[Federal Register Volume 89, Number 145 (Monday, July 29, 2024)]
[Rules and Regulations]
[Pages 60796-60817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15931]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 679

[Docket No. 240715-0195]
RIN 0648-BM40


Fisheries of the Exclusive Economic Zone Off Alaska; Amendment 
126 to the Fishery Management Plans for Groundfish of the Bering Sea 
and Aleutian Islands Management Area and Amendment 114 to the Fishery 
Management Plan for Groundfish of the Gulf of Alaska To Expand 
Electronic Monitoring to the Pollock 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 implement amendment 126 to the 
Fishery Management Plan (FMP) for Groundfish of the Bering Sea and 
Aleutian Islands Management Area (BSAI) and amendment 114 to the FMP 
for Groundfish of the Gulf of Alaska (GOA). Amendments 126/114 
implement an electronic monitoring (EM) program for pelagic trawl 
pollock catcher vessels and tender vessels delivering to shoreside 
processors and stationary floating processors in the Bering Sea (BS), 
Aleutian Islands (AI), and GOA. This final rule is intended to promote 
the goals and objectives of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act), amendments 126/114, the BSAI 
FMP, the GOA FMP, and other applicable laws.

DATES: Effective August 28, 2024.

ADDRESSES: Electronic copies of amendment 126 to the BSAI FMP and 
amendment 114 to the GOA FMP (collectively, the FMPs) and the 
Environmental Assessment/Regulatory Impact Review prepared for this 
action (the analysis), and the Finding of No Significant Impact 
prepared for this action may be obtained from https://www.regulations.gov and 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 
www.reginfo.gov/public/do/PRAMain. Find the particular information 
collection by using the search function.

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

SUPPLEMENTARY INFORMATION: This final rule implements amendments 126/
114 to the FMPs. NMFS published a Notice of Availability for amendments 
126/114 in the Federal Register on January 22, 2024 (89 FR 3902), with 
public comments invited through March 22, 2024. NMFS published a 
proposed rule to implement amendments 126/114 in the Federal Register 
on February 5, 2024 (89 FR 7660), with public comments invited through 
April 5, 2024. The Secretary of Commerce approved amendments 126/114 on 
April 15, 2024, after considering information from the public and 
determining that amendments 126/114 are consistent with the BSAI and 
GOA FMPs, the Magnuson-Stevens Act, and other applicable laws.
    Per section 313 of the Magnuson-Stevens Act, NMFS conducted public 
hearings to accept oral and written comments on the proposed rule in-
person for Alaska and virtually for Oregon and Washington. The first 
public hearing was held on February 28, 2024, in Kodiak, Alaska. The 
second virtual public hearing took place on March 12, 2024.
    NMFS received 17 comment letters on the proposed rule. NMFS 
considered 25 unique relevant written and oral comments received by the 
end of the applicable comment period and at a public hearing, whether 
specifically directed to the FMP amendments or the proposed rule. NMFS 
considered the 25 unique comments in reaching the approval decision for 
amendments 126/114. A summary of the comments and NMFS' responses are 
provided under the heading Comments and Responses section below. NMFS 
received one comment that was outside the scope of this action.

North Pacific Observer Program

    The Observer Program, part of the Fisheries Monitoring and Analysis 
Division of the Alaska Fisheries Science Center, implements a suite of 
requirements for observation and reporting of fishing activities that 
plays an integral role 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. The Observer 
Program provides the regulatory framework for NMFS-certified observers 
(observers) and EM systems to be deployed on board vessels to obtain 
information necessary for the conservation and management of the 
groundfish and halibut fisheries.

Integrating Electronic Monitoring Into the Observer Program

    The North Pacific Fishery Management Council (Council) and NMFS 
developed this final action based on input received from the Council's 
Trawl EM Committee, 3 years of data gathered through the exempted 
fishing permit (EFP) process, and public input through the Council 
process and the hearings and comment periods associated with this final 
rule. The rule provides an option for participants in the partial and 
full coverage observer categories using pelagic trawl gear to directed 
fish for pollock, as well as tender vessels delivering pollock to 
shoreside processors or stationary floating processors, to choose to be 
in a new category: the trawl EM category.
    This final rule makes EM an option for catcher vessels directed 
fishing for pollock with pelagic trawl gear in the BS, AI, or GOA 
fisheries (hereinafter ``catcher vessels'') and associated tender

[[Page 60797]]

vessels delivering pollock to shoreside processors or stationary 
floating processors in the BS, AI, and GOA. The preamble to the 
proposed rule to implement amendments 126/114 (89 FR 7660, February 5, 
2024) contains a detailed description of the background for this 
action, which is not repeated here.
    Under this final rule, EM systems installed aboard the catcher 
vessels and tenders will collect at-sea data that NMFS will use to 
monitor vessels' compliance with Federal regulations and catch handling 
requirements. The implementation of EM has the potential to reduce 
economic and operational costs associated with deploying observers on 
catcher vessels. EM will improve salmon accounting for all associated 
species, reduce monitoring costs, and improve the quality of monitoring 
data.
    In consultation with the Council, NMFS has flexibility to provide 
observer coverage to respond to the scientific and management needs of 
the fisheries. By integrating EM on catcher vessels directed fishing 
for pollock with pelagic trawl gear, the Council and NMFS seek to 
preserve and increase this flexibility by implementing adaptable 
monitoring plans. With this final rule, NMFS, in consultation with the 
Council, is able to deploy EM tools tailored to the needs of different 
fishery sectors, just as it does with observers, through the Annual 
Deployment Plan (ADP).

Trawl EM Category

    This final rule establishes the process to allow owners or 
operators of catcher vessels and tender vessels in the pelagic pollock 
fisheries to choose to be in the trawl EM category and, therein, to use 
an EM system in place of an observer in most cases. Participation in 
the trawl EM category is voluntary, and a vessel owner or operator 
could choose on an annual basis to request a vessel's placement in the 
trawl EM category.
    This final rule also establishes the requirements for use of an EM 
system to monitor whether discards at sea occur. Furthermore, review of 
EM video footage will be used to verify vessel discard estimates 
submitted by those catcher vessels using pelagic trawl gear and tender 
vessels that choose to be in the trawl EM category. For vessels in the 
trawl EM category, the data collection previously conducted by at-sea 
observers will be completed by observers stationed at the processor 
receiving the catch.
    In the event NMFS identifies additional data that cannot be 
collected at the processor when this program is implemented, NMFS 
retains the authority to deploy at-sea observers on catcher vessels in 
the trawl EM category. Additionally, some level of in-person at-sea 
data collection in the pollock fisheries will continue to be necessary 
to collect certain spatial and biological data. NMFS will make these 
observer coverage decisions through the ADP process.
    In addition to observers stationed at shoreside processors and 
stationary floating processors, Catch Monitoring Control Plans (CMCPs) 
and Vessel Monitoring Plans (VMPs) will be used to determine and 
achieve the sampling objectives NMFS outlines in the ADP. The onboard 
EM systems will ensure that vessels meet compliance monitoring 
objectives while also establishing a chain of custody for prohibited 
species catch (PSC). Observers at shoreside processors or stationary 
floating processors will then collect species composition, PSC, and 
biological samples as determined by the Alaska Fisheries Science 
Center, Fisheries Monitoring and Analysis Division. The flexibility 
offered by the ADP allows NMFS to achieve transparency, accountability, 
and efficiency from the Observer Program to meet its various 
objectives. The ADP process ensures that the best available information 
is used to evaluate deployment, including scientific review and Council 
input, to annually determine deployment methods.
    For all fishing trips in the trawl EM category, all vessels will be 
required to improve retention (i.e., minimize discards to the greatest 
extent practicable) and record all catch handling. All EM data will be 
submitted as required to NMFS for review to ensure the trawl EM 
category elements are followed. Failure to meet the program objectives, 
as outlined in the ADP and VMP, may result in disapproval of further 
participation in the trawl EM category and enforcement action.
    This final rule implements requirements applicable to the 
following: (1) catcher vessels in the trawl EM category; (2) tender 
vessels, shoreside processors, and stationary floating processors 
receiving deliveries from catcher vessels in the trawl EM category; (3) 
observer providers; and (4) EM service providers for vessels in the 
trawl EM category.
    Under this final rule, a catcher vessel remains subject to observer 
coverage, described at Sec.  679.51(a)(1) or Sec.  679.51(a)(2), unless 
NMFS approves a request for placement of the catcher vessel in the 
trawl EM category. This final rule establishes monitoring requirements 
for tender vessels that receive deliveries from a catcher vessel in the 
trawl EM category. Shoreside processors and stationary floating 
processors are subject to observer coverage requirements at Sec.  
679.51(b)(1) or Sec.  679.51(b)(2). This final rule establishes 
additional observer sampling station and monitoring requirements at 
Sec.  679.28(g)(7) through (10) for shoreside processors and stationary 
floating processors. These observer sampling station and monitoring 
requirements previously existed for shoreside processors and stationary 
floating processors receiving American Fisheries Act (AFA) deliveries. 
Under this final rule, those requirements are expanded to any plant 
receiving trawl EM deliveries to support shoreside observers and 
include additional requirements, such as updating spatial requirements 
to allow for new data collections. Additionally, under this final rule, 
entities intending to provide EM hardware to vessels in the trawl EM 
category are required to obtain an EM hardware service provider permit 
as specified at Sec.  679.52(d) and (e).

Annual Request for Placement in the Trawl EM Category and Compliance

    Under this final rule, eligible vessel owners or operators of 
catcher and tender vessels may voluntarily request to participate in 
the trawl EM category annually through the Observer Declare and Deploy 
System (ODDS) by November 1 and, if approved, will be subject to 
coverage requirements as specified by NMFS. Specifically, any owner or 
operator of a catcher vessel with a pollock pelagic trawl endorsement 
on their Federal Fisheries Permit (FFP) or a tender vessel receiving 
deliveries from these catcher vessels may request to be in the trawl EM 
category.
    This final rule establishes responsibilities for the owner or 
operator of a catcher vessel or tender vessel in the trawl EM category 
to install and maintain an EM system. Vessels in the trawl EM category 
are to comply with all provisions of the trawl EM category, including 
those specified in regulations, the ADP, and in their individual VMPs. 
This final rule also adds regulations at Sec.  679.51(g) to specify the 
EM system requirements for vessels using pelagic trawl gear.
    A vessel will remain in the trawl EM category for all directed 
fishing for pollock with pelagic trawl gear for the entirety of the 
fishing year for which they request to participate in the trawl EM 
category. This requirement is needed to maintain the sampling design 
outlined in the ADP. A tender vessel

[[Page 60798]]

will remain in the trawl EM category at all times when receiving catch 
from a catcher vessel in the trawl EM category during the fishing year. 
A catcher vessel in the trawl EM category must deliver catch only to a 
tender vessel, shoreside processor, or stationary floating processor 
that is also approved to participate in the trawl EM category.

Trawl EM Coverage

    This final rule establishes two coverage categories within the 
trawl EM category: (1) full coverage; and (2) partial coverage. Unless 
otherwise specified, the trawl EM category encompasses both the full 
coverage and partial coverage trawl EM categories.

Full Coverage Trawl EM Category

    The final rule at Sec.  679.51(g)(1)(i)(A)(2) defines the full 
coverage trawl EM category for catcher vessels operating in the BS or 
Community Development Quota (CDQ) fisheries. These vessels are 
currently in the Observer Program's full coverage category. For the 
fishing year, if a catcher vessel is approved to be in the full 
coverage trawl EM category, that vessel will be subject to this final 
rule for every fishing trip in which the vessel deploys pelagic trawl 
gear. This means, in addition to other requirements, that these vessels 
must ensure their EM systems are operating and actively recording for 
the duration of every pelagic trawl gear fishing trip and associated 
offload. The owner or operator of a vessel in the full coverage trawl 
EM category will be responsible for contracting with a permitted EM 
hardware service provider, as specified at Sec.  679.51(g)(1)(ix)(B), 
to procure, install, and maintain EM equipment on their vessel. To pay 
for video review services for vessels in the full coverage trawl EM 
category, this final rule establishes a new full coverage EM review fee 
at Sec.  679.56.

Partial Coverage Trawl EM Category

    The final rule at Sec.  679.51(g)(1)(i)(A)(1) defines the partial 
coverage trawl EM category for catcher vessels operating in the GOA or 
AI. These vessels are currently in the Observer Program's partial 
coverage category.
    Catcher vessels approved to be in the partial coverage trawl EM 
category must continue to log all trips in ODDS. Access to ODDS is 
available through the NMFS Alaska Region website (see ADDRESSES). For 
the fishing year, every fishing trip in which a partial coverage 
catcher vessel deploys solely pelagic trawl gear is considered a part 
of the trawl EM category. This means that these vessels must, in 
addition to other requirements, ensure their EM systems are operating 
and actively recording for the duration of every fishing trip and 
associated offload. Vessels in the partial coverage trawl EM category 
are prohibited from deploying non-pelagic trawl gear while on a fishing 
trip subject to EM coverage. Catcher vessels in the partial coverage 
trawl EM category are required to deliver catch only to tender vessels 
or processors in the trawl EM category having a NMFS-approved VMP or 
CMCP. Vessels in the partial coverage trawl EM category will use NMFS' 
contracted EM hardware service provider that has been procured through 
the partial coverage fee program. EM equipment for vessels in the 
partial coverage trawl EM category are paid for by the observer fees as 
specified at Sec.  679.55.

Tender Vessels

    This final rule adds EM requirements for tender vessels that are 
used to transport unprocessed groundfish received from a catcher vessel 
in the trawl EM category to an associated processor. As part of the 
unprocessed groundfish chain of custody, it is necessary for tender 
vessels to comply with EM requirements to ensure no sorting of catch 
occurs before the catch reaches the processor. This final rule at Sec.  
679.51(g)(1)(i)(B) allows the owner or operator of a tender vessel to 
request to be placed in the trawl EM category before receiving any 
delivery from a catcher vessel in the trawl EM category. A tender 
vessel that is approved to be in the trawl EM category must comply with 
applicable vessel responsibilities specified at Sec.  679.51(g)(3) for 
every delivery received and offloaded subject to the trawl EM category, 
including ensuring their EM system is operating and actively recording 
for the duration of every such trip and associated offload.

Shoreside Processors and Stationary Floating Processors

    For shoreside processors or stationary floating processors to 
receive deliveries from vessels in the trawl EM category, this final 
rule includes additional catch handling requirements. Shoreside 
processors or stationary floating processors indicate their intent to 
receive trawl EM category deliveries in the upcoming fishing year 
during the annual CMCP process. Under this final rule at Sec.  
679.28(g)(7), (9), and (10), shoreside processors or stationary 
floating processors receiving deliveries from vessels in the trawl EM 
category are required to follow specified salmon sorting and handling 
procedures to ensure shoreside observers have full access to salmon 
bycatch. This final rule at Sec.  679.28(g)(9) allows observers at 
these processors to collect full salmon and Pacific halibut data and 
necessary biological samples, which are vital in monitoring the health 
and status of those stocks in Alaska.
    Current regulations at Sec.  679.21(f)(15)(ii)(C) require salmon 
retention and storage for processors in the BS pollock fishery. This 
final rule moves these existing regulations to Sec.  679.28(g)(9)(ii) 
and (g)(10) and extends those regulations to shoreside processors and 
stationary floating processors receiving deliveries from vessels in the 
trawl EM category in the GOA. Each year, NMFS publishes an Observer 
Sampling Manual, which contains the comprehensive sampling procedures 
and methods to be used by observers to collect fishery-dependent data 
but does not establish the sampling rate. The criteria used to 
determine the sampling rate required at shoreside processors and 
stationary floating processors receiving deliveries from vessels in the 
trawl EM category will be determined annually and published in the ADP.

EM Service Providers

    There are currently two types of EM service providers: (1) EM 
hardware service providers that equip and maintain EM systems aboard 
vessels; and (2) EM review service providers that receive and review EM 
data from EM systems. This final rule adds a regulation at Sec.  679.2 
to define both kinds ofEM service providers. NMFS may contract with or 
grant a permit to a prospective EM hardware service provider if their 
data are able to be reviewed by the current EM service provider NMFS 
has selected for reviewing EM data.

EM Hardware Service Provider Permit

    This final rule at Sec.  679.52(d) adds the procedures for EM 
hardware service providers to obtain an EM hardware service provider 
permit and the responsibilities of EM hardware service providers. 
Prospective EM hardware service providers need to obtain an EM hardware 
service provider permit. Once approved and issued by NMFS, the EM 
hardware service provider permit is valid until the provider does not 
provide EM services for a period of 12 consecutive months to vessels in 
the trawl EM category or until NMFS removes the permit. Performance of 
the EM hardware service provider will be assessed annually on the 
ability of the provider to meet program objectives as outlined in Sec.  
679.51 and the ADP.

