[Federal Register Volume 88, Number 128 (Thursday, July 6, 2023)]
[Proposed Rules]
[Pages 43072-43078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14174]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230628-0158]
RIN 0648-BL69


Monitoring Requirements for Pot Catcher/Processors Participating 
in Bering Sea/Aleutian Islands Groundfish Fisheries

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 regulatory changes to revise the monitoring 
requirements for pot gear catcher/processors (CPs) participating in 
Bering Sea/Aleutian Islands (BSAI) groundfish fisheries. This action is 
needed to address management challenges created by observer data 
collection errors that have impacted catch estimates. This action would 
improve observer data collection by requiring participants to carry a 
Level 2 observer and comply with pre-cruise meeting notifications, and 
by requiring certification and testing standards for participants 
choosing any of the following voluntary monitoring options: providing 
observer sampling stations, installing motion-compensated platform and 
flow scales, and carrying additional observers on the vessel. 
Additionally, this action would change the location of existing 
monitoring regulations for longline CPs and halibut deck sorting by 
moving them under a single, new subpart within the regulations. This 
action promotes the goals and objectives of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), the 
Fishery Management Plan (FMP) for Groundfish of the BSAI Management 
Area, and other applicable laws.

DATES: Submit comments on or before August 7, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0085, 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-2022-0085 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
     Mail: Submit written comments to the Assistant Regional 
Administrator,

[[Page 43073]]

Sustainable Fisheries Division, Alaska Region NMFS. Mail comments to 
P.O. Box 21668, Juneau, AK 99802-1668.
     Fax: 907-586-7465; Attn: Assistant Regional Administrator, 
Sustainable Fisheries Division.
    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 copies of the Regulatory Impact Review (RIR; referred to 
as the Analysis) prepared for this action are available from 
www.regulations.gov or from the NMFS Alaska Region website at https://www.fisheries.noaa.gov/region/alaska.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to NMFS at the above address or to 
www.reginfo.gov/public/do/PRAMain. Find the particular information 
collections by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Mason Smith, 907-586-7228, 
[email protected].

SUPPLEMENTARY INFORMATION:

Authority for Action

    NMFS manages the groundfish fisheries in the exclusive economic 
zone (EEZ) of the BSAI under the FMP for Groundfish of the BSAI 
Management Area. The North Pacific Fishery Management Council (Council) 
prepared the FMP under the authority of the Magnuson-Stevens Act, 16 
U.S.C. 1801 et seq. Regulations governing U.S. fisheries and 
implementing FMPs appear at 50 CFR parts 600 and 679.

Background

    NMFS proposes to improve data collection by observers deployed by 
the North Pacific Observer Program for management of the BSAI pot CP 
sector by revising the existing monitoring requirements for the BSAI 
pot CP sector. At its February 2023 meeting, the Council took final 
action to recommend additional monitoring requirements for the BSAI pot 
CP sector. The following sections of this preamble describe: (1) the 
North Pacific Observer Program, (2) the BSAI pot CP sector, (3) the 
need for this action, (4) the elements of this proposed rule, and (5) 
the regulatory changes made by this proposed rule.

North Pacific Observer Program (Observer Program)

    The Observer Program is an integral component in the management of 
North Pacific fisheries. The Observer Program was created with the 
implementation of the Magnuson-Stevens Act in the mid-1970s and has 
evolved from primarily observing foreign fleets to observing domestic 
fleets, including the BSAI pot CP sector. Regulations at subpart E of 
50 CFR part 679 implement the Observer Program and prescribe how NMFS-
certified observers will be deployed on board vessels and in processing 
plants to obtain information necessary for the conservation and 
management of the groundfish and halibut fisheries off Alaska. The 
information collected by observers contributes to the best available 
scientific information used to manage the fisheries under the Magnuson-
Stevens Act.
    Observers collect biological samples and gather information on 
total catch, including bycatch and interactions with protected species. 
Fishery managers use data collected by observers to manage groundfish 
catch and bycatch limits established in regulation and to inform the 
development of management measures that minimize bycatch and reduce 
fishery interactions with protected resources. Scientists use observer-
collected data for stock assessments and marine ecosystem research.

