[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Rules and Regulations]
[Pages 22898-22910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08998]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 210426-0089]
RIN 0648-BK26


Magnuson-Stevens Act Provisions; Fisheries of the Northeastern 
United States; Northeast Multispecies Fishery; Approval of 2021 and 
2022 Sector Operations Plans and Allocation of 2021 Northeast 
Multispecies Annual Catch Entitlements

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

ACTION: Final rule.

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SUMMARY: This final rule approves sector operations plans and 
contracts, grants 19 regulatory exemptions for fishing years 2021 and 
2022, allocates Northeast multispecies annual catch entitlements to 
approved sectors for fishing year 2021 including default specifications 
for seven stocks, and makes regulatory amendments necessary to 
administer electronic monitoring. This action is intended to allow 
limited access permit holders to continue to operate or form sectors 
and to exempt sectors from certain effort control regulations to 
improve the efficiency and economics of sector vessels. Approval of 
sector operations plans and contracts is necessary to allocate annual 
catch entitlements to the sectors in order for sectors to operate.

DATES: Sector operations plans and regulatory exemptions are effective 
May 1, 2021, through April 30, 2023. Northeast multispecies annual 
catch entitlements for sectors are effective May 1, 2021, through April 
30, 2022.

ADDRESSES: Copies of each sector's operations plan and contract are 
available from the NMFS Greater Atlantic Regional Fisheries Office: 
Contact Claire Fitz-Gerald at [email protected] and Kyle 
Molton at [email protected]. These documents are also accessible via 
the GARFO website. To view these documents and the Federal Register 
documents referenced in this rule, you can visit: https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan.

FOR FURTHER INFORMATION CONTACT: Claire Fitz-Gerald, Fishery Policy 
Analyst, (978) 281-9255.

SUPPLEMENTARY INFORMATION:

Background

    The Northeast Multispecies Fishery Management Plan (FMP) defines a 
sector as a group of persons holding limited access Northeast 
multispecies permits that have voluntarily entered into a contract and 
agree to certain fishing restrictions for a specified period of time, 
and which has been granted a portion of the total allowable catch (TAC) 
in order to achieve objectives consistent with applicable FMP goals and 
objectives. A sector must be comprised of at least three Northeast 
multispecies permits issued to at least three different persons, none 
of whom have any common ownership interest in the permits, vessels, or 
businesses associated with the permits issued to the other two or more 
persons in that sector. Sectors are self-selecting, meaning each sector 
can choose its members.
    The Northeast multispecies sector management system allocates a 
portion of the Northeast multispecies stocks to each sector. These 
annual sector allocations are known as annual catch entitlements (ACE) 
and are based on the collective fishing history of a sector's members. 
Sectors may receive allocations of large-mesh Northeast multispecies 
stocks with the exception of Atlantic halibut, windowpane flounder, 
Atlantic wolffish, and ocean pout, which are non-allocated species 
managed under separate effort controls. ACEs are portions of a stock's 
annual catch limit (ACL) available to commercial Northeast multispecies 
vessels. A sector determines how to harvest its ACE.
    Because sectors elect to receive an allocation under a quota-based 
system, the FMP grants sector vessels several ``universal'' exemptions 
from the FMP's effort controls. These universal exemptions apply to: 
Trip limits on allocated stocks; Northeast multispecies days-at-sea 
(DAS) restrictions; the requirement to use a 6.5-inch (16.5-centimeters 
(cm)) mesh codend when fishing with selective gear on Georges Bank 
(GB); and portions of the Gulf of Maine (GOM) Cod Protection Closures. 
The FMP prohibits sectors from requesting exemptions from permitting 
restrictions, gear restrictions designed to minimize habitat impacts, 
and most reporting requirements.
    In addition to the approved sectors, there are several state-
operated permit banks, which receive allocations based on the history 
of the permits owned by the states. The final rule implementing 
Amendment 17 to the FMP allowed a state-operated permit bank to receive 
an allocation without needing to comply with the administrative and 
procedural requirements for sectors (77 FR 16942; March 23, 2012). 
Instead, permit banks are required to submit a list of participating 
permits to us, as specified in the permit bank's Memorandum of 
Agreement, to determine the ACE allocated to the permit bank. These 
allocations may be leased to fishermen enrolled in sectors. State-
operated permit banks are no longer approved through the sector 
approval process, but current state-operated permit banks contribute to 
the total allocation under the sector system.
    We received operations plans and preliminary contracts for fishing 
years 2021 and 2022 from 16 sectors. The operations plans included 19 
exemptions previously requested by sectors, and approved by NMFS, in

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fishing year 2020. One sector also submitted a new exemption request 
for fishing year 2021. We have determined that the 16 sector operations 
plans and contracts that we received, and the 19 previously approved 
regulatory exemptions requested, are consistent with the FMP's goals 
and objectives, and meet sector requirements outlined in the 
regulations at Sec.  648.87. Consequently, we are approving the 16 
sector operations plans, as well as the 19 previously approved 
regulatory exemptions requested, in this final rule. We are not 
approving the new sector exemption requested for fishing year 2021. 
Copies of the operations plans and contracts, and the environmental 
assessment (EA), are available at: http://www.regulations.gov and from 
NMFS (see ADDRESSES).

Catch Limits for Fishing Year 2021

Previously Established Catch Limits

    Last year, Framework 59 to the FMP set fishing year 2021 catch 
limits for 15 groundfish stocks (85 FR 45794; July 30, 2020). The 2021 
catch limits for most stocks remain the same as, or similar, to 2020 
limits. Framework 59 did not specify a 2021 catch limit for GOM winter 
flounder, Southern New England/Mid-Atlantic (SNE/MA) winter flounder, 
redfish, ocean pout, Atlantic wolffish, Eastern GB cod, or Eastern GB 
haddock. Eastern GB cod and haddock are management units of the GB cod 
and GB haddock stocks that NMFS manages jointly with Canada, and the 
shared quota is set annually.
    This year, in Framework 61 to the FMP, the Council adopted new or 
adjusted fishing year 2021 catch limits for: GB haddock; GB yellowtail 
flounder; GB winter flounder; GOM winter flounder; SNE/MA winter 
flounder; redfish; Northern windowpane flounder; Southern windowpane 
flounder; ocean pout; Atlantic halibut; and Atlantic wolffish. 
Framework 61 would set 2021 catch limits for the two U.S./Canada stocks 
(Eastern GB cod and Eastern GB haddock). It would adjust the breakdown 
of sub-components for GB cod, GOM cod, SNE/MA yellowtail flounder, Cape 
Cod (CC)/GOM yellowtail flounder, witch flounder, and white hake. 
Framework 61 also included the exemption for sector vessels to target 
redfish with codend mesh as small as 5.5 inches (13.97 cm) as a 
universal exemption. We recently received Framework 61 for review from 
the Council and we will not be able to implement Framework 61 measures, 
if approved, before May 1, 2021.
    As a result, the sector and common pool allocations in this rule 
are based on the 2021 catch limits set in Framework 59 that will be 
effective on May 1, 2021, and preliminary 2021 fishing year rosters 
(Table 1). If we approve Framework 61, the 2021 catch limits announced 
in this rule for these stocks will change when Framework 61 measures 
become effective.
    The Framework 59 fishing year 2021 ACL for GB yellowtail flounder 
is 95.4 metric tons (mt), which will be in place on May 1. The Council 
recommended a fishing year 2021 ACL of 63.6 mt for GB yellowtail 
flounder in Framework 61. This is a 33-percent decrease, which will go 
into effect after May 1 if Framework 61 is approved. This adjustment is 
based on the recommendation of the Transboundary Management Guidance 
Committee, which is the joint U.S./Canada management body that meets 
annually to recommend shared quotas for the three transboundary stocks. 
The Council's recommendations will be further discussed in the 
Framework 61 proposed rule. We are highlighting this change in this 
rule because the GB yellowtail flounder sector allocations approved in 
this rule are based on the higher 2021 catch limits previously approved 
in Framework 59. If the Council's recommended catch limits become final 
with no changes, the ACE for this stock will be reduced when Framework 
61 is implemented.

