[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Proposed Rules]
[Pages 48180-48186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15574]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 230718-0170]
RIN 0648-BM29


Fisheries Off West Coast States; West Coast Groundfish Electronic 
Monitoring Program; Service Provider Revisions

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 amendments that would apply to 
Pacific Coast Groundfish Trawl Rationalization Program participants and 
electronic monitoring (EM) service providers that participate in the EM 
program. This rulemaking proposes to modify submission deadlines in 
Federal regulations specific to vessel feedback reports, summary 
reports, and logbook submissions by EM service providers. In addition, 
this rulemaking proposes to clarify regulations on how EM discard data 
should be estimated via the video review process. This action is 
necessary because the current regulatory deadlines for EM service 
providers may be too restrictive. This action is expected to provide 
more flexibility, while still meeting the data collection and data 
quality requirements of the EM program. This action would also update 
and revise obsolete regulations, correct terminology, correct web 
addresses, and remove obsolete administrative requirements in the 
Pacific groundfish fishery. Some aspects of this action remove 
duplicative requirements for mail notifications or mail-based record-
keeping and reporting, which are also undertaken electronically. During 
the COVID-19 pandemic, many

[[Page 48181]]

administrative notifications and reporting requirements were moved to 
electronic methods; this action would revise the regulations to be 
consistent with current practice. This action is intended to support 
the overarching goal to continually monitor the Groundfish Trawl 
Rationalization Program for compliance with existing regulations in an 
economical and flexible manner while meeting the goals and objectives 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act; MSA), the Pacific Coast Groundfish Fishery 
Management Plan, and other applicable laws.

DATES: Comments must be received by Friday, August 25, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0062 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-2023-0062 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 
https://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 proposed rule is accessible at the Office of the Federal 
Register website at https://www.federalregister.gov. Background 
information and analytical documents (Analysis) are available at the 
NMFS West Coast Region website at: https://www.fisheries.noaa.gov/region/west-coast-groundfish.html and at the Pacific Fishery Management 
Council's website at https://www.pcouncil.org.

FOR FURTHER INFORMATION CONTACT: Abbie Moyer, phone: 206-305-9601, or 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Authority for Action

    NMFS and the Pacific Fishery Management Council (Council) manage 
the groundfish fisheries in the exclusive economic zone seaward of 
California, Oregon, and Washington under the Pacific Coast Groundfish 
Fishery Management Plan (FMP). The Council prepared the FMP under the 
authority of the MSA (16 U.S.C. 1801 et seq.). Regulations governing 
U.S. fisheries and implementing the FMP appear at 50 CFR part 660.

Background

    Through Amendment 18 to the FMP (71 FR 66122, December 13, 2006), 
electronic monitoring was authorized in the FMP as an alternative to 
human data collection systems, where appropriate (see Section 6.4.1.1 
of the FMP). On June 28, 2019 (84 FR 31146), at the recommendation of 
the Pacific 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 Pacific whiting fishery and fixed gear vessels in the shorebased 
Individual Fishing Quota (IFQ) fishery. 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 IFQ accounts and cooperative 
allocations. After an EM vessel completes a fishing trip, the vessel 
operator submits the video 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 also 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. For more information see 84 FR 31146 (June 28, 
2019).
    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.
    At its September 2021 meeting, the Council made a final 
recommendation that the EM program be further delayed until January 
2024 at the earliest. NMFS published an interim final rule on October 
6, 2021 (86 FR 55525) that changed effective dates in regulations in 
order to delay implementation of the EM program for the West Coast 
groundfish trawl rationalization program until at least January 1, 
2024, and only after NMFS issues a public notice at least 90 calendar 
days before it will begin accepting applications for EM Authorizations 
for the first year of the program. To fulfill the requirements at 50 
CFR 660.603(b) and 660.604(e), NMFS issued the 90-day notice on March 
1, 2023, at https://www.fisheries.noaa.gov/bulletin/advance-notice-electronic-monitoring-regulatory-program. For full rationale see 86 FR 
55525 (October 6, 2021).
    During the delay in implementation of the EM program, NMFS 
published a final rule on October 3, 2022, (87 FR 59705) to allow the 
use of EM on trips with bottom-trawl and non-whiting midwater trawl 
gear. Consistent with the October 6, 2021 interim final rule (86 FR 
55525) and the subsequently issued public notice identified above, the 
EM program for these trip types will be effective on January 1, 2024. 
In addition, the October 3, 2022 final rule made minor regulatory 
changes to existing EM program regulations implemented under the June 
2019 final rule. The regulatory changes were intended to clarify and 
streamline EM program requirements, including the addition of 
submission deadlines for EM service providers to provide feedback 
reports to fishing vessels, and video review data summary reports as 
well as logbook data to NMFS. The full rationale for the Council's 
recommendation is detailed in the March 1, 2022 proposed rule for that 
action (87 FR 11382), and is not repeated here.
    Under regulations at 50 CFR 660.603, EM service providers are 
responsible for providing various feedback reports to vessel operators 
and field services staff and data summaries to NMFS. These reports 
include logbook data, technical assistance, vessel operator feedback, 
EM summary data, and compliance reports. Generally, catch discards are 
initially debited from vessel accounts in the IFQ database using 
logbook data, and discards in logbooks are audited using EM data. IFQ 
vessel accounts are adjusted based on comparison/adjustment protocols 
that utilize the most accurate estimate.
    Currently, the fishery continues under Exempted Fishing Permits 
(EFPs) with PSMFC conducting the video review process for the industry 
and following the video review protocols and submission deadlines 
outlined in the

