provider to install EM 
systems on vessels. NMFS would use a portion of the fee revenues to 
fund EM systems and EM deployment under proposed Amendments 114/104, as 
authorized by section 313 of the Magnuson-Stevens Act.
    The EM service provider would work with the vessel owner or 
operator to develop the vessel monitoring plan. The vessel monitoring 
plan would describe how fishing operations on the vessel would be 
conducted and how the EM system and associated equipment would be 
configured to meet the data collection objectives and purpose of the EM 
program. The proposed rule to implement proposed Amendments 114/104 
provides the details of the responsibilities of vessel owners or 
operators if they decide to participate in EM.
    Owners or operators of vessels using nontrawl gear could request to 
be in the EM selection pool. During the fishing year, NMFS would 
randomly select vessels in the EM selection pool to use an EM system on 
a fishing trip according to the sampling design in the annual 
deployment plan (ADP). The ADP would describe how NMFS plans to deploy 
observers on vessels in the partial coverage category in the upcoming 
year, to determine the criteria for the EM selection pool and to deploy 
EM on fishing trips in the upcoming year. NMFS uses the sampling design 
to generate unbiased estimates of total and retained catch, and catch 
composition in the groundfish and halibut fisheries. NMFS would make 
adjustments to the ADP each year after NMFS conducts a scientific 
evaluation of data collected by observers and EM systems to evaluate 
the impact of changes in observer and EM system deployment and identify 
areas where improvements are needed to collect the data necessary to 
conserve and manage the groundfish and halibut fisheries. The Council 
and its Scientific and Statistical Committee (SSC) review the ADP each 
October, receive public comments on the ADP, and make additional 
recommendations for improvements. NMFS finalizes the ADP in December 
and releases it prior to the start of the fishing year. NMFS posts the 
ADP on the NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov).
    Each year, NMFS would also evaluate in the Annual Report how well 
various aspects of the Observer Program and the EM deployment are 
achieving program goals, identify areas where improvements are needed, 
and make recommendations to modify the sampling design in the upcoming 
ADP. The SSC and Council review the Annual Report each June, and 
receive public comments on the Annual Report, and make additional 
recommendations for improvements. NMFS posts the Annual Report on the 
NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov).
    NMFS is soliciting public comments on proposed Amendments 114/104 
through the end of the comment period (see DATES). NMFS intends to 
publish in the Federal Register and seek public comment on a proposed 
rule that would implement Amendments 114/104, following NMFS' 
evaluation of the proposed rule under the Magnuson-Stevens Act. 
Magnuson-Stevens Act section 313 requires NMFS to provide a 60-day 
public comment period on the proposed rule and conduct a public hearing 
in each state represented on the Council for the purpose of receiving 
public comment on the proposed regulations. The states represented on 
the Council are Alaska, Oregon, and Washington. NMFS will conduct a 
public hearing in each of these states (see DATES).
    People wanting to make an oral statement for the record at the 
public hearing are encouraged to provide a written copy of their 
statement and present it to NMFS at the hearing. If attendance at the 
public hearing is large, the time allotted for individual oral 
statements may be limited. Oral and written statements receive equal 
consideration. There are no limits on the length of written comments 
submitted to NMFS.
    Respondents do not need to submit the same comments on Amendments 
114/104, the proposed rule, and at a public hearing. All relevant 
written and oral comments received by the end of the applicable comment 
period, whether specifically directed to the FMP amendments, this 
proposed rule, or both, will be considered by NMFS in the approval/
disapproval decision for Amendments 114/104 and addressed in the 
response to comments in the final decision. Comments received after end 
of the applicable comment period will not be considered in the 
approval/disapproval decision on Amendments 114/104. To be considered, 
comments must be received, not just postmarked or otherwise 
transmitted, by the last day of the comment period (see DATES).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 6, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-04716 Filed 3-9-17; 8:45 am]
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