Default Catch Limits

    This rule also announces default catch limits for GOM winter 
flounder, SNE/MA winter flounder, redfish, ocean pout, Atlantic 
wolffish, Eastern GB cod, and Eastern GB haddock. These stocks do not 
already have a catch limit in place for fishing year 2021. The 
groundfish regulations implement default catch limits for any stock for 
which final specifications are not in place by the beginning of the 
fishing year on May 1. The FMP's default specifications provision sets 
catch at 35 percent of the previous year's (2020) catch limits, except 
in instances where the default catch limit would exceed the Council's 
recommendation. The fishing year 2021 state waters and other sub-
components specified for redfish in Framework 59 exceed the Council's 
fishing year 2021 redfish recommendation in Framework 61 and, as such, 
these sub-components will be reduced accordingly. The default catch 
limits are effective from May 1 through July 31, or until the final 
rule for Framework 61 is implemented if prior to July 31. To comply 
with these regulations and minimize impacts on the fishery we are 
announcing these default specifications. If Framework 61 is not in 
place on or before July 31, all fishing for these stocks will be 
prohibited beginning August 1.

                                                                      Table 1--Northeast Multispecies Catch Limits for 2021
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                                                                                         Preliminary  Preliminary                  Midwater                                State
                            Stock                               Total ACL    Groundfish  sector sub-  common pool  Recreational     trawl       Scallop     Small-mesh  waters sub-   Other sub-
                                                                              sub-ACL        ACL        sub-ACL       sub-ACL      fishery      fishery     fisheries    component    component
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GB Cod *.....................................................        1,234        1,073        1,041           31  ............  ...........  ...........  ...........           19          142
GOM Cod *....................................................          523          468          267            9           193  ...........  ...........  ...........           48            7
GB Haddock *.................................................       72,699       70,892       69,465        1,428  ............        1,424  ...........  ...........            0          383
GOM Haddock *................................................       15,843       15,575       10,022          258         5,295          156  ...........  ...........           56           56
GB Yellowtail Flounder *.....................................          116           95           92            3  ............  ...........           19            2            0            0
SNE/MA Yellowtail Flounder *.................................           21           15           12            3  ............  ...........            2  ...........            0            4
CC/GOM Yellowtail Flounder *.................................          787          688          656           32  ............  ...........  ...........  ...........           58           41
American Plaice *............................................        2,740        2,682        2,611           71  ............  ...........  ...........  ...........           29           29
Witch Flounder *.............................................        1,414        1,310        1,275           35  ............  ...........  ...........  ...........           44           59
GB Winter Flounder *.........................................          545          522          502           21  ............  ...........  ...........  ...........            0           22

[[Page 22900]]

 
GOM Winter Flounder *........................................          151          100           95            5  ............  ...........  ...........  ...........           48            2
SNE/MA Winter Flounder *.....................................          245          189          166           22  ............  ...........  ...........  ...........           13           43
Redfish *....................................................        3,973        3,931        3,880           51  ............  ...........  ...........  ...........            0            0
White Hake *.................................................        2,041        2,019        1,995           24  ............  ...........  ...........  ...........           11           11
Pollock *....................................................       21,047       19,282       19,092          190  ............  ...........  ...........  ...........          882          882
N Windowpane Flounder *......................................           55           38           na           38  ............  ...........           12  ...........            1            5
S Windowpane Flounder *......................................          412           48           na           48  ............  ...........          143  ...........           26          196
Ocean Pout *.................................................           42           32           na           32  ............  ...........  ...........  ...........            0            9
Atlantic Halibut *...........................................          102           77           na           77  ............  ...........  ...........  ...........           21            4
Atlantic Wolffish............................................           29           29           na           29  ............  ...........  ...........  ...........            0            0
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* These catch limits are based on fishing year 2021 Framework 59 and/or default specifications, and will be replaced when the final rule for Framework 61 becomes effective, if approved.

Sector Allocations

    This rule allocates ACE to sectors based on the preliminary fishing 
year 2021 sector rosters and the 2021 catch limits established in 
Framework 59 and default specifications, as shown in Table 1 above. Any 
permits that change ownership after the enrollment deadline established 
by the Regional Administrator (March 8 for fishing year 2021) retain 
the ability to join a sector through April 30, 2021. All permit holders 
who have joined a sector for fishing year 2021 have until April 30, 
2021, to withdraw and elect to fish in the common pool, although 
sectors may specify a more restrictive withdrawal date for their 
members. As a result, the total permits enrolled in sectors for fishing 
year 2021 could change from the preliminary rosters, although such 
changes are expected to be minimal based on past fishing years. For 
fishing year 2022, we will set similar roster deadlines, notify permit 
holders of the fishing year 2022 deadlines, and allow permit holders to 
change sectors separate from the annual sector operations plans 
approval process.
    We calculate a sector's allocation for each stock by summing its 
members' potential sector contributions (PSC) for a stock and then 
multiplying that total percentage by the available commercial sub-ACL 
for that stock. Table 2 shows the preliminary total fishing year 2021 
PSCs for each sector for fishing year 2021. Tables 3 and 4 show the 
initial allocations that each sector is allocated, in pounds and metric 
tons, respectively, for fishing year 2021 based on their preliminary 
fishing year 2021 rosters and the fishing year 2021 Framework 59 and 
default specifications. At the start of the 2021 fishing year, we 
provide final allocations, to the nearest pound, to each sector based 
on their final May 1 rosters. We use these final allocations, along 
with later adjustments for ACE transfers, reductions for overages, or 
increases for carryover from fishing year 2020, to monitor sector 
catch. We have included the preliminary common pool sub-ACLs in tables 
2 through 4 for comparison. These tables do not represent the final 
allocations for the 2021 fishing year.
    We do not assign each permit separate PSCs for Eastern GB cod or 
Eastern GB haddock; instead, we assign each permit a PSC for the GB cod 
stock and GB haddock stock. Each sector's GB cod and GB haddock 
allocations are then divided into an Eastern ACE and a Western ACE, 
based on each sector's percentage of the GB cod and GB haddock ACLs. 
For example, if a sector is allocated 4 percent of the GB cod ACL and 6 
percent of the GB haddock ACL, the sector is allocated 4 percent of the 
commercial Eastern U.S./Canada Area GB cod TAC and 6 percent of the 
commercial Eastern U.S./Canada Area GB haddock TAC as its Eastern GB 
cod and haddock ACEs. These amounts are then subtracted from the 
sector's overall GB cod and haddock allocations to determine its 
Western GB cod and haddock ACEs. A sector may only harvest its Eastern 
GB cod and haddock ACEs in the Eastern U.S./Canada Area, but may 
``convert,'' or transfer, its Eastern GB cod or haddock allocation into 
Western GB allocation and fish that converted ACE outside the Eastern 
GB area.
    At the start of fishing year 2021, we may withhold 20 percent of 
each sector's fishing year 2021 allocation until we finalize fishing 
year 2020 catch information. We expect to finalize 2020 catch 
information in summer 2021. We allow sectors to transfer fishing year 
2020 ACE for 2 weeks upon our completion of year-end catch accounting 
to reduce or eliminate any fishing year 2020 overages. If necessary, we 
reduce any sector's fishing year 2021 allocation to account for a 
remaining overage in fishing year 2020. Each year of the operations 
plans, we notify the Council and sector managers of this deadline in 
writing and announce our final ACE determination on our website at: 
https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/groundfish_catch_accounting.
BILLING CODE 3510-22-P

