77228 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 231031–0255] 

RIN 0648–BL69 

Monitoring Requirements for Pot 

Catcher/Processors Participating in 

Bering Sea/Aleutian Islands 

Groundfish Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

revise the monitoring requirements for 

pot gear catcher/processors (CPs) 

participating in Bering Sea/Aleutian 

Islands (BSAI) groundfish fisheries. This 

action is needed to address management 

challenges created by observer data 

collection errors that have impacted 

catch estimates. This action improves 

observer data collection by requiring 

participating CPs to carry a Level 2 

observer and comply with pre-cruise 

meeting notifications and by requiring 

certification and testing standards for 

participants choosing any of the 

following voluntary monitoring options: 

providing observer sampling stations, 

installing motion-compensated platform 

and flow scales, and carrying additional 

observers on the vessel. Additionally, 

this action changes the location of 

existing monitoring regulations for 

longline CPs and halibut deck sorting by 

moving them under a single, new 

subpart within the regulations. This 

action promotes the goals and objectives 

of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), the Fishery 

Management Plan (FMP) for Groundfish 

of the BSAI Management Area (BSAI 

FMP), and other applicable laws. 

DATES: This rule is effective December 

11, 2023. 

ADDRESSES: Electronic copies of the 

Regulatory Impact Review (RIR; referred 

to as the Analysis) prepared for this 

action are available from https://

www.regulations.gov or from the NMFS 

Alaska Region website at https://

www.fisheries.noaa.gov/region/alaska. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted to NMFS Alaska 

Region, P.O. Box 21668, Juneau, AK 

99802–1668, Attn: Gretchen Harrington; 

and to https://www.reginfo.gov/public/ 

do/PRAMain. Find the information 

collections by selecting ‘‘Currently 

under Review’’ or by using the search 

function and entering the title of the 

collection. 

FOR FURTHER INFORMATION CONTACT: Joel 

Kraski, 907–586–7228, joel.kraski@

noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS 

published a proposed rule in the 

Federal Register on July 6, 2023 (88 FR 

43072), with public comments invited 

through August 7, 2023. NMFS received 

one comment letter on the proposed 

rule. A summary of the comment and 

NMFS’ response are provided under the 

heading Comments and Responses 

section below. 

Background 

This final rule is intended to improve 

data collection by observers deployed 

by the North Pacific Observer Program 

(Observer Program) for management of 

the BSAI pot gear CP sector (referred to 

as BSAI pot CP sector throughout) by 

revising the existing observer-associated 

monitoring requirements for the BSAI 

pot CP sector. At its February 2023 

meeting, the North Pacific Fishery 

Management Council (Council) took 

final action to recommend additional 

monitoring requirements for the BSAI 

pot CP sector. The following sections of 

this preamble generally describe the 

following: (1) the North Pacific Observer 

Program, (2) the BSAI pot CP sector, (3) 

and this final rule. A more-detailed 

description of the North Pacific 

Observer Program, the BSAI pot CP 

sector, and the need for this action is 

provided in the preamble to the 

proposed rule and in the Analysis and 

is not repeated here. 

North Pacific Observer Program 

The Observer Program is an integral 

component in the management of North 

Pacific fisheries. The Observer Program 

was created with the implementation of 

the Magnuson-Stevens Act in the mid1970s and has evolved from primarily 

observing foreign fleets to observing 

domestic fleets, including the BSAI pot 

CP sector. Regulations at subpart E of 50 

CFR part 679 implement the Observer 

Program and describe how NMFScertified observers will be deployed on 

board vessels and in processing plants 

to obtain information necessary for the 

conservation and management of the 

groundfish and halibut fisheries off 

Alaska. The information collected by 

observers contributes to the best 

available scientific information used to 

manage the fisheries under the 

Magnuson-Stevens Act. 

Observers collect biological samples 

and gather information on total catch, 

including bycatch and interactions with 

protected species. Fishery managers use 

data collected by observers to manage 

groundfish catch and bycatch limits 

established in regulation and to inform 

the development of management 

measures that minimize bycatch and 

reduce fishery interactions with 

protected resources. Scientists use 

observer-collected data for stock 

assessments and marine ecosystem 

research. 

