81354 Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 231115–0269] 

RIN 0648–BM29 

Fisheries Off West Coast States; West 

Coast Groundfish Electronic 

Monitoring Program; Service Provider 

Revisions 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule revises 

regulations governing the use of 

electronic monitoring (EM) in the 

Pacific Coast groundfish trawl fishery. 

This rulemaking modifies deadlines in 

Federal regulations for EM service 

providers to process EM data and 

submit vessel logbooks to NMFS. This 

action is intended to support the 

overarching goal of continually 

monitoring the Groundfish Trawl 

Rationalization Program for compliance 

with existing regulations in an 

economical and flexible manner while 

meeting the goals and objectives of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; MSA), the 

Pacific Coast Groundfish Fishery 

Management Plan, and other applicable 

laws. This rulemaking also makes minor 

administrative changes to EM and other 

groundfish regulations to clarify the 

regulations, correct terminology, correct 

web addresses, and remove obsolete 

administrative requirements. Some 

aspects of this action remove 

duplicative requirements for mail 

notifications or mail-based recordkeeping and reporting, which are also 

undertaken electronically. During the 

COVID–19 pandemic, many 

administrative notifications and 

reporting requirements were moved to 

electronic methods; this action revises 

the regulations to be consistent with 

current practice. 

DATES: Effective December 22, 2023. 

ADDRESSES: This rule is accessible via 

the Office of the Federal Register 

website at https://

www.federalregister.gov/. Background 

information and analytical documents 

(Analysis) are available at the NMFS 

West Coast Region website at https://

www.fisheries.noaa.gov/region/westcoast and at the Pacific Fishery 

Management Council’s website at 

https://www.pcouncil.org. 

Electronic Access 

This final rule is accessible at the 

Office of the Federal Register website at 

https://www.federalregister.gov. 

Background information and analytical 

documents (Analysis) are available at 

the NMFS West Coast Region website at: 

https://www.fisheries.noaa.gov/region/ 

west-coast-groundfish.html and at the 

Pacific Fishery Management Council’s 

website at https://www.pcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Hooper, phone: 206–526–4357, 

or email: melissa.hooper@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for Action 

NMFS and the Pacific Fishery 

Management Council (Council) manage 

the groundfish fisheries in the exclusive 

economic zone seaward of California, 

Oregon, and Washington under the 

Pacific Coast Groundfish Fishery 

Management Plan (FMP). The Council 

prepared the FMP under the authority of 

the MSA (16 U.S.C. 1801 et seq.). 

Regulations governing U.S. fisheries and 

implementing the FMP appear at 50 

CFR part 660. 

Background 

This action revises regulations 

governing the Pacific Coast groundfish 

trawl fishery. The groundfish trawl 

fishery is managed under a catch share 

program called the Trawl 

Rationalization Program, which was 

implemented through Amendment 20 to 

the FMP in January 2011. The Program 

consists of an individual fishing quota 

(IFQ) program for the shorebased trawl 

fleet (including whiting and nonwhiting sectors), and cooperatives for 

the at-sea mothership (MS) and catcher/ 

processor (C/P) trawl fleets (whiting 

only). As part of the Program, 

Amendment 20 implemented 

requirements for 100 percent monitoring 

at-sea and dockside in order to ensure 

accountability for all landings and 

discards of allocated species. Catcher 

processors and motherships are required 

to carry two observers at all times, 

depending on the length of the vessel, 

and catcher vessels are required to carry 

one observer, including while in port 

until all fish are offloaded. In addition, 

first receivers, which are processors that 

are licensed to receive IFQ landings, are 

required to have catch monitors to 

monitor 100 percent of IFQ offloads. 

Vessel owners and first receivers are 

responsible for obtaining and funding 

catch share observers and catch 

monitors as a necessary condition of 

their participation in the program. 

Amendment 20 also authorized the 

use of EM as an alternative to human 

observers to meet the at-sea monitoring 

requirement, but deferred to a future 

regulatory amendment to specify the 

details of any EM program. EM uses 

cameras and associated sensors to 

passively record and monitor fishing 

activities. The video can be reviewed by 

an analyst onshore at a later time to 

collect catch and effort information. EM 

has the potential to reduce monitoring 

costs because it does not require 

deploying a person on the vessel and 

the logistical and travel expenses that 

generates. Note that the proposed rule 

for this action (88 FR 48180; July 26, 

2023) stated that Amendment 18 to the 

FMP authorized the use of EM in the 

groundfish fishery. While Amendment 

18 did authorize the use of EM in 

general in the fishery, Amendment 20 

created the requirement for 100 percent 

coverage in the trawl fishery and 

authorized the use of EM to meet that 

specific requirement, which is being 

modified by this final rule. 