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BILLING CODE 3510-22-C

Announcement of our Electronic Monitoring Determination

    Regulations implementing the sector program for the Northeast 
multispecies fishery under Amendment 16 to the FMP allow the use of 
electronic monitoring (EM) to meet sector monitoring requirements 
provided that the agency deems it sufficient for a specific gear type 
and area fished. Using the process and authority granted to us in 
Amendment 16 to the Northeast Multispecies FMP, and as described in 
regulations at Sec.  648.87(b)(1)(v)(B), we determined that the EM 
audit model is sufficient for use in place of at-sea monitoring (ASM) 
and announced our determination in the proposed rule to approve sector 
operations plans for fishing years 2021 and 2022 (86 FR 16686; March 
31, 2021). The proposed rule described our rationale, as well as the 
operational standards and requirements of an EM audit model program 
that meets sector monitoring requirements. The full details were 
included in the proposed rule and are not repeated here. This final 
rule approves amendments to the regulations, implemented under our 
section 305(d) authority in the Magnuson-Stevens Act, to make changes 
necessary to carry out the FMP. These adjustments clarify the use of EM 
for sector monitoring as described in the regulations at Sec.  648.87 
and ensure the FMP is implemented in accordance with the Magnuson-
Stevens Act. We are implementing these changes in conjunction with the 
sector rule for expediency purposes.

Sector Operations Plans and Contracts

    We are approving 16 sector operations plans and contracts for 
fishing years 2021 and 2022. All 16 sectors were active in fishing 
years 2019 and 2020. In order to approve a sector's operations plan for 
fishing years 2021 and 2022, we consider whether a sector's plan is 
consistent with regulatory requirements and FMP objectives, and whether 
it has been compliant with reporting requirements from previous years, 
including the year-end reporting requirements found at Sec.  
648.87(b)(1)(vi)(C). Approved operations plans contain the rules under 
which each sector will fish, and also provide the legal contract that 
binds each member to the sector for the length of the sector's 
operations plan. Each sector's operations plan, and each sector's 
members, must comply with the regulations governing sectors, found at 
Sec.  648.87. In addition, each sector must conduct fishing activities 
as detailed in its approved operations plan.
    Participating vessels are required to comply with all pertinent 
Federal fishing regulations, except as specifically exempted in the 
letter of authorization (LOA) issued by the Regional Administrator, 
which details any approved sector exemptions from the regulations. If, 
during a fishing year, or between fishing years 2021 and 2022, a sector 
requests an exemption that we have already granted, or proposes a 
change to administrative provisions, we may amend the sector operations 
plans. Should any such amendments require modifications to LOAs, we 
will include these changes in updated LOAs and provide them to the 
appropriate sectors.
    As in previous years, we retain the right to revoke exemptions in-
season if: We determine that the exemption jeopardizes management 
measures, FMP objectives, or rebuilding efforts; the exemption results 
in unforeseen negative impacts on other managed fish stocks, habitat, 
or protected resources; the exemption causes enforcement concerns; 
catch from trips using the exemption cannot be adequately monitored; or 
a sector is not meeting certain administrative or operational 
requirements. If it becomes necessary to revoke an exemption, we will 
do so through a process consistent with the Administrative Procedure 
Act.
    Each sector is required to ensure that it does not exceed its ACE 
during the fishing year. Sector vessels are required to retain all 
legal-sized allocated Northeast multispecies stocks, unless a sector is 
granted an exemption allowing its member vessels to discard legal-sized 
unmarketable fish at sea. Catch (defined as landings and discards) of 
all allocated Northeast multispecies stocks by a sector's vessels count 
against the sector's allocation. Groundfish catch from a sector trip 
targeting non-groundfish species will be deducted from the sector's ACE 
because these are groundfish trips using gear capable of catching 
groundfish. Catch from a non-sector trip in an exempted fishery does 
not count against a sector's allocation and is assigned to a separate 
ACL sub-component to account for any groundfish bycatch that occurs in 
non-groundfish fisheries.
    Each sector operations plan submitted for fishing years 2021 and 
2022 states that the sector may withhold an initial reserve from the 
sector's ACE sub-allocation to each individual member to prevent the 
sector from exceeding its ACE. A sector and sector members can be held 
jointly and severally liable for ACE overages, discarding legal-sized 
fish, and/or misreporting catch (landings or discards). Each sector 
contract provides procedures for sector enforcement of its rules, 
explains sector monitoring and reporting requirements, provides sector 
managers with the authority to issue stop fishing orders to sector 
members who violate provisions of the operations plan and contract, and 
presents a schedule of penalties that managers may levy on members for 
sector plan violations.
    Sectors are required to monitor their allocations and catch. To 
help ensure that a sector does not exceed its ACE, each sector 
operations plan explains sector monitoring and reporting requirements, 
including a requirement to submit weekly catch reports to us. If a 
sector reaches an ACE threshold (specified in the operations plan), the 
sector must provide us with sector allocation usage reports on a daily 
basis. Once a sector's allocation for a particular stock is caught, 
that sector is required to cease all sector fishing operations in that 
stock area until it acquires more ACE, likely by an ACE transfer 
between sectors. Within 60 days of when we complete year-end catch 
accounting, each sector is required to submit an annual report 
detailing the sector's catch (landings and discards), sector 
enforcement actions, and pertinent information necessary to evaluate 
the biological, economic, and social impacts of each sector.

