[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Rules and Regulations]
[Pages 81354-81360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25703]



[[Page 81354]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 231115-0269]
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: Final rule.

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SUMMARY: This final rule revises regulations governing the use of 
electronic monitoring (EM) in the Pacific Coast groundfish trawl 
fishery. This rulemaking modifies deadlines in Federal regulations for 
EM service providers to process EM data and submit vessel logbooks to 
NMFS. This action is intended to support the overarching goal of 
continually monitoring 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. This rulemaking also makes minor administrative 
changes to EM and other groundfish regulations to clarify the 
regulations, correct terminology, correct web addresses, and remove 
obsolete administrative requirements. 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 
revises the regulations to be consistent with current practice.

DATES: Effective December 22, 2023.

ADDRESSES: This rule is accessible via 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 and at the Pacific Fishery Management Council's 
website at https://www.pcouncil.org.

Electronic Access

    This final 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: Melissa Hooper, phone: 206-526-4357, 
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

    This action revises regulations governing the Pacific Coast 
groundfish trawl fishery. The groundfish trawl fishery is managed under 
a catch share program called the Trawl Rationalization Program, which 
was implemented through Amendment 20 to the FMP in January 2011. The 
Program consists of an individual fishing quota (IFQ) program for the 
shorebased trawl fleet (including whiting and non-whiting sectors), and 
cooperatives for the at-sea mothership (MS) and catcher/processor (C/P) 
trawl fleets (whiting only). As part of the Program, Amendment 20 
implemented requirements for 100 percent monitoring at-sea and dockside 
in order to ensure accountability for all landings and discards of 
allocated species. Catcher processors and motherships are required to 
carry two observers at all times, depending on the length of the 
vessel, and catcher vessels are required to carry one observer, 
including while in port until all fish are offloaded. In addition, 
first receivers, which are processors that are licensed to receive IFQ 
landings, are required to have catch monitors to monitor 100 percent of 
IFQ offloads. Vessel owners and first receivers are responsible for 
obtaining and funding catch share observers and catch monitors as a 
necessary condition of their participation in the program.
    Amendment 20 also authorized the use of EM as an alternative to 
human observers to meet the at-sea monitoring requirement, but deferred 
to a future regulatory amendment to specify the details of any EM 
program. EM uses cameras and associated sensors to passively record and 
monitor fishing activities. The video can be reviewed by an analyst 
onshore at a later time to collect catch and effort information. EM has 
the potential to reduce monitoring costs because it does not require 
deploying a person on the vessel and the logistical and travel expenses 
that generates. Note that the proposed rule for this action (88 FR 
48180; July 26, 2023) stated that Amendment 18 to the FMP authorized 
the use of EM in the groundfish fishery. While Amendment 18 did 
authorize the use of EM in general in the fishery, Amendment 20 created 
the requirement for 100 percent coverage in the trawl fishery and 
authorized the use of EM to meet that specific requirement, which is 
being modified by this final rule.
    The Council developed and implemented an EM program for shorebased 
whiting, bottom trawl, and fixed gear vessels, and at-sea whiting 
catcher vessels in the Trawl Program through two regulatory amendments 
in 2019 (84 FR 31146; June 28, 2019) and 2022 (87 FR 59705; October 3, 
2022). Two additional rulemakings in 2020 (85 FR 74613; November 23, 
2020) and 2021 (86 FR 55525; October 6, 2021) delayed the beginning of 
the EM program to provide time to refine its requirements and prepare 
for implementation. Vessels will be able to use EM under the regulatory 
program in place of observers beginning January 1, 2024. A more 
detailed discussion of the development of the EM program, including the 
use of exempted fishing permits (EFPs) in an experimental fishery, is 
described in the proposed rule for this action and in the prior 
regulatory amendments and is not repeated here.
    In preparation for the January 1 start of the program, the Council 
developed modifications to reporting deadlines and clarifications to 
the regulations for EM service providers to improve the efficiency and 
cost effectiveness of the program, which were published in a proposed 
rule July 26, 2023 (88 FR 48180). Further details on the development of 
this action can be found in the proposed rule and are not repeated 
here. Public comments were accepted on the proposed rule from July 26 
through August 25, 2023. No public comments were received.
    Through this final rule, NMFS is approving and implementing the 
Council's proposed revisions to the EM