Bering Sea/Aleutian Islands Pot CP 

Sector 

The BSAI pot CP sector is managed in 

part under the License Limitation 

Program (LLP), which requires an LLP 

license endorsed for the directed fishing 

of groundfish in the BSAI. The LLP was 

recommended by the Council and 

approved and implemented by NMFS to 

address concerns of excess fishing 

capacity. The LLP limits the number, 

size, and specific operation of vessels 

deployed in the groundfish fisheries in 

the Exclusive Economic Zone off Alaska 

(63 FR 52642, October 1, 1998; 

§ 679.4(k)(4)). The BSAI pot CP sector is 

relatively small, with only eight LLP 

licenses that are endorsed to allow CPs 

to fish for Pacific cod with pot gear in 

the Bering Sea (BS) or Aleutian Islands 

(AI), and only six of which were 

actively used to fish in 2022. 

The BSAI pot CP sector targets 

primarily Pacific cod using pot gear 

with single lines. Each vessel is 

currently required to deploy a certified 

observer to monitor their fishing 

activity. Pacific cod seasons in the BSAI 

are often short, lasting approximately 1 

to 2 weeks during the A season 

(beginning January 1) and the B season 

(beginning September 1) in recent years. 

The fast pace of fishing with pot gear, 

high sampling workload, and the need 

for close communication between the 

captain and observer make the BSAI pot 

CP sector one of the most difficult 

fisheries for the Observer Program to 

sample. This sector is separate from CPs 

using pot gear to target groundfish in the 

Community Development Quota (CDQ) 

Program (63 FR 30381, June 4, 1998), 

and this action does not change any 

aspect of the CDQ regulations (§ 679.32). 

The CDQ Program allocates a percentage 

of BSAI quota for groundfish, prohibited 

species, halibut, and crab to eligible 

communities. The CDQ program, which 

was established to provide eligible 

western Alaska villages with the 

opportunity to participate and invest in 

BSAI fisheries and to support the 

economic development of local 

economies in western Alaska, already 


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requires the same or stricter provisions 

as those set forth in this action for the 

non-CDQ pot CP sector. 

This Final Rule 

This action requires BSAI Pot CP 

Pacific Cod directed fishery participants 

to carry at least one Level 2 observer at 

all times, requires participants to 

comply with pre-cruise meeting 

notifications, and requires certification 

and testing standards for participants 

choosing any of the following voluntary 

monitoring options: providing observer 

sampling stations, installing motioncompensated platform and flow scales, 

and carrying additional observers. The 

three voluntary monitoring options for 

pot CP vessels included in this final rule 

establish regulations necessary to ensure 

the proper testing and maintenance of 

the equipment voluntarily installed by 

vessels to further improve the precision 

of observer data. 

This final rule restructures subpart I 

and subpart K of 50 CFR part 679 to 

combine three sets of regulations under 

a single subpart, as follows: (1) existing 

regulations for longline CPs; (2) this 

action’s regulations for pot CPs; and (3) 

existing regulations for CPs and 

motherships participating in the halibut 

deck sorting program. This restructuring 

makes no substantive changes to the 

regulatory requirements for longline CPs 

or the halibut deck sorting program but 

is necessary to streamline similar 

monitoring regulations for CPs and 

motherships, and thus provide the 

public easier access to the regulations. 

This final rule revises subpart I, which 

currently applies only to equipment and 

operational requirements for the 

longline CP subsector, so that subpart I 

will also apply to the equipment and 

operational requirements for pot CPs 

and for (non-pot) CPs and motherships 

participating in the halibut deck sorting 

program. This final rule changes the 

title of § 679.100 (from the current title, 

‘‘Applicability’’) to ‘‘Longline Catcher/ 

Processor Subsector,’’ changes the title 

of subpart I (from the current title of 

‘‘Equipment and Operational 

Requirements for the Longline Catcher/ 

Processor Subsector’’) to ‘‘Additional 

Equipment and Operational 

Requirements for Motherships and 

Catcher/Processors,’’ and changes all 

references to existing subpart I to new 

§ 679.100. The regulations for the 

halibut deck sorting program, which are 

currently found at § 679.120 (titled 

‘‘Halibut deck sorting’’) in subpart K 

(similarly entitled ‘‘Halibut Deck 

Sorting’’), are moved to subpart I and 

redesignated as § 679.102, with no other 

changes. As described further below, 

revised subpart I also includes new 

§ 679.101, which contains the new pot 

CP monitoring requirements and is 

entitled, ‘‘Catcher/processors using pot 

gear for groundfish fishing.’’ In 

conclusion, these changes are intended 

to streamline and provide the public 

easier access to the regulations by 

placing similar monitoring regulations 

for CPs and motherships together in the 

same subpart rather than dispersed 

among other subparts where they are 

harder to locate. 