Industry-Funded Monitoring Programs

    Sectors are responsible for designing, implementing, and funding a 
monitoring program that will provide the level of ASM coverage 
specified by NMFS for that year. We are required to determine a level 
of ASM coverage using a process described in Framework 55 (81 FR 26412; 
May 2, 2016) that provides a reliable estimate of overall catch by 
sectors needed for monitoring ACEs and ACLs while minimizing the cost 
burden to sectors and NMFS to the extent practicable. Sectors are 
responsible for the at-sea portion of costs associated with the 
sector's monitoring program(s), even in years when reimbursement funds 
are available.
    In fishing years 2010 and 2011, we funded an ASM program with a 
target ASM coverage level of 30 percent of all trips. In addition, we 
provided 8-percent observer coverage through the Northeast Fishery 
Observer Program (NEFOP), which helps to support the Standardized 
Bycatch Reporting Methodology (SBRM) and stock assessments. This 
resulted in an overall target coverage level of 38 percent for fishing 
years 2010 and 2011, from the combined ASM and NEFOP. Beginning

[[Page 22905]]

in fishing year 2012, we have conducted an annual analysis to determine 
the total target coverage level. Table 5 depicts the annual target 
coverage levels. Industry has been required to pay for their ASM 
coverage costs since 2012, while we continued to fund NEFOP coverage. 
However, we were able to fund the industry's portion of ASM costs and 
NEFOP coverage in fishing years 2012 through most of 2015. Industry 
paid for their portion of the ASM program beginning in March 2016. In 
June 2016, after determining that the SBRM monitoring program could be 
fully funded with additional funding remaining, we announced that we 
had funds available to offset some of industry's costs of the 
groundfish ASM program in 2016. We distributed funds held by the 
Atlantic States Marine Fisheries Commission in a grant that provided 
for reimbursing sectors for 85 percent of their ASM costs for 10 months 
of the fishing year. In fishing year 2017, using leftover funds from 
the 2016 grant, sectors were reimbursed for 60 percent of industry 
costs in fishing year 2017. Fishing effort was lower than expected in 
the first few months of the fishing year, and sectors were ultimately 
retroactively reimbursed an additional estimated 25 percent of 
industry's 2017 costs, which exhausted the remaining available SBRM 
funds. In fiscal years 2018, 2019, 2020, and 2021, Congress 
appropriated $10.3 million for groundfish ASM. These funds were used to 
fully reimburse industry costs in fishing years 2018, 2019, and 2020. 
Although the exact costs of groundfish monitoring for fishing year 2021 
are not known at this time, we expect there will be sufficient funds to 
fully reimburse industry's costs for ASM and EM based on our experience 
in previous fishing years.

                             Table 5--Historic Target Coverage Level for Monitoring
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                                                                   Total target     ASM target     NEFOP target
                          Fishing year                            coverage level  coverage level  coverage level
                                                                     (percent)       (percent)       (percent)
----------------------------------------------------------------------------------------------------------------
2010............................................................              38              30               8
2011............................................................              38              30               8
2012............................................................              25              17               8
2013............................................................              22              14               8
2014............................................................              26              18               8
2015............................................................              16              12               4
2016............................................................              14              10               4
2017............................................................              16               8               8
2018............................................................              15              10               5
2019............................................................              31             (*)             (*)
2020............................................................              40             (*)             (*)
----------------------------------------------------------------------------------------------------------------
* Beginning in fishing year 2019, assignment of NEFOP coverage changed in a way that no longer provided a single
  coverage target across all sectors. As a result, the total target coverage level was no longer partitioned
  into fixed ASM and NEFOP target coverage levels.

    On March 20, 2020, we issued a fleet-wide observer waiver in 
response to local travel restrictions and limits on gatherings. During 
this time, we worked with monitoring service providers to develop 
observer redeployment plans, finalize internal policies to promote safe 
and effective redeployment, and conduct outreach to industry. We 
redeployed observers on August 14, 2020. A vessel receives a waiver if 
an observer or ASM is not available for deployment; or the observer 
provider cannot meet the safety protocols imposed by a state on the 
commercial fishing crew or by the vessel owner or operator on the crew. 
Service provider companies have experienced significant staff attrition 
this year as a result of the limited amount of work available, and will 
need to hire additional staff to meet future specified coverage levels. 
Given the circumstances, we do not expect sectors to meet the 40-
percent target coverage level in fishing year 2020. We expect to work 
with sectors and service provider companies through the remainder of 
the year to increase coverage levels to the extent possible, and to 
ensure they meet the specified coverage level when normal operations 
resume.
    For fishing year 2021, sector vessels may choose to use either ASM 
or the EM audit model to meet monitoring requirements, provided that 
the sector has a corresponding monitoring program approved as part of 
its operations plan. On January 26, 2021, we announced that the total 
target ASM coverage level is 40 percent for fishing year 2021. Vessels 
that choose to use ASM to meet monitoring requirements will have a 
target coverage level of 40 percent for all sector groundfish trips. 
Vessels that choose to use EM to meet monitoring coverage requirements 
must use cameras and adhere to catch handling protocols as described in 
their vessel monitoring plans for all groundfish trips. Only a subset 
of the submitted trips will be selected for review to monitor 
groundfish discards for catch accounting. For fishing year 2021, NMFS 
will randomly select 50 percent of trips for review by a third-party 
service provider. A subset of the selected trips will undergo a 
secondary review by NMFS to monitor the third-party service provider's 
performance. The vessel owner or operator and the third-party service 
provider must provide the EM data for any given trip to NMFS, and its 
authorized officers and designees, upon request including, but not 
limited to, trips selected for secondary review. The fishing year 2022 
selection rate for third-party review will be announced during fishing 
year 2021. The selection rate may vary annually based on vessel 
performance and less than 100 percent of trips would be reviewed, 
consistent with regulations at 648.87(b)(1)(v)(B)(1).

Industry-Funded Monitoring Programs

    The operations plans submitted by sectors include industry-funded 
monitoring plans for fishing year 2021. As in previous years, we gave 
sectors the option to design their own monitoring program(s) in 
compliance with regulations or elect to adopt the NMFS-designed ASM 
and/or EM audit model program(s). In the event that we cannot approve a 
proposed monitoring program, we asked all sectors to include an option 
to select a current NMFS-designed monitoring program as a fail-safe.
    All active sectors submitted an ASM plan as part of their draft 
operations plans. Sectors that operate only as permit banks, and 
explicitly prohibit fishing in their operations plans, are not required 
to include provisions for an

[[Page 22906]]

ASM program. Similar to previous years, some sectors chose to use the 
NMFS-designed ASM program while others proposed programs of their own 
design. The NMFS-designed ASM program is the same program that we have 
used in previous fishing years. Sector-designed ASM programs for 
fishing years 2021 and 2022 were similar to those approved in past 
years. We reviewed all sector-proposed ASM programs for consistency 
with ASM requirements.
    Sustainable Harvest Sectors 1, 2, and 3; the GB Cod Fixed Gear 
Sector, the Maine Coast Community Sector, and Northeast Fishery Sectors 
(NEFS) 5, 10, 11, and 13 will use the NMFS-designed ASM program. NEFS 
2, 6, 7, 8, and 12 will use a sector-designed ASM program, which states 
that they will: Contract with a NMFS-approved ASM provider; meet the 
specified coverage level; and utilize the Pre-Trip Notification System 
for random selection of monitored trips and notification to providers. 
These ASM programs also include additional protocols for ASM coverage 
waivers, incident reporting, and safety requirements for their sector 
managers and members. We are approving these programs because they are 
consistent with the goals and objectives of ASM and regulatory 
requirements.
    Seven sectors also submitted an EM plan as part of their draft 
operations plans. Of these sectors, six sectors, Sustainable Harvest 
Sectors 1, 2, and 3; the GB Cod Fixed Gear Sector, the Maine Coast 
Community Sector, and NEFS 5, chose to use the NMFS-designed EM audit 
model program. An additional sector, NEFS 10, subsequently submitted a 
request to amend its operations plan to include the NMFS-designed EM 
audit model program. We are approving this program for these sectors, 
including NEFS 10, because it is consistent with goals and objectives 
of monitoring and regulatory requirements.
    One sector, NEFS 2, proposed an EM program of its own design. The 
proposed program maintained key elements of the NMFS-designed EM audit 
model program as the basis for its proposed EM program with 
modifications. We are approving NEFS 2's proposed program, which states 
that it will: Contract with an approved service provider; utilize PTNS 
as required; run cameras on 100 percent of groundfish trips for EM 
vessels; and trips will be audited at a rate of 50 percent. NEFS 2's 
program also establishes internal protocols and controls for the sector 
to manage its member vessels' participation in EM.