[[Page 81355]]

regulations. NMFS has determined that the regulations are consistent 
with the goals and objectives of the Pacific Coast Groundfish FMP and 
the requirements of the MSA and other applicable law. This 
determination is based on NMFS' review of the administrative record, 
including the Council's record. After considering the required 
statutory factors and the goals and objectives of the Pacific Coast 
Groundfish FMP, NMFS has determined that the Council's recommended 
measures further the EM program's goals and objectives to provide for 
an alternative method of meeting the monitoring requirements of the 
Trawl Rationalization Program that reduces the costs and operational 
burden of these requirements, while ensuring the best scientific 
information available for conservation and management. Through this 
rule, NMFS is also approving some minor clarifications to other 
groundfish regulations.

Final Measures

    This section summarizes the measures contained in this final rule. 
To implement these measures NMFS revises the regulations in Sec. Sec.  
660.18, 660.25, 660.60, 660.140, 660.150, 660.160, and 660.603 to 
improve the effectiveness of the groundfish EM program and to correct 
and clarify other groundfish regulations.

1. EM Program Revisions

Discard Logbook Processing Deadline

    Through this final rule, NMFS is extending the deadline for EM 
service providers to process and submit logbook data to NMFS from 2 
business days to 7 business days (Sec.  660.603(m)(5)). In the EM 
program, vessel operators will record discards in their logbooks that 
will be used to debit discards of IFQ species from their vessel 
accounts. Vessel operators are required to submit copies of their 
logbooks to their contracted EM service provider within 24 hours of the 
end of an EM trip. EM service providers must then enter, quality check, 
and submit data from the logbooks to NMFS. NMFS uses the logbook data 
to initially debit the vessel's account for discards of IFQ species. 
Once video from the trip is reviewed, the logbook discard estimates may 
be replaced in the vessel's account with an EM discard estimate if the 
difference between the two estimates falls outside established 
performance standards.
    The 2-day deadline implemented in the original 2019 EM rule was 
based on logbook processing timelines achieved in the experimental EM 
fishery, which has been ongoing since 2015. Since that time, however, 
increased participation in the EFP has increased the volume of logbooks 
that must be processed and contributed to an increase in processing 
times. During the busiest times of the year, the EFP's video review 
provider, the Pacific States Marine Fisheries Commission (PSMFC), has 
reported that it can take up to 7 days after a trip to process the 
logbook. As EM participation levels are expected to remain constant or 
even grow in 2024 and beyond, the Council became concerned that the 2-
day processing deadline was unrealistic for EM service providers to 
meet during the busiest times of the year. An EM service provider could 
hire additional staff to ensure it could handle the increased workload, 
but that would likely increase the costs of the EM program and could 
make it a less cost-effective alternative to observers, inconsistent 
with the goals of the EM program as stated in the original EM 
regulatory amendment (84 FR 31146). Therefore, the Council recommended, 
and NMFS approves, extending the deadline for EM service providers to 
process logbooks after an EM trip, to provide operational flexibility 
to EM service providers and to improve the cost effectiveness of the EM 
program, consistent with the goals of the EM program and the Pacific 
Coast Groundfish FMP. Extending the logbook processing deadline also 
furthers the objectives of the EM program to reduce the logistical 
burden and adverse economic impacts of the 100 percent at-sea 
monitoring requirements on these vessels and their communities, 
consistent with National Standard 8 of the MSA.
    Extending the logbook processing deadline would delay the time for 
vessel accounts to be updated with initial discard estimates from 3 
days after a trip (1 day for the EM provider to receive the logbook and 
2 days to process it) to 8 days after a trip (1 day to receive the 
logbook and 7 days to process it), which could increase the risk of a 
vessel going into deficit if it continues fishing without accurate 
balances for IFQ quota pounds. However, vessel operators would retain 
copies of their logbooks that they could use to monitor their IFQ 
balances until accounts are updated with the logbook data. A processing 
timeline of approximately 1 week is also consistent with the timeline 
that human observer discard data posts to vessel accounts. Therefore, 
extending the logbook processing deadline maintains sufficient 
timeliness of information on discards of IFQ species for management 
decisions, while minimizing the costs of data collection requirements, 
consistent with National Standards 2 and 7 of the MSA.