[[Page 60799]]

EM Review Service Providers

    An EM data review service provider is a provider that NMFS 
contracts with, or otherwise has an established business relationship 
with, to review, interpret, or analyze EM data as required under this 
final rule at Sec.  679.51. To avoid conflicts of interest, NMFS will 
select EM data review service providers that do not have a direct 
financial relationship with vessels in the trawl EM category.

EM Equipment and VMPs

    The operator of each catcher vessel or tender vessel approved by 
NMFS to be in the trawl EM category must make their vessel available to 
an EM hardware service provider for installation and servicing of all 
required EM system components according to this final rule at Sec.  
679.51(g)(1)(ix). The EM hardware service provider will install the EM 
system and cameras in locations that meet the monitoring objectives 
annually specified in the ADP. Full coverage vessels will choose their 
permitted EM hardware service provider, while NMFS will assign partial 
coverage catcher vessels or tender vessels a NMFS-permitted EM hardware 
service provider.
    If a vessel already has an EM system installed from a non-permitted 
EM hardware service provider, the catcher vessel or tender vessel 
operator will work with a NMFS-permitted EM hardware service provider 
to modify the EM system as necessary to meet the specifications in the 
trawl EM category.
    After EM equipment has been installed or serviced, the catcher 
vessel or tender vessel operator will develop a VMP with the EM 
hardware service provider and submit it to NMFS for approval according 
to this final rule at Sec.  679.51(g)(2). A VMP is a document that 
outlines operator responsibilities for the trawl EM category, including 
requirements for sending EM data to the EM data review service provider 
for review, restrictions should EM equipment malfunction, and how 
feedback from NMFS or the EM data review service provider will be 
communicated to vessel operators. NMFS provides a VMP template for 
guidance to the EM service provider and the vessel operator on the 
elements NMFS requires in a final NMFS-approved VMP.
    The catcher vessel or tender vessel operator must agree to comply 
with the components of the VMP, acknowledge as much by signing the VMP, 
and submit the signed VMP to NMFS. NMFS reviews the VMP for 
completeness and may request additional clarification. If the VMP meets 
the requirements established in the VMP template, NMFS will approve the 
VMP and place the vessel in a trawl EM category for the upcoming 
fishing year.
    A catcher vessel or tender vessel in the trawl EM category is 
required to maintain a copy of their current NMFS-approved VMP onboard 
at all times while that catcher vessel conducts fishing activities, or 
tender vessel receives EM deliveries, as part of the trawl EM category. 
If NMFS does not approve the VMP, NMFS will issue an initial 
administrative decision (IAD) to the vessel owner or operator that will 
explain the basis for the disapproval. The vessel owner or operator may 
file an administrative appeal under the administrative appeals 
procedures set out at 15 CFR part 906.
    The catcher vessel or tender vessel operator must make the NMFS-
approved VMP available upon request by NOAA Office of Law Enforcement 
(OLE), a NMFS-authorized officer, or other NMFS-authorized personnel 
(see this final rule Sec.  679.51(g)(4)(iv)).
    If NMFS determines that a catcher vessel or tender vessel failed to 
comply with its VMP, the catcher vessel or tender vessel's application 
for placement in the trawl EM category may not be approved the 
following year(s).

Catcher Vessel and Tender Vessel Owner and Operator Responsibilities

    Catcher vessel and tender vessel operators and owners in the trawl 
EM category must comply with all elements of the NMFS-approved VMP and 
maintain the EM system in working order, including ensuring the EM 
system is powered and functioning throughout the fishing trip, keeping 
cameras clean and unobstructed, and ensuring the system is not tampered 
with, consistent with this final rule at Sec.  679.51(g)(3). Catcher 
vessel and tender vessel owners and operators are also required to 
ensure that power is maintained to the EM system at all times when the 
vessel is under way or the engine is operating on trips monitored using 
EM. Catcher vessel operators are required to follow EM system 
procedures prior to deploying gear as specified in this final rule at 
Sec.  679.7(j)(1). Additionally, catcher vessel and tender vessel 
operators are required to ensure the EM system is fully functional 
prior to retrieving gear during the fishing trip or prior to receiving 
a delivery, consistent with this final rule at Sec.  679.51(g)(4)(iii).
    Before fishing gear is retrieved or an offload is received, as 
applicable, the catcher vessel and tender vessel operators need to 
verify that all components of the EM system are functioning. 
Instructions for completing this verification will be provided in the 
vessel's VMP consistent with this final rule at Sec.  679.51(g)(2)(vi).
    Catcher vessel and tender vessel operators will be required to 
follow landing notice procedures specified in the VMP, consistent with 
this final rule at Sec.  679.51(g)(3). The landing notice is 
transmitted by the catcher vessel or tender vessel to the intended 
shoreside processor or stationary floating processor, consistent with 
the timeline specified in the VMP prior to returning to port. After 
receiving the landing notice from the vessel, the processor will relay 
that information to shoreside observers.
    Catcher vessel and tender vessel operators are prohibited from 
tampering with the EM system and from harassing their EM service 
provider, EM reviewers, or any other monitoring personnel who may be 
working with vessel operators in this program. This final rule adds to 
existing EM prohibitions at Sec.  679.7(j) to ensure EM system 
functionality and the data from these systems are usable for fisheries 
management. Other operator responsibilities are identified in the VMP 
to meet data needs for EM monitoring.
    Catcher vessel and tender vessel operators must submit the EM data 
to the EM data review provider using a method specified in the NMFS-
approved VMP. Operators of vessels in the trawl EM category must submit 
EM data after a specified number of trips, consistent with the vessel's 
NMFS-approved VMP. The frequency of data submittal will be defined in 
the VMP and could change based on data needs identified by NMFS, 
consistent with this final rule at Sec.  679.51(g).

EM System Malfunctions

    The EM system must be fully operational as described in the VMP. 
The VMP will list EM system malfunctions considered contrary to the 
Observer Program's data collection objectives. The VMP will also 
describe the procedures to follow if malfunctions occur, including when 
to contact the EM service provider and OLE. This final rule at Sec.  
679.51(g)(4) describes the responsibilities of the catcher vessel and 
tender vessel operator in case of an EM system malfunction.

Improved Retention of Catch

    With trawl EM, catcher vessel operators retain all catch except 
when doing so would compromise the safety and stability of the vessel 
(see this final rule at Sec.  679.7(j)(2)).

[[Page 60800]]

    For all fishing trips, catcher vessels will be expected to avoid 
sorting and discarding catch to the greatest extent practicable. 
Unsorted catch must be delivered to a tender vessel, shoreside 
processor, or a stationary floating processor to ensure observers have 
access to all catch.

Removing Requirements for Regulatory Discards

    To promote retention of catch for catcher vessels in the trawl EM 
category, this final rule includes exceptions to regulations that 
otherwise require discarding catch at sea. Namely, under the final 
rule, catcher vessels in the trawl EM category will not be subject to 
the prohibition against exceeding Maximum Retainable Amounts (MRAs) in 
the BS, AI, and GOA; the prohibition against vessels having on board, 
at any particular time, 20 or more crabs of any species; and the 
pollock trip limit in the GOA.
    This final rule exempts vessels in the trawl EM category from the 
prohibition at Sec.  679.7(a)(16) pertaining to MRAs that limit 
retention of incidentally caught species so that total harvest can be 
managed up to, but not over, the Total Allowable Catch (TAC) by the end 
of the year. The MRA prohibition at Sec.  679.7(a)(16) requires at-sea 
discarding of fish above the MRA amount for each species. While the 
prohibition on exceeding the MRAs is removed for vessels participating 
in the trawl EM category, under this final rule, NMFS will continue to 
use MRA regulations at Sec.  679.20(e) to determine whether a vessel is 
``directed fishing,'' (see Sec.  679.2 for definition) for a particular 
species for various purposes (e.g., compliance with Sec.  679.22) and 
to gauge whether the vessel's behavior has changed, in conjunction with 
the Trawl EM Incentive Plan Agreement (TEM IPA) discussed below. If 
NMFS determines an IPA is not effective in preventing vessel behavior 
changes, NMFS may not allow a vessel to participate in the trawl EM 
category program in the following year(s).
    This final rule also adds an exception for vessels participating in 
the trawl EM category from the regulation at Sec.  679.7(a)(14) that 
prohibits vessels in the BSAI and GOA from having on board, at any 
particular time, 20 or more crabs of any species with a carapace width 
of more than 1.5 inches (38 millimeters) at the widest dimension. 
Rather than discarding such crab, the final rule requires catcher 
vessels to retain all crabs for enumeration by shoreside observers at 
the processor, as described below in the PSC Retention section of this 
preamble.
    Additionally, this final rule exempts vessels in the trawl EM 
category from the prohibitions at Sec.  679.7(b)(2) that limit catcher 
vessels' harvest of pollock in the GOA (commonly referred to as the 
pollock trip limit). Currently, catcher vessels are subject to a 
300,000 lb (136 mt) on-board retention limit on pollock, requiring 
vessels to discard at sea any pollock in excess of 300,000 lbs (136 
mt). The final rule will require catcher vessels in the trawl EM 
category to retain all such catch.

PSC Retention

    Under this final rule, catcher vessels fishing in the trawl EM 
category are required to retain all species categorized as PSC, 
including salmon and crab, so that they can be fully enumerated by 
shoreside observers at the shoreside processor or stationary floating 
processor as specified at Sec.  679.21(a)(2).

Trawl EM Incentive Plan Agreements (TEM IPA) for Partial Coverage 
Catcher Vessels

    To maintain the controls on the behavior of catcher vessels in the 
pollock fishery that the MRAs, crab retention limits, and the GOA 
pollock trip limits provide, this final rule includes provisions for a 
TEM IPA. An IPA is an industry-developed contractual arrangement that 
is approved by NMFS.
    Under this final rule, in order to be qualified to participate in 
the trawl EM category, catcher vessels in the partial coverage category 
will be required to become a party to a TEM IPA. Under this final rule 
at Sec.  679.57, TEM IPAs are structured to limit changes in vessel 
behavior as a result of this final rule.
    To ensure IPAs are effective, IPA parties will be required to 
demonstrate to the Council through annual reports that the IPA is 
accomplishing the Council's intent that each vessel in the trawl EM 
category limit changes in behavior. The representative of each approved 
TEM IPA will submit a written annual report to the Council, which will 
be available to the public. Additionally, NMFS inseason management 
staff will continue to track bycatch and pollock harvest by vessels in 
the trawl EM category and provide updates in the Annual Inseason Report 
to the Council. Upon receipt of the TEM IPA Annual Report and the NMFS 
Annual Inseason Report, the Council may re-evaluate the goals for the 
TEM IPA and make adjustments as necessary subject to NMFS' approval.
    NMFS will approve a TEM IPA if the IPA meets the criteria specified 
in this final rule at Sec.  679.57. Each year, NMFS will publish on the 
NMFS Alaska Region website the approved list of TEM IPAs and NMFS 
Approval Memorandums, the list of parties to each IPA, approved 
modifications to the TEM IPAs, and the list of catcher vessels that, on 
average, harvest bycatch in quantities that would exceed MRAs and catch 
more than 300,000 lbs (136 mt) of pollock per fishing trip in the GOA. 
For the sake of clarity, each TEM IPA will define how these averages 
will be calculated over the fishing year.

Logbooks

    Logbooks are necessary for trawl EM data flow, and the trawl EM 
category does not work without this component. Under this final rule, 
logbooks are required for all participants in the trawl EM category. 
Catcher vessels in the trawl EM category may use NMFS-approved paper or 
electronic logbooks and follow the logbook-related regulations at Sec.  
679.5(a).

CMCP

    Under this final rule, catcher vessels and tender vessels in the 
trawl EM category may only deliver fish to a shoreside processor or 
stationary floating processor that has a NMFS-approved CMCP. 
Furthermore, processors are prohibited from receiving deliveries from a 
catcher vessel or tender vessel in the trawl EM category without a 
NMFS-approved CMCP.
    This final rule modifies Sec.  679.28(g) to reorganize CMCP 
requirements to improve clarity and consistency and to add provisions 
necessary to facilitate observer data collection for deliveries from 
vessels in the trawl EM category.
    In the ADP, NMFS defines the criteria for determining the necessary 
number of observers at shoreside processors and stationary floating 
processors. The criteria for determining the necessary number of 
observers for a given processor may include tonnage processed, number 
of deliveries, or processing hours. These criteria apply to all 
processors receiving deliveries from vessels in the trawl EM category. 
The specific number of observers necessary to meet sampling objectives 
are listed in the CMCP, which NMFS may update throughout the year to 
ensure that the necessary number of observers are present, as 
processing effort may change seasonally.

Observer Providers

    Shoreside processors and stationary floating processors receiving 
deliveries from vessels in the full coverage trawl EM category procure 
observer services by arranging and paying for observer services 
directly from a permitted observer provider consistent with

[[Page 60801]]

existing regulations at Sec.  679.51(d). This final rule modifies 
regulations governing observer provider permitting and responsibilities 
at Sec.  679.52 to remove fax as an electronic communication method, 
update how often specific information must be submitted to NMFS (see 
Observer Program Fees section), and clarify the requirements for 
observer providers to monitor observer conduct and address observer 
misconduct.

Observer Program Fees

    NMFS is authorized under section 313 of the Magnuson-Stevens Act to 
require Observer Program participants in any North Pacific fishery to 
pay a fee for observer and EM monitoring provided the fee does not 
exceed 2 percent of the fishery's ex-vessel value.
    To pay for video review services for vessels in the full coverage 
trawl EM category, this final rule establishes a new full coverage EM 
review fee at Sec.  679.56. This new fee will be used by NMFS to pay 
for the costs of data review, storage, and transmission of EM data for 
vessels in the full coverage trawl EM category. The annual cost of EM 
review, data storage, and transmission will be divided among full 
coverage vessels in the trawl EM category. NMFS will use the pollock 
catch history (i.e., actual harvest amount) from the previous year to 
divide the cost equitably among full coverage participants in the trawl 
EM category for that year. NMFS will send invoices to vessel owners and 
payment will be required by May 31 each year. Failure to pay the full 
coverage trawl EM fee will prevent a catcher vessel or tender vessel 
from being selected for the trawl EM category in the following year as 
specified in this final rule at Sec.  679.51(g)(1)(4).
    Consistent with regulations at Sec.  679.55, NMFS uses funds from 
the existing observer fees to pay for EM hardware and review services 
for vessels in the partial coverage category. Catcher vessels and 
tender vessels in the partial coverage trawl EM category (vessels 
operating in the GOA and AI pollock fisheries) will continue to pay the 
existing observer fee as specified at Sec.  679.55. The partial 
coverage category is funded through a system of fees collected from 
fishery participants (vessels and processors) under authority of 
section 313 of the Magnuson-Stevens Act. NMFS uses partial coverage 
fees to procure shoreside observers, deploy and support EM equipment on 
selected vessels, and pay for EM video review and data storage.

Other Regulatory Changes

    In addition to the regulations necessary to implement the trawl EM 
category, NMFS revises the following regulations for clarity and 
efficiency:
     Remove the expired prohibition at Sec.  679.7(a)(17), 
specifying that neither catcher vessels nor catcher processors could 
act as a tender vessel until all groundfish or groundfish product was 
offloaded and that they could not harvest groundfish while operating as 
a tender vessel. That prohibition was added as part of an emergency 
rule (66 FR 7276, January 22, 2001), which expired on July 17, 2001. To 
date, the regulation has not been removed. This final rule removes the 
expired prohibition at Sec.  679.7(a)(17) to prevent confusion, 
especially as Sec.  679.7(a)(11) contains a similar prohibition.
     Regulations implementing EM for nontrawl vessels in the 
partial coverage category of the Observer Program are modified to 
remove the phrase ``EM selection pool'' and to add in its place 
``Nontrawl EM selection pool'' to clearly identify regulations 
applicable to the different EM categories. Multiple gear types, 
excluding trawl, participate in the nontrawl EM selection pool, while 
only trawl vessels are eligible for the trawl EM category.
     This final rule moves regulations specifying salmon 
sorting and handling practice from Sec.  679.21(f)(15)(ii)(C)(2) 
through (6) to Sec.  679.28(g)(9) and (10). This move is necessary to 
consolidate all CMCP-related regulations into a single location.
     Replace all instances of ``video data storage device'' 
with ``EM data'' in Sec.  679.51(f) to broaden the language to allow 
for future data formats.
     Remove fax numbers in Sec. Sec.  679.28(g) and 679.51(g) 
to match current practice that has abandoned fax usage.