Bering Sea/Aleutian Islands Pot CP Sector

    The BSAI pot CP sector is managed in part under the License 
Limitation Program (LLP), which requires an LLP license endorsed for 
the directed fishing of groundfish in the BSAI. The LLP was recommended 
by the Council and approved and implemented by NMFS to address concerns 
of excess fishing capacity, and it limits the number, size, and 
specific operation of vessels deployed in the groundfish fisheries in 
the EEZ off Alaska (63 FR 52642, October 1, 1998; 50 CFR 679.4(k)(4)). 
The pot CP sector targets primarily Pacific cod using pot gear with 
single lines. Each vessel is currently required to deploy a certified 
observer to monitor their fishing activity. The BSAI pot CP sector is 
relatively small, with eight LLP licenses holding endorsements to fish 
for Pacific cod with pot gear in the Bering Sea (BS) or Aleutian 
Islands (AI), and only six of which were active in 2022. Pacific cod 
seasons in the BSAI are often short, lasting approximately 1 to 2 weeks 
during the A season (beginning January 1) and the B season (beginning 
September 1) in recent years. The fast pace of fishing with single pot 
gear, high sampling workload, and the need for close communication 
between the captain and observer make the BSAI pot CP sector one of the 
most difficult fisheries for the Observer Program to sample. This 
sector is separate from CPs using pot gear for the groundfish Community 
Development Quota (CDQ) Program (63 FR 30381, June 4, 1998), and this 
action would not change any aspects of the groundfish CDQ regulations 
(50 CFR 679.32). The CDQ Program allocates a percentage of BSAI quotas 
for groundfish, prohibited species, halibut, and crab to eligible 
communities. The CDQ program, which was established to provide eligible 
western Alaska villages with the opportunity to participate and invest 
in BSAI fisheries and to support the economic development of local 
economies in western Alaska, already requires the same or stricter 
provisions as those proposed for the non-CDQ pot CP sector in this 
action.

Need for This Action

    Observer data is NMFS' preferred source of information for 
estimating catch and discards in the BSAI pot CP fishery. Observer data 
is used by NMFS for inseason management in near real time, making it 
imperative that this data is as complete and accurate as possible. 
Currently, NMFS' management of the BSAI pot CP fishery is difficult due 
to a high rate of observer data loss, either by deletion by the 
Observer Program due to flawed data collection, or by observers failing 
to collect data in the first place.
    Observer data collection in the BSAI pot CP fishery is based on a 
random sampling design of units (e.g., pots) of fishing effort. The 
sampling frame, which is the list of units from which the random 
selections will be sampled, for pot vessels can be difficult to define 
if pots are pulled out of order or in a varied way, which can be a 
frequent occurrence under rough seas. Additionally, the fast pace of 
pot CP fishing creates a high sampling workload for the observer and 
increases the need for close communication between that observer and 
the vessel captain and crew to ensure that the correct pots are 
sampled, which can be challenging for first or second-time observers.

[[Page 43074]]

