[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Proposed Rules]
[Pages 59109-59111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23261]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 211020-0214]
RIN 0648-BK73


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Pink Shrimp and Midwater Trawl 
Exemptions to Vessel Monitoring System Requirements for the West Coast 
Groundfish Fishery

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

ACTION: Proposed rule, request for comments.

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SUMMARY: NMFS proposes revisions to monitoring provisions that specify 
exemptions for non-groundfish trawl vessels participating in the 
Pacific coast pink shrimp fishery and for groundfish midwater trawl 
vessels. In a final rule on vessel movement, monitoring, and 
declaration management for the Pacific coast groundfish fishery 
published on June 11, 2020, vessels in the pink shrimp trawl fishery 
were incorrectly included with other open access non-groundfish trawl 
vessels that became subject to a higher position transmission rate on 
their NMFS type-approved vessel monitoring system (VMS) units. This 
proposed rule would correct the error and return the required 
transmission rate for vessels in the pink shrimp trawl fishery to once 
every 60 minutes, as recommended by the Pacific Fishery Management 
Council. This proposed rule would also correct a citation error in the 
VMS regulations with regards to exemptions for midwater trawl vessels, 
as well as a typographical error in the trawl fishery prohibitions.

DATES: Comments on this proposed rule must be received on or before 
November 26, 2021.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2021-0085, 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-2021-0085 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    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 the comments 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). Copies of the analytic document supporting this action, are 
available via the Federal eRulemaking Portal: https://www.regulations.gov, docket NOAA-NMFS-2021-0085, or by contacting the 
Pacific Fishery Management Council, 7700 NE

[[Page 59110]]

Ambassador Place, Suite 101, Portland, OR 97220-1384.

FOR FURTHER INFORMATION CONTACT: Matt Dunlap, Fishery Policy Analyst, 
206-526-6019, or [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On June 11, 2020, NMFS published a final rule on vessel movement, 
monitoring, and declaration management that revised reporting and 
monitoring provisions for vessels participating in the Pacific coast 
groundfish fishery (85 FR 35594). The rule increased the vessel 
position frequency to increase NMFS's ability to enforce fishing 
activity around restricted areas. The rule required an increase in the 
position transmission rate from once every 60 minutes to once every 15 
minutes for groundfish vessels using NMFS type-approved VMS units. This 
increase in frequency produces more course, location, and speed data to 
improve NMFS's ability to identify whether vessels are continuously 
transiting in restricted areas or not. While the Pacific Fishery 
Management Council (Council) discussed and recommended an exemption to 
the increased transmission rate for vessels fishing in the pink shrimp 
trawl fishery because this fishery is not currently subject to 
restricted fishing areas, the exemption for pink shrimp trawl vessels 
was inadvertently not included in the original proposed or final rule. 
This proposed rule would add the exemption to the increased ping rate 
for pink shrimp trawl vessels, as well as correct a citation error in 
the midwater trawl exemption paragraph at 50 CFR 660.14(d)(3)(ii)(B) 
and correct a typographical error in the prohibitions section of the 
trawl fishery regulations at 50 CFR 660.112(b)(1)(x).
    Between September 2014 and April 2016, the Council developed and 
considered management measures to address a range of vessel and gear 
movement issues and aggregated these issues under a single vessel 
movement monitoring agenda item. Additional details about the Council's 
considerations are included in the Council's analytical document (see 
ADDRESSES). The Council's public scoping document includes several 
references to making an exemption for the increase in ping rate for 
pink shrimp trawl vessels, specifically in Section 1.5.6.
    The Council noted that the pink shrimp fishery is currently 
required to maintain a VMS unit at a ping rate of one per hour; 
however, there are no closed areas for the pink shrimp trawl fishery. A 
vessel is required to declare the type of gear being used for each trip 
so enforcement can verify that the vessel is authorized to fish in the 
Rockfish Conservation Area. Therefore the Council decided that 
additional monitoring for vessels participating in the pink shrimp 
trawl fishery is not necessary.

Summary of the Proposed Changes

    This section discusses the regulatory revisions proposed by this 
rule that are expected to carry out the Council's recommendation. The 
proposed measures would:
     Restore the position transmission rate requirement of once 
every 60 minutes for vessels participating in the pink shrimp trawl 
fishery;
     Correct a citation in the ping rate exemption for midwater 
trawl fishing vessels; and
     Correct a typographical error in the prohibitions section 
of the trawl fishery regulations.
    These proposed revisions would relieve vessels participating in the 
pink shrimp fishery from the added burden of more frequent position 
transmissions, consistent with the Council's recommendation and would 
clarify a cross-citation from the previous rulemaking on this issue.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has made a preliminary determination that 
this proposed rule is consistent with the Pacific Coast Groundfish 
Fishery Management Plan (FMP), other provisions of the Magnuson-Stevens 
Act, and other applicable law. In making the final determination, NMFS 
will consider the data, views, and comments received during the public 
comment period.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866. As this rule is correcting an 
oversight in an earlier rule and would result in no change to the 
status quo for regulated entities, there are not expected to be any 
economic or regulatory impacts on these entities.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
Approximately 100 vessels would be impacted by this rule, all of whom 
would be considered small according to the size standard for commercial 
fishing businesses, with a median vessel revenue of $305,000. Because 
all directly regulated entities are small, these proposed regulations 
would not be expected to place small entities at a significant 
disadvantage to large entities. This action would also not be expected 
to significantly reduce profit or result in any change from the status 
quo for the approximately 100 vessels impacted by the rule. As a 
result, an initial regulatory flexibility analysis is not required and 
none has been prepared.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: October 20, 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 
proposed to be 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.  660.14, revise paragraph (d)(3)(ii)(B) and add paragraph 
(d)(3)(ii)(D) to read as follows:


Sec.  660.14  Vessel Monitoring System (VMS) requirements.

* * * * *
    (d) * * *
    (3) * * *
    (ii) * * *
    (B) Midwater trawl exemption. If a limited entry trawl vessel is 
fishing with midwater trawl gear under declarations in Sec.  
660.13(d)(4)(iv)(A), the mobile transceiver unit must transmit a signal 
at least once every hour.
* * * * *

[[Page 59111]]

    (D) Pink shrimp trawl exemption. If a vessel is fishing for pink 
shrimp using non-groundfish trawl gear under declarations in Sec.  
660.13(d)(4)(iv)(A), the mobile transceiver unit must transmit a signal 
at least once every hour.
* * * * *
0
3. In Sec.  660.112, revise paragraph (b)(1)(x) to read as follows:


Sec.  660.112   Trawl fishery--prohibitions.

* * * * *
    (b) * * *
    (1) * * *
    (x) Use midwater groundfish trawl gear outside the Pacific whiting 
IFQ fishery primary season dates as specified at Sec.  660.131(b).
* * * * *
[FR Doc. 2021-23261 Filed 10-25-21; 8:45 am]
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