[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
[Rules and Regulations]
[Pages 32096-32098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14351]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 190214113-9522-01]
RIN 0648-BI74
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Trawl Logbook
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Interim final rule, request for comments.
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SUMMARY: This interim final rule creates a Federal requirement for
vessels using trawl gear in the Pacific Coast Groundfish fishery to
complete and submit the trawl logbook form. Historically, the states of
Washington, Oregon, and California each administered state logbook form
requirements. However, the California Fish and Game Commission repealed
its trawl logbook reporting requirement, effective July 1, 2019. In
order to not lose data reporting coverage from vessels in California,
NMFS is implementing a Federal requirement for catcher vessels using
trawl gear in the Pacific Coast Groundfish fishery Shorebased
Individual Fishing Quota (IFQ) Program to complete and submit logbook
forms in the absence of similar state regulations. This rule is
necessary to continue collection of data vital to coastwide management
of the groundfish trawl fishery.
DATES: Effective July 5, 2019. Comments must be received by August 5,
2019.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2019-0031, by
either of the following methods:
Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0031, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Barry A. Thom, Regional
Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE,
Seattle, WA 98115-0070.
Instructions: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the comment period ends. All comments received are a part of the public
record and NMFS will post 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 is publicly
accessible. NMFS will accept anonymous comments (enter ``N/A'' in the
required fields if you wish to remain anonymous).
Electronic copies of the Regulatory Impact Review (RIR) and the
Categorical Exclusion prepared for this rule may be obtained from
http://www.regulations.gov or from the West Coast Region website at
http://westcoast.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: 206-526-4655, or
email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
Currently, the states of Washington, Oregon, and California require
the reporting of trawl fishery data in the trawl logbook form. The
states use a single, identical logbook form the Pacific Fishery
Management Council (Council) developed to collect information necessary
to effectively manage the groundfish fishery on a coastwide basis.
While each state has its own requirement for vessels to complete the
trawl logbook form, each state transmits the logbooks or logbook data
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to the Pacific States Marine Fisheries Commission (PSMFC). PSMFC
compiles the data from the logbooks into the PacFIN Coastwide Trawl
Logbook Database, and distributes the data to users such as the
Council, NMFS, and the Groundfish Management Team (GMT). In addition to
managing the logbook data, the PSMFC prints the logbook forms and
distributes them to Washington and Oregon so that the states can
distribute them to vessels, and distributes them directly to the
vessels in California.
Washington, Oregon, and California have long required trawl vessels
to submit information on their fishing activity. Since the late 1980's,
all three states have collected similar data in order to facilitate
coastwide monitoring of the groundfish trawl fishery. As a result of
this longstanding requirement for the collection of trawl effort data,
NMFS and the Council have an extensive dataset on how trawling activity
has changed over time. This data has been especially useful in actions
to assess the effects of area management, such as the rockfish
conservation areas, and to otherwise supplement stock assessments,
especially for stocks that are managed by area.
On December 12, 2018, the California Fish and Wildlife Commission
(Commission) voted to repeal its requirement for commercial trawl
vessels to complete and submit the logbook form, effective July 1,
2019. There is no existing Federal requirement for vessels to complete
and submit the trawl logbook form. Instead, the Federal requirement is
for vessels to follow their respective state logbook requirements (50
CFR 660.13(b)). Therefore, without this rule, trawl vessels off of
California would no longer be required to complete and submit the trawl
logbook form.
Contents and Use of the Trawl Logbook
The trawl logbook form developed by the Council collects fisherman-
reported haul-level effort data including tow time, tow location, depth
of catch, net type, target strategy, and estimated pounds of fish
retained per tow. Most data is collected while the vessel is fishing,
with only buyer information collected upon landing. Each trawl log
represents a single fishing trip. The logbook forms are due monthly to
each state, and the data is matched to a landing receipt (fish ticket)
summary data submitted by seafood processors. This matching step acts
as a data corroboration process for landings, and allows the PSMFC to
identify and correct any errors in the data. NMFS, the Council, the
GMT, the Northwest Fishery Science Center, and the PSMFC use the data
obtained from the logbooks in analyses of catch locations and bycatch
hotspots, spot verification of fish tickets, analyses on gear usage by
area, stock assessments, and a variety of other applications.