Comments and Responses

    NMFS received 17 comment letters on the Notice of Availability and 
the proposed rule. At the public hearings and through the NOA and 
proposed rule comment periods, NMFS received comments from individuals, 
fishery observers, and pollock fishery participants including 
harvesters and processors. NMFS has summarized and responded to the 25 
unique comments below.

Indigenous Peoples

    Comment 1: Indigenous peoples and other affected parties should be 
involved in the development of future EM actions.
    Response: NMFS acknowledges the comment. This rule was developed 
through a public process at the Council (https://www.npfmc.org/). The 
Council held multiple meetings over several years to discuss stages of 
the EFP and this rule as it was developed. All meetings held by the 
Council are open to the public, announced on the Council's web page, 
and accept comments and testimony by the public. NMFS seeks to include 
diverse viewpoints on the development of future EM actions and will 
continue to improve outreach to notify and engage all interested 
parties, including Alaska Native Tribes, of actions under development.

Trawl EM Rule Process

    Comment 2: Collaborative efforts that are inclusive of agency, 
industry, scientific, and vendor personnel are essential for addressing 
the complex topic of implementing EM programs that meet management 
needs.
    Response: NMFS agrees that collaborative efforts were integral to 
the success of the EFP and development of this rule.

Annual Request

    Comment 3: The proposed rule does not allow vessels to return to 
observer coverage during a fishing year. Vessels should be provided 
this flexibility in the case of EM system issues and malfunctions that 
cannot be repaired in a timely manner.
    Response: The EM program is voluntary and vessels can opt-in on an 
annual basis. In order to maintain the sampling design outlined in the 
ADP, a catcher vessel must remain in the trawl EM category for all 
directed fishing for pollock with pelagic trawl gear for the entirety 
of the fishing year and would not be able to leave the trawl EM 
category during that fishing year. Based on the experience of 
participants in the EFP, EM systems are reliable and NMFS does not 
anticipate that malfunctions would limit a vessel's participation in a 
pollock fishery.
    Comment 4: The proposed rule states that NMFS retains the authority 
to deploy at-sea observers aboard vessels in the EM category, which 
could be seen as punitive.
    Response: NMFS envisions that at-sea observers will be deployed 
through the established ADP process, which includes a public process 
through the Council and its associated monitoring committees. The 
ability for NMFS to deploy at-sea observers for the purpose of 
collecting biological data necessary for the conservation and 
management of the fishery is necessary to allow the maximum number of 
EM vessels to participate in the program each year.

[[Page 60802]]

Without this flexibility, NMFS would need to reduce the number of 
vessels allowed to participate in the trawl EM category and require 
some vessels to carry observers every year, rather than deploying 
observers on vessels only as needed to target specific data needs.
    Comment 5: The proposed rule at Sec.  679.51(g)(1)(iv) does not 
specify a date when vessels will receive notification of approval for 
the trawl EM category. This timeframe is critical to both vessels and 
EM service providers for planning EM system installations, upgrades, or 
repairs that must occur prior to the season start.
    Response: NMFS agrees that vessels need to be notified in a timely 
manner. Generally, vessels can expect to receive notification of 
approval within a month of the November 1 deadline to request to join 
the trawl EM category.

Catcher Vessels

    Comment 6: Please clarify what happens if a vessel indicates that 
they intend to deploy nonpelagic gear, which puts them into the 
observer coverage pool, but ultimately only deploys pelagic trawl gear.
    Response: A vessel in the trawl EM category that indicates they 
intend to deploy nonpelagic trawl gear on a trip, but instead deploys 
only pelagic gear during the trip, would be in violation of the 
requirement to use EM on all pelagic trawl trips, as specified in the 
definition of ``Trawl EM category'' at Sec.  679.2. NMFS would view 
this behavior as a vessel not providing accurate data and therefore not 
complying with the trawl EM regulations.
    Comment 7: Can video data be used to identify vessel personnel for 
non-fisheries related enforcement action?
    Response: No. The video recorded by the vessel EM system is covered 
by the Magnuson-Stevens Act's confidentiality provisions. NMFS is not 
authorized to release EM footage unless an exception set forth in 
section 402(b) of the Magnuson-Stevens Act applies.
    Comment 8: Vessels participating in the trawl EM category should be 
allowed to carry nonpelagic trawl gear while fishing in Type I and II 
crab closure areas for both trawl EM category and non-trawl EM category 
trips, where they are currently prohibited to do so. During the EFP, 
vessels in the trawl EM category were allowed to carry nonpelagic gear 
when trawling in these areas on trawl EM category trips to test the 
capabilities of EM for monitoring whether nonpelagic gear was deployed, 
and no issues were encountered.
    Response: NMFS agrees that, on trawl EM category fishing trips, EM 
will monitor whether a nonpelagic trawl is deployed in a Type I or II 
crab closure area. NMFS detected no issues during the EFP with 
participating vessels deploying nonpelagic trawls. Based on this 
comment, NMFS revised regulations at Sec.  679.22(b)(1)(i) and (ii) to 
allow vessels in the trawl EM category during trawl EM category fishing 
trips to carry, but not deploy, nonpelagic trawl gear in these areas. 
Under this final rule, all EM footage captured by catcher vessels in 
the EM category will be reviewed. Vessels will be required to indicate 
in their VMP which of its net reels contain nonpelagic trawl gear, as 
they did during the EFP. Revising regulations to allow nonpelagic trawl 
gear to be on board vessels during fishing trips that fall outside of 
the trawl EM category is beyond the scope of this action.

Tender Vessels

    Comment 9: Catcher vessels are required to indicate whether they 
would like to participate in the trawl EM category by November 1 of 
each year. This requirement creates difficulties for tender vessels as 
the associated shoreside processor likely will not know which vessels 
will be available to participate in the trawl EM category until 
February of the upcoming fishing year.
    Response: The November 1 deadline does not extend to tender 
vessels. NMFS will specify the anticipated number of tender vessels 
each year in the ADP based on available funds in the partial coverage 
category. While the November 1 deadline does not apply, tender vessels 
must have a NMFS-approved VMP in place prior to receiving catch from 
trawl EM category catcher vessels.

Shoreside Processors

    Comment 10: Under the proposed rule at Sec.  679.7(j)(2)(ii), 
shoreside processors are prohibited from (1) beginning to sort a trawl 
EM category offload before an observer has completed biological 
sampling of all salmon and (2) continuing to sort trawl EM category 
catch if the salmon storage container is full. These requirements 
impact current fishery operations associated with open access 
fisheries, where there is a race to fish. These open access offloads 
are currently sampled at a 33 percent rate under the EFP, and, as such, 
the regulations should not prevent further offloading of catch. In the 
rare instance of conflicting sampling of offloads, the subsequent 
offload could be selected by the observers.
    Response: Based on this comment, NMFS revised this final rule at 
Sec. Sec.  679.7(j)(2)(ii)(D), 679.7(j)(2)(ii)(E), and 
679.28(g)(9)(ii)(D) to specify these regulations are applicable only to 
offloads of catch from the BS or CDQ pollock fisheries. This will not 
change salmon accounting in the partial coverage pollock fisheries in 
the GOA and AI.
    Additionally, for the GOA and AI open access pollock fisheries, 
NMFS added Sec.  679.28(g)(9)(ii)(E) to this final rule to state: 
``Regarding deliveries of pollock from the Gulf of Alaska or Aleutian 
Islands, observer(s) must be given the opportunity to complete the 
count of salmon and the collection of scientific data or biological 
samples from all offloads selected for monitoring. When the observer(s) 
has completed all counting and sampling duties for the offload, plant 
personnel must remove the salmon in the presence of the observer(s) 
from the salmon storage container and location where salmon are counted 
and biological samples or scientific data are collected.'' This 
additional requirement does not prevent processors from sorting the 
next GOA or AI offload if the observer(s) are sampling the previous 
offload.
    Comment 11: Processors providing hardware to support Observer 
Program software is inefficient as it often requires technology support 
skills that are outside the scope of a processor's abilities. These 
required communications could be more efficient if the Observer Program 
provided the required hardware with the desired technical 
specifications to processors.
    Response: Shoreside processors and stationary floating processors 
will remain subject to existing regulations requiring them to provide 
hardware for observers. Any changes to these regulations are outside 
the scope of this action. Shoreside processors and stationary floating 
processors receiving pollock from vessels in the trawl EM category fall 
into either the full or partial coverage categories for observer 
coverage. Depending on the coverage category of the processor, the 
observer provider or the processor may be required to supply observers 
with communication devices. Under the full coverage category, the 
shoreside processor or stationary floating processor is required to 
supply communication devices (i.e., phones, computers, etc.). Under the 
partial coverage category, the observer provider will be required to 
supply communication devices as outlined in its contract with NMFS.
    Comment 12: The workload at shoreside processors will change 
drastically under the trawl EM category. With the increases to daily 
workload, there will be an increased chance for observers to experience 
illness and

[[Page 60803]]

physical injuries while working 12 hours a day for the duration of a 90 
day contract. Previously, observers with minor injuries were able to be 
placed at a shoreside processor due to the light amount of physical 
work.
    Response: Observer safety is the top priority of this final rule. 
The trawl EM category shifts observer sampling duties from at-sea 
catcher vessels to shoreside processors and stationary floating 
processors, thereby reducing risks to observers associated with working 
on commercial fishing vessel decks, where they are exposed to many of 
the same hazards as commercial harvesters. NMFS encourages observers to 
work directly with their employer on full coverage deployment 
assignments to best match their physical, mental, and professional 
needs. For example, an extended deployment to an AFA shoreside 
processor or stationary floating processor may not suit all observers 
at all times.
    NMFS encourages observers to report injuries and illnesses that may 
impact their ability to carry out their sampling duties, including the 
need to take time off for health reasons. Such incidents are not 
uncommon given that observing is often mentally and physically 
challenging. In the event that an observer is unable to work, NMFS 
staff will communicate with observers through inseason advisors and 
field office staff to reassess and, if necessary, alter or reduce 
sampling requirements for the processor at issue. The expectation is 
not to increase the workload of other observers at that processor, but 
rather to guide the remaining observers to assess the workload and 
determine which sampling priorities can be completed in the absence of 
an injured or ill observer. Completing the full suite of sampling 
duties may not be possible. The health and wellbeing of observers takes 
precedence over sampling duties at all times. This action does not 
alter the ability for observer provider companies to re-assign 
observers to accommodate health conditions.

EM Service Providers

    Comment 13: There needs to be oversight for when EM hardware 
service providers introduce new hardware and technology for monitoring 
to ensure that the dependability and monitoring needs of this program 
are met.
    Response: NMFS agrees that substantive changes to approved EM 
hardware or software would necessitate approval by NMFS. Based on this 
comment, NMFS revised this final rule at Sec.  679.52(d)(3)(ii) to 
include the following: ``At any time after initial approval of the EM 
hardware service provider permit, this testing requirement must be 
applied to and met by any EM system requiring new, or significantly 
updated, hardware or software installed onboard the vessel.''

EM Equipment and VMPs

    Comment 14: The proposed rule states that a vessel operator must 
verify all cameras are recording and that all sensors and other EM 
system components are functional prior to hauling back. Clarify the 
extent to which a vessel should troubleshoot the EM system in 
situations that may necessitate immediate haulback.
    Response: Vessel owners and operators are required to ensure their 
EM systems are fully functional, regardless of fishing activities, as 
specified in this final rule at Sec.  679.51(g)(3). The VMP indicates 
the actions a vessel must take if a malfunction occurs.
    Comment 15: A vessel operator may not be aware of some EM system 
malfunctions that occur and should not be responsible or subject to 
enforcement action in the event of a malfunction. The EM hardware 
service provider may be aware of issues that the vessel is unaware of. 
Please clarify how this information will be communicated to vessels, 
service providers, and OLE when feedback from the EM review provider 
occurs.
    Response: Vessels are obligated to actively monitor their EM 
systems as specified in this final rule at Sec.  679.51(g)(3). If an 
issue is discovered during the EM review process, OLE will assess, 
among other things, whether the vessel had the ability to address it by 
following their VMP.
    Vessels should work with their EM hardware service provider to 
ensure that they have all the information necessary to meet regulatory 
requirements. EM hardware service providers and vessels will receive EM 
review feedback as review is completed throughout a fishing year by 
NMFS's chosen EM review service provider. In any case, ultimately, it 
is the responsibility of the vessel owner and vessel operator to 
understand and comply with the regulations governing their 
participation in the trawl EM program.

Improved Retention

    Comment 16: The proposed rule at Sec.  679.7(j)(2)(i)(B) states 
that there is a prohibition on ``codend dumping'' and ``codend 
bleeding.'' Under the EFP, vessels were allowed to ``bleed'' their 
codends if necessary to maintain the safety and stability of the 
vessel. This prohibition will compromise a vessel's ability to use 
salmon excluders and methods to control catch for vessel safety.
    Response: The intent of Sec.  679.7(j)(2)(i)(B) is to not allow 
discards except for those necessary to maintain the safety and 
stability of the vessel. Codend dumping or bleeding are commonly used 
to maintain vessel safety and stability. Based on this comment, NMFS 
removed the phrase ``This includes `codend dumping' or `codend 
bleeding' '' from this final rule at Sec.  679.7(j)(2)(i)(B) for 
clarity.

Removing Requirements for Discards

    Comment 17: Remove any reference to ``directed fishing'' as a 
metric to evaluate and penalize a vessel for its fishing behavior and 
instead require the IPAs to monitor this.
    Response: NMFS disagrees and is choosing to retain the references 
to ``directed fishing.'' Directed fishing is defined in Sec.  679.2 to 
mean ``unless indicated otherwise, any fishing activity that results in 
the retention of an amount of a species or species group on board a 
vessel that is greater than the maximum retainable amount for that 
species or species group as calculated under Sec.  679.20.'' The term 
directed fishing is used in various NMFS Alaska regulations that are 
not affected by this final rule (e.g., closure areas under Sec.  
679.22).
    Furthermore, under this final rule, whether a trawl EM category 
vessel is directed fishing for a species other than pollock--that is, 
whether a vessel conducts fishing activity that exceeds the MRA for a 
non-pollock species--will be used to gauge whether, alongside the TEM 
IPA, there have been changes in vessel behavior, even though the vessel 
is exempt from the MRA prohibition at Sec.  679.7(a)(16). And, for 
clarity, exceeding an MRA does not necessarily indicate a change in 
behavior for purposes of the TEM IPA. For example, if all vessels 
directed fishing for pollock in a given area exceed the MRA for Pacific 
ocean perch, that would not necessarily be seen as a change in 
behavior. If potential changes of behavior, such as directed fishing 
for non-pollock species, are indicated by MRA calculations, NMFS will 
contact the TEM IPA representative. This is a collaborative process 
that seeks to identify the cause of concern and effect changes to 
fishing behavior to address the concern. If NMFS determines that an IPA 
is not effective in preventing vessel behavior changes, NMFS may elect 
not to allow a vessel to participate in the trawl EM category in the 
following year(s).

[[Page 60804]]

    Comment 18: Exemptions from the prohibitions regarding exceeding 
MRAs at Sec.  679.7(a)(16), the GOA catcher vessel harvest limit for 
pollock at Sec.  679.7(b)(2), and the trawl gear performance standard 
at Sec.  679.7(a)(14) enable participating vessels to exceed 
established limits without consequences and incentivize fishing for 
species that are closed to pelagic trawl gear. Catch that exceeds MRAs 
should be prohibited from entering commerce, as industry-managed IPAs 
are not effective at protecting closed stocks. Catch that exceeds MRAs 
will impact the closure of seasons and areas for the protection of 
endangered Steller sea lions.
    Response: Improved retention of catch is necessary to provide 
observers stationed at shoreside processors with unsorted catch for 
collection of biological samples and to minimize potential biases in 
data collection. Improved retention greatly reduces at-sea discards and 
improves catch accounting, resulting in improved estimates of catch and 
bycatch in the pollock fisheries.
    It is necessary to remove prohibitions regarding discards, such as 
MRAs, GOA pollock trip limit, and the crab standard, in order to 
improve retention. Vessels in the trawl EM category will deliver catch 
to processors that would otherwise be discarded at sea, thereby 
reducing the overall waste in the fishery while improving catch 
accounting of PSC due to sampling at shoreside processors and 
stationary floating processors. As discussed above, NMFS will still 
calculate MRAs to determine whether a vessel is directed fishing for 
non-pollock species and whether their behavior has changed under this 
final rule.
    The TEM IPA was modeled on the current salmon bycatch IPAs (Sec.  
679.21(f)(12)), which have proven to be a successful method for the BS 
pollock fleet to modify its behavior to meet NMFS management goals. In 
addition, the TEM IPAs were implemented as part of the EFP process and 
proved effective at controlling changes in vessel behavior. If NMFS or 
the Council determines that an IPA is not effective in preventing 
vessel behavior changes, NMFS may not allow a vessel to participate in 
the trawl EM category in the following year(s).
    This final rule does not affect the harvest limits, season dates, 
areas fished, or fishing gear requirements that trawl EM vessels must 
comply with. Therefore, this action is not expected to change fishery 
activities in a way that would negatively affect any Endangered Species 
Act-listed species through increased potential for competition for 
prey, disturbance, or incidental takes.
    Nevertheless, in response to this comment, NMFS added two new 
regulations for greater clarity. First, in this final rule at Sec.  
679.7(j)(2)(i)(F), NMFS added the following prohibition to make clear 
that it is unlawful for any person to ``Use a catcher vessel in the 
trawl EM category to deploy trawl gear in an area that is closed, for 
any reason, to directed fishing for pollock.'' This additional 
provision will ensure that vessels in the trawl EM category will remain 
prohibited from fishing in closure areas they otherwise would not be 
eligible to fish in if they were not participating in the trawl EM 
category. Second, at Sec.  679.57(f)(2)(iii)(E), this final rule adds 
the following to the list of information the TEM IPA Annual Report must 
contain: ``Identification of and the TEM IPA's response to vessels 
directed fishing in conflict with harvest specifications or directed 
fishing for Steller Sea Lion forage species within closed Steller Sea 
Lion protection areas.''