    Across all sectors, data deletions (i.e., unusable data) are 
strongly correlated with inexperienced observers, with the majority of 
deletions occurring from trips on an observer's first or second 
contract (see Section 2.1 of the Analysis). Although pot CPs are one of 
the more challenging deployments for observers, the BSAI pot CP fishery 
is one of the only CP sectors in the full coverage (100 percent of 
trips observed) category that does not require a Lead Level 2 (LL2) 
deployment endorsement. LL2 deployment endorsements can only be 
obtained by an observer after they complete 2 cruises (contracts) of at 
least 10 days each, sample 30 sets of nontrawl gear, and successfully 
complete LL2 training or briefings. Because a LL2 observer deployment 
is not currently required in the BSAI pot CP fishery, there is a high 
rate of first-time observers being assigned to BSAI pot CP vessels. 
This has compounded the issues with data deletions in the fishery by 
creating a revolving scenario of new observers being assigned to these 
vessels each year. This action, which would require BSAI pot CP 
participants to carry at least one Level 2 observer at all times, is 
needed to ensure the deployment of experienced observers on BSAI pot CP 
vessels. Doing so would reduce the likelihood of data collection errors 
or deletion and total loss of data. A Level 2 endorsement is one step 
below a LL2 endorsement and can be obtained by an observer after they 
complete the initial observer certification, sample 60 data collection 
days, and successfully meet expectations on their most recent cruise 
(50 CFR 679.53(a)(5)(iv) and (v)).
    Observer sampling on a pot CP vessel requires close communication 
between the observer and vessel captain. Because observers use a 
sampling design based on units of fishing effort, creating the sampling 
frame needed for random samples on pot vessels can be difficult to 
define if pots are pulled out of order or in a varied way. A pre-cruise 
meeting would provide an opportunity for Alaska Fisheries Science 
Center Fisheries Monitoring and Analysis Division staff to participate 
in a conversation between the vessel crew and a newly assigned observer 
prior to embarking on a trip. This would allow Alaska Fisheries Science 
Center Fisheries Monitoring and Analysis Division staff to clarify 
expectations and provide knowledgeable advice about anticipated 
sampling scenarios that an observer may encounter at sea and to better 
prepare the observer and the crew to work collaboratively and develop 
clear communication strategies. This action is necessary to ensure 
proper sampling design, which in turn will reduce data deletions 
attributable to sampling design defects.
    Accurate observer haul estimates are important to the BSAI pot CP 
sector, as well as to NMFS. Participants in the BSAI pot CP fishery 
have expressed concern with observer haul estimates compared to vessel 
production weights. Precise haul estimates are important to the sector 
for catch accounting during their short seasons, which are typically 
only a few weeks long. To obtain total haul weight estimates, observers 
measure the weights of fish from a set of randomly sampled pots within 
a haul, which are later extrapolated to the total numbers of fish 
tallied for that haul. NMFS has received feedback and inquiries from 
several active vessels about adding observer coverage, workstations, 
and scales to address concerns about extrapolated estimates. Due to the 
fast pace of fishing and high workload, observers must carefully plan 
to ensure they adequately sample each randomly selected pot. This 
action would authorize vessels to voluntarily provide a second observer 
to allow more pots to be sampled, resulting in potentially greater 
precision for total haul estimates. This action would additionally 
authorize vessels to voluntarily provide observer workstations with a 
motion-compensated platform (MCP) scale, as well as a NMFS-approved 
flow scale to measure the total haul weight of Pacific cod. Observer 
workstations may increase precision by providing an improved workspace 
for storing fish in an observer's sample and providing dedicated space 
to collect data, and the motion-compensated scales may provide more 
rapid and accurate weigh information. A NMFS-approved scale to measure 
the total haul weight of Pacific cod may reduce errors by eliminating 
the need to extrapolate the total numerical estimate of Pacific cod 
catches from the weighed samples. The BSAI pot CP fishery is currently 
not required to provide an observer workstation or measure total haul 
weights of Pacific cod on a NMFS-approved scale. Some vessels already 
have this equipment installed due to their participation in other 
fisheries requiring such equipment. However, regulations are needed to 
ensure proper testing and maintenance of the equipment for its use in 
this BSAI pot CP fishery.
    The problems with data deletion in the BSAI pot CP fishery are 
compounded by the fishery's small number of participants and its short 
seasons. Since at least 2014, whenever deletion of observer data has 
occurred in the fishery due to data collection errors, it has resulted 
in substantial changes to the estimates of catch and bycatch. Due to 
the short (1 to 2 week) BSAI Pacific cod seasons, each vessel may have 
only one individual observer who stays onboard for the entire season. 
In these cases, if data collected by the observer is deleted or changed 
during the post-season debriefing process, it can result in the loss of 
data for an entire vessel during that season. Since 2011, there have 
been 12 instances in which nearly all deployment data collected on 
board a pot CP vessel was deleted; 10 of those instances involved an 
observer on their first or second contract. With only six active 
vessels during this time period, any deletion of or change in data from 
a vessel had a disproportionately large effect on catch estimates 
compared to the effect of data loss or change in data in fisheries with 
larger fleets. In some cases in the BSAI pot CP fisheries, data changes 
after the season closure led to a near doubling of harvest estimates. 
Since 2011, the sector's utilization of total allowable catch (TAC) has 
ranged from 80-119 percent, and imprecise catch estimates could result 
in a TAC overage or TAC remaining that could otherwise have been 
harvested.
    The regulatory changes to monitoring requirements proposed in this 
action are intended to reduce the likelihood of data loss on BSAI pot 
CP vessels by ensuring only experienced observers are deployed on BSAI 
pot CP vessels and ensuring effective collaboration between the 
observer and the captain and crew. This action additionally provides 
three voluntary monitoring options for pot CP vessels to install 
equipment or implement operational requirements that may further 
improve the precision of observer data. In February 2023, the Council 
took final action to recommend the suite of measures in this action. In 
the description below, the regulatory changes in this action are 
organized into two required elements (elements 1 and 2) and an optional 
element (element 3).

This Proposed Rule

    This action would require participants to carry at least one Level 
2 observer deployed at all times, require participants to comply with 
pre-cruise meeting notifications, and require certification and testing 
standards for participants choosing any of the following voluntary 
monitoring options: providing observer sampling stations, installing 
motion-compensated platform and flow scales, and carrying additional 
observers on board vessel.

[[Page 43075]]

