[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)]
[Proposed Rules]
[Pages 47326-47327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20259]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

RIN 0648-BG91


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Industry-
Funded Monitoring

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

ACTION: Availability of proposed fishery management plan amendment; 
request for comments.

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SUMMARY: The New England Fishery Management Council submitted the New 
England Industry-Funded Monitoring Omnibus Amendment, incorporating the 
Environmental Assessment and the Initial Regulatory Flexibility 
Analysis, for review by the Secretary of Commerce. NMFS is requesting 
comments from the public on the proposed amendment, which was developed 
to allow for industry-funded monitoring in New England Council fishery 
management plans and implement industry-funded monitoring in the 
Atlantic herring fishery. This amendment would ensure consistency in 
industry-funded monitoring programs across New England fisheries and 
increase monitoring in the Atlantic herring fishery.

DATES: Public comments must be received on or before November 19, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0109, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal eRulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0109;
    2. Click the ``Comment Now!'' icon and complete the required 
fields; and
    3. Enter or attach your comments.
     Mail: Submit written comments to Michael Pentony, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on the Industry-Funded Monitoring Amendment.''
    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 us. 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. We will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Copies of the Industry-Funded Monitoring Omnibus Amendment, 
including the Environmental Assessment, the Regulatory Impact Review, 
and the Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared 
in support of this action are available from Thomas A. Nies, Executive 
Director, New England Fishery Management Council, 50 Water Street, Mill 
2, Newburyport, MA 01950. The supporting documents are also accessible 
via the internet at: http://www.nefmc.org.

FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy 
Analyst, phone: (978) 281-9272 or email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    In 2013, the Mid-Atlantic and New England Fishery Management 
Councils initiated a joint omnibus amendment to allow for industry-
funded monitoring in all of the fishery management plans (FMPs) that 
the Councils manage. The joint omnibus amendment was intended to 
standardize the process to develop and administer future industry-
funded monitoring programs for Council FMPs, and would have implemented 
industry-funded monitoring in the Atlantic herring and mackerel 
fisheries.
    On September 20, 2016 (81 FR 64426), NMFS announced the public 
comment period for the draft joint omnibus amendment. The 45-day public 
comment period extended from September 23 through November 7, 2016. 
During that time, NMFS and the Councils hosted five public hearings on 
the draft joint omnibus amendment. NMFS and the Councils held public 
hearings in Gloucester, Massachusetts; Portland, Maine; Cape May, New 
Jersey; Narragansett, Rhode Island; and via webinar.
    In April 2017, the New England Council finalized its selection of 
preferred alternatives and recommended that NMFS consider the joint 
omnibus amendment for approval and implementation, while the Mid-
Atlantic Council decided to postpone action on the joint omnibus 
amendment. Therefore, the joint omnibus amendment, initiated by both 
Councils to allow for industry-funded monitoring, has become the New 
England Industry-Funded Monitoring Omnibus Amendment and would only 
apply to FMPs managed by the New England Council. Accordingly, this 
amendment would only implement industry-funded monitoring in the 
Atlantic herring fishery. At its October 2018 meeting, the Mid-Atlantic 
Council is scheduled to re-consider whether it wants to continue 
developing industry-funded monitoring measures for its FMPs.

Proposed Measures

1. Omnibus Measures

    This amendment would standardize the development and administration 
of

[[Page 47327]]

future industry-funded monitoring programs in New England Council FMPs. 
The proposed omnibus measures include:
     Standard cost responsibilities associated with industry-
funded monitoring for NMFS and the fishing industry;
     A process to implement FMP-specific industry-funded 
monitoring via an amendment and revise via a framework adjustment;
     Standard administrative requirements for industry-funded 
observers/monitors and monitoring service providers;
     A process to prioritize industry-funded monitoring 
programs in order to allocate available Federal resources across all 
FMPs; and
     A process for monitoring set-aside programs to be 
implemented via a future framework adjustment.

2. Atlantic Herring Measures

    This amendment would implement industry-funded monitoring in the 
Atlantic herring fishery. The purpose of increased monitoring is to 
better understand the frequency of discarding in the herring fishery, 
as well as improve the tracking of the incidental catch of haddock and 
river herring/shad catch against their catch caps in the herring 
fishery. The proposed herring measures include:
     Implementing a 50-percent coverage target for industry-
funded at-sea monitoring on vessels issued All Areas (Category A) or 
Areas \2/3\ (Category B) Limited Access Herring Permits; and
     Allowing midwater trawl vessels to purchase observer 
coverage to access Groundfish Closed Areas.
    On April 19, 2018, the New England Council considered whether 
electronic monitoring in conjunction with portside sampling, would be 
an adequate substitute for at-sea monitoring coverage aboard midwater 
trawl vessels. The purpose of electronic monitoring would be to confirm 
catch retention and verify compliance with slippage restrictions, while 
the purpose of portside sampling would be to collect species 
composition data along with age and length information. Following 
discussion and public comment, the Council approved electronic 
monitoring and portside sampling as a monitoring option for midwater 
trawl vessels, but did not recommend requiring electronic monitoring 
and portside sampling as part of this action. Instead, the Council 
recommended NMFS use an exempted fishing permit (EFP) to further 
evaluate how to best permanently administer an electronic monitoring 
and portside sampling program. The EFP would exempt midwater vessels 
from the proposed requirement for industry-funded at-sea monitoring 
coverage and would allow midwater trawl vessels to use electronic 
monitoring and portside sampling coverage to comply with the Council-
recommended 50-percent industry-funded monitoring coverage target. An 
EFP would enable NMFS to further evaluate monitoring issues in the 
herring fishery that are of interest to the Council and herring 
industry and provide an opportunity to improve the electronic 
monitoring and portside program's efficacy and efficiency. The Council 
recommended reconsidering herring industry-funded monitoring 
requirements two years after implementation. Using the results of the 
EFP, the Council would consider establishing electronic monitoring and 
portside sampling program requirements into regulation via a framework 
adjustment at that time.

Public Comment Instructions

    Public comments on the Industry-Funded Monitoring Omnibus Amendment 
and its incorporated documents may be submitted through the end of the 
comment period stated in this notice of availability. A proposed rule 
to implement the Amendment, including draft regulatory text, will be 
published in the Federal Register for public comment. Public comments 
on the proposed rule must be received by the end of the comment period 
provided in this notice of availability to be considered in the 
approval/disapproval decision on the amendment. All comments received 
by November 19, 2018, whether specifically directed to Industry-Funded 
Monitoring Omnibus Amendment or the proposed rule for this amendment, 
will be considered in the approval/disapproval decision on the 
Industry-Funded Monitoring Omnibus Amendment. Comments received after 
that date will not be considered in the decision to approve or 
disapprove the Amendment. To be considered, comments must be received 
by close of business on the last day of the comment period.

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

    Dated: September 13, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-20259 Filed 9-18-18; 8:45 am]
 BILLING CODE 3510-22-P