[[Page 48182]]

current EM manual (or other written and oral instructions provided by 
the EM program, and such that the EM program achieves its purpose as 
defined at Sec.  660.600(b)). However, timely review and submission of 
the data has been challenging for PSMFC, and the delay in submissions 
has caused concern among the industry regarding the potential increase 
in costs associated with increasing the amount of personnel that may be 
needed to meet the video review workload and deadlines. Therefore, the 
Council examined the EM program and this issue in particular to reduce 
costs to the industry and ensure the overall program is effective and 
efficient for all participants.
    Starting in February of 2022, the Council began scoping several 
issues brought forth by the industry via the Council's Ad Hoc 
Groundfish Electronic Monitoring Policy Advisory and Technical Advisory 
Committees (GEMPAC/TAC). The GEMPAC/TAC identified regulatory changes 
that may provide some cost savings and more efficiencies to the 
program. At the November 2022 Council meeting, the Council adopted a 
range of alternatives for consideration, and took final action at its 
March 2023 meeting. Consistent with MSA Section 303(c)(2), on July 5, 
2023, the Council deemed the proposed regulations necessary and 
appropriate to implement the FMP provision authorizing the use of EM.

Regulatory Changes To Refine Existing EM Program

    The regulatory changes described below were developed through 
Council discussion with NMFS, the GEMPAC/TAC, and members of industry. 
The Council's intent in developing these regulatory changes is to 
refine and clarify certain EM program requirements, reduce costs, and 
improve the effectiveness of the EM program overall in meeting its 
intended monitoring goals for the Trawl Rationalization Program. This 
would be achieved by increasing the allowable turnaround times and 
clarifying that different service providers may follow different video 
review protocols (as long as they are approved by NMFS and meet the EM 
program purpose as defined at Sec.  660.600(b)) rather than a protocol 
that is standardized across service providers.

