[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Rules and Regulations]
[Pages 55525-55527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21754]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210930-0203]
RIN 0648-BK80


Fisheries Off West Coast States; Effective Dates of West Coast 
Groundfish Electronic Monitoring Program

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

ACTION: Interim final rule; request for comments.

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SUMMARY: This interim final rule revises regulations to delay 
implementation of the Electronic Monitoring (EM) Program for the West 
Coast Groundfish Trawl Rationalization Program. This action will delay 
implementation of the EM

[[Page 55526]]

program until at least January 1, 2024. This change will provide 
additional time for industry and prospective service providers to 
prepare for implementation. The change is expected to strengthen 
Pacific Fishery Management Council and industry support for the EM 
program and may increase participation when the EM program is 
implemented.

DATES: Effective October 6, 2021 Comments must be received by November 
5, 2021.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2021-0089 by any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal.
    Go to https://www.regulations.gov and enter NOAA-NMFS-2021-0089 in 
the Search box, click the ``Comment'' icon, complete the required 
fields, and enter or attach your comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

Electronic Access

    This interim final rule is accessible at the Office of the Federal 
Register website at https://www.federalregister.gov. Background 
information and documents are available at the NMFS West Coast Region 
website at: https://www.fisheries.noaa.gov/region/west-coast and at the 
Pacific Fishery Management Council's website at http://www.pcouncil.org/groundfish/fishery-management-plan/groundfish-amendments-in-development/.

FOR FURTHER INFORMATION CONTACT: Colin Sayre, phone: 206-526-4656, or 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On June 28, 2019 (84 FR 31146), at the recommendation of the 
Pacific Coast Fishery Management Council (Council), NMFS published a 
final rule that authorized the use of EM in place of human observers to 
meet requirements for 100-percent at-sea monitoring for catcher vessels 
in the groundfish trawl catch share fishery (Trawl Rationalization 
Program). EM video systems are used to record catch and discards by the 
vessel crew while at sea. Vessel operators are responsible for 
recording catch and discards in a logbook, which is then used to debit 
individual fishing quota (IFQ) accounts and cooperative allocations. 
After an EM vessel completes a fishing trip, the vessel operator 
submits the video data to their third-party EM service provider for 
analysis to be used to audit the vessel operator's self-reported 
discard logbooks. The June 2019 final rule established requirements for 
vessel owners and operators and EM service providers participating in 
the EM program, and for first receivers receiving catch from EM trips. 
The June 2019 rule had an implementation date of January 1, 2021.
    At its June 2020 meeting, the Council recommended a delay in 
program implementation until January 1, 2022. The Council wanted to 
provide more time for industry and the Pacific States Marine Fisheries 
Commission (PSMFC) to develop a model for industry to fund PSMFC for 
review of video from their fishing trips. NMFS published a subsequent 
proposed rule (85 FR 53313; August 28, 2020) and final rule (85 FR 
74614; November 23, 2020) that delayed implementation of the EM program 
until January 1, 2022 to provide additional time for industry and 
prospective service providers to prepare for implementation. PSMFC has 
been reviewing video data from the experimental EM Exempted Fishing 
Permit (EFP) program, funded by NMFS, since 2015. The Council 
recommended this delay, and NMFS implemented it, in order to increase 
industry buy-in and for success of the EM program at reducing 
monitoring costs for the fishery.
    At the June 2021 meeting, the Council discussed delaying 
implementation of all EM program regulations until at least January 1, 
2023. The Council and the industry have expressed interest in 
developing a mechanism for the industry to fund video review and 
storage by PSMFC, and reducing concerns regarding confidentiality and 
Federal record retention. The Council subsequently transmitted a letter 
to NMFS recommending a delay in implementation of the EM program 
regulations and extending the EM EFPs. At its September 2021 meeting, 
the Council made a final recommendation that the EM program be delayed 
until January 2024 at the earliest. NMFS is implementing this 
recommendation through this interim final rule.
    NMFS has already received applications from prospective companies 
interested in obtaining an EM service provider permit for 2022. NMFS 
intends to consider any permit applications already received when the 
permanent program begins. Any applications for EM service provider 
permits or EM Authorizations received by NMFS prior to October 6, 2021 
will be considered for future approval when the EM program becomes 
effective. When reviewing these applications, NMFS will issue a 
determination on whether it is necessary for applicants to submit 
updated or additional application materials.