Previously Granted Exemptions for Fishing Years 2021 and 2022

Previously Granted Exemptions Granted for Fishing Years 2021 and 2022 
(1-19)

    We are granting exemptions from the following requirements for 
fishing years 2021 and 2022, all of which have been requested and 
granted in previous years:
    (1) 120-day block out of the fishery required for Day gillnet 
vessels;
    (2) 20-day spawning block out of the fishery required for all 
vessels;
    (3) Limits on the number of gillnets for Day gillnet vessels 
outside the GOM;
    (4) Prohibition on a vessel hauling another vessel's gillnet gear;
    (5) Limits on the number of gillnets that may be hauled on GB when 
fishing under a Northeast multispecies/monkfish DAS;
    (6) Limits on the number of hooks that may be fished;
    (7) DAS Leasing Program length and horsepower restrictions;
    (8) Prohibition on discarding;
    (9) Gear requirements in the Eastern U.S./Canada Management Area;
    (10) Prohibition on a vessel hauling another vessel's hook gear;
    (11) The requirement to declare an intent to fish in the Eastern 
U.S./Canada Special Access Program (SAP) and the Closed Area (CA) II 
Yellowtail Flounder/Haddock SAP prior to leaving the dock;
    (12) Seasonal restrictions for the Eastern U.S./Canada Haddock SAP;
    (13) Seasonal restrictions for the CA II Yellowtail Flounder/
Haddock SAP; (14) sampling exemption;
    (15) 6.5-inch minimum mesh size requirement for trawl nets to allow 
a 5.5-inch codend on directed redfish trips;
    (16) Prohibition on combining small-mesh exempted fishery and 
sector trips in SNE;
    (17) Extra-large mesh requirement to target dogfish on trips 
excluded from ASM in SNE and Inshore GB;
    (18) Requirement that Handgear A vessels carry a Vessel Monitoring 
System (VMS) unit when fishing in a single broad stock area (BSA); and
    (19) Limits on the number of gillnets for Day gillnet vessels in 
the GOM.
    A detailed description of the previously granted exemptions and 
supporting rationale can be found in the applicable final rules 
identified in Table 6 below.

         Table 6--Exemptions From Previous Fishing Years That Are Granted in Fishing Years 2021 and 2022
----------------------------------------------------------------------------------------------------------------
        Exemptions                  Rulemaking                Date of publication               Citation
----------------------------------------------------------------------------------------------------------------
1-2, 4-9..................  Fishing Year 2011 Sector    April 25, 2011................  76 FR 23076.
                             Operations Final Rule.
10-11.....................  Fishing Year 2012 Sector    May 2, 2012...................  77 FR 26129.
                             Operations Final Rule.
12-14.....................  Fishing Year 2013 Sector    May 2, 2013...................  78 FR 25591.
                             Operations Interim Final
                             Rule.
3, 15-16..................  Fishing Years 2015-2016     May 1, 2015...................  80 FR 25143.
                             Sector Operations Final
                             Rule.
17........................  Framework 55 Final Rule...  May 2, 2016...................  81 FR 26412.
18........................  Amendment 18 Final Rule...  April 21, 2017................  82 FR 18706.
19........................  Fishing Year 2018 Sector    May 1, 2018...................  83 FR 18965.
                             Operations Final Rule.
----------------------------------------------------------------------------------------------------------------
Northeast Multispecies Federal Register documents can be found at https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan.

New Exemption Requests We Will Not Approve for Fishing Year 2021

Minimum Mesh Size for Gillnets Fished in Georges Bank

    One sector requested a new exemption for fishing year 2021 to allow 
sector vessels to use 6.0-inch (15.2-cm) mesh size to target groundfish 
in the GB BSA. We denied this request because we are concerned that 
allowing the use of gillnets smaller than the 6.5-inch (16.5-cm) 
minimum mesh size may have an impact on GB cod, given that this stock 
is overfished and overfishing is occurring, and there is limited data 
available to evaluate this exemption request. In addition, changes in 
the location and intensity of gillnet fishing may have impacts on 
protected resources, particularly North Atlantic right whales, which 
are critically endangered and are present in the requested area during 
certain times of year. We may reevaluate this exemption request in a 
future action, should further information become available.

[[Page 22907]]

Additional details on the exemption request, and our rationale for 
denying it, can be found in the proposed rule to approve fishing years 
2021 and 2022 sector operations plans (86 FR 16686; March 31, 2021).

Additional Sector Operations Plan Provisions

Inshore GOM Restrictions

    Several sectors proposed an operations plan provision to limit and 
more accurately document a vessel's behavior when fishing in an area 
they define as the inshore portion of the GOM BSA, or the area to the 
west of 70[deg]15' W long. As in fishing years 2019 and 2020, we are 
approving this provision, but a sector may elect to remove this 
provision in the final version of its operations plan, and it is not a 
requirement under NMFS regulations.
    Under this provision, a vessel that is carrying an observer or ASM 
would remain free to fish in all areas, including the inshore GOM area, 
without restriction. If a vessel is not carrying an observer or ASM and 
fishes any part of its trip in the GOM west of 70[deg]15' W long., the 
vessel would be prohibited from fishing outside of the GOM BSA. Also, 
if a vessel is not carrying an observer or ASM and fishes any part of 
its trip outside the GOM BSA, this provision would prohibit a vessel 
from fishing west of 70[deg]15' W long. within the GOM BSA. The 
approved provision includes a requirement that a vessel declare whether 
it intends to fish in the inshore GOM area through the trip start hail 
using its VMS unit prior to departure. We provide sector managers with 
the ability to monitor this provision through the Sector Information 
Management Module, a website where we also provide roster, trip, 
discard, and observer information to sector managers. A sector vessel 
may use a federally-funded NEFOP observer or ASM on these trips because 
we believe this option will not create bias in discard estimates, as 
fishing behavior is expected to be consistent with the standard fishery 
requirements such as minimum gear and fish sizes as a result of 
exercising this option.

Prohibition on a Vessel Hauling Another Vessel's Trap Gear To Target 
Groundfish

    Several sectors have requested a provision to allow a vessel to 
haul another vessel's fish trap gear, similar to the current exemptions 
that allow a vessel to haul another vessel's gillnet gear or hook gear. 
These exemptions have generally been referred to as ``community'' gear 
exemptions. Regulations at Sec.  648.84(a) require a vessel to mark all 
bottom-tending fixed gear, which includes fish trap gear used to target 
groundfish. This requirement helps protect against illegal hauling of 
gear by vessels that do not own the gear and are not authorized to tend 
it. To facilitate enforcement of Sec.  648.84(a) and use of this 
exemption, we are requiring each vessel authorized to haul another's 
gillnet gear to tag that gear, similar to how this sector operations 
plan provision was implemented in fishing years 2014 through 2020. This 
allows one vessel to deploy the trap gear and another vessel to haul 
the trap gear, provided both vessels tag the gear prior to deployment. 
This requirement is included in the sector's operations plan to provide 
the opportunity for the sector to monitor the use of this provision and 
facilitate the Office of Law Enforcement and the U.S. Coast Guard's 
enforcement of the marking requirement. We do not expect this provision 
to increase effort or the amount of fish trap gear used. Instead, we 
expect that it will provide an efficiency and would allow a vessel to 
retrieve gear as a convenience.