TEM IPAs

    Comment 19: The IPA representative for the GOA will need the 
aggregated non-confidential data to perform the analysis for the annual 
IPA report.
    Response: NMFS is committed to working with the TEM IPA 
representatives in the formation of the TEM IPA Annual Reports.

PSC Retention

    Comment 20: Accounting for PSC both at-sea and shoreside is 
important. Cameras aboard the vessel may not be able to identify the 
species of crab aboard a vessel in the event of an at-sea discard.
    Response: NMFS agrees that accounting for catch of all species, 
including crab, is important. While the EM system aboard these vessels 
is not able to identify crab to a species level, since all crab will be 
retained, any crab catch will be accounted for at the shoreside 
processor. Participation in the trawl EM category requires vessels to 
minimize discards to the greatest extent practicable, including PSC, 
except where doing so would compromise the safety and stability of the 
vessel. This requirement will ensure that all catch, with the exception 
of jellyfish and large organisms (e.g., sharks and marine mammals), 
will be delivered to the shoreside processor where they will be subject 
to shoreside observer sampling. At-sea discards of species that may be 
PSC will be reported during the EM review process and through shoreside 
processor landing reports.

CMCP

    Comment 21: Sample station requirements at shoreside processors 
should be clearly defined to ensure the observer's safety and ability 
to collect samples. Details of the sample station requirements should 
be specifically listed and easily comparable to other sample station 
requirements. Communication expectations of shoreside processors should 
be clearly outlined and should utilize current technology to ensure the 
observer receives all necessary information.
    Response: The CMCP is a flexible tool that can be adjusted 
throughout the year through an amendment process. This mechanism allows 
NMFS to work with the shoreside processor to alter sampling stations to 
meet observer sampling needs. Additionally, NMFS will review CMCPs on 
an annual basis and amend them as necessary. Each shoreside processor 
is unique, requiring a flexible tool to address each situation. This 
action includes requirements for the location of the observer sampling 
station, platform scale, minimum workspace, table size, and diverter 
board. The CMCP will clearly outline PSC handling requirements, 
specifically for salmon and halibut.
    The CMCP will also facilitate communication between the vessels, 
shoreside processors, and the observers by requiring that all necessary 
information be supplied to the observers.

Observer Program Fees

    Comment 22: Full coverage vessels will be responsible for paying 
costs associated with EM video review. Therefore, they should be able 
to choose between EM review service providers similar to how EM 
hardware service providers are selected. This would require NMFS to 
contract with more than one EM review service provider.
    Response: NMFS has not received any new resources to establish EM 
programs and does not have the additional staff capacity to administer 
multiple EM review service provider contracts. The trawl EM program is 
voluntary; there is no requirement for a vessel to participate in the 
program if they prefer a different EM review provider.
    Comment 23: The Council deliberations during the development of 
this program made clear that observer fees should cover the GOA 
processors' observer costs. Please clarify that the partial coverage 
fee will cover these additional costs.
    Response: The partial coverage fee will be used to pay for 
observers stationed at non-AFA shoreside

[[Page 60805]]

processors and stationary floating processors.
    Comment 24: Please define how trawl EM category costs would be 
covered for vessels participating in both the full and partial coverage 
pollock fisheries.
    Response: Vessels participating in the AFA pollock fishery, for any 
number of trips, are considered to be full coverage vessels and are 
subject to the EM service requirements for full coverage vessels as 
specified in this final rule at Sec.  679.51(g)(1)(ix)(B). Full 
coverage catcher vessels and tender vessels will procure their EM 
hardware service provider and pay the EM review fee.
    Vessels participating only in the partial coverage pollock fishery 
are considered to be partial coverage vessels and are subject to the EM 
service requirements for partial coverage vessels as specified at Sec.  
679.51(g)(1)(ix)(A). Partial coverage catcher vessels and tender 
vessels will be covered by the existing observer fee.

Unrelated to This Rule

    Comment 25: Close salmon fisheries to protect Southern Resident 
killer whales.
    Response: This rule pertains to the BS, AI, GOA, and CDQ pollock 
fisheries, which do not overlap with any salmon fishery. In any event, 
this action improves salmon bycatch accounting in the pollock 
fisheries.

Changes From Proposed to Final Rule

    This final rule includes the following substantive changes from the 
proposed rule to address public comments and clarify regulatory 
language. Throughout the regulatory text, NMFS also made technical and 
grammar edits to correct regulatory cross references, use consistent 
terms, remove redundancy, and promote clarity.
    At Sec.  679.2 NMFS revised the definition for ``Trawl EM 
category'' by removing the phrase ``the defined group of'' and adding 
the phrase ``when those vessels are directed fishing for, or receiving 
deliveries of, pollock.'' This revision was necessary to ensure that 
catcher vessels in the trawl EM category are only subject to the trawl 
EM category regulations when they are directed fishing for pollock with 
pelagic trawl gear.
    At Sec.  679.7(j)(2)(i)(B), and as explained in more detail in 
response to comment 16, NMFS removed the phrase ``This includes `codend 
dumping' or `codend bleeding' '' to clarify that bled codends are not 
prohibited if necessary to maintain the safety and stability of the 
vessel.
    As explained in more detail in response to comment 18, NMFS added 
Sec.  679.7(j)(2)(i)(F) to make it unlawful for any person to ``Use a 
catcher vessel in the trawl EM category to deploy trawl gear in an area 
that is closed, for any reason, to directed fishing for pollock.''
    At Sec.  679.7(j)(2)(iii)(B), NMFS moved the words ``without an 
approved VMP'' within the sentence for clarity.
    At Sec.  679.7(j)(2)(ii)(D) and (E), and as explained in more 
detail in response to comment 10, NMFS added language to clarify that 
the prohibitions on stopping or delaying offloads due to observer 
salmon sampling duties would not apply to the GOA or AI pollock 
fisheries. The GOA and AI pollock fisheries are open access and 
delaying offloads may cause economic inefficiencies. Instead, Sec.  
679.7(j)(2)(ii)(D) and (E) apply to the BS and CDQ full coverage 
pollock fisheries where all offloads are sampled.
    At Sec.  679.22(b)(1)(i) and (ii), and as explained in more detail 
in response to comment 8, NMFS added language that allows vessels in 
the trawl EM category to have nonpelagic trawl gear aboard the vessel 
on trawl EM category fishing trips while fishing in Type I and Type II 
areas in Figure 5 to part 679. The EM system aboard the vessel allows 
the EM review service provider to monitor whether nonpelagic gear is 
deployed in these areas. Vessels will indicate in their VMP which net 
reel contains the nonpelagic trawl gear. NMFS used this approach during 
the EFP, during which vessels were allowed to fish in these areas with 
a nonpelagic trawl aboard the vessel, and detected no issues. This 
clarification is consistent with the Analysis and fishery operations 
under the EFP.
    NMFS revised Sec.  679.28(g)(5) added the words ``up to'' to state 
that the CMCP may be approved for up to 1 year. This change was made to 
reflect the current state of CMCPs, which may be temporarily approved 
for less than one year while required changes are being made.
    NMFS revised Sec.  679.28(g)(7)(ix)(C) to include the phrase ``The 
workspace must include flooring that prevents slipping and drains well, 
adequate lighting, and a hose that supplies fresh or sea water to the 
observer.'' This phrase was previously required under Sec.  
679.28(d)(6) and was inadvertently removed in the proposed rule.
    NMFS revised Sec.  679.28(g)(7)(x)(G) to read, ``Estimated start 
time of each vessel offload;'' to clarify intent. This regulation is 
intended to provide observers with the anticipated start time for each 
trawl EM category offload.
    At Sec.  679.28(g)(9)(ii)(D), NMFS revised wording for consistency 
with the changes at Sec.  679.7(j)(2)(ii)(D) and (E).
    As explained in more detail in response to comment 10, NMFS added 
Sec.  679.28(g)(9)(ii)(E), which states ``Regarding the deliveries of 
pollock from the Gulf of Alaska or Aleutian Islands, the observer(s) 
must be given the opportunity to complete the count of salmon and the 
collection of scientific data or biological samples from all offloads 
selected for monitoring. When the observer(s) has or have completed all 
counting and sampling duties for the offload, plant personnel must 
remove the salmon in the presence of the observer(s) from the salmon 
storage container and location where salmon are counted and biological 
samples or scientific data are collected.'' This revision will not 
affect salmon accounting in the GOA and AI pollock fisheries and is 
consistent with the Analysis and fishery operations under the EFP.
    At Sec.  679.51(g)(1)(i)(A)(1) and (2), NMFS removed the word 
``targeting'' and added in its place the phrase ``directed fishing 
for'' to clarify that vessels must be ``directed fishing,'' as defined 
at Sec.  679.2, for pollock to operate in the trawl EM category.
    At Sec.  679.51(g)(1)(v)(B), NMFS added wording to clarify that 
vessels that are not operating in the trawl EM category on a particular 
fishing trip will remain subject to observer coverage as specified at 
Sec.  679.51(a)(1)(i) and (a)(2)(i).
    At Sec.  679.51(g)(3)(iv), NMFS removed the phrase ``conducted 
under paragraph (g)(5) of this section'' and added the phrase ``trawl 
EM category'' to clarify that all vessels must comply with their VMP 
regardless of their coverage category.
    At Sec.  679.52(d)(3)(ii), and as explained in more detail in 
response to comment 13, NMFS added the phrase ``At any time after 
initial approval of the EM hardware service provider permit, this 
testing requirement must be applied to and met by any EM system 
requiring new, or significantly updated, hardware or software is 
installed onboard a vessel.'' to clarify that approval of one system 
does not transfer to significant variations of that system or to a new 
EM system.
    At Sec.  679.52(d)(3)(iv), NMFS added the phrase ``if a 
corporation'' to be consistent with (d)(3)(v).
    At Sec.  679.52(d)(3)(vii), NMFS added the phrase ``to do so'' for 
additional clarity.
    At Sec.  679.56(a)(4)(ii), NMFS removed the phrase ``make 
electronic payment to NMFS'', leaving the words ``submit payment.'' 
This is to clarify that the method of payment may change as technology 
advances.

[[Page 60806]]

    NMFS revised wording at Sec.  679.57(b)(4)(ii), (f)(2)(iii)(A), and 
(e)(3)(i) for consistency replacing the words ``retain'' and ``land'' 
with ``harvesting.'' At Sec.  679.57(b)(4)(ii) and (f)(2)(iii)(A), NMFS 
also replaced the word ``ensure'' with ``discourage'' to better clarify 
the intent of incentive measures.
    As explained in more detail in response to comment 18, NMFS added 
Sec.  679.57(f)(2)(iii)(E), which states ``Identification of, and the 
TEM IPA's response to, vessels directed fishing in conflict with 
harvest specifications or directed fishing for Steller Sea Lion forage 
species within closed Steller Sea Lion protection areas.''

Classification

    NMFS is issuing this rule pursuant to sections 304(b) and 305(d) of 
the Magnuson-Stevens Act, which provides the specific authority for 
implementing this action. Pursuant to Magnuson-Stevens Act section 
305(d), this action is necessary to carry out amendment 126 to the BSAI 
FMP, amendment 114 to the GOA FMP, other provisions of the Magnuson-
Stevens Act, and other applicable law and to revise regulations 
associated with the Observer Program for clarity and technical 
consistency. The NMFS Assistant Administrator has determined that this 
final rule is consistent with the FMPs, 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.

Regulatory Impact Review

    A Regulatory Impact Review was prepared to assess the costs and 
benefits of available regulatory alternatives. A copy of this analysis 
is available from NMFS (see ADDRESSES). The Council recommended and 
NMFS approved these regulations based on those measures that maximize 
net benefits to the Nation.

Certification Under the Regulatory Flexibility Act

    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.

Paperwork Reduction Act

    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 Numbers 
0648-0213 (Alaska Region Logbook and Activity Family of Forms); 0648-
0330 (NMFS Alaska Region Scale and Catch Weighing Requirements); 0648-
0515 (Alaska Interagency Electronic Reporting System); and 0648-0711 
(Alaska Cost Recovery and Fee Programs) and revises and extends 0648-
0318 (North Pacific Observer Program). Because of a concurrent action 
for 0648-0213, the revision to that collection of information for this 
final rule has been assigned a temporary control number, OMB Control 
Number 0648-0819, that will later be merged into 0648-0213. OMB Control 
Numbers 0648-0812 (Electronic Logbook: Pacific Cod Trawl Cooperative 
Program Catcher Vessels Less Than 60 Ft. LOA) and 0648-0815 (Bering 
Sea/Aleutian Islands Pot Gear Catcher/Processor Monitoring) are being 
merged into 0648-0515 and 0648-0318, respectively, and 0648-0812 and 
0648-0815 will be discontinued upon issuance of this final rule. The 
public reporting burden estimates provided below for the collections of 
information 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 0648-0819
    This final rule revises the collection of information under OMB 
Control Number 0648-0213, associated with paper logbooks. Due to a 
concurrent action for that collection, the collection-of-information 
requirements have been assigned a temporary control number, OMB Control 
Number 0648-0819, that will later be merged into OMB Control Number 
0648-0213. This final rule requires logbooks to be submitted by all 
catcher vessels in the trawl EM category. Catcher vessels in the trawl 
EM category may use either NMFS-approved paper logbooks (OMB Control 
Number 0648-0213) or electronic logbooks (OMB Control Number 0648-
0515). Catcher vessels greater than 60 feet (18.3 meters) LOA already 
are required to maintain logbooks. Some catcher vessels less than 60 
feet (18.3 meters) LOA that are not currently required to submit a 
logbook will need to begin doing so to participate in the trawl EM 
category; therefore, this final rule will increase the number of 
vessels required to submit a logbook. The temporary control number 
covers the revisions necessary to 0648-0213 for the catcher vessels 
that choose to submit paper logbooks. The public reporting burden per 
response is estimated to average 18 minutes for the Catcher Vessel 
Trawl Daily Fishing Logbook.
OMB Control Number 0648-0318
NMFS revises and extends for three years the existing requirements for 
OMB Control Number 0648-0318, which is associated with the North 
Pacific Observer Program. Additionally, OMB Control Number 0648-0815 is 
being merged into 0648-0318 and will be discontinued upon issuance of 
this final rule. OMB Control Number 0648-0815 was established as a 
temporary collection (88 FR 77228, November 9, 2023) because 0648-0318 
was being revised by a concurrent action and was intended to be merged 
into 0648-0318 following the completion of that action. OMB Control 
Number 0648-0318 will be revised to include the following due to this 
final rule.
    The owner or operator of a catcher vessel or tender vessel is 
required to use ODDS to request placement in the trawl EM category. 
Catcher vessels in the trawl EM category are required to log all 
fishing trips in ODDS. The public reporting burden per response is 
estimated to average 5 minutes to submit the request through ODDS and 
15 minutes to log a fishing trip in ODDS.
    The vessel owner or operator of a catcher vessel or tender vessel 
in the trawl EM category is required to submit a VMP to NMFS. The 
public reporting burden per response for the VMP is estimated to 
average 48 hours.
    Vessel operators in the trawl EM category are required to submit EM 
data and associated documentation identified in their vessel's VMP to 
NMFS. The public reporting burden per response is estimated to average 
1 hour.
    Vessels in the trawl EM category are required to communicate catch 
information to the shoreside processor or stationary floating processor 
that would be receiving the catch. The public reporting burden per 
response is estimated to average 5 minutes for the landing notice for 
EM pollock trawl offloads.
    A catcher vessel owner or operator is required to be a party of a 
TEM IPA to be approved for the trawl EM partial coverage category. The 
TEM IPA representative submits the final TEM IPA to NMFS. The 
representative of