EM Data Processing Deadlines

    Through this final rule, NMFS is extending the deadline for EM 
service providers to process EM data and submit reports to vessel 
operators and NMFS from 3 weeks to 60 days after receipt of the hard 
drive (Sec. Sec.  660.603(m)(4)-(5)). Following an EM trip, vessel 
operators are required to submit the hard drive containing the video 
imagery and sensor data to their contracted EM service provider for 
processing (generally within 72 hours of trip end). The EM service 
provider is responsible for reviewing and quality checking the imagery 
and sensor data and reporting its findings to NMFS. NMFS uses the 
summary data reported by the EM service provider to validate and, where 
appropriate, replace logbook discard estimates in vessel accounts, and 
to monitor compliance by vessel operators with the regulations. The EM 
service provider also provides feedback to the vessel operator on 
performance of the EM system and the crew from the trip based on review 
of the video.
    As with other EM program requirements, the 3-week deadline for EM 
data processing and reporting was based on the data processing 
timelines observed in the experimental EM fishery. As participation 
levels have increased, processing times have increased and raised 
concerns that EM service providers may not be able to meet the original 
3-week deadline in regulation during peak fishing seasons. EM service 
providers could hire additional staff to ensure that they could meet 
the 3-week processing deadline during peak fishing times, but this 
would likely increase the cost of EM and could reduce the cost 
effectiveness of the program as an alternative to human observers. 
Maintaining a year-round staff level that could meet the 3-week 
deadline at peak fishing times would also result in an overcapacity of 
reviewers at slower times of year. On the other hand, it is not a 
position that can easily be filled on a temporary or seasonal basis. 
Video reviewers require specialized training and experience in species 
identification, fishing operations, and regulations to interpret what 
they see on video and many EM service providers try to recruit former 
fisheries observers to ensure the best data quality. In addition, PSMFC 
noted during development of this action that they already struggle to 
recruit qualified reviewers in the current competitive employment 
market and seasonal