This final rule includes three new 

monitoring regulatory elements for the 

BSAI pot CP sector. The first element 

adds paragraph (H) in § 679.51(a)(2)(vi) 

to require a minimum of one Level 2 

observer on board a CP vessel using pot 

gear subject to § 679.101(a) at all times. 

These changes are intended to reduce 

the likelihood of fisheries data loss by 

ensuring experienced observers are 

deployed on board pot CP vessels. In 

addition, paragraph § 679.53(a)(5)(iv) 

(which states when a Level 2 

endorsement is required) is revised to 

add a reference to the new 

§ 679.51(a)(2)(vi)(H) requirement. 

The second element of this final rule 

adds paragraph (a) in new § 679.101 to 

define the applicability of regulations at 

§ 679.101 to the owner and operator of 

a vessel named on an LLP license with 

a Pacific cod CP pot gear endorsement 

in the Bering Sea, Aleutian Islands, or 

both. In addition, this final rule adds 

paragraph (b) in § 679.101 to require 

that vessels provide pre-cruise 

notification at least 24 hours prior to 

departure when the vessel will be 

carrying an observer who has not been 

deployed on that vessel within the last 

12 months. In addition, when a precruise meeting is requested by NMFS, 

the meeting must include the vessel 

operator or manager and the observers 

assigned to that vessel. These changes 

are intended to reduce the likelihood of 

data loss by ensuring effective 

communication and collaboration 

between the observer(s) and the captain 

and crew. 

The third element of this final rule 

adds paragraph (c) in § 679.101 to 

include three additional voluntary 

monitoring options for pot CPs. The 

owner or operator of a vessel subject to 

this section may choose any, all, or none 

of these voluntary monitoring options: 

(1) providing a certified observer 

sampling station with a NMFS-approved 

motion-compensated platform (MCP) 

scale for observer use; (2) installing a 

motion-compensated, NMFS-approved 

scale to measure the total catch of 

Pacific cod, in conjunction with an MCP 

scale for testing, electronic logbook, and 

video monitoring; and (3) carrying 

additional observers on board. Each of 

these options is explained in further 

detail in the following sections. 

Observer Sampling Station Option 

The vessel operators have the option 

to choose to install an observer 

sampling station in accordance with the 

specifications and requirements in 

§ 679.28(d), including a working area of 

4.5 square meters, a worktable, and a 

MCP scale, all in proximity to where the 

observer can see gear retrieved and 

obtain fish samples (see Section 2.2.3.1 

of the Analysis). An observer sampling 

station provides an organized 

workspace and higher precision 

equipment for observer use that 

improves observer data collection; 

however, installation of an observer 

sampling station can be costly. Section 

679.101(c)(1) of this final rule applies if 

a vessel operator chooses to install an 

observer sampling station. 

At-Sea Catch Weighing Option 

This final rule adds regulations at 

§ 679.101 to authorize use of a motioncompensated, NMFS-approved total 

weight scale, such as a flow or hopper 

scale, to measure total catch of Pacific 

cod, in conjunction with an MCP scale 

for testing, electronic logbook, and 

video monitoring (see Section 2.2.3.2 of 

Analysis). Use of a NMFS-approved 

scale to measure total catch of Pacific 

cod simplifies observer data collection 

of Pacific cod total haul weights on pot 

CP vessels and improves precision of 

catch estimates. Installation of a NMFSapproved scale can be costly. To ensure 

catch monitoring is effective if a CP 

vessel uses such a scale, this final rule 

includes regulations that apply if a 

vessel operator chooses to install this 

NMFS-approved MCP scale. With 

proper maintenance and testing, these 

types of haul-level measurements 

eliminate the uncertainty involved in 

estimating total catch using a 

randomized sample approach by 

providing a total weight of all retained 

catch. 