[[Page 60807]]

each approved TEM IPA is required to submit a written annual report to 
the Council. The public reporting burden per response is estimated to 
average 40 hours for the TEM IPA and 40 hours for the TEM IPA annual 
report.
    Prospective EM hardware service providers need to apply, and be 
approved, for an EM hardware service provider permit. The public 
reporting burden to obtain this permit is estimated to average 8 hours.
    An administrative appeal may be submitted if NMFS issues an IAD to 
deny a request to place a vessel in the trawl EM category, an IAD to 
disapprove a final TEM IPA, or an IAD for expiration of an EM hardware 
services provider permit. The public reporting burden per response for 
an administrative appeal is estimated to average 4 hours.
    The submission time of the observer deployment/logistics report is 
changed to within 24 hours of the observer assignment or daily by 4:30 
p.m., Pacific Time, each business day with regard to each observer. Fax 
is removed as a submission method for this report, and this final rule 
will continue to allow submission by email or any other methods 
specified by NMFS. This report is no longer required to include the 
location of any observer employed by the observer provider who is not 
assigned to a vessel, shoreside processor, or stationary floating 
processor. These changes are not expected to change the average 
response time for this report. The public reporting burden per response 
is estimated to average 7 minutes.
    This final rule allows for electronic submission of the reports 
that are submitted by an observer provider and used by NMFS to monitor 
and enforce standards of observer conduct and identify problems on 
deployments that may compromise the observer's health or well-being. 
This final rule also requires the provider's responses to the violation 
in the report. These changes are not expected to change the average 
response time for these reports. The public reporting burden per 
response is estimated to average 2 hours.
    This final rule removes fax as an electronic communication method 
and continues to allow submission by email or other methods specified 
by NMFS for other observer provider responsibilities. The public 
reporting burden per response to these requirements is estimated to 
average 60 hours for the observer provider permit application; 8 hours 
for college transcripts; 1 hour for observer training registration; 7 
minutes each for observer briefing registration and projected observer 
assignments; 5 minutes each for physical examination verification and 
updates to observer provider information; 12 minutes for certificates 
of insurance; and 30 minutes each for observer debriefing registration, 
observer provider contracts, and observer provider invoices.
OMB Control Number 0648-0330
    The information collection for 0648-0330 is revised because this 
final rule requires all shoreside processors and stationary floating 
processors receiving pollock from vessels in the trawl EM category to 
have NMFS-approved CMCPs in place before receiving deliveries from 
catcher vessels or tender vessels in the trawl EM category. Some 
processors that do not currently submit a CMCP will need to begin doing 
so; therefore, this requirement will increase the number of respondents 
that submit a CMCP. The public reporting burden per response is 
estimated to average 40 hours for the new participants required to 
submit a CMCP and initially in the first 2 years after implementation 
for existing CMCPs, but in the following years the burden will be 
reduced.
OMB Control Number 0648-0515
    The information collection for 0648-0515 is revised due to this 
final rule. Additionally, OMB Control Number 0648-0812 is being merged 
into 0648-0515 and will be discontinued upon issuance of this final 
rule. OMB Control Number 0648-0812 was established as a temporary 
collection (88 FR 53704, August 8, 2023) because 0648-0515 was being 
revised by concurrent actions and was intended to be merged into 0648-
0515 following the completion of those actions. This final rule 
requires logbooks to be submitted by all catcher vessels in the trawl 
EM category. Catcher vessels in the trawl EM category may use either 
NMFS-approved electronic logbooks (OMB Control Number 0648-0515) or 
paper logbooks (OMB Control Number 0648-0213). Catcher vessels greater 
than 60 feet (18.3 meters) LOA already are required to maintain 
logbooks. Some catcher vessels less than 60 feet (18.3 meters) LOA that 
are not currently required to submit a logbook will need to begin doing 
so to participate in the trawl EM category; therefore, this final rule 
will increase the number of vessels required to submit a logbook. The 
revision to this collection of information due to the rule adds the 
catcher vessels less than 60 feet (18.3 meters) LOA that choose to 
submit electronic logbooks. The public reporting burden per response is 
estimated to average 15 minutes per day into the Catcher Vessel 
Electronic Logbook.
OMB Control Number 0648-0711
    The information collection for 0648-0711 is revised because this 
final rule requires the owner of a catcher vessel in the full coverage 
trawl EM category to submit the new full coverage trawl EM fee. The 
public reporting burden per response is estimated to average 1 minute 
for the fee payment.

Public Comment

    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 are 
recommendations for this information collection should be submitted at 
the following website www.reginfo.gov/public/do/PRAMain. Find these 
particular information collections by using the search function and 
entering either the title of the collection or the OMB Control Number.
    Notwithstanding any other provisions of the law, no person is 
required to respond or, nor shall any person by subject to a 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

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: July 15, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 15 CFR part 
902 and 50 CFR part 679 as follows:

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

0
1. The authority citation for part 902 continues to read as follows:

    Authority:  44 U.S.C. 3501 et seq.

0
2. Amend Sec.  902.1, in the table in paragraph (b), under ``50 CFR'', 
by:
0
a. Revising the entry for ``679.5(a)''; and
0
b. Adding in numerical order entries for ``679.28(g)(2)(iv)'', 
``679.56'', and ``679.57''.

[[Page 60808]]

    The revision and additions read as follows:


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
 CFR part or section where the information  Current OMB control No. (all
     collection requirement is located        numbers begin with 0648-)
------------------------------------------------------------------------
 
                                * * * * *   ............................
50 CFR....................................
 
                                * * * * *   ............................
679.5(a)..................................  -0213, -0269, -0515, and -
                                             0272.
 
                                * * * * *   ............................
679.28(g)(2)(iv)..........................  -0330.
 
                                * * * * *   ............................
679.56....................................  -0711.
679.57....................................  -0318.
 
                                * * * * *   ............................
------------------------------------------------------------------------

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

0
3. The authority citation for part 679 continues to read as follows:

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


0
4. Amend Sec.  679.2 by:
0
a. Removing the definition of ``EM selection pool'';
0
b. Revising the definition of ``EM service provider'' and paragraph 
(3)(iv) of the definition ``Fishing trip''; and
0
c. Adding in alphabetical order the definition of ``Nontrawl EM 
selection pool'', ``Trawl EM category'', and ``Trawl EM Incentive Plan 
Agreement (TEM IPA)''
    The revisions and additions read as follows:


Sec.  679.2  Definitions.

* * * * *
    EM service provider means any person, including their employees or 
agents, that NMFS contracts with, or grants an EM hardware service 
provider permit to under Sec.  679.52(d), to provide EM services, or to 
collect, review, interpret, or analyze EM data, as required under Sec.  
679.51. The two types of EM service providers are as follows:
    (1) EM hardware service provider is a provider that NMFS grants a 
permit under Sec.  679.52(d) and is authorized to deploy and service EM 
hardware aboard vessels in an EM category as specified in Sec.  679.51.
    (2) EM data review service provider is a provider that NMFS 
contracts with, or otherwise has an established business relationship 
with, to review, interpret, or analyze EM data as required under Sec.  
679.51.
* * * * *
    Fishing trip means:
* * * * *
    (3) * * *
    (iv) For a vessel in any EM category, the period of time that 
begins when the vessel with an empty hold departs a port or tender 
vessel until the vessel returns to a port or tender vessel and offloads 
or delivers all fish.
* * * * *
    Nontrawl EM selection pool means the defined group of vessels from 
which NMFS will randomly select the vessels required to use an EM 
system under Sec.  679.51(f).
* * * * *
    Trawl EM category means catcher vessels and tender vessels with a 
NMFS-approved VMP that are required to use an EM system as specified 
under Sec.  679.51(g)(1) when those vessels are directed fishing for, 
or receiving deliveries of, pollock.
    Trawl EM Incentive Plan Agreement (TEM IPA) means a voluntary 
private contract in writing, approved by NMFS under Sec.  679.57, that 
establishes incentives for partial coverage catcher vessels in the 
trawl EM category to keep catch within the limits to which vessels not 
in the trawl EM category are subject. These limits include the catcher 
vessel harvest limit for pollock in the Gulf of Alaska (Sec.  
679.7(b)(2)) and MRAs (Sec.  679.20(e)).
* * * * *

0
5. Amend Sec.  679.5 by adding paragraph (a)(1)(iii)(H) and revising 
paragraph (a)(4)(i) to read as follows:


Sec.  679.5  Recordkeeping and reporting (R&R).

    (a) * * *
    (1) * * *
    (iii) * * *

------------------------------------------------------------------------
                                                             For more
    If harvest made under . . .       Record the . . .     information,
              program                                        see . . .
------------------------------------------------------------------------
 
                              * * * * * * *
(H) Trawl EM Category (TEM).......  Management program    Sec.   679.51.
                                     modifier as TEM.
------------------------------------------------------------------------

* * * * *
    (4) * * *
    (i) Catcher vessels less than 60 ft (18.3 m) LOA. The owner and 
operator of a catcher vessel less than 60 ft (18.3 m) LOA are required 
to comply with the vessel activity report described at paragraph (k) of 
this section, but otherwise are not required to comply with the R&R 
requirements of this section, except for:
    (A) Vessels using pot gear as described in paragraph 
(c)(3)(i)(B)(1) of this section;
    (B) Vessels participating in the PCTC Program as described in 
paragraph (x) of this section; and
    (C) Catcher vessels in the trawl EM category as described in Sec.  
679.51(g).
* * * * *

0
6. Amend Sec.  679.7 by:
0
a. Adding paragraph (a)(11)(iii);
0
b. Revising paragraphs (a)(14) and (a)(16);
0
c. Removing and reserving paragraph (a)(17); and
0
d. Revising paragraphs (b)(2)(i) through (iii), and (j).
    The addition and revisions read as follows:


Sec.  679.7  Prohibitions.

    (a) * * *
    (11) * * *
    (iii) Tender vessel. Use a catcher vessel or catcher/processor to 
harvest groundfish while operating as a tender vessel.
* * * * *
    (14) Trawl gear performance standard--(i) BSAI. Except for catcher 
vessels in the trawl EM category, use a vessel to participate in a 
directed fishery for pollock using trawl gear and have on board the 
vessel, at any particular time, 20 or more crabs of any species that 
have a carapace width of more than 1.5 inches (38 mm) at the widest 
dimension.
    (ii) GOA. Except for catcher vessels in the trawl EM category, use 
a vessel to participate in a directed fishery for pollock using trawl 
gear when directed fishing for pollock with nonpelagic trawl gear is 
closed and have on board

[[Page 60809]]

the vessel, at any particular time, 20 or more crabs of any species 
that have a carapace width of more than 1.5 inches (38 mm) at the 
widest dimension.
* * * * *
    (16) Retention of groundfish bycatch species. Except for catcher 
vessels in the trawl EM category, exceed the maximum retainable amount 
established under Sec.  679.20(e).
* * * * *
    (b) * * *
    (2) * * *
    (i) Except for catcher vessels in the trawl EM category, retain 
more than 300,000 lb (136 mt) of unprocessed pollock on board a catcher 
vessel issued a FFP at any time during a fishing trip as defined at 
Sec.  679.2;
    (ii) Except for catcher vessels in the trawl EM category, land more 
than 300,000 lb (136 mt) of unprocessed pollock harvested in any GOA 
reporting area from a catcher vessel issued a FFP to any processor or 
tender vessel during a calendar day as defined at Sec.  679.2; and
    (iii) Except for catcher vessels in the trawl EM category, land a 
cumulative amount of unprocessed pollock harvested from any GOA 
reporting area from a catcher vessel issued a FFP during a directed 
fishery that exceeds the amount in paragraph (b)(2)(ii) of this section 
multiplied by the number of calendar days that occur during the time 
period the directed fishery is open in that reporting area.
* * * * *
    (j) North Pacific Observer Program--Electronic Monitoring.--(1) 
General.
    (i) Fish without an EM system when a vessel is required to carry an 
EM system under Sec.  679.51.
    (ii) Fish with an EM system without a copy of a valid NMFS-approved 
VMP on board when directed fishing in a fishery subject to EM coverage.
    (iii) Fail to comply with a NMFS-approved VMP when directed fishing 
in a fishery subject to EM coverage.
    (iv) Fail to ensure an EM system is functioning prior to departing 
port on a fishing trip as specified at Sec.  679.51(f)(5)(vi)(A).
    (v) Fail to ensure an EM system is functional prior to departing on 
a fishing trip as specified at Sec.  679.51(g)(3)(v).
    (vi) Depart on a fishing trip without a functional EM system, per 
the VMP, unless approved to do so by NMFS, after the procedures at 
Sec.  679.51(f)(5)(vi)(A)(1), or Sec.  679.51(g), have been followed.
    (vii) Fail to follow procedures related to EM system malfunctions 
as described at Sec.  679.51(f)(5)(vi)(B) or Sec.  679.51(g) prior to 
deploying each set of gear on a fishing trip selected for EM coverage.
    (viii) Fail to make the EM system, associated equipment, logbooks, 
and other records available for inspection upon request by NMFS, OLE, 
or other NMFS-authorized officer.
    (ix) Fail to submit EM data as specified under Sec.  
679.51(f)(5)(vii) or Sec.  679.51(g).
    (x) Tamper with, bias, disconnect, damage, destroy, alter, or in 
any other way distort, render useless, inoperative, ineffective, or 
inaccurate any component of the EM system, associated equipment, or 
data recorded by the EM system when the vessel is directed fishing in a 
fishery subject to EM coverage, unless the vessel operator is directed 
to make changes to the EM system by NMFS, the EM service provider, or 
as directed in the troubleshooting guide of the VMP.
    (xi) Assault, impede, intimidate, harass, sexually harass, bribe, 
or interfere with an EM service provider.
    (xii) Interfere with or bias the sampling procedure employed in the 
EM selection pool, including either mechanically or manually sorting or 
discarding catch outside of the camera view or inconsistent with the 
NMFS-approved VMP.
    (xiii) Fail to meet the vessel owner and operator responsibilities 
when using an EM system as specified at Sec.  679.51(f)(5) or Sec.  
679.51(g)(5).
    (2) Trawl EM category--(i) Catcher vessels in the trawl EM 
category. (A) Use a catcher vessel in the partial coverage trawl EM 
category to fish without being party to an approved trawl EM incentive 
plan agreement established under Sec.  679.57;
    (B) Use a catcher vessel in the trawl EM category to discard catch 
from the codend before it is brought on board the vessel unless 
required to maintain the safety and stability of the vessel;
    (C) Use a catcher vessel in the trawl EM category to deploy a 
nonpelagic trawl;
    (D) Use a catcher vessel in the trawl EM category to land catch to 
a tender vessel that is not in the trawl EM category or does not have a 
NMFS-approved VMP;
    (E) Use a catcher vessel in the trawl EM category to land catch to 
a shoreside processor or stationary floating processor that does not 
have a NMFS-approved CMCP; or
    (F) Use a catcher vessel in the trawl EM category to deploy trawl 
gear in an area that is closed, for any reason, to directed fishing for 
pollock.
    (ii) Shoreside processors and stationary floating processors. (A) 
Receive any delivery from a vessel in the trawl EM category without 
being issued and following a NMFS-approved Catch Monitoring Control 
Plan as described in Sec.  679.28(g).
    (B) Store any non-salmon species in a designated salmon storage 
container as described in a NMFS-approved Catch Monitoring Control Plan 
per Sec.  679.28(g).
    (C) Allow any salmon species to be placed into any location other 
than the designated salmon storage container described in a NMFS-
approved Catch Monitoring Control Plan per Sec.  679.28(g) at a 
shoreside processor or stationary floating processor.
    (D) Begin sorting a trawl EM category offload from the Bering Sea 
or CDQ pollock fisheries before an observer has completed the count of 
all salmon and the collection of scientific data and biological samples 
from the previous offload.
    (E) Continue to sort trawl EM category catch from the Bering Sea or 
CDQ pollock fisheries if the salmon storage container described in a 
NMFS-approved Catch Monitoring Control Plan per Sec.  679.28(g) is 
full.
    (F) Allow any PSC harvested or delivered by a vessel in the trawl 
EM category to be sold, purchased, bartered, or traded.
    (iii) Tender vessels. (A) Operate a tender vessel in the trawl EM 
category and receive a delivery from a catcher vessel in the trawl EM 
category and a catcher vessel not in the trawl EM category during the 
same fishing trip.
    (B) Operate a tender vessel in the trawl EM category without an 
approved VMP and receive a delivery from a catcher vessel in the trawl 
EM category.
* * * * *

0
7. Amend Sec.  679.20 by revising paragraph (d)(2) to read as follows:


Sec.  679.20  General limitations.