Reporting Deadlines for EM Service Providers

    The following proposed regulatory changes would modify deadlines 
for various reports that EM service providers are required to submit 
under current regulations. These submission deadlines are for reports 
of logbook data, vessel operator feedback, and EM summary and data 
compliance reports. Submission of this information by EM service 
providers has been required in regulations as of June 2019; however, 
deadlines for the submission of these reports were not originally 
included. Under the final rule that was effective November 2, 2022 (87 
FR 59705), NMFS established submission deadlines for these required EM 
service provider reports. This proposed rule, if adopted, would modify 
some of the established submission deadlines that have been identified 
as being too restrictive, in order to create possible cost savings and 
more efficiencies in the program.
A. Discard Logbooks
    Under current regulations at 50 CFR 660.603(m)(5), EM service 
providers are required to submit the initial logbook data to NMFS 
within 2 days of receipt from vessel operators. This proposed 
regulatory change would require EM service providers to submit logbook 
data to NMFS within 7 days of receipt from vessel operators. EM 
participants and their EM service providers must submit logbooks to 
document fishing trips and ensure all fish that are legally discarded 
are accounted for under the IFQ program. The data is used initially to 
debit quota share accounts before it is corroborated with the EM 
review. This deadline would still help to ensure timely debiting of 
discards from vessel IFQ accounts.
    The 2-day timeline for the data to be entered, verified as 
accurate, and then submitted to NMFS has been challenging to meet when 
several vessels submit logbooks at one time. According to PSMFC, 
however, logbook data submissions have rarely exceeded 7 days. 
Therefore, this proposed rule was recommended by the Council to provide 
more flexibility to EM service providers to be able to meet the 
deadline while still ensuring timely debiting of discards from vessel 
IFQ accounts. The frequency of vessel account updates is not expected 
to measurably change due to the additional 5 business days that EM 
service providers would be allowed to submit logbook data to NMFS. 
Actual logbook submission timeframes are expected to generally stay the 
same, with only occasional delays when a provider may happen to receive 
several logbooks at the same time.
B. Vessel Feedback Reports
    Under current regulations at 50 CFR 660.603(m)(4), EM service 
providers are required to provide feedback reports to vessel operators 
and field services staff within 3 weeks of the date EM data is received 
from the vessel operator. Feedback is required on EM systems, crew 
responsibilities, and any other information that would improve the 
quality and effectiveness of data collection on the vessel. This 
proposed regulatory change would require EM service provider feedback 
to be submitted to vessels within 60 days of the date EM data is 
received from the vessel operator.
    Timely feedback to vessels helps ensure EM data is being collected 
and that the data is reliable in meeting the EM program monitoring 
goals under the Trawl Rationalization Program. When the original 
deadline was developed, it was thought that 3 weeks was a reasonable 
timeframe to complete video review. However, as the program developed 
and more vessels joined the EFP program, video coming in for review 
increased. With the increase in video requiring review, over time 
vessel feedback turnaround time increased beyond the targeted 3-week 
turnaround time, up to 90 days in recent years. As the Analysis (see 
ADDRESSES) shows, reporting timelines have ranged from less than 21 
days after receipt of the hard drive in 2015 through 2017, to 1 to 2 
months and even greater during periods of higher fishing activity in 
2019 to 2020. Despite these delays, there were no observable impacts to 
the EM program monitoring goals under the Trawl Rationalization 
Program.
    Under this proposed rule, EM program participants could experience 
longer timelines between video submission and receipt of vessel 
feedback reports. Longer time frames may cause a delay in corrective 
actions when data collection issues arise and are not known by the 
vessel operator (i.e., sensor or video data gaps, camera blocked/
clouded, poor camera position, etc.) resulting in loss of data. 
However, data gaps resulting from system malfunctions, non-compliance, 
or other issues are rare. As shown in the Analysis, in 2015-2017 (when 
turnaround times were 3 weeks), approximately 5, 3, and 4 percent of 
trips per year, respectively, had loss in video imagery. The majority 
of these were small interruptions of a few minutes caused by short 
power interruptions and generally did not disrupt monitoring of catch 
sorting. A total of four trips each year (less than 0.01 percent of all 
trips) were missing video imagery from a complete haul, and one, four, 
and seven trips each year, respectively, had no imagery at all.
    Extending the timeline for submission is expected to provide more 
flexibility to handle times when hard drive submissions to EM service 
providers

[[Page 48183]]