    This proposed rule, if adopted, would restructure subpart I and 
subpart K of 50 CFR part 679 to combine three sets of regulations under 
a single subpart, as follows: (1) existing regulations for longline 
CPs; (2) this action's proposed regulations for pot CPs; and (3) those 
CPs and motherships participating in the halibut deck sorting program. 
This restructuring would make no substantive changes to the regulatory 
requirements for longline CPs or the halibut deck sorting program, but 
is necessary to streamline similar monitoring regulations for CPs and 
motherships to provide the public easier access to the regulations. 
This proposed rule, if adopted, would revise subpart I, which currently 
applies only to equipment and operational requirements for the longline 
catcher/processor subsector, so that subpart I will also apply to the 
equipment and operational requirements for pot CPs and for CPs and 
motherships participating in the halibut deck sorting program. This 
proposed rule, if adopted, would change the title of Sec.  679.100 
(from the current title, ``Applicability'') to ``Longline Catcher/
Processor Subsector,'' would change the title of subpart I (from the 
current title of ``Equipment and Operational Requirements for the 
Longline Catcher/Processor Subsector'') to ``Additional Equipment and 
Operational Requirements for Motherships and Catcher/Processors,'' and 
would change all references to existing subpart I to new Sec.  679.100. 
The regulations for the halibut deck sorting program, which are 
currently found at Sec.  679.120 (entitled ``Halibut deck sorting'') in 
subpart K (similarly entitled ``Halibut Deck Sorting''), would be moved 
to subpart I and redesignated as Sec.  679.102, with no other changes. 
As described further below, revised subpart I would also include new 
Sec.  679.101, which would contain the new proposed pot CP monitoring 
requirements and which would be entitled, ``Catcher/processors using 
pot gear for groundfish fishing.'' In conclusion, these changes are 
intended to streamline and provide the public easier access to the 
regulations by placing similar monitoring regulations for CPs and 
motherships together.
    This proposed rule includes three new regulatory elements for the 
pot CP sector. The first element would add paragraph (G) in Sec.  
679.51(a)(2)(vi) to require a minimum of one Level 2 observer on board 
a CP vessel using pot gear subject to Sec.  679.101(a) at all times. 
These changes are intended to reduce the likelihood of fisheries data 
loss by ensuring experienced observers are deployed on board pot CP 
vessels. In addition, paragraph Sec.  679.53(a)(5)(iv) (which states 
when a Level 2 endorsement is required) would be revised to add a 
reference to the new Sec.  679.51(a)(2)(vi)(G) requirement.
    The second element of this proposed rule, if adopted, would add 
subsection (a) in new Sec.  679.101 to define the applicability of the 
proposed regulations to the owner and operator of a vessel named on an 
LLP license with a Pacific cod CP pot gear endorsement in the Bering 
Sea, Aleutian Islands, or both. In addition, this proposed rule would 
add paragraph (b) in new Sec.  679.101 to require that vessels provide 
pre-cruise notification at least 24 hours prior to departure when the 
vessel will be carrying an observer who has not been deployed on that 
vessel within the last 12 months. In addition, when a pre-cruise 
meeting is requested by NMFS, the meeting must include the vessel 
operator or manager and the observers assigned to that vessel. The 
proposed changes are intended to reduce the likelihood of data loss by 
ensuring effective communication and collaboration between the 
observer(s) and the captain and crew.
    The third element of this proposed rule, if adopted, would add 
paragraph (c) in new Sec.  679.101 applicable to three additional 
voluntary monitoring options for pot CPs. The owner or operator of a 
vessel subject to this new section may choose any, all, or none of 
three voluntary monitoring options: (1) providing a certified observer 
sampling station with a NMFS-approved MCP scale for observer use; (2) 
installing a motion-compensated, NMFS-approved scale to measure the 
total catch of Pacific cod, in conjunction with an MCP scale for 
testing, electronic logbook, and video monitoring; and (3) carrying 
additional on-board observers. Each of these options are explained in 
further detail in the following sections.

Observer Sampling Station Option

    The vessel operators would have the option to choose to install an 
observer sampling station in accordance with the specifications and 
requirements in Sec.  679.28(d), including a working area of 4.5 square 
meters, a work table, and a MCP scale, all in proximity to where the 
observer can see gear retrieved and obtain fish samples (see Section 
2.2.3.1 of the Analysis). An observer sampling station provides an 
organized work space and higher precision equipment for observer use 
that would improve observer data collection; however, installation of 
an observer sampling station can be costly. Section 679.101(c)(1) of 
this proposed rule would apply if a vessel operator chooses to install 
an observer sampling station.
    Observer sampling stations provide observers with a low traffic 
area, in close proximity to the catch, where there is adequate space 
and the equipment needed to most effectively sample. An MCP scale 
compares the weight of fish to a reference weight at least 60 times per 
second, allowing the scale to compensate for the motion of the vessel, 
which can otherwise cause an inaccurate weight reading (see Section 
2.2.3.1 of the Analysis). An MCP scale can be read to the hundredth of 
a kilogram, providing higher precision than the tenth of a kilogram 
reading obtained by the NMFS-issued brass scales or hanging Salter 
scale (see Section 2.2.3.1 of Analysis). Like all scales used by 
observers, an MCP scale must be selected from the list of approved 
scales published by NMFS Alaska Region (https://www.fisheries.noaa.gov/alaska/resources-fishing/scales-approved-use-sea). This option could be 
selected by obtaining an Observer Sampling Station Inspection Report as 
detailed in Sec.  679.28(d)(10)(iii), and the MCP scale would remain in 
place for the 12-month duration approved in the Observer Sampling 
Station Inspection Report.