* * * * *
    (d) * * *
    (2) Groundfish as prohibited species closure. When the Regional 
Administrator determines that the TAC of any target species specified 
under paragraph (c) of this section, or the share of any TAC assigned 
to any type of gear, has been or will be achieved prior to the end of a 
year, NMFS will publish notification in the Federal Register requiring 
that target species be treated in the same manner as a prohibited 
species, as described under Sec.  679.21(a), for the remainder of the 
year, except:
    (i) Rockfish species caught by catcher vessels using hook-and-line, 
pot, or jig gear as described in paragraph (j) of this section; and
    (ii) Catcher vessels in the trawl EM category.
* * * * *

[[Page 60810]]


0
8. Amend Sec.  679.21 by adding paragraphs (a)(2)(ii)(A) and (B), and 
revising paragraph (f)(15)(ii)(C) to read as follows:


Sec.  679.21  Prohibited species bycatch management.

    (a) * * *
    (2) * * *
    (ii) * * *
    (A) Vessels in the trawl EM category must retain all prohibited 
species catch for sampling by an observer.
    (B) [Reserved]
* * * * *
    (f) * * *
    (15) * * *
    (ii) * * *
    (C) Shoreside processors and stationary floating processors must 
comply with the requirements in Sec.  679.28(g)(9) and (10) for the 
receipt, sorting, and storage of salmon from deliveries of catch from 
the BS pollock fishery.
* * * * *

0
9. Amend Sec.  679.22 by revising paragraph (b)(1)(i) and (ii) to read 
as follows:


Sec.  679.22  Closures.

* * * * *
    (b) * * *
    (1) * * *
    (i) Type I closures. No person may trawl in waters of the EEZ 
within the vicinity of Kodiak Island, as shown in Figure 5 to this part 
as Type I areas, from a vessel having any trawl other than a pelagic 
trawl either attached or on board, except as follows. Vessels in the 
trawl EM category may have a trawl other than a pelagic trawl either 
attached or on board, but may not deploy a trawl other than a pelagic 
trawl in a Type I area.
    (ii) Type II closures. From February 15 to June 15, no person may 
trawl in waters of the EEZ within the vicinity of Kodiak Island, as 
shown in Figure 5 to this part as Type II areas, from a vessel having 
any trawl other than a pelagic trawl either attached or on board, 
except as follows. Vessels in the trawl EM category may have a trawl 
other than a pelagic trawl either attached or on board, but may not 
deploy a trawl other than a pelagic trawl in a Type II area.
* * * * *

0
10. Amend Sec.  679.28 by:
0
a. Revising paragraphs (d)(10)(i) and (g)(1);
0
b. Adding paragraph (g)(2)(iv);
0
c. Revising paragraphs (g)(3) through (6);
0
d. Adding (g)(7) introductory text;
0
e. Revising (g)(7)(v);
0
f. Removing paragraph (g)(7)(vi)(C);
0
g. Revising paragraphs (g)(7)(vii) through (xi); and
0
h. Adding paragraphs (g)(8) through (10).
    The revisions and additions read as follows:


Sec.  679.28  Equipment and operational requirements.

* * * * *
    (d) * * *
    (10) * * *
    (i) How does a vessel owner arrange for an observer sampling 
station inspection? The vessel owner must submit an Inspection Request 
for Observer Sampling Station with all the information fields 
accurately filled in to NMFS by emailing 
([email protected]), or completing the online request form, 
at least 10 working days in advance of the requested date of 
inspection. The request form is available on the NMFS Alaska Region 
website.
* * * * *
    (g) * * *
    (1) What is a CMCP? A CMCP is a plan submitted by the owner and 
manager of a processing plant, and approved by NMFS, detailing how the 
processor will meet the applicable catch monitoring and control 
standards detailed in paragraphs (g)(7) through (10) of this section.
    (2) * * *
    (iv) Any shoreside processor or stationary floating processor 
receiving any delivery from catcher vessels or tender vessels in the 
trawl EM category as defined at Sec.  679.2.
    (3) How is a CMCP approved by NMFS? NMFS will approve a CMCP if it 
meets all the applicable requirements specified in paragraphs (g)(7) 
through (10) of this section. The processor may be inspected by NMFS 
prior to approval of the CMCP to ensure that the processor conforms to 
the elements addressed in the CMCP. NMFS will complete its review of 
the CMCP within 14 working days of receipt. If NMFS disapproves a CMCP, 
the processor owner or manager may resubmit a revised CMCP or file an 
administrative appeal as set forth under the administrative appeals 
procedures described at Sec.  679.43.
    (4) How is a CMCP inspection arranged? The processor must submit a 
request for a CMCP inspection. The time and place of a CMCP inspection 
may be arranged by submitting a written request to NMFS, Alaska Region, 
or other method of electronic communication designated by NMFS. NMFS 
will review the inspection request within 10 working days after 
receiving a complete application for an inspection. The inspection 
request must include:
    (i) Name of the person submitting the application and the date of 
the application;
    (ii) Address, telephone number, and email address of the person 
submitting the application; and
    (iii) A proposed CMCP detailing how the processor will meet each of 
the applicable performance standards in paragraphs (g)(7) through (10) 
of this section.
    (5) For how long is a CMCP approved? NMFS will approve a CMCP for 
up to 1 year if it meets the applicable performance standards specified 
in paragraphs (g)(7) through (10) of this section. An owner or manager 
must notify NMFS in writing if changes are made in plant operations or 
layout that do not conform to the CMCP.
    (6) How do I make changes to my CMCP? An owner and manager may 
change an approved CMCP by submitting a CMCP addendum to NMFS. NMFS 
will approve the modified CMCP if it continues to meet the applicable 
performance standards specified in paragraphs (g)(7) through (10) of 
this section. Depending on the nature and magnitude of the change 
requested, NMFS may require a CMCP inspection as described in paragraph 
(g)(3) of this section. A CMCP addendum must contain:
    (i) Name of the person submitting the addendum;
    (ii) Address, telephone number, and email address of the person 
submitting the addendum; and
    (iii) A complete description of the proposed CMCP change.
    (7) Catch monitoring and control standards. For all shoreside 
processors or stationary floating processors accepting any delivery 
from the fisheries listed in paragraph (g)(2) of this section:
* * * * *
    (v) Delivery point. Each CMCP must identify a single delivery 
point. The delivery point is the first location where fish removed from 
a delivering catcher vessel can be sorted or diverted to more than one 
location. If the catch is pumped from the hold of a catcher vessel or a 
codend, the delivery point normally will be the location where the pump 
first discharges the catch. If catch is removed from a vessel by 
brailing, the delivery point normally will be the bin or belt where the 
brailer discharges the catch. The CMCP must describe how the catch will 
be offloaded at the delivery point.
* * * * *
    (vii) Scale Drawing of the Plant. The CMCP must be accompanied by a 
scale drawing of the plant showing:

[[Page 60811]]

    (A) The delivery point;
    (B) Flow of fish;
    (C) The observation area;
    (D) The observer sampling station described in paragraph (g)(7)(ix) 
of this section;
    (E) The location of each scale used to weigh catch;
    (F) Each location where catch is sorted including the last location 
where sorting could occur; and
    (G) Information to meet other requirements of this part, if 
requested by NMFS.
    (viii) Reasonable assistance. Shoreside processors and stationary 
floating processors must provide reasonable assistance as described in 
Sec.  679.51(e)(2)(vi), to observer(s) and to the Rockfish CMCP 
specialist. The CMCP must identify staff responsible for ensuring 
reasonable assistance is provided.
    (ix) Observer sampling station. Each CMCP, except for the Rockfish 
Program, must identify and include an observer(s) sampling station for 
the exclusive use of observer(s). Unless otherwise approved by NMFS, 
the sampling station must meet the following criteria:
    (A) Location of observer sampling station. (1) The observer 
sampling station must be located in an area protected from the weather 
where the observer has access to unsorted catch.
    (2) The observer sampling station must be adjacent to the location 
where salmon will be counted and biological samples or scientific data 
are collected.
    (3) Clear, unobstructed passage must be provided between the 
observer sampling station and observer sample collection point. The 
observer(s) must be able to monitor the collection and transport of 
unsorted catch to the observer sampling station.
    (B) Proximity of observer sampling station. The observer sampling 
station must be located within 4 meters of the observer sample 
collection point without encountering safety hazards, or, reasonable 
assistance must be given to move samples into the observer sampling 
station upon request.
    (C) Minimum workspace requirements. The observer sampling station 
must include: A working area of at least 4.5 square meters. The 
observer(s) must be able to stand upright and have a sampling area at 
least 0.9 meters deep in front of the table and scale. The workspace 
must include flooring that prevents slipping and drains well, adequate 
lighting, and a hose that supplies fresh or sea water to the observer.
    (D) Clear, unobstructed passage. A clear and unobstructed passage 
is required between the observer sample collection point and sampling 
station, and within the observer sampling station. Passageways must be 
at least 65 centimeters wide at their narrowest point, and be free of 
tripping or head bumping hazards.
    (E) Table. The observer sampling station must include a table at 
least 0.6 meters deep, 1.2 meters wide, 0.9 meters high, and no more 
than 1.1 meters high. The entire surface area of the table must be 
available for use by the observer(s). Any area used for the observer 
sampling scale is in addition to the minimum space requirements for the 
table specified at paragraph (g)(7)(ix)(B) of this section. The 
observer sampling table must be secure, and stable.
    (F) Observer Platform scale. The observer sampling station must 
include a platform scale as described in paragraph (c)(4) of this 
section, and must meet the requirements specified in paragraph 
(c)(3)(v) of this section when tested by the observer. The platform 
scale must be located within 1 meter of the observer sampling table. 
The scale must be mounted so that the weighing surface is no more than 
0.7 meters above the floor.
    (G) Lockable cabinet. The observer work station must include a 
secure and lockable cabinet or locker of at least 0.5 cubic meters, and 
must be for the exclusive use of the observer(s).
    (x) Communication with observer. The CMCP, except for the Rockfish 
Program, must describe what communication equipment such as radios or 
cellular phones is used to facilitate communications within the plant. 
The plant owner must ensure that the plant manager provides the 
observer(s) with the same communications equipment used by plant staff. 
The plant owner or plant manager must communicate the following 
information to the observer(s), including:
    (A) Daily schedule of expected landings;
    (B) Vessel name;
    (C) Identify which management areas the vessel was operating in;
    (D) If the delivering vessel is operating under the trawl EM 
category;
    (E) Estimated tonnage onboard the vessel;
    (F) If there is a deckload;
    (G) Estimated start time of each vessel offload;
    (H) Estimated time to complete the offload;
    (I) If the vessel offload will be interrupted for any reason; and
    (J) Any other information required by the applicable CMCP or VMP.
    (xi) Processor liaison. The CMCP must designate a processor 
liaison. The processor liaison is responsible for:
    (A) Orienting new observer(s) to the plant and providing a copy of 
the NMFS-approved CMCP and any subsequent addendums or revisions; and
    (B) Assisting in the resolution of observer(s) concerns.
    (8) Rockfish Program. In addition to compliance with requirements 
set forth at paragraph (g)(7) of this section, all shoreside processors 
or stationary floating processors receiving deliveries of groundfish 
harvested under the authority of a rockfish CQ permit must:
    (i) Rockfish CMCP specialist notification. Describe how the 
Rockfish CMCP specialist will be notified of deliveries of groundfish 
harvested under the authority of a rockfish CQ permit.
    (ii) [Reserved]
    (9) Processors receiving AFA pollock, CDQ pollock, and trawl EM 
category deliveries. In addition to compliance with requirements set 
forth at paragraph (g)(7) of this section, all shoreside processors and 
stationary floating processors receiving deliveries from the fisheries 
described in paragraphs (g)(2)(i),(ii), and (iv) of this section, must 
comply with the following:
    (i) Salmon storage container. (A) A salmon storage container must 
be designated for the exclusive purpose of storing salmon during an 
offload;
    (B) The observer(s) must have a clear, unobstructed view of the 
salmon storage container to ensure no salmon of any species are removed 
without the observer's knowledge;
    (C) The CMCP must describe the process of sorting and storing 
salmon; and
    (D) The scale drawing of the plant must include the location of the 
salmon storage container.
    (ii) Salmon sorting and handling practices. (A) Sort and transport 
all salmon to the salmon storage container identified in the CMCP (see 
paragraphs (g)(7)(vi)(C) and (g)(7)(x)(F) of this section). The salmon 
must remain in that salmon storage container and within the view of the 
observer(s) at all times during the offload;
    (B) If, at any point during the offload, salmon are too numerous to 
be contained in the salmon storage container, cease the offload and all 
sorting and give the observer(s) the opportunity to count and collect 
scientific data or biological samples from all salmon in the storage 
bin. The counted salmon then must be removed from the area by plant 
personnel in the presence of the observer(s);
    (C) At the completion of the offload, give the observer(s) the 
opportunity to count the salmon and collect scientific data or 
biological samples;

[[Page 60812]]

    (D) When receiving deliveries of pollock from the Bering Sea or CDQ 
pollock fisheries, give the observer(s) the opportunity to complete the 
count of salmon and the collection of scientific data or biological 
samples from the previous offload of catch before sorting of the next 
offload of any catch may begin. When the observer(s) has completed all 
counting and sampling duties for the offload, plant personnel must 
remove the salmon in the presence of the observer(s), from the salmon 
storage container and location where salmon are counted and biological 
samples or scientific data are collected; and
    (E) Regarding deliveries of pollock from the Gulf of Alaska or 
Aleutian Islands, the observer(s) must be given the opportunity to 
complete the count of salmon and the collection of scientific data or 
biological samples from all offloads selected for monitoring. When the 
observer(s) has completed all counting and sampling duties for the 
offload, plant personnel must remove the salmon in the presence of the 
observer(s), from the salmon storage container and location where 
salmon are counted and biological samples or scientific data are 
collected.
    (iii) Observer sample collection point. The observer sample 
collection point is the location where the observer collects unsorted 
catch.
    (A) The observer sample collection point (see paragraph 
(g)(7)(ix)(A)(3) of this section) must have a diverter mechanism to 
allow fish to be diverted from the belt directly into the observer's 
sampling baskets. The location and design of the diverter mechanism 
must be described in the CMCP; and
    (B) The scale drawing of the plant, specified at paragraph 
(g)(7)(vii) of this section, must include the location of the observer 
sample collection point.
    (iv) Observer sampling scales and test weights. (A) Identify by 
serial number each observer sampling scale in the CMCP;
    (B) Provide observer sampling scales that are accurate and within 
the limits specified in paragraph (c)(4)(v) of this section;
    (C) Test weights must be made available for the observer(s) use, be 
kept in good condition, be made of stainless steel or other corrosion-
resistant material, and must meet requirements specified in paragraph 
(c)(4)(iii) of this section;
    (D) List the serial numbers of the test weights to be used to test 
the observer sampling scale in the CMCP; and
    (E) The CMCP must identify where the test weights will be stored. 
Test weights must be stored within the observer sampling station or 
reasonable assistance must be provided upon observer(s) request to move 
the weights from the storage location to the observer sampling scale.
    (10) AFA pollock and CDQ pollock. In addition to paragraphs (g)(7) 
and (9) of this section, all shoreside processors and stationary 
floating processors accepting deliveries described in paragraph 
(g)(2)(i) of this section have the following additional requirements:
    (i) Ensure no salmon of any species pass beyond the last point 
where sorting of fish occurs, as identified in the scale drawing of the 
plant, paragraph (g)(7)(vii) of this section, in the CMCP;
    (ii) The CMCP must describe the process that will be used to sort 
salmon, including the procedures for handling salmon that have passed 
beyond the last point where sorting of fish occurs; and
    (iii) Meet all salmon handling requirements as described in (g)(9) 
of this section.
* * * * *