The Council developed and 

implemented an EM program for 

shorebased whiting, bottom trawl, and 

fixed gear vessels, and at-sea whiting 

catcher vessels in the Trawl Program 

through two regulatory amendments in 

2019 (84 FR 31146; June 28, 2019) and 

2022 (87 FR 59705; October 3, 2022). 

Two additional rulemakings in 2020 (85 

FR 74613; November 23, 2020) and 2021 

(86 FR 55525; October 6, 2021) delayed 

the beginning of the EM program to 

provide time to refine its requirements 

and prepare for implementation. Vessels 

will be able to use EM under the 

regulatory program in place of observers 

beginning January 1, 2024. A more 

detailed discussion of the development 

of the EM program, including the use of 

exempted fishing permits (EFPs) in an 

experimental fishery, is described in the 

proposed rule for this action and in the 

prior regulatory amendments and is not 

repeated here. 

In preparation for the January 1 start 

of the program, the Council developed 

modifications to reporting deadlines 

and clarifications to the regulations for 

EM service providers to improve the 

efficiency and cost effectiveness of the 

program, which were published in a 

proposed rule July 26, 2023 (88 FR 

48180). Further details on the 

development of this action can be found 

in the proposed rule and are not 

repeated here. Public comments were 

accepted on the proposed rule from July 

26 through August 25, 2023. No public 

comments were received. 

Through this final rule, NMFS is 

approving and implementing the 

Council’s proposed revisions to the EM 


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Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Rules and Regulations 81355 

regulations. NMFS has determined that 

the regulations are consistent with the 

goals and objectives of the Pacific Coast 

Groundfish FMP and the requirements 

of the MSA and other applicable law. 

This determination is based on NMFS’ 

review of the administrative record, 

including the Council’s record. After 

considering the required statutory 

factors and the goals and objectives of 

the Pacific Coast Groundfish FMP, 

NMFS has determined that the 

Council’s recommended measures 

further the EM program’s goals and 

objectives to provide for an alternative 

method of meeting the monitoring 

requirements of the Trawl 

Rationalization Program that reduces 

the costs and operational burden of 

these requirements, while ensuring the 

best scientific information available for 

conservation and management. Through 

this rule, NMFS is also approving some 

minor clarifications to other groundfish 

regulations. 

Final Measures 

This section summarizes the measures 

contained in this final rule. To 

implement these measures NMFS 

revises the regulations in §§ 660.18, 

660.25, 660.60, 660.140, 660.150, 

660.160, and 660.603 to improve the 

effectiveness of the groundfish EM 

program and to correct and clarify other 

groundfish regulations. 

1. EM Program Revisions 

Discard Logbook Processing Deadline 

Through this final rule, NMFS is 

extending the deadline for EM service 

providers to process and submit logbook 

data to NMFS from 2 business days to 

7 business days (§ 660.603(m)(5)). In the 

EM program, vessel operators will 

record discards in their logbooks that 

will be used to debit discards of IFQ 

species from their vessel accounts. 

Vessel operators are required to submit 

copies of their logbooks to their 

contracted EM service provider within 

24 hours of the end of an EM trip. EM 

service providers must then enter, 

quality check, and submit data from the 

logbooks to NMFS. NMFS uses the 

logbook data to initially debit the 

vessel’s account for discards of IFQ 

species. Once video from the trip is 

reviewed, the logbook discard estimates 

may be replaced in the vessel’s account 

with an EM discard estimate if the 

difference between the two estimates 

falls outside established performance 

standards. 