At-Sea Catch Weighing Option

    This proposed rule includes proposed regulations at Sec.  679.101 
to authorize use of a motion-compensated, NMFS-approved total weight 
scale, such as a flow or hopper scale, to measure total catch of 
Pacific cod, in conjunction with an MCP scale for testing, electronic 
logbook, and video monitoring. This would authorize the use of a 
motion-compensated, NMFS-approved scale to measure total catch of 
Pacific cod weight, which may include flow scales or hopper scales 
certified on a case-by-case basis (see Section 2.2.3.2 of Analysis). 
Use of a NMFS-approved scale to measure total catch of Pacific cod 
would simplify observer data collection of Pacific cod total haul 
weights on pot CP vessels and improve precision of catch estimates. 
Installation of a NMFS-approved scale can be costly, and therefore this 
proposed rule includes regulations that would apply if a vessel chooses 
to install this NMFS-approved MCP scale. With proper maintenance and 
testing, these types of haul-level measurements eliminate the 
uncertainty involved in estimating total catch using a randomized 
sample approach. If vessel operators choose to acquire such scales, 
they would be required to be maintained in accordance with the scale 
requirements at

[[Page 43076]]

Sec.  679.28(b) to ensure data quality. These requirements include an 
initial inspection, followed by annual re-inspections by a NMFS-staff 
scale inspector. Additionally, daily testing by the vessel operator in 
the presence of an observer would be required for each calendar day the 
scale is used at sea. In this testing, scales must perform within 3 
percent of test weights using a NMFS-approved and certified MCP scale. 
(Also see additional description of this testing under the discussion 
of option 1 of element 3 in the Analysis.) Finally, vessels choosing 
this option would be required to record test results through an 
electronic logbook, and use video to monitor the flow of catch and 
ensure no scale tampering has occurred; these recording and monitoring 
requirements would be similar to the requirements of the BSAI Pacific 
cod hook-and-line fishery (79 FR 68610, November 18, 2014). This option 
could be selected by obtaining a Scale Inspection Report as detailed in 
Sec.  679.28(b)(2)(vii) and if selected, the option would remain in 
place for the 12-month duration approved in the Scale Inspection 
Report.

Additional Observer Option

    This proposed rule, if adopted, would add language in subsection 
(c) of new Sec.  679.101 and in Sec.  679.51(a)(2)(vi) to authorize a 
vessel to choose to carry additional onboard observers. Carrying an 
additional observer could reduce the likelihood of data loss. The 
addition of observers may reduce observer workload and could allow 
observers to support and advise each other about their collection 
duties, and, therefore, potentially could lead to fewer data collection 
errors and to an increase the amount of samples conducted. This option 
is already allowed under existing monitoring provisions (Sec.  679.51) 
that allow a vessel to choose to contract with an observer provider to 
carry more than one observer. This proposed rule, if adopted, would add 
provisions that expressly authorize and apply to the practice of 
voluntarily adding observers. If a vessel chooses this option, one 
observer would be required to meet the Level 2 endorsement requirement 
in this proposed rule.