Comments and Responses

    We received a total of two comments: One from the Northeast Sector 
Service Network (NESSN), and one from a member of the public. Only 
comments related to the proposed measures are addressed below.

Sector Operations Plans and ACE Allocations

    Comment 1: The comment submitted by a member of the public pertains 
to quota allocations. The commenter states that quotas are too high and 
lead to overfishing, and that all quotas should be reduced by 50 
percent.
    Response: This rulemaking does not set fishing year 2021 quotas for 
the groundfish fishery. This action approves sector operations plans 
for fishing years 2021 and 2022; allocates preliminary ACE to 
groundfish sectors based on ACLs (i.e., quotas) developed by the New 
England Fishery Management Council and implemented in Framework 59 to 
the FMP; announces default specifications for seven groundfish stocks 
as required by regulation; and amends the regulations in order to 
implement EM. The ACLs are set to prevent overfishing, rebuild 
overfished stocks, achieve optimum yield, and ensure that management 
measures are based on the best scientific information available. 
Fishing year 2021 quota allocations are developed through a separate 
rulemaking.
    Comment 2: NESSN supports approval of fishing years 2021 and 2022 
sector operations plans for NEFS 2, 4, 6, 7, 8, and 12. NESSN did not 
comment on the approval of the other sectors' operations plans.
    Response: This rule approves fishing years 2021 and 2022 sector 
operations plans for NEFS 2, 4, 6, 7, 8 and 12.
    Comment 3: NESSN supports approval of all proposed exemptions.
    Response: This rule approves 19 regulatory exemptions that were 
previously approved for fishing year 2020. This rule does not approve 
the new exemption requested by a sector for fishing year 2021 to allow 
sector vessels to use gillnets as small as 6.0-inches (15.2-cm) to 
target haddock in the GB BSA. The reason for NMFS's disapproval is 
provided in the discussion of exemptions above and is not repeated 
here.
    Comment 4: NESSN encourages NMFS to implement Framework 61 to the 
FMP prior to July 31, when the default specifications expire.
    Response: NMFS received the preliminary submission of Framework 61 
from the New England Fishery Management Council for review in late 
March. We will make every effort to complete the rulemaking process as 
quickly as possible and prior to July 31, when the default regulations 
are set to expire.

Announcement of our Electronic Monitoring Determination

    Comment 5: NESSN supports approval of the EM audit model program 
developed and submitted by NEFS 2 because it provides the sector with 
additional control and oversight.
    Response: This rule approves the EM audit model program proposed by 
NEFS 2. NMFS' EM program standards did not specify what type of control 
and oversight sectors should exert over their membership. This is 
consistent with the general structure of the sector system, which 
places this type of self-governance and management in the sectors' 
purview, as opposed to NMFS.
    Comment 6: NESSN commented on the implementation details of the EM 
audit model program, including suggestions for different approaches to 
follow when expanding the maximized retention EM program in the future. 
NESSN's suggestions are intended to minimize disruptions to sector 
planning and operations, given both NMFS' and sectors' administrative 
workload.
    Response: We are committed to working with all sectors that chose 
to include EM plans in their operations plans, and those sectors 
interested in it in the future, to ensure that we improve

[[Page 22908]]

the overall implementation of EM in the fishery over time. 
Implementation of this program will improve each year, and we intend to 
work closely with sectors to improve and expand EM, including the 
maximized retention EM program.

Changes From the Proposed Rule

    In the proposed rule, we considered approving EM plans submitted by 
seven sectors: Sustainable Harvest Sectors 1, 2, and 3; the GB Cod 
Fixed Gear Sector; the Maine Coast Community Sector; NEFS 2; and NEFS 
5. However, NEFS 10 subsequently submitted a request to amend its 
operations plan to include the NMFS-designed EM audit model program. We 
approved this request because the NMFS-designed EM audit model program 
is consistent with the goals and objectives of monitoring and 
regulatory requirements. As a result, this final rule approves EM plans 
for eight sectors. Additional sectors may request an amendment to their 
operations plans to include EM during the 2021 or 2022 fishing year, if 
desired.
    The allocations published in the proposed rule were based on final 
fishing year 2020 sector rosters because we had not yet received 
preliminary rosters for the 2021 fishing year. The deadline for 
preliminary sector roster submissions for fishing year 2021 was March 
8, 2021. The ACE allocated to each sector has been updated in the final 
rule to reflect preliminary sector enrollment for the 2021 fishing 
year.
    There are no other changes from the proposed measures.

Classification

    NMFS is issuing this rule pursuant to sections 304(b)(1)(A) and 
305(d) of the Magnuson-Stevens Act. This action amends the regulations 
to clearly implement the use of EM to meet sector monitoring 
requirements as allowed by the Northeast Multispecies FMP. These 
adjustments are necessary to implement the FMP in accordance with the 
Magnuson-Stevens Act. The NMFS Assistant Administrator has determined 
that this final rule is consistent with the Northeast Multispecies FMP, 
other provisions of the Magnuson-Stevens Act, and other applicable law.
    There is good cause pursuant to 5 U.S.C. 553(d)(3) to waive the 30-
day delay in effective date for this final rule. This action approves 
fishing years 2021 and 2022 operations plans for 16 groundfish sectors 
in the Northeast multispecies fishery and allocates ACE for fishing 
year 2021. This rulemaking was delayed by the sector roster deadline 
(March 8, 2021). We must have preliminary sector rosters for the 
upcoming fishing year in order to allocate preliminary ACE to sectors. 
Sectors are prohibited from fishing without an approved operations plan 
and ACE allocations, as such, timely implementation is necessary to 
ensure that sectors may fish at the start of the 2021 fishing year on 
May 1, 2021. If sectors were prohibited from fishing while waiting for 
the rule to take effect, there would be significant disruption to the 
fishery along with negative economic impacts, thus undermining the 
intent of the rule. The approval of sector operations plans occurs 
annually in accordance with regulations implementing Amendment 16 to 
the Northeast Multispecies FMP. Industry members and other stakeholders 
are aware of and familiar with these proceedings and expect them to 
occur in a timely manner.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final rule does not contain a change to a collection of 
information requirement for purposes of the Paperwork Reduction Act of 
1995. The existing collection of information requirements would 
continue to apply under the following OMB Control Number(s): 0648-0605; 
Northeast Multispecies Amendment 16.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: April 26, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons stated in the preamble, 50 CFR part 648 is amended 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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


0
2. In Sec.  648.2, add definitions for ``electronic monitoring data,'' 
``raw,'' and ``video reviewer'' in alphabetical order to read as 
follows:


Sec.  648.2  Definitions.