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positions would be even less appealing to job seekers.
    In light of these concerns, the Council considered two alternate 
deadlines for EM data processing of 60 days and 90 days, based on 
timelines observed in the experimental fishery since 2015 and feedback 
from EM service providers. In general, extending the deadline for 
processing and reporting of EM data would delay the availability of 
this information to NMFS and vessel operators. NMFS relies on reports 
from EM service providers to validate logbook-reported discards that 
were used to debit vessel accounts in the interim and ensure accurate 
IFQ account balances. Vessel operators in turn use updated vessel 
account balances to determine if they have sufficient quota pounds to 
cover additional fishing trips. Vessel operators are responsible for 
ensuring they have sufficient quota to cover any landings and discards 
of IFQ species and may not fish if their account is in deficit. Vessel 
operators may purchase additional quota to cover any deficit, including 
for a brief period after the end of the fishing year, and resume 
fishing when their account is in good standing, or carryover a deficit 
(up to 10 percent) to the following year if they cease fishing. 
Therefore, timely updates of vessel account balances are important for 
ensuring that fishermen have the most accurate information for their 
fishing operations and to prevent deficits. Less timely updates to 
vessel accounts could mean more fishing trips taken on provisional 
information and increased risk of unexpected deficits.
    On an individual level, vessel owners could mitigate their risk of 
incurring a deficit by keeping a larger balance for IFQ species that 
they are concerned about, or by taking more time between trips. A 
vessel owner could weigh the trade-off between the likelihood of a 
deficit, the cost of carrying a larger balance (in terms of the cost of 
quota that must be purchased or lost revenue from a quota sale 
forgone), the lost revenue from postponing a trip to wait for EM data 
to be finalized, and determine the best option for their own business. 
A vessel owner could also reduce the risk of a surprise deficit by 
ensuring their captain's logbook discard estimates meet the performance 
standards and will not be replaced by EM data. A vessel owner could 
also choose not to participate in the EM program and instead opt for a 
human observer if they want timelier final discard information. Thus, 
even with an extended deadline, vessel operators have a suite of 
options to maximize fishing activity while avoiding exceeding available 
quota.
    NMFS and the Council also rely on accurate vessel account balances 
to control fishing mortality in the trawl fishery to prevent overages 
of the overall trawl sector allocations and Annual Catch Limits (ACLs). 
However, extending the EM data processing deadline is unlikely to 
increase the risk of an overage for most species because most 
groundfish IFQ species are under-attained. The species at greatest risk 
would be those with small allocations or high attainment, such as 
yelloweye rockfish or sablefish north of 40[deg]10'N latitude, 
respectively. Vessels try to avoid catching species with small 
allocations altogether because of their correspondingly small 
individual allocations. Even if one vessel were to exceed its 
individual allocation, it is unlikely many other vessels would and so 
uncaught pounds of the species could be found elsewhere in the trawl 
fishery or other sectors to cover the overage without exceeding the 
ACL. In addition, since the implementation of total accountability for 
all discards in the Trawl Program, the trawl fishery has become highly 
selective, with discards accounting for a small portion of total catch. 
Therefore, increased variability in discard estimates from EM vessels, 
which is an even smaller portion of total trawl discards, would be 
unlikely to pose a problem at the sector or ACL level.
    NMFS and vessel operators also use the feedback from the video 
review to ensure that EM systems are meeting performance standards and 
that vessel crews are complying with catch handling instructions, EM 
system care responsibilities, and other regulations. While hard drives 
are waiting to be reviewed, EM vessels are still taking new fishing 
trips and a delay in review of the EM data could mean that compliance 
or performance issues are not identified and corrected in a timely 
manner, leading to reduced data quality. However, the EM program 
regulations include a number of safeguards to reduce the likelihood 
that an EM system malfunction or compliance issue will occur or, if it 
does occur, go undetected to the extent that it would substantively 
impact overall data quality.
    For example, most vessels in the EM program participated in the 
experimental EM fishery and their crews are experienced in the catch 
handling, EM system care responsibilities, and other program 
requirements. In addition, all captains are required to attend an 
orientation session hosted by NMFS on EM program requirements and must 
undergo a briefing with their EM provider's staff on the EM system and 
proper catch handling onboard their vessel before obtaining their EM 
Authorization. Vessel operators are also required to run a test before 
each trip to ensure that the EM system is working properly and, if an 
issue affecting EM data collection (referred to as a ``critical'' 
malfunction) is identified, may not fish until it is resolved. These 
measures reduce the likelihood of a critical malfunction, crew error, 
or other issue occurring that will impact data collection and affect 
discard estimates.
    There are other measures in place to disincentivize intentional 
tampering with the EM system to hide illegal discard events or other 
compliance issues. If a critical malfunction occurs at sea, such as the 
system losing power or a critical camera view going out, the vessel 
must stop fishing and attempt to resolve the issue. If they cannot 
resolve the issue, they must end their trip and return to port. This 
creates a strong incentive to maintain the EM system in good working 
order and against intentional tampering, even if there is a delay in 
detection from delayed video processing.
    Finally, violation of any of the EM program's requirements, 
intentional or otherwise, could result in monetary fines through 
enforcement action and even expulsion from the EM program, whether 
detected 1 month or 3 months after the trip. In this way, a participant 
would be unlikely to jeopardize the cost savings and other benefits 
they derive from using EM by not complying with the EM program 
requirements even under an extended EM data processing deadline.
    The Council weighed all these trade-offs between data timeliness 
and cost, and determined that a 60-day deadline for processing and 
reporting of EM data was the right balance between the need for timely 
data for management and cost effectiveness of EM. The Council 
considered but rejected a 90-day deadline, because it would be too long 
of a delay in availability of data and in updating vessel accounts. 
NMFS approves the Council's recommendation for extending the deadline 
for EM service providers to process EM data after an EM trip to provide 
operational flexibility to EM service providers and to improve the cost 
effectiveness of the EM program, consistent with the goals of the EM 
program, the Pacific Coast Groundfish FMP, and the MSA. Extending the 
EM data processing deadline also furthers the objectives of the EM 
program to reduce the logistical burden and adverse economic impacts of 
the 100-percent at-sea monitoring

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requirements on these vessels and their communities, consistent with 
National Standard 8 of the MSA. As discussed above, extending the EM 
processing deadline maintains sufficient timeliness of information on 
discards of IFQ species for management decisions, while minimizing the 
costs of data collection requirements, consistent with National 
Standards 2 and 7 of the MSA.