0
11. Amend Sec.  679.51 by:
0
a. Removing the words ``NMFS Alaska Region website at https://alaskafisheries.noaa.gov/'', ``NMFS Alaska Region website https://alaskafisheries.noaa.gov/'', ``NMFS Alaska Region website at http://alaskafisheries.noaa.gov'', ``NMFS Alaska Region website at http://alaskafisheries.noaa.gov'', and ``NMFS Alaska Region website (http://alaskafisheries.noaa.gov)'' wherever they appear, and, adding in their 
place, the words ``NMFS Alaska Region website'';
0
b. Adding paragraph (a)(1)(iv);
0
c. Revising paragraphs (a)(2)(ii) and (b)(2)(i);
0
d. Adding paragraph (b)(3);
0
e. In paragraph (c)(3), removing the phrase ``transmitted by facsimile 
to 206-526-4066'' and adding in its place the phrase ``other method 
specified by NMFS on the NMFS Observer Program website'';
0
f. In paragraph (f), removing the words ``EM selection pool'' wherever 
they appear and adding in their place the words ``nontrawl EM selection 
pool'';
0
g. Revising paragraph (f)(2) paragraph heading;
0
h. In paragraph (f)(3)(ii), removing the phrase ``the video data 
storage devices'' and adding in its place the phrase ``EM data'';
0
i. Revising paragraph (f)(4)(v);
0
j. Adding paragraph (f)(4)(vi);
0
k. In paragraph (f)(5)(vii), removing the phrase ``the video data 
storage device'' and adding in its place the words ``EM data''; and
0
l. Adding paragraph (g).
    The additions and revisions read as follows:


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

    (a) * * *
    (1) * * *
    (iv) Observer workload at shoreside processors and stationary 
floating processors. Regarding shoreside processors and stationary 
floating processors, the time required for an observer to complete 
sampling, data recording, and data communication duties, per this 
paragraph (a)(1), may not exceed 12 hours in each 24-hour period.
    (2) * * *
    (ii) Observer coverage requirements. A vessel listed in paragraphs 
(a)(2)(i)(A) through (C) of this section must have at least one 
observer aboard the vessel at all times. Some fisheries require 
additional observer coverage in accordance with paragraph (a)(2)(vi) of 
this section. The following exceptions apply:
    (A) A vessel subject to the partial observer coverage category as 
per paragraph (a)(1)(i) of this section;
    (B) A vessel approved to be in the full coverage trawl EM category; 
vessels in the full coverage trawl EM category are subject to observer 
coverage if NMFS determines that at-sea coverage is necessary in the 
Annual Deployment Plan.
* * * * *
    (b) * * *
    (2) * * *
    (i) Coverage level. (A) An AFA inshore processor must provide an 
observer for each 12-consecutive-hour period of each calendar day 
during which the processor takes delivery of, or processes, groundfish 
harvested by a vessel engaged in a directed pollock fishery in the BS. 
An AFA inshore processor that, for more than 12 consecutive hours in a 
calendar day, takes delivery of or processes pollock harvested in the 
BS directed pollock fishery must provide two observers for each such 
day.
    (B) The owner and operator of an AFA shoreside or stationary 
floating processor receiving deliveries from a catcher vessel in the 
trawl EM category must provide the necessary number of observers to 
meet the criteria prescribed by NMFS in the Annual Deployment Plan for 
each calendar day during which the processor takes delivery of, or 
processes, groundfish harvested by a vessel engaged in a directed 
pollock fishery in the BS.
* * * * *

[[Page 60813]]

    (3) Shoreside processor and stationary floating processor receiving 
a delivery from catcher or tender vessels in the trawl EM category--(i) 
Deadline to submit a request to receive trawl EM deliveries. A 
shoreside processor and stationary floating processor must submit a 
request to NMFS by November 1 of the year prior to the fishing year in 
which they intend to receive deliveries from catcher vessels or tender 
vessels in the trawl EM category.
    (ii) [Reserved]
* * * * *
    (f) * * *
    (2) Notification of nontrawl EM trip selection.
* * * * *
    (4) * * *
    (v) If, at any time, changes are required to the VMP to improve the 
data collection of the EM system or address fishing operation changes, 
the vessel owner or operator must work with NMFS and the EM service 
provider to amend the VMP. The vessel owner or operator must sign the 
amended VMP and submit these changes to the VMP to NMFS prior to 
departing on the next fishing trip selected for EM coverage.
    (vi) The VMP will require information regarding:
    (A) Vessel and contact information;
    (B) Gear used;
    (C) EM hardware functionality requirements;
    (D) Requirements for meeting program objectives as specified in the 
Annual Deployment Plan;
    (E) List of potential solutions for hardware malfunctions;
    (F) Images of camera locations and camera views;
    (G) EM hardware service provider information;
    (H) Valid signatures from the EM hardware service provider and 
vessel owner or operator; and
    (I) Any other information required by the applicable VMP.
* * * * *
    (g) Trawl EM category--(1) Vessel placement in the trawl EM 
category--(i) Applicability. (A) The owner or operator of a catcher 
vessel with a pollock trawl endorsement (PTW) on their FFP in the 
partial coverage category under paragraph (a)(1)(i) of this section, or 
in the full coverage category in paragraph (a)(2)(i) of this section, 
may request to be placed in the trawl EM category.
    (1) Partial coverage trawl EM category. Catcher vessels directed 
fishing for pollock with pelagic trawl gear in the GOA or AI fisheries.
    (2) Full coverage trawl EM category. Catcher vessels directed 
fishing for pollock with pelagic trawl gear in the BS or CDQ fisheries.
    (B) The owner or operator of a tender vessel must request to be 
placed in the trawl EM category before receiving a delivery from a 
catcher vessel in the trawl EM category.
    (ii) How to request placement in the trawl EM category. The owner 
or operator of a vessel must complete the trawl EM category request and 
submit it to NMFS using ODDS. Access to ODDS is available through the 
NMFS Alaska Region website. ODDS is described in paragraph (a)(1)(ii) 
of this section.
    (iii) Deadline to submit a trawl EM category request. A vessel 
owner or operator must submit an annual trawl EM category request in 
ODDS by November 1 of the year prior to the fishing year in which the 
vessel would be placed in the trawl EM category.
    (iv) Approval for placement in the trawl EM category. NMFS may 
approve a vessel for placement in the trawl EM category based on 
criteria specified by NMFS in the Annual Deployment Plan, available 
through the NMFS Alaska Region website. Criteria for disapproval may 
include actions by the vessel leading to data gaps, noncompliance with 
program elements such as discarding of catch, vessel configuration or 
fishing practices that cannot provide the necessary camera views to 
meet data collection goals, failure to follow the trawl EM category 
VMP, and/or failure to adhere to an incentive plan agreement as 
specified in Sec.  679.57 for partial coverage catcher vessels or Sec.  
679.21(f)(12) for full coverage catcher vessels. For the trawl EM 
application to be considered complete, all fees due to NMFS from the 
owner or authorized representative of a catcher vessel subject to the 
fees specified at Sec.  679.56 at the time of application must be paid.
    (v) Notification of approval for placement in the trawl EM 
category. (A) NMFS will notify the owner or operator through ODDS of 
approval for the trawl EM category for the following fishing year. 
Catcher vessels remain subject to observer coverage under paragraphs 
(a)(1)(i) or (a)(2)(i) of this section unless and until NMFS approves 
the request for placement of the catcher vessel in the trawl EM 
category.
    (B) Once NMFS notifies the catcher vessel owner or operator that 
their request to be placed in the trawl EM category has been approved, 
the vessel owner or operator must comply with the responsibilities in 
paragraphs (g)(2) and (3) of this section and all further instructions 
set forth in ODDS when they operate in the trawl EM category. When a 
catcher vessel approved for placement in the trawl EM category does not 
operate in the trawl EM category on a particular fishing trip, the 
vessel remains subject to observer coverage under paragraphs (a)(1)(i) 
or (a)(2)(i) of this section.
    (vi) Initial Administrative Determination (IAD). If NMFS denies a 
request to place a vessel in the trawl EM category, NMFS will provide 
an IAD to the vessel owner, which will explain the basis for the 
denial.
    (vii) Appeal. If the vessel owner wishes to appeal NMFS' denial of 
a request to place the vessel in the trawl EM category, the owner may 
appeal the determination under the appeals procedure set out at 15 CFR 
part 906.
    (viii) Duration. Once NMFS approves a vessel for placement in the 
trawl EM category, that vessel will remain in the trawl EM category for 
the following upcoming fishing year or until:
    (A) NMFS disapproves the vessel's VMP under paragraph (g)(2) of 
this section; or
    (B) The vessel no longer meets the trawl EM category criteria 
specified by NMFS.
    (ix) Procurement of EM services. (A) In the partial coverage 
category, the owner or operator of a vessel approved for the trawl EM 
category must use the EM hardware service provider as outlined by NMFS 
in the Annual Deployment Plan.
    (B) In the full coverage category, the owner or operator of a 
vessel approved for the trawl EM category must arrange and pay for EM 
service provider services from a permitted EM hardware service 
provider.
    (2) Vessel Monitoring Plan (VMP). Once approved for the trawl EM 
category, and prior to the first trawl EM fishing trip in the fishing 
year, the vessel owner or operator must develop a VMP with the EM 
hardware service provider following the VMP template available through 
the NMFS Alaska Region website.
    (i) VMP Submission. The vessel owner or operator must sign and 
submit the VMP to NMFS each fishing year.
    (ii) VMP Approval. NMFS may approve the VMP for the fishing year if 
it meets all the requirements specified in the VMP template available 
through the NMFS Alaska Region website.
    (iii) VMP Resubmission. If the VMP does not meet all the 
requirements specified in the VMP template, NMFS will provide the 
vessel owner or operator the opportunity to submit a revised VMP that 
meets all the requirements specified in the VMP template.
    (iv) VMP Disapproval. If NMFS does not approve the revised VMP, 
NMFS will issue an IAD to the vessel owner or operator that will 
explain the basis for the disapproval. The vessel owner or

[[Page 60814]]

operator may file an administrative appeal under the administrative 
appeals procedures set out at 15 CFR part 906.
    (v) VMP Revision. If, at any time, changes must be made to the VMP 
to improve the data collection of the EM system or address fishing 
operation changes, the vessel owner or operator must work with NMFS and 
the EM hardware service provider to amend the VMP. The vessel owner or 
operator must sign the updated VMP and submit those changes to NMFS. 
NMFS must approve the amended VMP prior to departing on the next 
fishing trip selected for EM coverage.
    (vi) VMP Components. The VMP will require information regarding:
    (A) Vessel and contact information;
    (B) Gear used;
    (C) EM hardware functionality requirements;
    (D) Requirements for meeting program objectives as specified in the 
Annual Deployment Plan;
    (E) List of potential solutions for hardware malfunctions;
    (F) Images of camera locations and camera views;
    (G) EM hardware service provider information;
    (H) Valid signatures from the EM hardware service provider and 
either the vessel owner or operator; and
    (I) Any other information required by the applicable VMP.
    (3) Responsibilities. To use an EM system under this section the 
vessel owner and operator must:
    (i) Installation. Make the vessel available for the installation of 
EM equipment by an EM hardware service provider;
    (ii) Access. Provide access to the vessel's EM system and 
reasonable assistance to the EM hardware service provider;
    (iii) Copy. Maintain a copy of a NMFS-approved VMP onboard the 
vessel at all times when the vessel is directed fishing in a fishery 
subject to EM coverage;
    (iv) Compliance. Comply with all elements of the VMP during trawl 
EM category fishing trips;
    (v) Maintenance. Maintain the EM system, including by doing the 
following:
    (A) Ensure the EM system is functioning before departing on a 
fishing trip.
    (B) Ensure power is maintained to the EM system for the duration of 
a trawl EM category fishing trip;
    (C) Ensure the system is functioning for the entire fishing trip, 
camera views are unobstructed and clear in quality, and discards may be 
completely viewed, identified, and quantified; and
    (D) Ensure EM system components are not tampered with, disabled, 
destroyed, or operated or maintained improperly.
    (vi) Communication. Communicate catch information to the shoreside 
processor or stationary floating processor receiving catch through a 
NMFS approved system. The following information must be transmitted as 
outlined in the VMP:
    (A) Vessel name;
    (B) Identify which Management areas the vessel was operating in;
    (C) Most precise estimate available of tonnage aboard the vessel;
    (D) Estimated deckload size, if present;
    (E) Estimated time of arrival at shoreside processor or stationary 
floating processor; and
    (F) Information to meet other requirements of this part, if 
requested by NMFS.
    (4) EM coverage duration and duties. (i) Beginning a Fishing Trip. 
A fishing trip in the trawl EM category may not begin until all 
previously harvested fish have been landed.
    (ii) Ending a Fishing Trip. At the end of the fishing trip in the 
trawl EM category, the vessel operator must follow the instructions in 
the VMP and submit the EM data and associated documentation identified 
in the VMP.
    (iii) Daily Tests. The vessel operator must complete daily tests of 
equipment functionality as instructed in the vessel's VMP.
    (A) During a fishing trip in the trawl EM category, before each 
haul is retrieved, the vessel operator must verify all cameras are 
recording and all sensors and other required EM system components are 
functioning as instructed in the vessel's VMP.
    (1) If a malfunction is detected prior to retrieving the haul the 
vessel operator must attempt to correct the problem using the 
instructions in the vessel's VMP.
    (2) If the malfunction cannot be repaired at sea, the vessel 
operator must notify the EM hardware service provider of the 
malfunction at the end of the fishing trip. The malfunction must be 
repaired prior to departing on the next fishing trip in the trawl EM 
category.
    (B) [Reserved]
    (iv) Inspection. Make the EM system and associated equipment 
available for inspection upon request by OLE, a NMFS-authorized 
officer, or other NMFS-authorized personnel.
    (5) ODDS requirements for trawl EM category catcher vessels in the 
partial coverage category--(i) EM trips. Prior to embarking on each 
fishing trip, the operator of a catcher vessel in the partial coverage 
trawl EM category with a NMFS-approved VMP must register the 
anticipated trip with ODDS. The owner or operator must specify the use 
of pelagic trawl gear to determine trawl EM category participation for 
the upcoming fishing trip.
    (ii) [Reserved]
* * * * *

0
12. Amend Sec.  679.52 by:
0
a. Revising paragraphs (b)(1)(iii)(A), (b)(1)(iii)(B)(2), and (b)(3)(i) 
introductory text;
0
b. In paragraph (b)(11) introductory text removing ``, fax'';
0
c. Revising paragraphs (b)(11)(iv) and (b)(11)(vii) introductory text;
0
d. In paragraph (b)(11)(ix), removing the word ``fax'' and adding in 
its place the phrase ``electronic submission (email or online through 
NMFS-designated electronic system)'';
0
e. In paragraph (b)(11)(x) introductory text, removing the phrase ``fax 
or email'' and adding in its place the phrase ``electronic submission 
(email or online through NMFS-designated electronic system)'';
0
f. Revising paragraph (b)(11)(x)(B); and
0
g. Adding paragraphs (d) and (e).
    The revisions and additions read as follows:


Sec.  679.52  Observer provider permitting and responsibilities.