If vessel operators choose to acquire 

such scales, they are required to 

maintain them in accordance with the 

scale requirements at § 679.28(b) to 

ensure data quality. These requirements 

include an initial inspection, followed 

by annual re-inspections by a NMFSstaff scale inspector. Additionally, daily 

testing by the vessel operator in the 

presence of an observer is required for 

each calendar day the scale is used at 

sea. In this testing, scales must perform 

within three percent of test weights 

using a NMFS-approved and certified 

MCP scale. More information about this 

testing can be found under the 

discussion of option 1 of element 3 in 


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the Analysis. Finally, vessel operators 

choosing this option are required to 

record test results through an electronic 

logbook and use video to monitor the 

flow of catch and ensure no scale 

tampering has occurred; these recording 

and monitoring requirements are similar 

to those imposed on the BSAI Pacific 

cod hook-and-line fishery (79 FR 68610, 

November 18, 2014). This option can be 

selected by obtaining a Scale Inspection 

Report as detailed in § 679.28(b)(2)(vii), 

and, if selected, the option remains in 

place for the 12-month duration 

approved in the Scale Inspection 

Report. 

Additional Observer Option 

This final rule adds language in 

paragraph (c) of § 679.101 and in 

§ 679.51(a)(2)(vi) to authorize a vessel to 

choose to carry one or more additional 

observers. Any observer in addition to 

the required Level 2 observer is not 

required to have observer certification 

endorsements in addition to the 

observer certification training 

endorsement specified at 

§ 679.53(a)(5)(i). Carrying an additional 

observer could reduce the likelihood of 

data loss. The addition of observers may 

reduce observer workload and could 

allow observers to support and advise 

each other about their collection duties, 

and, therefore, potentially could lead to 

fewer data collection errors and an 

increase in the number of samples 

conducted. This option is already 

available under existing monitoring 

provisions (§ 679.51) that allow a vessel 

to choose to contract with an observer 

provider to carry more than one 

observer. This final rule adds provisions 

that expressly authorize and apply to 

the practice of voluntarily adding 

observers to increase the number of total 

hauls that are randomly sampled. If a 

vessel operator chooses this option, one 

observer is required to meet the Level 2 

endorsement requirement in this final 

rule. 

Changes From Proposed to Final Rule 

This final rule includes minor 

technical and organizational changes to 

account for the Pacific Cod Trawl 

Cooperative (PCTC) final rule (88 FR 

53704, August 8, 2023). The PCTC final 

rule implemented Amendment 122 to 

the BSAI FMP. Amendment 122 

established the Pacific Cod Trawl 

Cooperative Program, a limited access 

privilege program to harvest Pacific cod 

in the BSAI trawl catcher vessel sector. 

Among numerous other regulatory 

changes, the PCTC final rule modified 

679.51(a)(2)(vi) by adding paragraph (G) 

and defined the ‘‘NMFS Alaska Region 

website’’ at § 679.2. The PCTC final rule 

was published after the proposed rule 

for this action. The paragraph that 

appeared as § 679.51(a)(2)(vi)(G) in the 

proposed rule is included in this final 

rule as § 679.51(a)(2)(vi)(H). Technical 

changes have been made to the rule in 

§§ 679.51 and 679.100 to remove the 

URL for ‘‘NMFS Alaska Region 

website.’’ Technical changes were also 

made to 679.101(c)(3)(i)(A) through (C) 

to clearly show that all three of the 

paragraphs are part of an additive list of 

requirements. 

Comments and Responses 

NMFS received one comment letter in 

support of the action during the 

comment period. The comment letter 

was from a fishing company that 

operates a vessel impacted by this 

action and the letter contained one 

substantive comment that is 

summarized and responded to below. 

Comment 1: This action is needed to 

address known catch accounting issues 

in the fishery; we strongly support these 

changes. 

Response 1: NMFS acknowledges the 

comment. 

Classification 

Pursuant to section 304(b)(3) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator (AA) has 

determined that this final rule is 

consistent with Amendment 122 to the 

BSAI FMP, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law. 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866. 

A Regulatory Impact Review (RIR or 

Analysis) was prepared to assess the 

costs and benefits of available regulatory 

alternatives. A copy of this Analysis is 

available from NMFS (see ADDRESSES). 

NMFS implements this final rule based 

on those measures that maximize net 

benefits to the Nation. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

Collection-of-Information Requirements 

This final rule contains collection-ofinformation requirements subject to 

review and approval by the Office of 

Management and Budget (OMB) Under 

the Paperwork Reduction Act (PRA). 

