[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Rules and Regulations]
[Pages 77228-77232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24377]



[[Page 77228]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 231031-0255]
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: Final rule.

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SUMMARY: NMFS issues this final rule 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 
improves observer data collection by requiring participating CPs 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 changes 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 (BSAI FMP), and other applicable laws.

DATES: This rule is effective December 11, 2023.

ADDRESSES: Electronic copies of the Regulatory Impact Review (RIR; 
referred to as the Analysis) prepared for this action are available 
from https://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 
final rule may be submitted to NMFS Alaska Region, P.O. Box 21668, 
Juneau, AK 99802-1668, Attn: Gretchen Harrington; and to https://www.reginfo.gov/public/do/PRAMain. Find the information collections by 
selecting ``Currently under Review'' or by using the search function 
and entering the title of the collection.

FOR FURTHER INFORMATION CONTACT: Joel Kraski, 907-586-7228, 
[email protected].

SUPPLEMENTARY INFORMATION: NMFS published a proposed rule in the 
Federal Register on July 6, 2023 (88 FR 43072), with public comments 
invited through August 7, 2023. NMFS received one comment letter on the 
proposed rule. A summary of the comment and NMFS' response are provided 
under the heading Comments and Responses section below.

Background

    This final rule is intended to improve data collection by observers 
deployed by the North Pacific Observer Program (Observer Program) for 
management of the BSAI pot gear CP sector (referred to as BSAI pot CP 
sector throughout) by revising the existing observer-associated 
monitoring requirements for the BSAI pot CP sector. At its February 
2023 meeting, the North Pacific Fishery Management Council (Council) 
took final action to recommend additional monitoring requirements for 
the BSAI pot CP sector. The following sections of this preamble 
generally describe the following: (1) the North Pacific Observer 
Program, (2) the BSAI pot CP sector, (3) and this final rule. A more-
detailed description of the North Pacific Observer Program, the BSAI 
pot CP sector, and the need for this action is provided in the preamble 
to the proposed rule and in the Analysis and is not repeated here.

North Pacific 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 describe 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. The LLP limits the number, size, and 
specific operation of vessels deployed in the groundfish fisheries in 
the Exclusive Economic Zone off Alaska (63 FR 52642, October 1, 1998; 
Sec.  679.4(k)(4)). The BSAI pot CP sector is relatively small, with 
only eight LLP licenses that are endorsed to allow CPs to fish for 
Pacific cod with pot gear in the Bering Sea (BS) or Aleutian Islands 
(AI), and only six of which were actively used to fish in 2022.
    The BSAI 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. 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 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 to target groundfish in the Community 
Development Quota (CDQ) Program (63 FR 30381, June 4, 1998), and this 
action does not change any aspect of the CDQ regulations (Sec.  
679.32). The CDQ Program allocates a percentage of BSAI quota 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

[[Page 77229]]

requires the same or stricter provisions as those set forth in this 
action for the non-CDQ pot CP sector.

This Final Rule

    This action requires BSAI Pot CP Pacific Cod directed fishery 
participants to carry at least one Level 2 observer at all times, 
requires participants to comply with pre-cruise meeting notifications, 
and requires 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. The three voluntary 
monitoring options for pot CP vessels included in this final rule 
establish regulations necessary to ensure the proper testing and 
maintenance of the equipment voluntarily installed by vessels to 
further improve the precision of observer data.
    This final rule restructures 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 
regulations for pot CPs; and (3) existing regulations for CPs and 
motherships participating in the halibut deck sorting program. This 
restructuring makes 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, and thus provide the public easier access to the 
regulations. This final rule revises subpart I, which currently applies 
only to equipment and operational requirements for the longline CP 
subsector, so that subpart I will also apply to the equipment and 
operational requirements for pot CPs and for (non-pot) CPs and 
motherships participating in the halibut deck sorting program. This 
final rule changes the title of Sec.  679.100 (from the current title, 
``Applicability'') to ``Longline Catcher/Processor Subsector,'' changes 
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 changes 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 (titled ``Halibut deck sorting'') in subpart K (similarly 
entitled ``Halibut Deck Sorting''), are moved to subpart I and 
redesignated as Sec.  679.102, with no other changes. As described 
further below, revised subpart I also includes new Sec.  679.101, which 
contains the new pot CP monitoring requirements and is 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 in the same subpart rather 
than dispersed among other subparts where they are harder to locate.
    This final rule includes three new monitoring regulatory elements 
for the BSAI pot CP sector. The first element adds paragraph (H) 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) is revised to add a reference 
to the new Sec.  679.51(a)(2)(vi)(H) requirement.
    The second element of this final rule adds paragraph (a) in new 
Sec.  679.101 to define the applicability of regulations at Sec.  
679.101 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 final rule adds paragraph (b) in 
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. These 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 final rule adds paragraph (c) in Sec.  
679.101 to include three additional voluntary monitoring options for 
pot CPs. The owner or operator of a vessel subject to this section may 
choose any, all, or none of these voluntary monitoring options: (1) 
providing a certified observer sampling station with a NMFS-approved 
motion-compensated platform (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 observers on board. Each of these options is explained in 
further detail in the following sections.