* * * * *
    (b) * * *
    (1) * * *
    (iii) * * *
    (A) That all of the observer's in-season catch messages (data) 
between the observer and NMFS are submitted to the Observer Program as 
outlined in the current Observer Sampling Manual.
    (B) * * *
    (2) The observer does not at any time during his or her deployment 
travel through a location where an Observer Program employee is 
available for an in-person data review and the observer completes a 
phone, email, or other NMFS-specified method for mid-deployment data 
review, as described in the Observer Sampling Manual; and
* * * * *
    (3) * * *
    (i) An observer provider must develop, maintain, implement, and 
enforce a policy addressing observer conduct and behavior for their 
employees that serve as observers. The policy shall address the 
following behavior and conduct regarding:
* * * * *
    (11) * * *
    (iv) Observer deployment/logistics report. An accurate deployment/
logistics report must be submitted

[[Page 60815]]

within 24 hours of the observer assignment, or daily by 4:30 p.m., 
Pacific time, each business day with regard to each observer. The 
deployment/logistics report must include the observer's name, cruise 
number, current vessel, shoreside processor or stationary floating 
processor assignment and vessel/processor code, embarkation date, and 
estimated or actual disembarkation dates.
* * * * *
    (vii) Observer provider contracts. Observer providers must submit 
to the Observer Program a completed and unaltered copy of each type of 
signed and valid contract (including all attachments, appendices, 
addendums, and exhibits incorporated into the contract) between the 
observer provider and those entities requiring observer services under 
Sec.  679.51(a)(2) and (b)(2), by February 1 of each year. Observer 
providers must also submit to the Observer Program, upon request, a 
completed and unaltered copy of the current or most recent signed and 
valid contract (including all attachments, appendices, addendums, and 
exhibits incorporated into the contract and any agreements or policies 
with regard to observer compensation or salary levels) between the 
observer provider and the particular entity identified by the Observer 
Program or with specific observers. The copies must be submitted by 
electronic transmission (email or through an electronic system as 
designated by NMFS) or other method specified by NMFS within 5 business 
days of the request for the contract at the address listed in Sec.  
679.51(c)(3). Signed and valid contracts include the contracts an 
observer provider has with:
* * * * *
    (x) * * *
    (B) Within 72 hours after the observer provider determines that an 
observer violated the observer provider's conduct and behavior policy 
described at paragraph (b)(3)(i) of this section; these reports shall 
include the underlying facts, circumstances, and provider responses to 
the violation, including the steps taken to enforce the provider's 
conduct and behavior policy.
* * * * *
    (d) EM hardware service provider permit.--(1) Permit. The Regional 
Administrator may issue a permit authorizing a person's participation 
as an EM hardware service provider for operations requiring EM system 
coverage per Sec.  679.51(f) and (g). Persons seeking to provide EM 
services under this section must obtain an EM hardware service provider 
permit from the NMFS Alaska Region.
    (2) EM hardware service provider. An applicant seeking an EM 
hardware service provider permit must submit a completed application to 
the Regional Administrator for review. This application can be found on 
the NMFS Alaska Region website.
    (3) Contents of application. An application for an EM hardware 
service provider permit must contain the following:
    (i) Contact information. (A) The permanent phone number and email 
address of the owner(s) of the EM hardware service provider.
    (B) Current physical location, business mailing address, business 
telephone, and business email address for each office of the EM 
hardware service provider.
    (ii) Hardware and software testing. Description of testing 
conducted to ensure that the EM hardware is capable of withstanding 
environmental conditions in the North Pacific Ocean. NMFS will provide 
specifications for EM hardware upon request. At any time after initial 
approval of the EM hardware service provider permit, this testing 
requirement must be applied to and met by any EM system requiring new, 
or significantly updated, hardware or software installed onboard a 
vessel.
    (iii) Data review. Provide a sample of EM data to NMFS that can be 
reviewed by NMFS EM data review software for compliance with program 
objectives as specified in Sec.  679.51(f) and (g).
    (iv) Conflict of interest. A statement signed under penalty of 
perjury from each owner or, if the owner is an entity, each board 
member and officer, if a corporation, that they have no conflict of 
interest as described in paragraph (c) of this section.
    (v) Criminal convictions and Federal contracts. A statement signed 
under penalty of perjury from each owner or, if the owner is an entity, 
each board member and officer, if a corporation, describing:
    (A) Any criminal convictions; and
    (B) Any Federal contracts they have had and the performance rating 
they received for each such contract.
    (vi) Prior experience. A description of any prior experience the EM 
hardware service provider may have in placing individuals in remote 
field and/or marine work environments. This includes recruiting, 
hiring, deployment, working with fishing fleets, and operations in 
remote areas.
    (vii) Responsibilities and duties. A description of the EM hardware 
service provider's ability to carry out the responsibilities and duties 
of an EM hardware service provider as set out under paragraph (e) of 
this section and the arrangements to be used to do so.
    (4) Application evaluation. NMFS staff will evaluate the 
completeness of the application, the application's consistency with 
needs and objectives of the EM program, and other relevant factors. 
NMFS will provide specifications for EM hardware upon request.
    (5) Agency determination on an application. NMFS will send the 
Agency's determination on the application to the EM hardware service 
provider. If an application is approved, NMFS will issue an EM hardware 
service provider permit to the applicant. If an application is denied, 
the reason for denial will be explained in the electronic 
determination.
    (6) Transferability. An EM hardware service provider permit is not 
transferable. To prevent a lapse in authority to provide EM hardware 
services, a provider that experiences a change in ownership that 
involves a new person may submit a new permit application prior to sale 
and ask to have the application approved under this paragraph (a) prior 
to date of sale.
    (7) Expiration of EM hardware service provider permit.--(i) Permit 
duration. An EM hardware service provider permit will expire after a 
period of 12 continuous months during which no EM services are provided 
to vessels in an EM category.
    (ii) Permit expiration. The Regional Administrator will provide a 
written initial administrative determination (IAD) of permit expiration 
to a provider if NMFS records indicate that the provider has not 
provided EM services to vessels in an EM category during a period of 12 
continuous months. A provider who receives an IAD of permit expiration 
may appeal the IAD under Sec.  679.43. A provider that appeals an IAD 
will be issued an extension of the expiration date of the permit until 
after the final resolution of the appeal.
    (8) Removal of permit. Performance of the EM hardware service 
provider will be assessed annually on the ability of the provider to 
meet program objectives as outlined in Sec.  679.51 and the Annual 
Deployment Plan. If the EM hardware service provider is unable to meet 
program objectives, the permit will be removed.
    (e) Responsibilities of EM hardware service providers. 
Responsibilities of EM hardware service providers are specified in 
section Sec.  679.51(f) and (g).

0
13. Add Sec. Sec.  679.56 and 679.57 to subpart E to read as follows:

[[Page 60816]]

Sec.  679.56  Full coverage trawl Electronic Monitoring category fee.

    (a) Full coverage trawl electronic monitoring (EM) category fee--
(1) Responsibility. The owner of a catcher vessel in the full coverage 
trawl EM category must comply with the requirements of this section. 
Subsequent opting out of the trawl EM category does not affect the FFP 
permit holder's liability for paying the full coverage trawl EM 
category fee for any fishing year in which the vessel was approved to 
be in the full coverage trawl EM category and made pollock landings. 
Subsequent transfer of an AFA catcher vessel or AFA permit does not 
affect the catcher vessel owner's liability for non-compliance with 
this section.
    (2) Landings subject to the observer fee. The full coverage trawl 
EM fee is assessed on pollock landings by catcher vessels in the full 
coverage trawl EM category as specified in Sec.  679.51(g).
    (3) Fee collection. The owner of a catcher vessel (as identified 
under paragraph (a)(1) of this section) is responsible for paying the 
full coverage trawl EM fee for all pollock landings.
    (4) Payment.--(i) Payment due date. The owner of a catcher vessel 
(as identified under paragraph (a)(1) of this section) must submit all 
full coverage trawl EM fee payments to NMFS no later than May 31 of the 
fishing year following the year in which the pollock landings occurred.
    (ii) Payment recipient and method. The owner of a catcher vessel 
(as identified under paragraph (a)(1) of this section) must submit 
payment and related documents as instructed on the fee submission form. 
Payments must be made electronically through the NMFS Alaska Region 
website. Instructions for electronic payment will be made available on 
both the payment website and a fee liability summary letter mailed to 
each permit holder.
    (b) Full coverage standard ex-vessel value determination and use. 
NMFS will use the standard prices calculated for AFA cost recovery per 
Sec.  679.66(b).
    (c) Full coverage fee percentages.--(1) Established percentages. 
The trawl EM fee percentage is the amount as determined by the factors 
and methodology described in paragraph (c)(2) of this section. These 
amounts will be announced by publication in the Federal Register in 
accordance with paragraph (c)(3) of this section.
    (2) Calculating fee percentage value. Each year NMFS will calculate 
and publish the trawl EM fee percentage for the full coverage trawl EM 
category catcher vessels according to the following factors and 
methodology:
    (i) Factors. NMFS will use the following factors to determine the 
fee percentages:
    (A) The catch to which the full coverage trawl EM fee will apply;
    (B) The ex-vessel value of that catch; and
    (C) The costs directly related to the EM data collection, EM data 
review, VMP approval, and trawl EM category data.
    (ii) Methodology. NMFS will use the following equations to 
determine the trawl EM fee percentage: 100 x DPC / V, where:
    (A) DPC equals the trawl EM category costs for the directed full 
coverage pollock fisheries for the most recent fiscal year (October 1 
through September 30) with any adjustments to the account from payments 
received in the previous year.
    (B) V equals the total of the standard ex-vessel value of the catch 
subject to the trawl EM fee liability for the current year.
    (iii) Program costs. Trawl EM category costs will be calculated 
only for catcher vessels that NMFS approves to be in the full coverage 
trawl EM category.
    (3) Publication.--(i) General. NMFS will calculate and announce the 
trawl EM fee percentage in a Federal Register notice by December 1 of 
the year following the year in which the full coverage pollock landings 
were made. NMFS will calculate the trawl EM fee percentage based on the 
calculations described in paragraph (c)(2) of this section.
    (ii) Effective period. NMFS will apply the calculated trawl EM fee 
percentage to all full coverage trawl EM category directed pollock 
landings made by vessels in the trawl EM category between January 1 and 
December 31 of the previous year.
    (4) Applicable percentage. A designated representative must use the 
AFA fee percentage applicable at the time a Bering Sea directed pollock 
landing is debited from an AFA pollock fishery allocation to calculate 
the AFA fee liability for any retroactive payments for that landing.


Sec.  679.57  Trawl EM incentive plan agreements.

    (a) Parties to a trawl EM Incentive Plan Agreement (TEM IPA)--(1) 
TEM IPA. A catcher vessel owner or operator must be a party to a TEM 
IPA to be approved for the trawl EM partial coverage category.
    (2) Compliance. Once a party to a TEM IPA, a catcher vessel owner 
or operator cannot withdraw from the TEM IPA and must comply with the 
terms of the TEM IPA for the duration of the fishing year.
    (b) Request for approval of a proposed TEM IPA. The TEM IPA 
representative must submit a proposed TEM IPA to NMFS. The proposed TEM 
IPA must contain the following information:
    (1) Affidavit. The TEM IPA must include an affidavit affirming that 
each party to the TEM IPA is subject to the same terms and conditions.
    (2) Name of the TEM IPA--(3) Representative. The TEM IPA must 
include the name, telephone number, and email address of the TEM IPA 
representative who is responsible for submitting the proposed TEM IPA 
on behalf of the TEM IPA parties, any proposed amendments to the TEM 
IPA, and the annual report required under paragraph (f) of this 
section.
    (4) Incentive plan. The TEM IPA must contain provisions that 
address or contain the following:
    (i) Restrictions, penalties, or performance criteria that will 
limit changes in fishing behavior.
    (ii) Incentive measures to discourage catcher vessels from 
harvesting pollock catch in excess of 300,000 (136 mt) pounds during a 
fishing trip, on average in the GOA, and an explanation of how the 
incentive(s) encourage vessel operators to limit harvest in excess of 
300,000 (136 mt) pounds of pollock per fishing trip in the GOA.
    (iii) Incentive measures to prevent catcher vessels from exceeding 
the MRAs established in Sec.  679.21(e) and how the incentives 
encourage vessel operators to avoid bycatch and avoid exceeding the 
maximum retainable amounts established in Sec.  679.20(e).
    (iv) Acknowledgment by the parties that NMFS will disclose to the 
public their vessels' performance under the TEM IPA and any 
restrictions, penalties, or performance criteria imposed under the TEM 
IPA by vessel name.
    (5) Compliance agreement. The TEM IPA must include a provision that 
all parties to the TEM IPA agree to comply with all provisions of the 
TEM IPA.
    (6) Signatures. The name and signature of the owner or operator for 
each vessel that is a party to the TEM IPA.
    (c) Deadline and duration.--(1) Deadline for proposed TEM IPA. A 
proposed TEM IPA must be received by NMFS no later than 1700 hours, 
A.l.t., on December 1 of the year prior to the fishing year for which 
the TEM IPA is proposed to be effective.
    (2) Duration. Once approved, a TEM IPA is effective starting 
January 1 of the fishing year following the year in which NMFS approves 
the IPA, unless the TEM IPA is approved between January 1 and January 
19, in which case the TEM IPA is effective starting in the year

[[Page 60817]]

in which it is approved. Once approved, a TEM IPA is effective until 
December 31 of the first year in which it is effective or until 
December 31 of the year in which the TEM IPA representative notifies 
NMFS in writing that the TEM IPA is no longer in effect, whichever is 
later. A TEM IPA may not expire mid-year. No party may leave a TEM IPA 
once it is approved, except as allowed under paragraph (d)(3) of this 
section.
    (d) NMFS review of a proposed TEM IPA.--(1) Approval. A TEM IPA 
will be approved by NMFS if the TEM IPA meets the following 
requirements:
    (i) Complies with the submission requirements of paragraphs (b) and 
(c) of this section; and
    (ii) Contains the information required in paragraph (b) of this 
section.
    (2) Amendments to a TEM IPA. Amendments in writing to an approved 
TEM IPA may be submitted to NMFS at any time and will be reviewed under 
the requirements of paragraph (b) of this section. An amendment to an 
approved TEM IPA is effective when NMFS notifies the TEM IPA 
representative in writing of NMFS approval.
    (3) Disapproval. (i) NMFS will disapprove a proposed TEM IPA or a 
proposed amendment to a TEM IPA:
    (A) If the proposed TEM IPA fails to meet any of the requirements 
of paragraph (b) of this section; or
    (B) If a proposed amendment to a TEM IPA would cause the TEM IPA to 
no longer comply with the requirements of paragraph (b) of this 
section.
    (ii) [Reserved]
    (4) Initial Administrative Determination (IAD). If NMFS identifies 
deficiencies in the proposed TEM IPA, NMFS will notify the applicant in 
writing that the proposed TEM IPA will not be approved. The TEM IPA 
representative will be provided one 30-day period to address, in 
writing, all deficiencies identified by NMFS. Additional information or 
a revised TEM IPA received by NMFS after the expiration of the 30-day 
period specified by NMFS will not be considered. NMFS will evaluate any 
additional information submitted by the TEM IPA representative within 
the 30-day period. If the Regional Administrator determines that the 
additional information addresses the deficiencies in the proposed TEM 
IPA, the Regional Administrator will approve the proposed TEM IPA under 
paragraph (d) of this section. However, if NMFS determines that the 
proposed TEM IPA does not comply with the requirements of paragraph (b) 
of this section, NMFS will issue an IAD providing the reasons for 
disapproving the proposed TEM IPA.
    (5) Appeal. A TEM IPA representative who receives an IAD 
disapproving a proposed TEM IPA may appeal under the procedures set 
forth at 15 CFR part 906. If the TEM IPA representative fails to timely 
file an appeal of the IAD pursuant to 15 CFR part 906, the IAD will 
become the final agency action. If the IAD is appealed and the final 
agency action approves the proposed TEM IPA, the TEM IPA will be 
effective as described in paragraph (c) of this section.
    (6) Pending approval. While appeal of an IAD disapproving a 
proposed TEM IPA is pending, proposed parties to the TEM IPA subject to 
the IAD, which are not currently parties to an approved TEM IPA, are 
not authorized to participate in trawl EM category.
    (e) Public release of a TEM IPA and performance metrics. Each 
fishing year NMFS will release to the public and publish on the NMFS 
Alaska Region website:
    (1) Approvals. Approved TEM IPAs and Approval Memos;
    (2) Parties. List of parties to each approved TEM IPA; and
    (3) Names. Names of vessels covered by each approved TEM IPA that:
    (i) On average, harvesting pollock catch in excess of 300,000 
pounds (136 mt) per fishing trip in the GOA;
    (ii) Harvest bycatch in quantities that exceed MRAs; and
    (iii) Vessels' performance under the TEM IPA and any restrictions, 
penalties, or performance criteria imposed under the TEM IPA by vessel 
name.
    (f) TEM IPA Annual Report. The representative of each approved TEM 
IPA must submit a written annual report to the Council at the address 
specified in Sec.  679.61(f). The Council will make the annual report 
available to the public.
    (1) Submission deadline. The TEM IPA Annual Report must be received 
by the Council no later than May 15 of the following fishing year.
    (2) Information requirements. The TEM IPA Annual Report must 
contain the following information:
    (i) A comprehensive description of the incentive measures in effect 
in the previous year;
    (ii) A description of how these incentive measures affected 
individual vessels;
    (iii) An evaluation of whether incentive measures were effective in 
limiting changes in vessel behavior including the effectiveness of:
    (A) Measures to discourage participating vessels, on average, from 
harvesting pollock catch in excess of 300,000 pounds (136 mt) per 
fishing trip in the GOA;
    (B) Measures that incentivize participating vessels to avoid 
exceeding MRAs established in Sec.  679.20(e) applicable to non-EM 
vessels;
    (C) Restrictions, penalties, or performance criteria that were 
imposed to prevent vessels from consistently exceeding catcher vessel 
harvest limit for pollock in the GOA or MRAs relative to non-EM vessels 
by vessel name (see Sec. Sec.  679.7(b)(2) and 679.20(e));
    (D) The frequency of vessels exceeding the catcher vessel harvest 
limit for pollock in the GOA and MRA limits relative to non-EM vessels 
(see Sec. Sec.  679.7(b)(2) and 679.20(e)); and
    (E) Identification of, and the TEM IPA's response to, vessels 
directed fishing in conflict with harvest specifications or directed 
fishing for Steller Sea Lion forage species within closed Steller Sea 
Lion protection areas.
    (iv) A description of any amendments to the TEM IPA that were 
approved by NMFS since the last annual report and the reasons that the 
amendments to the TEM IPA were requested.

[FR Doc. 2024-15931 Filed 7-26-24; 8:45 am]
BILLING CODE 3510-22-P