come in all at once, especially during increased fishing activity in 
the summer and early fall. Additionally, a 60-day turnaround time is 
expected to help EM service providers to provide more reliable reports 
because they will not be rushed into meeting challenging deadlines.
C. EM Summary Data and Compliance Reports
    Current regulations at 50 CFR 660.603(m)(5) require EM service 
providers to submit EM summary data and compliance reports to NMFS 
following completion of video review within 3 weeks from the date the 
vessel operator submits EM data. EM summary data includes discard 
estimates, fishing activity information, and trip metadata. This 
proposed regulatory change would require these summary and compliance 
reports to be submitted to NMFS within 60 days from the date the vessel 
operator submits EM data for processing. EM summary data and compliance 
reports are used by NMFS to debit vessel accounts, monitor program and 
vessel performance, and enforce requirements of the EM program. Trip 
metadata is an essential record of when and where EM data were created 
by the vessel, submission time, date and location of review, and points 
of contact for reviewers. Trip metadata ensures fishing data can be 
accurately corroborated with logbook data and is necessary for a 
complete chain of custody and accountability between the vessel, EM 
service provider, and NMFS. Catch discards are initially debited from 
vessel accounts in the IFQ database using logbook data and audited 
using EM data. If there are large discrepancies between the logbook and 
EM summary data, then a longer reporting timeline could lead to vessel 
account owners experiencing unexpected debits or being unable to 
``close-out'' an account for a fishing trip until the EM data are 
received.
    As discussed above, when the original deadline was developed, it 
was thought that 3 weeks was a reasonable timeframe to complete video 
review. However, as the program developed and more vessels joined the 
EFP program, the amount of video coming in for review increased. As 
hard drive submissions increased each year, it became challenging to 
conduct 100 percent of the reviews within a 3-week timeframe under the 
current number of staff, with higher volumes of hard drives to review 
in late spring through fall. If the current requirements are to be met 
without increasing costs to handle peaks and pulses of hard drive 
submission, more time for EM service providers to process the EM data 
may be needed. Extending the timeline for submission is expected to 
provide more flexibility to handle times when hard drive submissions to 
EM service providers come in all at once. This could also allow EM 
service providers to provide more accurate estimated costs to potential 
EM participants via estimating video review workload (i.e., number of 
employees needed to provide timely review). Additionally, a 60-day 
turnaround time is expected to help EM service providers to provide 
more reliable reports because they will not be rushed into meeting 
challenging deadlines.
    Part of the goal of the Trawl Rationalization Program under 
Amendment 20 to the FMP (75 FR 78344, December 15, 2010) is to achieve 
individual accountability of catch and bycatch. The proposed rule is 
not expected to interfere with this goal. Under the proposed rule, the 
EM program would continue to provide estimates of discards of IFQ 
species, which is necessary for maintaining accountability for total 
mortality of these species, as well as individual IFQ and cooperative 
allocations. Under the Trawl Rationalization Program, vessels are 
required to have IFQ or quota pounds (QPs) in an account to cover all 
IFQ landings and discards incurred while fishing under this program. 
The proposed rule would not change this requirement. Fishermen would 
still be accountable for covering QPs. NMFS assumes fishermen would 
continue to closely monitor their catch to prevent any surprise 
overages or deficits, which could shorten their fishing season or 
increase their costs if they had to buy additional quota from other 
quota holders. Additionally, overages and carryover provisions as 
outlined in Amendment 20 would still exist. So although an overage may 
occur as a result of delayed data, the vessel would still be 
responsible to cover that QP, creating an even greater incentive to 
closely monitor catch.

Revise EM Discard Data Review Language

    The language in current regulations at 50 CFR 660.603(m)(1) reads: 
``The EM service provider must process vessels' EM data and logbooks 
according to a prescribed coverage level or sampling scheme, as 
specified by NMFS in consultation with the Council, and determine an 
estimate of discards for each trip using standardized estimation 
methods specified by NMFS. NMFS will maintain manuals for EM and 
logbook data processing protocols on its website.'' This proposed 
regulatory change would remove the paragraph. The relevant information 
is already provided in 660.603(m) introductory paragraph and 50 CFR 
660.603(m)(5). The intent of the structure of the EM Program is that 
the requirements to submit logbook data, EM summary reports, including 
discard estimates, fishing activity information, and meta data (e.g., 
image quality, reviewer name), and incident reports of compliance 
issues according to a NMFS-accepted EM Service Plan are required in the 
regulations. The submission must meet the program purpose, as defined 
in the regulations at 50 CFR 660.600(b). However, the details of how 
that data is processed, viewed, and evaluated are left to the EM Manual 
and EM Service Provider Guidelines or other written and oral 
instructions provided by the EM program.
    The intent of the existing regulatory language was to guide each 
qualified provider to develop a method for discard estimation using 
general protocols outlined in the EM Manual that provides NMFS the 
desired data and for NMFS to determine if the data is collected 
consistently and appropriately by each EM service provider such that it 
meets the purpose of the EM program. However, the existing regulatory 
language could be interpreted that only one method must be used by all 
EM providers to ``determine an estimate of discards for each trip.'' In 
addition, the current regulatory language is incorrect since it 
specifies EM service providers need to determine an estimate of 
discards for each trip. Rather, the estimation method outlined in the 
EM Manual requires sampling percentages to be based on the hauls for 
each trip. Given the potential for confusion, and because the 
introductory paragraph of 50 CFR 660.603(m) and 50 CFR 660.603(m)(5) 
already identify submission requirements, we believe that removal, 
rather than revision, of 660.603(m)(1) is preferable.
    Under the proposed rule, EM service providers would still be 
required to operate under a NMFS approved service plan (50 CFR 
660.603(b)(1)(vii)) that shows how their methodology meets the 
requirements in the regulations. This proposed rule, if adopted, would 
also ensure performance standards provide the flexibility that allows 
for innovation and improvements that can potentially result in lower 
costs and greater benefits while still maintaining data quality and 
meeting the requirements in regulation and the overall purpose of the 
EM program.
    The EM program was set up to maintain high quality information on 
discards of IFQ species for management