Observer Sampling Station Option

    The vessel operators 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 worktable, 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 workspace and higher precision equipment for observer use 
that improves observer data collection; however, installation of an 
observer sampling station can be costly. Section 679.101(c)(1) of this 
final rule applies if a vessel operator chooses to install an observer 
sampling station.

At-Sea Catch Weighing Option

    This final rule adds 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 (see Section 2.2.3.2 of Analysis). Use of a NMFS-
approved scale to measure total catch of Pacific cod simplifies 
observer data collection of Pacific cod total haul weights on pot CP 
vessels and improves precision of catch estimates. Installation of a 
NMFS-approved scale can be costly. To ensure catch monitoring is 
effective if a CP vessel uses such a scale, this final rule includes 
regulations that apply if a vessel operator 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 by providing 
a total weight of all retained catch.
    If vessel operators choose to acquire such scales, they are 
required to maintain them in accordance with the scale requirements at 
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 is required for each calendar day the scale 
is used at sea. In this testing, scales must perform within three 
percent of test weights using a NMFS-approved and certified MCP scale. 
More information about this testing can be found under the discussion 
of option 1 of element 3 in

[[Page 77230]]

the Analysis. Finally, vessel operators choosing this option are 
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 are similar to 
those imposed on the BSAI Pacific cod hook-and-line fishery (79 FR 
68610, November 18, 2014). This option can be selected by obtaining a 
Scale Inspection Report as detailed in Sec.  679.28(b)(2)(vii), and, if 
selected, the option remains in place for the 12-month duration 
approved in the Scale Inspection Report.

Additional Observer Option

    This final rule adds language in paragraph (c) of Sec.  679.101 and 
in Sec.  679.51(a)(2)(vi) to authorize a vessel to choose to carry one 
or more additional observers. Any observer in addition to the required 
Level 2 observer is not required to have observer certification 
endorsements in addition to the observer certification training 
endorsement specified at Sec.  679.53(a)(5)(i). 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 
an increase in the number of samples conducted. This option is already 
available 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 final rule adds provisions that expressly 
authorize and apply to the practice of voluntarily adding observers to 
increase the number of total hauls that are randomly sampled. If a 
vessel operator chooses this option, one observer is required to meet 
the Level 2 endorsement requirement in this final rule.

Changes From Proposed to Final Rule

    This final rule includes minor technical and organizational changes 
to account for the Pacific Cod Trawl Cooperative (PCTC) final rule (88 
FR 53704, August 8, 2023). The PCTC final rule implemented Amendment 
122 to the BSAI FMP. Amendment 122 established the Pacific Cod Trawl 
Cooperative Program, a limited access privilege program to harvest 
Pacific cod in the BSAI trawl catcher vessel sector. Among numerous 
other regulatory changes, the PCTC final rule modified 679.51(a)(2)(vi) 
by adding paragraph (G) and defined the ``NMFS Alaska Region website'' 
at Sec.  679.2. The PCTC final rule was published after the proposed 
rule for this action. The paragraph that appeared as Sec.  
679.51(a)(2)(vi)(G) in the proposed rule is included in this final rule 
as Sec.  679.51(a)(2)(vi)(H). Technical changes have been made to the 
rule in Sec. Sec.  679.51 and 679.100 to remove the URL for ``NMFS 
Alaska Region website.'' Technical changes were also made to 
679.101(c)(3)(i)(A) through (C) to clearly show that all three of the 
paragraphs are part of an additive list of requirements.