Classification

    NMFS is issuing this proposed rule pursuant to section 304(b)(1)(A) 
and 305(d) of the Magnuson-Stevens Act. This proposed action is 
necessary for implementation of the BSAI FMP because the monitoring 
requirements in this action are expected to improve the quality of the 
data that is needed to administer the fishery management programs 
implemented under this FMP. The NMFS Assistant Administrator has 
determined that this proposed rule is consistent with the FMP, other 
provisions of the Magnuson-Stevens Act, and other applicable laws, 
subject to further consideration of comments received during the public 
comment period.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    A Regulatory Impact Review (RIR or Analysis) was prepared to assess 
the costs and benefits of available regulatory alternatives. A copy of 
this Analysis is available from NMFS (see ADDRESSES). NMFS is 
recommending this proposed rule based on those measures that maximize 
net benefits to the Nation.
    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.
    The factual basis for this determination is described as follows. 
This proposed rule, if adopted, would directly regulate the owners and 
operators of CPs participating in BSAI groundfish fisheries using pot 
gear. This action would require participants to carry at least one 
Level 2 observer deployed at all times, and would require participants 
to comply with pre-cruise meeting notifications. This action also would 
require certification and testing standards for participants choosing 
any of the following additional, voluntary monitoring options: 
providing observer sampling stations, installing motion-compensated 
platform and flow scales, and carrying additional observers on vessel. 
For Regulatory Flexibility Act (RFA) purposes only, the National Marine 
Fisheries Service (NMFS) established a small business size standard for 
businesses, including their affiliates, whose primary industry is 
commercial fishing (see 50 CFR 200.2). A business primarily engaged in 
commercial fishing (NAICS code 11411) is classified as a small business 
if it is independently owned and operated, is not dominant in its field 
of operation (including its affiliates) and has combined annual 
receipts less than $11 million for all its affiliated operations 
worldwide. The RFA also requires consideration of affiliations between 
entities for the purpose of assessing whether an entity is classified 
as small. If business entities are affiliated, then the threshold for 
identifying small entities is applied to the group of affiliated 
entities rather than on an individual entity basis. NMFS has determined 
that vessels that are members of a fishing cooperative are affiliated 
when classifying them for purposes of the RFA.
    Of the six active vessels that held LLP licenses endorsed for 
Pacific cod CP pot landings in 2021, five vessels were affiliated with 
either a Bering Sea Crab Rationalization Program Cooperative or the 
Freezer Longline Conservation Cooperative. All of those cooperatives 
have 5-year (2017-2021) average gross annual revenues greater than $11 
million, and would therefore not be considered small entities for RFA 
purposes. The remaining vessel that was not affiliated with a fishing 
cooperative was affiliated with additional vessels, and the combined 
annual receipts of all of the affiliated vessels (using an average 
aggregated over the 5-year period of 2017-2021) exceeded the $11 
million threshold and therefore is not considered a small entity under 
the RFA.
    Based on this analysis, NMFS has determined there are no small 
entities affected by this proposed rule. Therefore, this action would 
not have a significant economic impact on a substantial number of small 
entities. As a result, an initial regulatory flexibility analysis is 
not required and none has been prepared.

Collection-of-Information Requirements

    This proposed rule contains collection-of-information requirements 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). This proposed rule, if 
adopted, would revise existing collection-of-information requirements 
for OMB Control Number 0648-0318 (North Pacific Observer Program), and 
revise and extend for 3 years existing collection-of-information 
requirements for OMB Control Numbers 0648-0330 (NMFS Alaska Region 
Scale and Catch Weighing Requirements) and 0648-0515 (Alaska 
Interagency Electronic Reporting System). However, because the 
collection of information authorized by 0648-0318 is concurrently being 
revised by a separate action, the revision to that collection of 
information for this proposed rule will be assigned a temporary control 
number that will later be merged into 0648-0318. The public reporting 
burden estimates for the collection-of-information requirements 
provided below include the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.

[[Page 43077]]

OMB Control Number 0648--TEMPORARY

    This proposed rule, if adopted, would revise the collection of 
information under OMB Control Number 0648-0318, associated with the 
North Pacific Observer Program. Due to a concurrent action for this 
collection, the collection-of-information requirements will be assigned 
a temporary control number that will later be merged into this control 
number. This proposed rule, if adopted, would require that the North 
Pacific Observer Program be notified by phone at least 24 hours prior 
to departure when a vessel will carry an observer who has not deployed 
on that vessel in the past 12 months. The public reporting burden per 
notification to the North Pacific Observer Program by phone is 
estimated to be 5 minutes.

OMB Control Number 0648-0330

    NMFS proposes to revise and extend by 3 years the existing 
requirements for OMB Control Number 0648-0330. This collection contains 
catch weighing and monitoring requirements for catch share programs in 
the BSAI and Gulf of Alaska. This collection would be revised to 
include two of the voluntary monitoring options for BSAI pot CPs: the 
option to provide a certified observer sampling station with a NMFS-
approved MCP scale for observer use; and the option to install a 
motion-compensated, NMFS-approved scale to measure the total catch of 
Pacific cod, in conjunction with an MCP scale for testing and video 
monitoring. This proposed rule would require testing and inspections of 
the observer sampling station and NMFS-approved scales. This proposed 
rule would not change the public reporting burdens for the collection-
of-information requirements under this control number. The public 
reporting burden per individual response is estimated to average 10 
minutes for the inspection request form for observer sampling stations, 
at-sea scales, and video monitoring systems; 1 minute for maintenance 
of observer sampling stations; 1 minute each for maintenance for hopper 
and flow scales; 2 minutes for observer notification of daily scale 
tests; 10 minutes each for the recording of daily flow scale tests and 
recording of daily hopper scale tests; 1 minute each for printed 
reports of catch and cumulative weight, the audit trail, the 
calibration log, and the fault log; 12 hours for installation of the 
video monitoring system; 1 minute for maintenance of the video 
monitoring system; 2 hours to submit the video monitoring data; 10 
minutes for notification of the Pacific cod monitoring option; 40 hours 
for the catch monitoring and control plan; and 16 hours for the crab 
monitoring plan.