This final rule revises existing 

collection-of-information requirements 

for OMB Control Number 0648–0318 

(North Pacific Observer Program), and 

revises and extends for 3 years existing 

collection-of-information requirements 

for OMB Control Numbers 0648–0330 

(NMFS Alaska Region Scale and Catch 

Weighing Requirements) and 0648–0515 

(Alaska Interagency Electronic 

Reporting System). However, because 

the collection of information authorized 

by 0648–0318 is concurrently being 

revised by a separate action, the revision 

to that collection of information for this 

final rule will be assigned a temporary 

control number, 0648–0815, that will 

later be merged into 0648–0318. The 

public reporting burden estimates for 

the collection-of-information 

requirements provided below include 

the time for reviewing instructions, 

searching existing data sources, 

gathering and maintaining the data 

needed, and completing and reviewing 

the collection of information. 

OMB Control Number 0648–0815 

This final rule revises the collection 

of information under OMB Control 

Number 0648–0318, associated with the 

North Pacific Observer Program. Due to 

a concurrent action for this collection, 

the collection-of-information 

requirements will be assigned a 

temporary control number, 0648–0815, 

that will later be merged into OMB 

Control Number 0648–0318. This final 

rule requires that the North Pacific 

Observer Program be notified by phone 

at least 24 hours prior to departure 

when a vessel will carry an observer 

who has not deployed on that vessel in 

the past 12 months. The public 

reporting burden per notification to the 

North Pacific Observer Program by 

phone is estimated to be 5 minutes. 

OMB Control Number 0648–0330 

NMFS revises and extends by 3 years 

the existing requirements for OMB 

Control Number 0648–0330. This 

collection contains catch weighing and 

monitoring requirements for catch share 

programs in the BSAI and Gulf of 

Alaska. This collection is revised to 

include two of the voluntary monitoring 

options for BSAI pot CPs: the option to 

provide a certified observer sampling 

station with a NMFS-approved MCP 

scale for observer use; and the option to 

install a motion-compensated, NMFSapproved scale to measure the total 

catch of Pacific cod, in conjunction with 

an MCP scale for testing and video 

monitoring. This final rule requires 

testing and inspections of the observer 


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sampling station and NMFS-approved 

scales. This final rule does not change 

the public reporting burdens for the 

collection-of-information requirements 

under this control number. The public 

reporting burden per individual 

response is estimated to average 10 

minutes for the inspection request form 

for observer sampling stations, at-sea 

scales, and video monitoring systems; 1 

minute for maintenance of observer 

sampling stations; 1 minute each for 

maintenance for hopper and flow scales; 

2 minutes for observer notification of 

daily scale tests; 10 minutes each for the 

recording of daily flow scale tests and 

recording of daily hopper scale tests; 1 

minute each for printed reports of catch 

and cumulative weight, the audit trail, 

the calibration log, and the fault log; 12 

hours for installation of the video 

monitoring system; 1 minute for 

maintenance of the video monitoring 

system; 2 hours to submit the video 

monitoring data; 10 minutes for 

notification of the Pacific cod 

monitoring option; 40 hours for the 

catch monitoring and control plan; and 

16 hours for the crab monitoring plan. 

OMB Control Number 0648–0515 

NMFS revises and extends by 3 years 

the existing requirements for OMB 

Control Number 0648–0515. This 

collection contains the landing reports, 

production reports, and logbooks 

submitted through the Alaska 

Interagency Electronic Reporting 

System, which provides the Alaska 

fishing industry with a consolidated, 

electronic means of reporting 

commercial fish and shellfish 

information to multiple management 

agencies through a single reporting 

system. This collection is being revised 

because one of the voluntary monitoring 

options requires use of an electronic 

logbook. This final rule does not change 

the public reporting burdens for the 

collection-of-information requirements 

under this control number. The public 

reporting burden per individual 

response is estimated to average 15 

minutes for the electronic logbooks, 15 

minutes to register for eLandings, 10 

minutes for the shoreside processor 

production report, 20 minutes for the atsea production report, 10 minutes for 

the mothership landing report, 20 

minutes for the out-of-state landing 

report, 30 minutes each for the 

shoreside processors landing report and 

the CP landing report, 35 minutes for 

the tender landing report, and 1 hour 

each for the registered buyer landing 

report for individual fishing quota 

(IFQ)/community development quota 

(CDQ) and the registered crab receiver 

landing report for IFQ/CDQ. 

Public Comment on Collection-ofInformation Requirements 

We invite the general public and other 

Federal agencies to comment on 

proposed and continuing information 

collections, which helps us assess the 

impact of our information collection 

requirements and minimize the public’s 

reporting burden. Written comments 

and recommendations for this 

information collection should be 

submitted at the following website: 

https://www.reginfo.gov/public/do/ 

PRAMain. Find the particular 

information collection by selecting 

‘‘Currently under Review’’ or by using 

the search function and entering the 

title of the collection. 