* * * * *
    Electronic monitoring data means the data that are created in the 
collection of fishery-dependent data by electronic monitoring systems 
during fishing operations, including the video, images, and other 
sensor data, as well as the metadata that provides information (e.g., 
trip sail date, vessel information) about the raw data.
* * * * *
    Raw, with respect to electronic monitoring, means the original, 
unaltered video footage, images, and other sensor data collected by an 
electronic monitoring system.
* * * * *
    Video reviewer means any electronic monitoring service provider 
staff approved/certified by NMFS for providing electronic monitoring 
video review services consistent with electronic monitoring program 
requirements.
* * * * *

0
3. In Sec.  648.14, revise paragraph (k)(14)(x) and add paragraphs 
(k)(14)(xii) and (xiii) to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (k) * * *
    (14) * * *
    (x) Leave port to begin a trip before an at-sea monitor has arrived 
and boarded the vessel if assigned to carry an at-sea monitor for that 
trip, or without an operational electronic monitoring system installed 
on board, as specified in Sec.  648.87(b)(5)(iii)(A).
* * * * *
    (xii) Fail to comply with the electronic monitoring system 
requirements as specified in Sec.  684.87(b)(5)(iii)(A)(2).
    (xiii) Fail to comply with the vessel monitoring plan requirements 
as specified in Sec.  648.87(b)(5)(iii)(A)(3).
* * * * *

0
4. In Sec.  648.87:
0
a. Revise paragraphs (b)(1)(v)(B) introductory text, (b)(1)(v)(B)(1) 
introductory text, (b)(4) introductory text, (b)(4)(i)(D) through (J), 
(b)(4)(ii) introductory text, (b)(4)(ii)(A)(6), (b)(4)(ii)(B) through 
(D), (b)(4)(ii)(G), and (b)(4)(ii)(H)(1);
0
b. Add paragraphs (b)(4)(ii)(H)(4) and (b)(4)(iv); and
0
c. Revise paragraphs (b)(5)(iii)(A), (b)(5)(iii)(B)(2), and 
(b)(5)(iv)(B).

[[Page 22909]]

    The revisions and additions read as follows:


Sec.  648.87  Sector allocation.

* * * * *
    (b) * * *
    (1) * * *
    (v) * * *
    (B) Independent third-party monitoring program. A sector must 
develop and implement an at-sea or electronic monitoring program that 
is satisfactory to, and approved by, NMFS for monitoring catch and 
discards and utilization of sector ACE, as specified in this paragraph 
(b)(1)(v)(B). The primary goal of the at-sea/electronic monitoring 
program is to verify area fished, as well as catch and discards by 
species and gear type, in the most cost-effective means practicable. 
All other goals and objectives of groundfish monitoring programs at 
Sec.  648.11(l) are considered equally-weighted secondary goals. The 
details of any at-sea or electronic monitoring program must be 
specified in the sector's operations plan, pursuant to paragraph 
(b)(2)(xi) of this section, and must meet the operational standards 
specified in paragraph (b)(5) of this section. Electronic monitoring 
may be used in place of at-sea monitors if the technology is deemed 
sufficient by NMFS for a specific trip type based on gear type and area 
fished, in a manner consistent with the Administrative Procedure Act. 
The level of coverage for trips by sector vessels is specified in 
paragraph (b)(1)(v)(B)(1) of this section. The at-sea/electronic 
monitoring program shall be reviewed and approved by the Regional 
Administrator as part of a sector's operations plans in a manner 
consistent with the Administrative Procedure Act. A service provider 
providing at-sea or electronic monitoring services pursuant to this 
paragraph (b)(1)(v)(B) must meet the service provider standards 
specified in paragraph (b)(4) of this section, and be approved by NMFS 
in a manner consistent with the Administrative Procedure Act.
    (1) Coverage levels. Except as specified in paragraph 
(b)(1)(v)(B)(1)(i) of this section, any service provider providing at-
sea or electronic monitoring services required under this paragraph 
(b)(1)(v)(B)(1) must provide coverage that is fair and equitable, and 
distributed in a statistically random manner among all trips such that 
coverage is representative of fishing activities by all vessels within 
each sector and by all operations of vessels operating in each sector 
throughout the fishing year. Coverage levels for an at-sea or 
electronic monitoring program, including video review requirements, 
shall be specified by NMFS, pursuant to paragraph (b)(1)(v)(B)(1)(i) of 
this section, but shall be less than 100 percent of all sector trips. 
In the event that a NMFS-sponsored observer and a third-party at-sea 
monitor are assigned to the same trip, only the NMFS observer must 
observe that trip. If an at-sea monitor is assigned to a particular 
trip, a vessel may not leave port without the at-sea monitor on board. 
If a vessel is using electronic monitoring to comply with the 
monitoring requirements of this part, it may not leave port without an 
operational electronic monitoring system on board.
* * * * *
    (4) Independent third-party monitoring provider standards. Any 
service provider intending to provide at-sea/electronic monitoring 
services described in paragraph (b)(1)(v) of this section must apply to 
and be approved/certified by NMFS in a manner consistent with the 
Administrative Procedure Act. NMFS shall approve/certify service 
providers, at-sea monitors, or video reviewers as eligible to provide 
sector monitoring services specified in this part and can disapprove/
decertify service providers, individual at-sea monitors, or video 
reviewers through notice in writing to individual service providers/
monitors/video reviewers if the following criteria are no longer being 
met:
    (i) * * *
    (D) A statement, signed under penalty of perjury, from each owner, 
board member, and officer describing any criminal convictions, Federal 
contracts they have had, and the performance rating they received on 
the contract, and previous decertification action while working as an 
observer, at-sea monitor, or video reviewer; or as an observer, at-sea, 
or electronic monitoring service provider;
    (E) A description of any prior experience the applicant may have in 
placing individuals or monitoring equipment in remote field and/or 
marine work environments including, but not limited to, recruiting, 
hiring, deployment, equipment installation and maintenance, and 
personnel administration;
    (F) A description of the applicant's ability to carry out the 
responsibilities and duties of a sector monitoring service provider and 
the arrangements to be used, including whether the service provider is 
able to offer at-sea or electronic monitoring services;
    (G) Evidence of adequate insurance (copies of which shall be 
provided to the vessel owner, operator, or vessel manager, when 
requested) to cover injury, liability, and accidental death to cover 
at-sea monitors (including during training) and electronic monitoring 
staff who provide electronic monitoring services to vessels; vessel 
owner; and service provider. NMFS will determine the adequate level of 
insurance and notify potential service providers;
    (H) Proof of benefits and personnel services provided in accordance 
with the terms of each monitor's or electronic monitoring staff's 
contract or employment status;
    (I) Proof that the service provider's at-sea monitors or video 
reviewers have passed an adequate training course sponsored by the 
service providers to the extent not funded by NMFS that is consistent 
with the curriculum used in the current yearly NEFOP training course, 
unless otherwise specified by NMFS;
    (J) An Emergency Action Plan describing the provider's response to 
an emergency with any at-sea monitor or electronic monitoring staff, 
including, but not limited to, personal injury, death, harassment, or 
intimidation; and
* * * * *
    (ii) Service provider performance requirements. At-sea and 
electronic monitoring service providers must be able to document 
compliance with the following criteria and requirements:
    (A) * * *
    (6) For service providers offering catch estimation or at-sea or 
electronic monitoring services, a service provider must be able to 
determine an estimate of discards for each trip and provide such 
information to the sector manager and NMFS, as required by this 
section.
    (B) The service provider must ensure that at-sea monitors or video 
reviewers remain available to NMFS, including NMFS Office for Law 
Enforcement, for debriefing for at least 2 weeks following any 
monitored trip/offload or electronic monitoring trip report submission. 
Electronic monitoring service providers must ensure that electronic 
monitoring data and reports are retained for a minimum of 12 months 
after catch data is finalized for the fishing year. NMFS will notify 
providers of the catch data finalization date each year. The service 
provider must provide NMFS access to electronic monitoring data upon 
request;
    (C) The service provider must report possible at-sea or electronic 
monitoring staff harassment; discrimination; concerns about vessel 
safety or marine casualty; injury; and any information, allegations, or 
reports regarding at-sea or electronic monitoring staff conflict of 
interest or breach of the standards of behavior to NMFS and/or the 
sector manager, as specified by NMFS;