[[Page 48184]]

decisions, while minimizing the costs of data collection requirements, 
consistent with National Standards 2 and 7 of the MSA. While EM cannot 
collect all the information collected by human observers, NMFS and the 
Council made every effort to ensure consistent protocols between the 
human observer and EM programs, to ensure comparable quality, and allow 
their integration for management. To ensure that the EM Program 
continues to provide NMFS with the best scientific information 
available for management, NMFS and the Council established strict 
performance standards in the regulations for EM units, vessels, and 
providers. This proposed rule, if issued, would not change those 
performance standards established via rulemakings.

Administrative Revisions

    This proposed rule, if adopted, would also update and revise 
obsolete regulations, correct terminology, correct web addresses, and 
remove obsolete administrative requirements for the groundfish fishery. 
Some aspects of this action remove duplicative requirements for mail 
notifications or mail-based record-keeping and reporting, which are 
also undertaken electronically. During the COVID-19 pandemic, many 
administrative notifications and reporting requirements were moved to 
electronic methods; this action would revise the regulations to be 
consistent with current practice.
    This proposed rule, if issued, would also remove the requirement at 
Sec.  660.140(f)(3) for NMFS to issue an initial agency determination 
(IAD) for both approvals and disapprovals of applications. In all other 
application procedures described in regulation, IADs are only issued in 
the case of a disapproval. IADs are unnecessary for approvals since the 
confirmation of the approval is the issuance of the permit that was 
applied for. Additionally, IADs can be appealed. There is no reason to 
appeal an IAD approving an application.
    This proposed rule, if adopted, would remove the requirement for 
cease-fishing reports for both the Mothership (MS) and Catcher/
Processor (C/P) cooperatives. Amendment 21-4 to the FMP (42 FR 68799, 
December 17, 2019) completed the removal of the allocations of non-
whiting groundfish species made as part of Amendment 21 to the FMP (75 
FR 60867, October 1, 2010) and instead created set-asides in the at-sea 
sectors (the MS and C/P cooperatives). With the removal of allocations 
for non-whiting groundfish to the at-sea sectors, procedures for 
reapportionment of non-whiting groundfish species allocations between 
the MS and C/P cooperatives were removed. Erroneously, a record-keeping 
and reporting requirement only necessary for this reapportionment was 
not removed.
    This proposed rule, if adopted, would modify the current 
requirements under the Trawl Rationalization Program for NMFS to mail 
out annual reminders to fishery participants to renew their quota share 
permits, their vessel accounts, and their first receiver site licenses. 
During the COVID-19 global pandemic, we transitioned these reminders to 
an electronic format. This proposed rule would revise the regulations 
to be consistent with current practice.
    Finally, this proposed rule, if adopted, would make a number of 
minor clarifying corrections. In many places in the regulations 
governing the Pacific Coast groundfish fisheries, the term 
`cooperative' is abbreviated to `coop', rather than `co-op'. This 
proposed rule would correct the abbreviation throughout this Part. This 
proposed rule would also correct obsolete web addresses and outdated 
references to the NMFS `Northwest Region', which, as of 2013, is now 
the West Coast Region.