Notwithstanding any other provision 

of law, no person is required to respond 

to, and no person shall be subject to 

penalty for failure to comply with, a 

collection of information subject to the 

requirements of the PRA, unless that 

collection of information displays a 

currently valid OMB control number. 

List of Subjects in 50 CFR Part 679 

Alaska, Fisheries, Reporting and 

recordkeeping requirements. 

Date: October 31, 2023. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS amends 50 CFR part 

679 as follows: 

PART 679—FISHERIES OF THE 

EXCLUSIVE ECONOMIC ZONE OFF 

ALASKA 

■ 1. The authority citation for 50 CFR 

part 679 continues to read as follows: 

Authority: 16 U.S.C. 773 et seq.; 1801 et 

seq.; 3631 et seq.; Pub. L. 108–447; Pub. L. 

111–281. 

§§ 679.2, 679.7, 679.28, 679.32, 679.51, 

679.63, 679.84, 679.93 [Amended] 

■ 2. In 50 CFR part 679, remove the 

reference ‘‘§ 679.120’’ and add, in its 

place, the reference ‘‘§ 679.102’’ in the 

following places: 

(a) § 679.2; 

(b) § 679.7(e)(1), (2), (3), and (10), and 

(m)(4)(iv); 

(c) § 679.28(d)(9), (d)(10)(iii)(A), and 

(l); 

(d) § 679.32(c)(3)(i)(C)(4); 

(e) § 679.51(a)(2)(vi)(F); 

(f) § 679.63(a)(1); 

(g) § 679.84(c)(1); and 

(h) § 679.93(c)(1). 

■ 3. In § 679.51, add paragraph 

(a)(2)(vi)(H) to read as follows: 

§ 679.51 Observer and Electronic 

Monitoring System requirements for 

vessels and plants. 

(a) * * * 

(2) * * * 

(vi) * * * 

(H) Catcher/processors using pot gear 

for groundfish fishing. A catcher/ 

processor subject to § 679.101(a) must 

comply with the following observer 

coverage requirements: 

(1) Observer coverage. A catcher/ 

processor must have aboard at least one 

Level 2 observer, as defined in 

§ 679.53(a)(5)(iv). 

(2) Increased observer coverage 

option. A catcher/processor may carry 

more than one observer. A vessel 

choosing this option must have aboard 

at least one Level 2 observer as 

described in paragraph (a)(2)(vi)(H)(1) of 

this section. 

* * * * * 

§ 679.53 [Amended] 

■ 4. In § 679.53, amend paragraph 

(a)(5)(iv) introductory text by removing 

the phrase ‘‘§ 679.51(a)(2)(vi)(A) through 

(E)’’ and add, in its place, 

‘‘§ 679.51(a)(2)(vi)(A) through (H).’’ 

■ 5. Revise the heading of subpart I to 

read as follows: 

Subpart I—Additional Equipment and 

Operational Requirements for 

Motherships and Catcher/Processors 

■ 6. Amend § 679.100 by revising the 

section heading of § 679.100, the 

introductory text, paragraph (a), and 

paragraph (b) introductory text to read 

as follows: 

§ 679.100 Longline Catcher/Processor 

Subsector. 

The owner and operator of a vessel 

named on an LLP license with a Pacific 

cod catcher/processor hook-and-line 

endorsement for the Bering Sea, 

Aleutian Islands or both the Bering Sea 

and Aleutian Islands subareas (BSAI) 

must comply with the requirements of 

this section. 

(a) Opt out selection. Each year, the 

owner of a vessel subject to this section 

who does not intend to directed fish for 

Pacific cod in the BSAI or conduct 

groundfish CDQ fishing at any time 

during a year may, by November 1st of 

the year prior to fishing, submit to 

NMFS a completed notification form to 

opt out of directed fishing for Pacific 

cod in the BSAI and groundfish CDQ 

fishing in the upcoming year. The 

notification form is available on the 

NMFS Alaska Region website. Once the 

vessel owner has selected to opt out, the 

owner must ensure that the vessel is not 

used as a catcher/processor to conduct 


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directed fishing for Pacific cod with 

hook-and-line gear in the BSAI or to 

conduct groundfish CDQ fishing during 

the specified year. 