Summary of Regulations

    This action amends Sec.  660.603(b), which describes EM provider 
permits and responsibilities, and Sec.  660.604(e), which describes 
vessel and first receiver responsibilities. This interim final rule 
removes the specific dates by which NMFS will begin accepting EM 
service provider and EM Authorization permit applications for the 2022 
fishing year. These dates were, respectively, May 1, 2021, and 
September 1, 2021. This rule will instead create a notification 
provision through which NMFS will provide public notice at least 90 
days prior to the date on which it would begin accepting initial 
applications. As noted above, NMFS has already received several EM 
service provider permit applications and will consider and review these 
applications, in addition to any new applications, when the program is 
fully implemented. Upon review NMFS will make a determination regarding 
the status of each application and may request updated or additional 
information as necessary.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this interim final 
rule is consistent with the Pacific Coast Groundfish Fishery Management 
Plan, other provisions of the Magnuson-Stevens Act, and other 
applicable law.
    The Assistant Administrator for Fisheries finds that, pursuant to 5 
U.S.C. 553(b)(3)(B), there is good cause to waive prior notice and an 
opportunity for public comment on this action, as notice and comment 
would be impracticable, unnecessary, or contrary to the public 
interest. Under this section, an agency, upon finding good cause, may 
issue a final rule without seeking comment prior to the

[[Page 55527]]

rulemaking. This action has critical timing needs. The regulatory 
changes under this action must be in place prior to January 1, 2022, 
which is the current effective date of EM program regulatory 
requirements. If these changes are not in place before that date, NMFS 
would need to expend limited agency resources to temporarily implement 
the program (i.e., process, review and issue permits) until the 
rulemaking is completed. Additionally, the regulatory changes under 
this action must be published in advance of the January 1, 2022 
effective date to ensure sufficient time to notify EM service providers 
and vessels potentially seeking to submit applications for EM 
authorizations for the 2022 fishing year about changes to the program. 
This advance notice will allow the EM service providers and vessels to 
better plan for the 2022 fishing year and avoid them committing time 
and resources to a program that will be delayed for at least two years. 
This action would change the effective date until such time as 
determined appropriate by NMFS and the Council to fully implement the 
EM program, no earlier than January 1, 2024. For these reasons, NMFS 
finds good cause exists to issue this interim final rule without 
advance notice in a proposed rule or 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.
    Although NMFS is waiving prior notice and opportunity for public 
comment, we are requesting comments on this interim final rule until 
November 5, 2021. NMFS encourages the public to participate in this 
rulemaking by submitting comments containing relevant information, 
data, or views. This interim final rule may be amended based on 
comments received. Please see ADDRESSES for more information on the 
ways to submit comments.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    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.
    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): 0648-0785, 
West Coast Region Groundfish Trawl Fishery Electronic Monitoring 
Program.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian Fisheries.

    Dated: September 30, 2021.
Samuel D. Rauch, III,
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.  660.603, revise paragraph (b) introductory text to read as 
follows:


Sec.  660.603  Electronic monitoring provider permits and 
responsibilities.

* * * * *
    (b) Provider permits. To be an EM service provider, a person must 
obtain an EM service provider permit and endorsement by submitting an 
application to the NMFS West Coast Region Fisheries Permit Office. NMFS 
will issue a public notice at least 90 calendar days prior to when it 
will begin accepting applications for EM service provider permits for 
the first year of the Program. A person may meet some requirements of 
this section through a partnership or subcontract with another entity, 
in which case the application for an EM service provider permit must 
include information about the partnership. Once NMFS begins accepting 
applications, if a new EM service provider, or an existing EM service 
provider seeking to deploy a new EMS or software version, submits an 
application by June 1, NMFS will issue a new permit by January 1 of the 
following calendar year. Applications submitted after June 1 will be 
processed as soon as practicable. NMFS will only process complete 
applications. Additional endorsements to provide observer or catch 
monitor services may be obtained under Sec.  660.18.
* * * * *

0
3. In Sec.  660.604 revise paragraph (e) introductory text to read as 
follows:


Sec.  660.604  Vessel and first receiver responsibilities.

* * * * *
    (e) Electronic Monitoring Authorization. To obtain an EM 
Authorization, a vessel owner must submit an initial application to the 
NMFS West Coast Region Fisheries Permit Office, and then a final 
application that includes an EM system certification and a vessel 
monitoring plan (VMP). NMFS will only review complete applications. 
NMFS will issue a public notice at least 90 calendar days prior to when 
it will begin accepting applications for EM Authorizations for the 
first year of the Program. Once NMFS begins accepting applications, 
vessel owners that want to have their EM Authorizations effective for 
January 1 of the following calendar year must submit their complete 
application to NMFS by October 1. Vessel owners that want to have their 
EM Authorizations effective for May 15 must submit their complete 
application to NMFS by February 15 of the same year.
* * * * *
[FR Doc. 2021-21754 Filed 10-5-21; 8:45 am]
BILLING CODE 3510-22-P