Classification

    Pursuant to section 304(b)(1)(A) and 305(d) of the Magnuson-Stevens 
Act, the NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the Pacific Coast Groundfish Fishery Management 
Plan, other provisions of the Magnuson-Stevens Act, and other 
applicable law, subject to further consideration after public comment. 
Please see ADDRESSES for more information on the ways to submit 
comments on this proposed rule.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), 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.
    This proposed rule is expected to provide more flexibility and 
minor cost savings, while still meeting the data collection and data 
quality requirements of the EM program. This proposed rule would mainly 
impact EM service providers participating in the EM program when full 
implementation of the EM program begins on January 1, 2024. Based on 
past EM service provider applications submitted to NMFS, NMFS estimates 
that one to seven EM service provider companies may participate in the 
EM program. Assuming EM service provider cost savings trickle down to 
fishery participants, this proposed rule also has the potential to 
impact commercial harvesting entities engaged in the groundfish limited 
entry trawl fishery. Vessels deploying EM are likely to be a subset of 
the overall trawl fleet, as some vessels would likely choose to 
continue to use observers. However, as all trawl vessels could 
potentially use EM in the future, NMFS analyzed impacts to the entire 
trawl fleet.
    The total number of vessels that may be eligible to use EM is 175, 
the total number of limited entry trawl permits in 2022. Of the 165 
limited entry trawl endorsed permits (excluding those 10 with a 
catcher/processor (CP) endorsement), 110 permit owners holding 129 
permits classified themselves as small entities. The average small 
entity owns 1.17 permits with 15 entities owning more than 1 permit. 
For those with CP endorsements, all 3 permit owners (owning the 
collective 10 C/P endorsed permits) self-reported as large entities. 
One entity owns five permits, one owns three, and the last owns two. 
The economic effects would depend on how widely EM is adopted by vessel 
owners participating in the Trawl Rationalization Program.
    NMFS considers two criteria in determining the significance of 
adverse regulatory effects, namely, disproportionality and 
profitability. Disproportionality compares the effect of the regulatory 
action between small and large entities. Taking into consideration 
disproportionality and profitability, this action provides flexibility 
that may enable all participating EM service providers to reduce costs. 
Additionally, vessel operating costs may be reduced to the degree that 
(1) there is a reduction in video reviewer costs, and (2) those cost 
reductions are passed along to vessels, which would apply to all 
vessels participating in the EM program, regardless of size. Economic 
effects are expected to be minimal. Therefore, we do not expect 
significant or disproportionate adverse economic effects from this 
action.
    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.
    This proposed rule revises existing requirements for the collection 
of information approved under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). The proposed rule would extend EM service 
provider submission deadlines for: (1) Vessel operator feedback: 60 day 
from the date

[[Page 48185]]

of receipt of EM data for processing from the vessel operator; (2) EM 
summary and data compliance reports: 60 days from the date of receipt 
of EM data for processing from the vessel operator; and (3) Logbook 
data: submit logbook data to NMFS within 7 days of receipt from vessel 
operators.
    Extending the submission deadlines is not expected to increase the 
public reporting burden for the information collection. The current 
collection of information requirements would continue to apply under 
the existing OMB Control Number 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: July 18, 2023.
Kimberly Damon-Randall,
Acting 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 660 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. Amend part 660 by removing the word ``coop'' and adding in its place 
the word ``co-op'' wherever it appears.
0
3. Amend part 660 by removing the word ``Coop'' and adding in its place 
the word ``Co-op'' wherever it appears.
0
4. Amend part 660 by removing all instances of ``https://www.nwr.noaa.gov'' and ``https://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm'' and adding in their place ``https://www.fisheries.noaa.gov/region/west-coast'' wherever they appear.
0
5. Amend part 660 by removing the phrase ``NMFS NWR'' and adding in its 
place the phrase ``NMFS WCR'' wherever it appears.
0
6. Amend part 660 by removing the phrase ``NMFS Northwest Region'' and 
adding in its place the phrase ``NMFS West Coast Region'' wherever it 
appears.
0
7. Amend Sec.  660.18 by revising paragraph (d)(1) to read as follows:


Sec.  660.18  Observer and catch monitor provider permits and 
endorsements.

* * * * *
    (d) * * *
    (1) Initial administrative determination. For all complete 
applications, NMFS will issue an IAD if it disapproves the application. 
An approved application will result in issuance of the permit. If 
disapproved, the IAD will provide the reasons for this determination. 
If the applicant does not appeal the IAD within 30 calendar days, the 
IAD becomes the final decision of the Regional Administrator acting on 
behalf of the Secretary of Commerce.
* * * * *
0
8. Amend Sec.  660.25 by revising paragraph (b)(3)(iv)(C)(2) and 
(b)(4)(ix) to read as follows:


Sec.  660.25  Permits.