(b) Monitoring option selection. The 

owner of a vessel subject to this section 

that does not opt out under paragraph 

(a) of this section must submit a 

completed notification form for one of 

two monitoring options to NMFS. The 

notification form is available on the 

NMFS Alaska Region website. The 

vessel owner must comply with the 

selected monitoring option at all times 

when the vessel is operating in either 

the BSAI or GOA groundfish fisheries 

when directed fishing for Pacific cod is 

open in the BSAI, or while the vessel is 

groundfish CDQ fishing. If NMFS does 

not receive a notification to opt out or 

a notification for one of the two 

monitoring options, NMFS will assign 

that vessel to the increased observer 

coverage option under paragraph (b)(1) 

of this section until the notification 

form has been received by NMFS. 

* * * * * 

■ 7. In subpart I, add § 679.101 to read 

as follows: 

§ 679.101 Catcher/processors using pot 

gear for groundfish fishing. 

(a) Applicability. The owner and 

operator of a vessel named on an LLP 

license with a Pacific cod catcher/ 

processor pot gear endorsement for the 

Bering Sea, Aleutian Islands or both the 

Bering Sea and Aleutian Islands 

subareas (BSAI) must comply with the 

requirements of this section when using 

pot gear for groundfish fishing as a 

catcher/processor in the Bering Sea or 

Aleutian Islands. 

(b) Pre-cruise meeting. The Observer 

Program must be notified by phone at 1 

(907) 581–2060 (Dutch Harbor, AK) or 1 

(907) 481–1770 (Kodiak, AK) at least 24 

hours prior to departure when the vessel 

will be carrying an observer who has not 

previously been deployed on that vessel 

within the last 12 months. Subsequent 

to the vessel’s departure notification, 

but prior to departure, NMFS may 

contact the vessel to arrange for a precruise meeting. If requested by NMFS, 

the pre-cruise meeting must minimally 

include the vessel operator or manager 

and any observers assigned to the 

vessel. 

(c) Additional monitoring options. 

The owner or operator of a vessel 

subject to this section may choose any, 

all, or none of the following monitoring 

options described in paragraphs (c)(1) 

through (c)(3) of this section. Should an 

owner or operator choose any of these 

monitoring options, the owner and 

operator must comply with the 

applicable requirements described in 

paragraphs (c)(1) through (c)(3) of this 

section. 

(1) Observer sampling station option. 

Under this option, an observer sampling 

station meeting the requirements at 

§ 679.28(d), unless otherwise approved 

by NMFS, must be provided for observer 

use. This option is selected by obtaining 

an Observer Sampling Station 

Inspection Report as detailed in 

§ 679.28(d)(10)(iii) and will remain in 

place for the 12-month duration 

approved in the Observer Sampling 

Station Inspection Report. 

(2) Increased observer coverage 

option. Under this option, if two 

observers are aboard the vessel meeting 

the requirements at 

§ 679.51(a)(2)(vi)(H)(2), at least one of 

the observers must be endorsed as a 

Level 2 observer in accordance with 

§ 679.53(a)(5)(iv). 

(3) NMFS-approved total catch 

weighing scales option. Under this 

option, a vessel owner and operator may 

install a NMFS-approved scale for 

weighing total catch of Pacific cod. This 

option is selected by obtaining a Scale 

Inspection Report as detailed in 

§ 679.28(b)(2)(vii) and will remain in 

place for the 12-month duration 

approved in the Scale Inspection 

Report. Under this option— 

(i) A vessel owner and operator with 

an approved Scale Inspection Report 

must ensure that— 

(A) All Pacific cod brought on board 

the vessel is weighed on a NMFSapproved scale in compliance with the 

scale requirements at § 679.28(b), and 

that each set is weighed and recorded 

separately; 

(B) The vessel is in compliance with 

the video monitoring requirements 

described at § 679.28(k); and 

(C) The vessel is in compliance with 

the requirements for electronic logbooks 

at § 679.5(f) at all times during that year. 

(ii) [Reserved] 

§ 679.120 [Redesignated as § 679.102] 

■ 8. Redesignate § 679.120 of subpart K 

as § 679.102 of subpart I. 

Subpart K [Reserved] 

■ 9. Reserve subpart K. 

[FR Doc. 2023–24377 Filed 11–8–23; 8:45 am] 

BILLING CODE 3510–22–P 


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