[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 However, the California Fish and Game Commission repealed 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

[[Page 32097]]

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