* * * * *
    (b) * * *
    (3) * * *
    (iv) * * *
    (C) * * *
    (2) Application and issuance process for an ownership limitation 
exemption. The SFD will make the qualifying criteria and application 
instructions available online at https://www.fisheries.noaa.gov/region/west-coast. A vessel owner who believes that they may qualify for the 
ownership limitation exemption must submit evidence with their 
application showing how their vessel has met the qualifying criteria 
described at paragraph (b)(3)(iv)(C)(1) of this section. The vessel 
owner must also submit a Sablefish Permit Ownership Limitation 
Exemption Identification of Ownership Interest form that includes 
disclosure of percentage of ownership in the vessel and disclosure of 
individual shareholders in any entity. Paragraph (i) of this section 
sets out the relevant evidentiary standards and burden of proof. 
Applications may be submitted at any time to NMFS at: NMFS West Coast 
Region, Sustainable Fisheries Division, ATTN: Fisheries Permit Office--
Sablefish Ownership Limitation Exemption, 7600 Sand Point Way NE, 
Seattle, WA 98115. After receipt of a complete application, the SFD 
will issue an IAD in writing to the applicant determining whether the 
applicant qualifies for the exemption. If an applicant chooses to file 
an appeal of the IAD, the applicant must follow the appeals process 
outlined at paragraph (g) of this section and, for the timing of the 
appeals, at paragraph (g)(4)(ii) of this section.
* * * * *
    (4) * * *
    (ix) Application forms available. Application forms for a change in 
vessel registration, permit owner, or vessel owner are available at: 
NMFS West Coast Region, Sustainable Fisheries Division, ATTN: Fisheries 
Permit Office, 7600 Sand Point Way NE, Seattle, WA 98115; or https://www.fisheries.noaa.gov/region/west-coast. Contents of the application, 
and required supporting documentation, are also specified in the 
application form. Only complete applications will be processed.
* * * * *
0
9. Amend Sec.  660.60 by revising paragraph (d)(2) to read as follows:


Sec.  660.60  Specifications and management measures.

* * * * *
    (d) * * *
    (2) Automatic actions are effective when actual notice is sent by 
NMFS identifying the effective time and date. Actual notice to fishers 
and processors will be by email, internet (https://www.fisheries.noaa.gov/region/west-coast), phone, letter, or press 
release. Allocation reapportionments will be followed by publication in 
the Federal Register, in which public comment will be sought for a 
reasonable period of time thereafter.
* * * * *
0
10. Amend Sec.  660.113 by removing and reserving paragraphs (c)(4) and 
(d)(4).
0
11. Amend Sec.  660.140 by revising paragraphs (d)(2)(iii)(A), 
(d)(3)(i)(B), (e)(2)(ii), (e)(3)(i)(B), (f)(3) introductory text, 
(f)(4), and (f)(6)(i) to read as follows:


Sec.  660.140  Shorebased IFQ Program.

* * * * *
    (d) * * *
    (2) * * *
    (iii) * * *
    (A) Initial administrative determination. For all complete 
applications, NMFS will issue an IAD if it disapproves the application. 
If approved, the QS permit serves as the IAD. If disapproved, the IAD 
will provide the reasons for this determination. If the applicant does 
not appeal the IAD within 30 calendar days, the IAD becomes the final 
decision of the Regional Administrator acting on behalf of the 
Secretary of Commerce.
* * * * *
    (3) * * *
    (i) * * *
    (B) Notification to renew QS permits will be sent by SFD by 
September 15 each year to the QS permit owner's most recent email 
address in the SFD record. The QS permit owner shall provide SFD with 
notice of any email address change within 15 days of the change.
* * * * *
    (e) * * *
    (2) * * *
    (ii) Registration. A vessel account must be registered with the 
NMFS SFD

[[Page 48186]]