OMB Control Number 0648-0515

    NMFS proposes to revise and extend by 3 years the existing 
requirements for OMB Control Number 0648-0515. This collection contains 
the landing reports, production reports, and logbooks submitted through 
the Alaska Interagency Electronic Reporting System, which provides the 
Alaska fishing industry with a consolidated, electronic means of 
reporting commercial fish and shellfish information to multiple 
management agencies through a single reporting system. This collection 
would be revised because one of the voluntary monitoring options would 
require use of an electronic logbook. This proposed rule, if adopted, 
would not change the public reporting burdens for the collection-of-
information requirements under this control number. The public 
reporting burden per individual response is estimated to average 15 
minutes for the electronic logbooks, 15 minutes to register for 
eLandings, 10 minutes for the shoreside processor production report, 20 
minutes for the at-sea production report, 10 minutes for the mothership 
landing report, 20 minutes for the out-of-state landing report, 30 
minutes each for the shoreside processors landing report and the 
catcher/processor landing report, 35 minutes for the tender landing 
report, and 1 hour each for the registered buyer landing report for 
individual fishing quota (IFQ)/community development quota (CDQ) and 
the registered crab receiver landing report for IFQ/CDQ.

Public Comment on Collection-of-Information Requirements

    NMFS seeks public comment regarding the following: (1) whether this 
proposed collection of information is necessary for the proper 
performance of the functions of the agency, including whether the 
information shall have practical utility; (2) the accuracy of the 
burden estimate; (3) ways to enhance the quality, utility, and clarity 
of the information to be collected; and (4) ways to minimize the burden 
of the collection of information, including through the use of 
automated collection techniques or other forms of information 
technology. Submit comments on these or any other aspects of the 
collections of information to NMFS Alaska Region (see ADDRESSES), or at 
www.reginfo.gov/public/do/PRAMain.
    Notwithstanding any other provision of law, no person is required 
to respond to, and no person shall be subject to penalty for failure to 
comply with, a collection of information subject to the requirements of 
the PRA, unless that collection of information displays a currently 
valid OMB control number.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.


    Dated: June 29, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 679 as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
1. The authority citation for 50 CFR part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447; Pub. L. 111-281.

0
2. Amend Sec.  679.51, by adding paragraph (a)(2)(vi)(G) to read as 
follows:


Sec.  679.51  Observer and Electronic Monitoring System requirements 
for vessels and plants.

    (a) * * *
    (2) * * *
    (vi) * * *
    (G) Catcher/processors using pot gear for groundfish fishing. A 
catcher/processor subject to Sec.  679.101(a) must comply with the 
following observer coverage requirements:
    (1) Observer coverage. A catcher/processor must have aboard at 
least one Level 2 observer, as defined in Sec.  679.53(a)(5)(iv).
    (2) Increased observer coverage option. A catcher/processor may 
carry more than one observer. A vessel choosing this option must have 
aboard at least one Level 2 observer as described in paragraph 
(a)(2)(vi)(G)(1) of this section.
* * * * *


Sec.  679.53  [Amended]

0
3. Amend Sec.  679.53, by removing in paragraph (a)(5)(iv) introductory 
text the phrase ``Sec.  679.51(a)(2)(vi)(A) through (E)'' and adding, 
in its place the phrase, ``Sec.  679.51(a)(2)(vi)(A) through (G).''
0
4. In part 679, revise the heading of subpart I to read as follows:

[[Page 43078]]

Subpart I--Additional Equipment and Operational Requirements for 
Motherships and Catcher/Processors

0
5. Amend Sec.  679.100 by revising the section heading, the 
introductory paragraph, paragraph (a), and the introductory text of 
paragraph (b) to read as follows:


Sec.  679.100  Longline Catcher/Processor Subsector.

    The owner and operator of a vessel named on an LLP license with a 
Pacific cod catcher/processor hook-and-line endorsement for the Bering 
Sea, Aleutian Islands or both the Bering Sea and Aleutian Islands 
subareas (BSAI) must comply with the requirements of this section.
    (a) Opt out selection. Each year, the owner of a vessel subject to 
this section who does not intend to directed fish for Pacific cod in 
the BSAI or conduct groundfish CDQ fishing at any time during a year 
may, by November 1 of the year prior to fishing, submit to NMFS a 
completed notification form to opt out of directed fishing for Pacific 
cod in the BSAI and groundfish CDQ fishing in the upcoming year. The 
notification form is available on the NMFS Alaska Region website 
(https://alaskafisheries.noaa.gov/). Once the vessel owner has selected 
to opt out, the owner must ensure that the vessel is not used as a 
catcher/processor to conduct directed fishing for Pacific cod with 
hook-and-line gear in the BSAI or to conduct groundfish CDQ fishing 
during the specified year.
    (b) Monitoring option selection. The owner of a vessel subject to 
this section that does not opt out under paragraph (a) of this section 
must submit a completed notification form for one of two monitoring 
options to NMFS. The notification form is available on the NMFS Alaska 
Region website (https://alaskafisheries.noaa.gov/). The vessel owner 
must comply with the selected monitoring option at all times when the 
vessel is operating in either the BSAI or GOA groundfish fisheries when 
directed fishing for Pacific cod is open in the BSAI, or while the 
vessel is groundfish CDQ fishing. If NMFS does not receive a 
notification to opt out or a notification for one of the two monitoring 
options, NMFS will assign that vessel to the increased observer 
coverage option under paragraph (b)(1) of this section until the 
notification form has been received by NMFS.
* * * * *
0
6. In subpart I, add Sec.  679.101 to read as follows:


Sec.  679.101  Catcher/processors using pot gear for groundfish 
fishing.

    (a) Applicability. The owner and operator of a vessel named on an 
LLP license with a Pacific cod catcher/processor pot gear endorsement 
for the Bering Sea, Aleutian Islands or both the Bering Sea and 
Aleutian Islands subareas (BSAI) must comply with the requirements of 
this section when using pot gear for groundfish fishing as a catcher/
processor in the Bering Sea or Aleutian Islands.
    (b) Pre-cruise meeting. The Observer Program must be notified by 
phone at 1 (907) 581-2060 (Dutch Harbor, AK) or 1 (907) 481-1770 
(Kodiak, AK) at least 24 hours prior to departure when the vessel will 
be carrying an observer who has not previously been deployed on that 
vessel within the last 12 months. Subsequent to the vessel's departure 
notification, but prior to departure, NMFS may contact the vessel to 
arrange for a pre-cruise meeting. If requested by NMFS, the pre-cruise 
meeting must minimally include the vessel operator or manager and any 
observers assigned to the vessel.
    (c) Additional monitoring options. The owner or operator of a 
vessel subject to this section may choose any, all, or none of the 
following monitoring options described in paragraphs (c)(1) through (3) 
of this section. Should an owner or operator choose any of these 
monitoring options, the owner and operator must comply with the 
applicable requirements described in paragraphs (c)(1) through (3) of 
this section.
    (1) Observer sampling station option. Under this option, an 
observer sampling station meeting the requirements at Sec.  679.28(d), 
unless otherwise approved by NMFS, must be provided for observer use. 
This option is selected by obtaining an Observer Sampling Station 
Inspection Report as detailed in Sec.  679.28(d)(10)(iii) and will 
remain in place for the 12-month duration approved in the Observer 
Sampling Station Inspection Report.
    (2) Increased observer coverage option. Under this option, if two 
observers are aboard the vessel meeting the requirements at Sec.  
679.51(a)(2)(vi)(G)(2), at least one of the observers must be endorsed 
as a Level 2 observer in accordance with Sec.  679.53(a)(5)(iv).
    (3) NMFS-approved total catch weighing scales option. Under this 
option, a vessel owner and operator may install a NMFS-approved scale 
for weighing total catch of Pacific cod. This option is selected by 
obtaining a Scale Inspection Report as detailed in Sec.  
679.28(b)(2)(vii) and will remain in place for the 12-month duration 
approved in the Scale Inspection Report. Under this option--
    (i) A vessel owner and operator with an approved Scale Inspection 
Report must ensure that--
    (A) All Pacific cod brought on board the vessel is weighed on a 
NMFS-approved scale in compliance with the scale requirements at Sec.  
679.28(b), and that each set is weighed and recorded separately.
    (B) The vessel is in compliance with the video monitoring 
requirements described at Sec.  679.28(k).
    (C) The vessel is in compliance with the requirements for 
electronic logbooks at Sec.  679.5(f) at all times during that year.
    (ii) [Reserved]


Sec.  679.120  [Redesignated as Sec.  679.102 and Amended]

0
7. Redesignate Sec.  679.120 of Subpart K to Sec.  679.102 of Subpart 
I, and remove all references to ``Sec.  679.120'' and adding, in their 
place, ``Sec.  679.102'' in the following places:
0
a. Sec.  679.2;
0
b. Sec.  679.7(e)(1), (2), (3), and (10);
0
c. Sec.  679.28(d)(9), (d)(10)(iii)(A), and (l);
0
d. Sec.  679.32(c)(3)(i)(C)(4);
0
e. Sec.  679.51(a)(2)(vi)(F);
0
f. Sec.  679.63(a)(1);
0
g. Sec.  679.84(c)(1); and
0
h. Sec.  679.93(c)(1).

Subpart K [Reserved]

0
8. Reserve subpart K.

[FR Doc. 2023-14174 Filed 7-5-23; 8:45 am]
BILLING CODE 3510-22-P