Additionally, Federal groundfish regulations require vessels to make
the logbooks available to fishery observers under the West Coast
Groundfish Observer Program (WCGOP). The observers collect biological
samples and pair these samples with logbook data describing vessel
position, target, depth, and retained catch. These data are not always
accessible from other sources such as equipment on the ship. Finally,
the logbook data are also used by the NMFS Office of Law Enforcement
and the U.S. Coast Guard in investigations.
Federal Trawl Logbook Requirement
This rule creates a Federal requirement for trawl catcher vessels
operating under a limited entry trawl permit operating in the
Shorebased IFQ Program to complete and submit the trawl logbook form in
the absence of a similar state requirement in the state in which the
vessel operates. This requirement applies to all trawl catcher vessels
off the West Coast, but because Washington and Oregon have a state
requirement for trawl logbook forms, vessels operating in those states
will only be subject to their respective state's rules. Should
Washington or Oregon choose to rescind their logbook requirement in the
future, vessels operating in those states would then be subject to this
regulation. However, Washington and Oregon continue to have state
requirements for the logbook form and have not indicated any intent to
change the requirement, therefore this rule will only affect trawl
vessels operating off of California at this time.
In 2018, there were 21 trawl vessels operating in California, 8 of
which were also participating under the electronic monitoring exempted
fishing permit (EFP), which separately requires completion and
submission of the trawl logbook form. However, vessels may move in and
out of the EFP, therefore 21 vessels is the maximum pool of affected
vessels. Overall, there were approximately 97 trawl vessels operating
in the fishery coastwide in 2018, therefore this action will affect
about 22 percent off the trawl fleet off of the West Coast.
This rule is structured to minimize the impact on trawl vessels off
of California by maintaining the identical logbook form that vessels
have been using for the past several years and by maintaining the same
reporting timeframe (logbooks due monthly by the 10th of the month
after which fishing was completed). The logbook forms for trawl vessels
operating off California will continue to be distributed by the PSMFC,
as they currently are. The only difference that California fishermen
will notice is that the address where the logbooks must be submitted
will change. Under this rule, vessels will be required to send logbook
forms to the PSFMC, on behalf of NMFS, at: Pacific States Marine
Fisheries Commission, 619 2nd Street, Eureka, CA 95501. NMFS and the
PSMFC plan to provide pre-addressed and stamped envelopes with the
logbook forms for return of the logbooks, as California did, for the
first year of the new requirement, with further costs to be evaluated
at a later date.
This rule will continue a longstanding requirement for the trawl
fleet, and maintain the way in which the information is collected and
how often it must be submitted. Therefore, NMFS expects that there will
be minimal public disruption by this rule.
Changes to Existing Regulations
At its June 2019 meeting, the Council requested that NMFS
promulgate regulations to implement a Federal requirement to maintain
the existing logbook information collection program pursuant to Section
402(a)(1) of the Magnuson-Stevens Act. NMFS determined that the need
for a Federal requirement to ensure the continuation of this
information collection program is justified, and therefore is
publishing this rule.
This rule adds paragraphs Sec. 660.12(b)(3) and Sec. 660.13(a)(1)
and (2) to require trawl vessels operating under a limited entry trawl
permit to complete and submit the trawl logbook form in the absence of
a similar state requirement in the state in which the vessel operates.
Classification
The Assistant Administrator for Fisheries, NOAA, has determined
that this rule is consistent with the National Standards, other
provisions of the Magnuson-Stevens Act, and other applicable laws.
Due to the abbreviated timeline within which the repeal of
California's regulation will be effective (July 1, 2019), and the
negative effects of a logbook coverage gap for all entities that depend
on the information obtained through the logbook, pursuant to 5 U.S.C.
553(b)(B), there is good cause to waive prior notice and an opportunity
for public comment on this action, as
[[Page 32098]]
notice and comment would be impracticable and contrary to the public
interest. If the implementation of this requirement were to be delayed,
there would be gaps in the collection of trawl effort data for vessels
off of California. This gap would have a significant detrimental impact
on the dataset and its utility for management purposes as a continuous
time series for stock assessments, as fine scale data on protected
species catch, for data validation of fish tickets, and for enforcement
purposes. Of specific concern, the Council is increasingly moving
towards using targeted bycatch hotspot closures as a means to manage
take of protected or prohibited species. Without catch data by area
collected in the trawl logbook form, this type of targeted closures are
difficult to enact.