Permits Office. A vessel account may be established at any time during 
the year. An eligible vessel owner must submit a request in writing to 
NMFS to establish a vessel account. The request must include the vessel 
name; USCG vessel registration number (as given on USCG Form 1270) or 
state registration number, if no USCG documentation; all vessel owner 
names (as given on USCG Form 1270, or on state registration, as 
applicable); and business contact information, including: Address, 
phone number, fax number, and email. Requests for a vessel account must 
also include the following information: A complete economic data 
collection form as required under Sec.  660.113(b), (c) and (d), and a 
complete Trawl Identification of Ownership Interest Form as required 
under paragraph (e)(4)(ii) of this section. The request for a vessel 
account will be considered incomplete until the required information is 
submitted. Any change specified at paragraph (e)(3)(ii) of this 
section, including a change in the legal name of the vessel owner(s), 
will require the new owner to register with NMFS for a vessel account. 
A participant must have access to a computer with internet access and 
must set up online access to their vessel account to participate. NMFS 
will provide vessel account owners instructions to set up online access 
to their vessel account. NMFS will use the vessel account to send 
messages to vessel owners in the Shorebased IFQ Program; it is 
important for vessel owners to monitor their online vessel account and 
all associated messages.
* * * * *
    (3) * * *
    (i) * * *
    (B) Notification to renew vessel accounts will be issued by SFD by 
September 15 each year to the vessel account owner's most recent email 
address in the SFD record. The vessel account owner shall provide SFD 
with notice of any email address change within 15 days of the change.
* * * * *
    (f) * * *
    (3) Application process. Persons interested in being licensed as an 
IFQ first receiver for a specific physical location must submit a 
complete application for a first receiver site license through the web 
form submission available at https://www.noaa.gov/fisheries. First 
receiver site license holders may request a paper application by 
contacting SFD. NMFS will only consider complete applications for 
approval. A complete application includes:
* * * * *
    (4) Initial administrative determination. For all complete 
applications, NMFS will issue an IAD if the application is disapproved. 
The IAD will provide the reasons for this determination. NMFS will not 
reissue a first receiver site license until the required cost recovery 
program fees, as specified at Sec.  660.115, have been paid. The IAD, 
appeals, and final decision process for the cost recovery program is 
specified at Sec.  660.115(d)(3)(ii).
* * * * *
    (6) * * *
    (i) First receiver site license applications will be accessible 
through an online application on or about February 1 each year.
* * * * *
0
12. Amend Sec.  660.150 by revising paragraph (d)(2) to read as 
follows:


Sec.  660.150  Mothership (MS) Co-op Program.

* * * * *
    (d) * * *
    (2) Initial administrative determination. For all complete 
applications, NMFS will issue an IAD if the application is disapproved. 
An approved application will result in issuance of the permit. If 
disapproved, the IAD will provide the reasons for this determination. 
The IAD for a MS co-op permit follows the same requirement as specified 
for limited entry permits at Sec.  660.25(g)(4)(ii); if the applicant 
does not appeal the IAD within the 30 calendar days, the IAD becomes 
the final decision of the Regional Administrator acting on behalf of 
the Secretary of Commerce.
* * * * *
0
13. Amend Sec.  660.160 by revising paragraph (d)(2) to read as 
follows:


Sec.  660.160  Catcher/processor (C/P) Coop Program.

* * * * *
    (d) * * *
    (2) Initial administrative determination. For all complete 
applications, NMFS will issue an IAD if the application is disapproved. 
An approved application will result in issuance of the permit. If 
disapproved, the IAD will provide the reasons for this determination. 
The IAD for a C/P co-op permit follows the same requirement as 
specified for limited entry permits at Sec.  660.25(g)(4)(ii), if the 
applicant does not appeal the IAD within the 30 calendar days, the IAD 
becomes the final decision of the Regional Administrator acting on 
behalf of the Secretary of Commerce.
0
14. Amend Sec.  660.603 by removing and reserving paragraph (m)(1), and 
revising paragraphs (m)(4) introductory text, and (5) to read as 
follows:


Sec.  660.603  Electronic monitoring provider permits and 
responsibilities.

* * * * *
    (m) * * *
    (1) [Reserved]
* * * * *
    (4) The EM service provider must communicate with vessel operators 
and NMFS to coordinate data service needs, resolve specific program 
issues, and provide feedback on program operations. No later than 60 
days from the date of receipt of EM data for processing from the vessel 
operator, the EM service provider must provide feedback to vessel 
representatives, field services staff, and NMFS regarding:
* * * * *
    (5) Submission of data and reports. On behalf of vessels with which 
it has a contract (see Sec.  660.604(k)), the EM service provider must 
submit to NMFS logbook data, EM summary reports, including discard 
estimates, fishing activity information, and meta data (e.g., image 
quality, reviewer name), and incident reports of compliance issues 
according to a NMFS-accepted EM Service Plan, which is required under 
paragraph (b)(1)(vii) of this section, and as described in the EM 
Program Manual or other written and oral instructions provided by the 
EM program, such that the EM program achieves its purpose as defined at 
Sec.  660.600(b). Logbook data must be submitted to NMFS within 7 
business days of receipt from the vessel operator. EM summary reports 
must be submitted within 60 days of the date the EM data was received 
by the EM service provider from the vessel operator. If NMFS determines 
that the information does not meet these standards, NMFS may require 
the EM service provider to correct and resubmit the datasets and 
reports.
* * * * *
[FR Doc. 2023-15574 Filed 7-25-23; 8:45 am]
BILLING CODE 3510-22-P