Revise EM Discard Data Method Language

    NMFS is clarifying and simplifying the current EM regulations by 
removing the paragraph at Sec.  660.603(m)(1) that 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 information is already stated in the 
introductory paragraph at Sec.  660.603(m) and at Sec.  660.603(m)(5). 
The Council recommended a change to the language at Sec.  660.603(m)(1) 
because it was concerned that the existing language implies a 
requirement for all EM service providers to process EM data using the 
same methods and methods prescribed by NMFS, which was not the intent 
of the EM program. Rather, the regulations establish the 
responsibilities of the EM service provider (to process the EM data and 
report findings to NMFS) and the standards they must meet (the purpose 
of the EM program as defined Sec.  660.600(b)), but leave flexibility 
for EM service providers to design different methods to conduct the 
data processing and reporting in the way that best suits their 
business. EM service providers must detail their methods in their 
permit application which allows NMFS to review them and ensure they 
meet the program standards. Paragraphs Sec. Sec.  660.603(m) and 
660.603(m)(5) accurately reflect this intent. Removing paragraph Sec.  
660.603(m)(1) prevents any confusion with the requirement and has no 
substantive effect on the operation of the EM program. Therefore, NMFS 
has approved this administrative change to improve the clarity and 
effectiveness of the EM regulations, consistent with the Pacific Coast 
Groundfish FMP and the MSA.

2. Administrative Revisions

    This final rule makes some minor administrative, non-substantive 
revisions to the Pacific Coast groundfish fishery regulations to 
correct terminology, correct web addresses, and remove some obsolete 
administrative requirements. Pursuant to Secretarial authority under 
MSA section 305(d), this part of the action is necessary to carry out 
the Pacific Coast Groundfish FMP and implementing regulations at 50 CFR 
660.
    NMFS revised the regulations throughout part 660 to correct 
misspellings and update web addresses and terminology. In many places 
in the regulations governing the Pacific Coast groundfish fisheries, 
the term `cooperative' is abbreviated to `coop', rather than `co-op'. 
This final rule corrects the abbreviation throughout this Part. This 
final rule also corrects obsolete web addresses and outdated references 
to the NMFS `Northwest Region', which, as of 2013, is now the West 
Coast Region.
    NMFS revised the regulations governing the limited entry trawl 
fishery at Sec. Sec.  660.140, 660.150, and 660.160 to remove the 
requirement for NMFS to mail paper reminders to fishery participants to 
renew their quota share permits, vessel accounts, and first receiver 
site licenses. During the COVID-19 global pandemic, NMFS transitioned 
these reminders to an electronic format. This final rule revises the 
regulations to be consistent with current practice.
    In this final rule, NMFS revised regulations Sec. Sec.  
660.18(d)(1), 660.140, 660.150, and 660.160 governing the issuance of 
various trawl fishery permits to remove the requirement for NMFS to 
issue an Initial Agency Determination (IAD) for both approvals and 
disapprovals of applications. The purpose of an IAD is to notify the 
applicant of the agency's decision, its rationale, and the applicant's 
appeal rights. Since an applicant has no reason to appeal an approval 
of their application, it is unnecessary to issue an IAD for a permit 
approval. Rather, the permit itself services as notification of the 
application approval. In addition, the permit decisions for which NMFS 
is revising the IAD requirement involve little agency discretion that 
would require explanation in an IAD. Unlike initial qualification 
decisions in which approval of an application may also involve 
calculation of an allocation that an approved applicant may wish to 
dispute, for the permit decisions addressed in this rule NMFS must 
issue a permit to any applicant that meets the eligibility criteria. 
Removing the requirement for NMFS to issue an IAD for approvals of 
these types of permits reduces paperwork for both NMFS and the 
applicants. IADs would still be issued for all permit denials.
    Through this final rule, NMFS also revised the regulations at Sec.  
660.113(c)(4) and (d)(4) to remove the requirement for MS and C/P 
cooperatives to submit cease-fishing reports to NMFS at the end of 
their fishing seasons. Cease-fishing reports were used by NMFS to 
safely reapportion uncaught allocation between the MS and C/P sectors 
to be used by the sector still fishing without putting the other sector 
at risk of an overage. Amendment 21-4 to the FMP (42 FR 68799, December 
17, 2019) removed 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 for these stocks in the at-sea sectors 
(the MS and C/P cooperatives). Without non-whiting groundfish 
allocations, cease-fishing reports are obsolete and should have been 
removed with other reapportionment procedures by Amendment 21-4. This 
rule corrects that error.