Comments and Responses

    NMFS received one comment letter in support of the action during 
the comment period. The comment letter was from a fishing company that 
operates a vessel impacted by this action and the letter contained one 
substantive comment that is summarized and responded to below.
    Comment 1: This action is needed to address known catch accounting 
issues in the fishery; we strongly support these changes.
    Response 1: NMFS acknowledges the comment.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator (AA) has determined that this final rule is 
consistent with Amendment 122 to the BSAI FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law.
    This final 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 implements 
this final 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 during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

Collection-of-Information Requirements

    This final 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 final rule revises 
existing collection-of-information requirements for OMB Control Number 
0648-0318 (North Pacific Observer Program), and revises and extends 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 final rule will be 
assigned a temporary control number, 0648-0815, 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.

OMB Control Number 0648-0815

    This final rule revises 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, 0648-0815, that will later be merged into OMB Control 
Number 0648-0318. This final rule requires 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 revises and extends 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 is 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 
final rule requires testing and inspections of the observer

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sampling station and NMFS-approved scales. This final rule does 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 revises and extends 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 is being 
revised because one of the voluntary monitoring options requires use of 
an electronic logbook. This final rule does 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 CP 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

    We invite the general public and other Federal agencies to comment 
on proposed and continuing information collections, which helps us 
assess the impact of our information collection requirements and 
minimize the public's reporting burden. Written comments and 
recommendations for this information collection should be submitted at 
the following website: https://www.reginfo.gov/public/do/PRAMain. Find 
the particular information collection by selecting ``Currently under 
Review'' or by using the search function and entering the title of the 
collection.
    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.

    Date: October 31, 2023.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 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.


Sec. Sec.  679.2, 679.7, 679.28, 679.32, 679.51, 679.63, 679.84, 
679.93  [Amended]

0
2. In 50 CFR part 679, remove the reference ``Sec.  679.120'' and add, 
in its place, the reference ``Sec.  679.102'' in the following places:
    (a) Sec.  679.2;
    (b) Sec.  679.7(e)(1), (2), (3), and (10), and (m)(4)(iv);
    (c) Sec.  679.28(d)(9), (d)(10)(iii)(A), and (l);
    (d) Sec.  679.32(c)(3)(i)(C)(4);
    (e) Sec.  679.51(a)(2)(vi)(F);
    (f) Sec.  679.63(a)(1);
    (g) Sec.  679.84(c)(1); and
    (h) Sec.  679.93(c)(1).

0
3. In Sec.  679.51, add paragraph (a)(2)(vi)(H) to read as follows:


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

    (a) * * *
    (2) * * *
    (vi) * * *
    (H) 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)(H)(1) of this section.
* * * * *


Sec.  679.53  [Amended]

0
4. In Sec.  679.53, amend paragraph (a)(5)(iv) introductory text by 
removing the phrase ``Sec.  679.51(a)(2)(vi)(A) through (E)'' and add, 
in its place, ``Sec.  679.51(a)(2)(vi)(A) through (H).''

0
5. Revise the heading of subpart I to read as follows:

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

0
6. Amend Sec.  679.100 by revising the section heading of Sec.  
679.100, the introductory text, paragraph (a), and paragraph (b) 
introductory text 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 1st 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. 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

[[Page 77232]]

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. 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
7. 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 
(c)(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 (c)(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)(H)(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); and
    (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]

0
8. Redesignate Sec.  679.120 of subpart K as Sec.  679.102 of subpart 
I.

Subpart K [Reserved]

0
9. Reserve subpart K.

[FR Doc. 2023-24377 Filed 11-8-23; 8:45 am]
BILLING CODE 3510-22-P