Additionally, observers in the West Coast Groundfish Observer
Program regularly use the information in the logbook during a trip to
apportion biological data by area, and this biological data is used in
stock assessments and other catch and bycatch reporting. If NMFS went
through notice and comment rulemaking, the resulting three-month delay
would mean a significant portion of the 2019 trawl fishing season would
lack complete data from trawl activities off of California. There would
be no way to corroborate landings reports during this time, or for
observers to be able to match biological samples and catch or discard
records to a specific area, or for NMFS Office of Law Enforcement to
have information to investigate fisheries violations. For these
reasons, NMFS finds good cause to waive prior notice and an opportunity
for public comment on this action. For the same reasons, NMFS also
finds good cause, pursuant to 5 U.S.C. 553(d)(3), to waive the 30-day
delay in the date of effectiveness, so that this interim final rule may
become effective upon publication in the Federal Register. Because this
requirement will mirror the requirement these vessels have been subject
to under California law since the 1980s, NMFS does not expect that this
interim final rule will cause any concern or disruption to participants
in the fishery.
This interim final rule has been determined to be not significant
for purposes of Executive Order 12866.
There are no relevant Federal rules that may duplicate, overlap, or
conflict with this action.
Although we are waiving prior notice and opportunity for public
comment, we are requesting comments on this interim final rule until
August 5, 2019. Please see ADDRESSES for more information on the ways
to submit comments.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Collection of Information Requirements
This action contains a new information collection requirement
subject to the Paperwork Reduction Act (PRA), which has been submitted
for approval by the Office of Management and Budget (OMB) under OMB
Control Number 0648-XXXX.
Send comments regarding these burden estimates or any other aspect
of this data collection, including suggestions for reducing the burden,
to NMFS (see ADDRESSES), and 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, nor shall any person be subject to a 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 in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: July 1, 2019.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
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.
0
2. In Sec. 660.12, add paragraph (b)(3) to read as follows:
Sec. 660.12 General groundfish prohibitions.
* * * * *
(b) * * *
(3) Falsify or fail to prepare and/or file, retain or make
available records of fishing activities as specified in Sec.
660.13(a)(1).
* * * * *
0
3. In Sec. 660.13, add paragraphs (a)(1) and (2) to read as follows:
Sec. 660.13 Recordkeeping and reporting.
(a) * * *
(1) Trawl logbook. In the absence of a state trawl logbook
requirement based on the port of landing, the authorized representative
of the commercial trawl fishing vessel registered to a limited entry
permit with a trawl gear endorsement participating in the Shorebased
IFQ Program groundfish trawl fisheries must keep and submit a complete
and accurate record of fishing activities in the trawl logbook form.
The following requirements apply:
(i) The authorized representative of the vessel must keep the trawl
logbook form on board the vessel while engaged in, or returning from,
all Shorebased IFQ Program trips using groundfish trawl gear, and must
immediately surrender the logbook form upon demand to NMFS or other
authorized officers.
(ii) The authorized representative of the vessel must complete the
trawl logbook form on all Shorebased IFQ Program trips using groundfish
trawl gear, with all available information, except for information not
yet ascertainable, prior to entering port. The logbook form must be
completed as soon as the information becomes available. The information
on the logbook form will include at a minimum: Vessel name, vessel trip
start and end dates, crew size, tow start, tow completion, location of
tow, average depth of catch, net type, target strategy, and estimated
retained pounds by species.
(iii) The authorized representative of the vessel must deliver the
NMFS copy of the trawl logbook form by mail or in person to NMFS or its
agent. The authorized representative of the vessel must transmit the
logbook form on or before the 10th day of each month following the
month to which the records pertain.
(iv) The authorized representative of the vessel responsible for
submitting the trawl logbook forms must maintain a copy of all
submitted logbooks for up to three years after the fishing activity
ended.
(2) [Reserved]
* * * * *
[FR Doc. 2019-14351 Filed 7-3-19; 8:45 am]
BILLING CODE 3510-22-P