Classification

    NMFS is issuing this rule pursuant to section 304(b)(1)(A) and 
305(d) of the Magnuson-Stevens Act, which provides specific authority 
and procedure for implementing this action. See 16 U.S.C. 
1854(b)(1)(A), 1855(d). The majority of this rulemaking is promulgated 
pursuant to section 304(b)(1)(A); the Council recommended this action 
at its March 2023 meeting. This rulemaking also includes minor 
regulatory changes promulgated pursuant to section 305(d). This action 
is necessary to improve comprehensibility of the regulations by 
updating and revising outdated regulations.
    The NMFS Assistant Administrator has determined this final rule is 
consistent with the 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.
    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.
    This final rule revises existing requirements for the collection of 
information approved under the

[[Page 81358]]

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 days from the date 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: November 16, 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 
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:
0
a. Removing the word ``coop'' and adding in its place the word ``co-
op'' wherever it appears; and
0
b. Removing the word ``Coop'' and adding in its place the word ``Co-
op'' wherever it appears.

0
3. 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
4. Amend Sec.  660.25 by:
0
a. Revising paragraph (b)(3)(iv)(C)(2) and (b)(4)(ix); and
0
b. Removing the phrase ``National Marine Fisheries Service, Northwest 
Region'' and adding in its place the phrase ``NMFS West Coast Region'' 
in paragraph (g)(3)(ii).
    The revisions 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
5. 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.
* * * * *


Sec.  660.113  [Amended]

0
6. Amend Sec.  660.113 by removing and reserving paragraphs (c)(4) and 
(d)(4).

0
7. Amend Sec.  660.140 by:
0
a. Revising paragraphs (d)(2)(iii)(A) and (d)(3)(i)(B);
0
b. Removing ``http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm'' and adding ``https://www.fisheries.noaa.gov/region/west-coast'' in its place in paragraph (d)(8)(v)(B);
0
c. Removing the phrase ``NMFS, Northwest Region'' and adding in its 
place the phrase ``NMFS West Coast Region'' in paragraph 
(d)(8)(vii)(B); and
0
d. Revising paragraphs (e)(2)(ii), (e)(3)(i)(B), (f)(3) introductory 
text, (f)(4), and (f)(6)(i).
    The revisions 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) * * *

[[Page 81359]]

    (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 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
8. Amend Sec.  660.150 by:
0
a. Revising paragraph (d)(2).
0
b. Removing ``http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm'' adding ``https://www.fisheries.noaa.gov/region/west-coast'' in its place in paragraph (g)(6)(iv)(B); and
0
c. Removing the phrase ``NMFS, Northwest Region'' and adding in its 
place the phrase ``NMFS West Coast Region'' in paragraph (g)(6)(vi)(B).
    The revision reads 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
9. Amend Sec.  660.160 by:
0
a. Removing ``NMFS NWR'' and adding ``NMFS WCR'' in its place in 
paragraph (d)(1)(iii);
0
b. Removing ``http://www.nwr.noaa.gov'' and adding https://www.fisheries.noaa.gov/region/west-coast in its place in paragraph 
(d)(1)(iii); and
0
c. Revising paragraph (d)(2).
    The revision reads as follows:


Sec.  660.160  Catcher/processor (C/P) 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 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
10. Amend Sec.  660.603 by removing and reserving paragraph (m)(1) and 
revising paragraphs (m)(4) introductory text and (m)(5).
    The revisions read as follows:


Sec.  660.603  Electronic monitoring provider permits and 
responsibilities.

* * * * *
    (m) * * *
    (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

[[Page 81360]]

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. 2023-25703 Filed 11-21-23; 8:45 am]
BILLING CODE 3510-22-P