[[Page 22910]]

    (D) The service provider must submit to NMFS, if requested, a copy 
of each signed and valid contract (including all attachments, 
appendices, addendums, and exhibits incorporated into the contract) 
between the service provider and those entities requiring services 
(i.e., sectors and participating vessels) and between the service 
provider and specific dockside, roving, at-sea, or electronic 
monitoring staff;
* * * * *
    (G) With the exception of a service provider offering reporting, 
dockside, at-sea, or electronic monitoring services to participants of 
another fishery managed under Federal regulations, a service provider's 
owner(s), board member(s), and officers must not have a direct or 
indirect interest in a fishery managed under Federal regulations, 
including, but not limited to, fishing vessels, dealers, shipping 
companies, sectors, sector managers, advocacy groups, or research 
institutions and may not solicit or accept, directly or indirectly, any 
gratuity, gift, favor, entertainment, loan, or anything of monetary 
value from anyone who conducts fishing or fishing-related activities 
that are regulated by NMFS, or who has interests that may be 
substantially affected by the performance or nonperformance of the 
official duties of service providers;
    (H) * * *
    (1) At-sea monitor and other approved monitoring equipment 
deployment or video review levels, including the number of refusals and 
reasons for such refusals;
* * * * *
    (4) Electronic monitoring data and reports.
* * * * *
    (iv) Standards for individual electronic monitoring video 
reviewers. For an individual to be approved/certified as an electronic 
monitoring video reviewer, the service provider must demonstrate that 
each potential reviewer meets the requirements described in paragraphs 
(b)(4)(iii)(A), (B), (E), and (F) of this section.
* * * * *
    (5) * * *
    (iii) * * *
    (A) Vessel requirements--(1) Pre-trip notification. In addition to 
all other reporting/recordkeeping requirements specified in this part, 
to facilitate the deployment of at-sea monitors and electronic 
monitoring equipment pursuant to paragraph (b)(1)(v)(B)(1) of this 
section, the operator of a vessel fishing on a sector trip must provide 
at-sea/electronic monitoring service providers with at least the 
following information: The vessel name, permit number, trip ID number 
in the form of the VTR serial number of the first VTR page for that 
trip or another trip identifier specified by NMFS, whether a monkfish 
DAS will be used, and an estimate of the date/time of departure in 
advance of each trip. The timing of such notice shall be sufficient to 
allow ample time for the service provider to determine whether an at-
sea monitor or electronic monitoring equipment will be deployed on each 
trip and allow the at-sea monitor or electronic monitoring equipment to 
prepare for the trip and get to port, or to be installed on the vessel, 
respectively. The details of the timing, method (e.g., phone, email, 
etc.), and information needed for such pre-trip notifications shall be 
included as part of a sector's yearly operations plan. If a vessel has 
been informed by a service provider that an at-sea monitor or 
electronic monitoring equipment has been assigned to a particular trip 
pursuant to paragraph (b)(5)(iii)(B)(1) of this section, the vessel may 
not leave port to begin that trip until the at-sea monitor has arrived 
and boarded the vessel, or the electronic monitoring equipment has been 
properly installed.
    (2) Electronic monitoring system requirements. A vessel operator 
using electronic monitoring to meet sector monitoring requirements must 
ensure that the electronic monitoring system is operational for every 
trip, including:
    (i) Ensuring that the electronic monitoring system is operating, 
recording, and retaining the recording for the duration of every trip. 
A vessel must not fish without an operational electronic monitoring 
system recording and retaining the recording of activity onboard, 
unless issued a waiver by NMFS;
    (ii) Conducting a system check of the electronic monitoring system 
prior to departing on a fishing trip to ensure it is fully operational, 
including ensuring there is sufficient video storage capacity to retain 
the recording of the entire fishing trip;
    (iii) Ensuring camera views are unobstructed and clear, including 
ensuring lighting is sufficient in all circumstances to illuminate 
catch, so that catch and discards are visible and may be identified and 
quantified as required; and
    (iv) Ensuring that no person tampers with, disconnects, or destroys 
any part of the electronic monitoring system, associated equipment, or 
recorded data.
    (3)Vessel monitoring plan requirements for electronic monitoring 
vessels. A vessel must have a NMFS-approved vessel monitoring plan to 
meet sector monitoring requirements.
    (i) The vessel monitoring plan must be onboard the vessel at all 
times.
    (ii) The vessel operator and crew must comply with all catch 
handling protocols and other requirements described in the vessel 
monitoring plan, including sorting catch and processing any discards 
within view of the cameras and consistent with the vessel monitoring 
plan.
    (iii) Modifications to any vessel monitoring plan must be approved 
by NMFS prior to such vessel fishing under the conditions of the new 
vessel monitoring plan.
    (iv) A vessel owner or operator using electronic monitoring to meet 
sector monitoring requirements must submit all electronic monitoring 
data to the service provider in accordance with the electronic 
monitoring program requirements specified by NMFS.
    (v) A vessel owner or operator must make the electronic monitoring 
system, associated equipment, electronic monitoring data, or vessel 
monitoring plan available to NMFS for inspection, upon request.
* * * * *
    (B) * * *
    (2) At-sea/electronic monitoring report. A report detailing area 
fished and the amount of each species kept and discarded shall be 
submitted electronically in a standard acceptable form to the 
appropriate sector and NMFS within 48 hour of the completion of the 
trip, or as otherwise instructed by the Regional Administrator. The 
data elements to be collected and the format for submission shall be 
specified by NMFS and distributed to all approved at-sea/electronic 
monitoring service providers and sectors. At-sea/electronic monitoring 
data shall not be accepted until such data pass automated NMFS data 
quality checks.
    (iv) * * *
    (B) At-sea monitoring service provider requirements. An at-sea 
monitor must complete a pre-trip vessel safety checklist provided by 
NMFS before an at-sea monitor can leave port onboard a vessel on a 
sector trip. If the vessel fails a review of safety issues pursuant to 
this paragraph (b)(5)(iv)(B), an at-sea monitor cannot be deployed on 
that vessel for that trip.
* * * * *
[FR Doc. 2021-08998 Filed 4-29-21; 8:45 am]
BILLING CODE 3510-22-P