The 2-day deadline implemented in 

the original 2019 EM rule was based on 

logbook processing timelines achieved 

in the experimental EM fishery, which 

has been ongoing since 2015. Since that 

time, however, increased participation 

in the EFP has increased the volume of 

logbooks that must be processed and 

contributed to an increase in processing 

times. During the busiest times of the 

year, the EFP’s video review provider, 

the Pacific States Marine Fisheries 

Commission (PSMFC), has reported that 

it can take up to 7 days after a trip to 

process the logbook. As EM 

participation levels are expected to 

remain constant or even grow in 2024 

and beyond, the Council became 

concerned that the 2-day processing 

deadline was unrealistic for EM service 

providers to meet during the busiest 

times of the year. An EM service 

provider could hire additional staff to 

ensure it could handle the increased 

workload, but that would likely increase 

the costs of the EM program and could 

make it a less cost-effective alternative 

to observers, inconsistent with the goals 

of the EM program as stated in the 

original EM regulatory amendment (84 

FR 31146). Therefore, the Council 

recommended, and NMFS approves, 

extending the deadline for EM service 

providers to process logbooks after an 

EM trip, to provide operational 

flexibility to EM service providers and 

to improve the cost effectiveness of the 

EM program, consistent with the goals 

of the EM program and the Pacific Coast 

Groundfish FMP. Extending the logbook 

processing deadline also furthers the 

objectives of the EM program to reduce 

the logistical burden and adverse 

economic impacts of the 100 percent atsea monitoring requirements on these 

vessels and their communities, 

consistent with National Standard 8 of 

the MSA. 

Extending the logbook processing 

deadline would delay the time for vessel 

accounts to be updated with initial 

discard estimates from 3 days after a trip 

(1 day for the EM provider to receive the 

logbook and 2 days to process it) to 8 

days after a trip (1 day to receive the 

logbook and 7 days to process it), which 

could increase the risk of a vessel going 

into deficit if it continues fishing 

without accurate balances for IFQ quota 

pounds. However, vessel operators 

would retain copies of their logbooks 

that they could use to monitor their IFQ 

balances until accounts are updated 

with the logbook data. A processing 

timeline of approximately 1 week is also 

consistent with the timeline that human 

observer discard data posts to vessel 

accounts. Therefore, extending the 

logbook processing deadline maintains 

sufficient timeliness of information on 

discards of IFQ species for management 

decisions, while minimizing the costs of 

data collection requirements, consistent 

with National Standards 2 and 7 of the 

MSA. 

EM Data Processing Deadlines 

Through this final rule, NMFS is 

extending the deadline for EM service 

providers to process EM data and 

submit reports to vessel operators and 

NMFS from 3 weeks to 60 days after 

receipt of the hard drive 

(§§ 660.603(m)(4)–(5)). Following an EM 

trip, vessel operators are required to 

submit the hard drive containing the 

video imagery and sensor data to their 

contracted EM service provider for 

processing (generally within 72 hours of 

trip end). The EM service provider is 

responsible for reviewing and quality 

checking the imagery and sensor data 

and reporting its findings to NMFS. 

NMFS uses the summary data reported 

by the EM service provider to validate 

and, where appropriate, replace logbook 

discard estimates in vessel accounts, 

and to monitor compliance by vessel 

operators with the regulations. The EM 

service provider also provides feedback 

to the vessel operator on performance of 

the EM system and the crew from the 

trip based on review of the video. 

As with other EM program 

requirements, the 3-week deadline for 

EM data processing and reporting was 

based on the data processing timelines 

observed in the experimental EM 

fishery. As participation levels have 

increased, processing times have 

increased and raised concerns that EM 

service providers may not be able to 

meet the original 3-week deadline in 

regulation during peak fishing seasons. 

EM service providers could hire 

additional staff to ensure that they could 

meet the 3-week processing deadline 

during peak fishing times, but this 

would likely increase the cost of EM 

and could reduce the cost effectiveness 

of the program as an alternative to 

human observers. Maintaining a yearround staff level that could meet the 3- 

week deadline at peak fishing times 

would also result in an overcapacity of 

reviewers at slower times of year. On 

the other hand, it is not a position that 

can easily be filled on a temporary or 

seasonal basis. Video reviewers require 

specialized training and experience in 

species identification, fishing 

operations, and regulations to interpret 

what they see on video and many EM 

service providers try to recruit former 

fisheries observers to ensure the best 

data quality. In addition, PSMFC noted 

during development of this action that 

they already struggle to recruit qualified 

reviewers in the current competitive 

employment market and seasonal 


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positions would be even less appealing 

to job seekers. 

In light of these concerns, the Council 

considered two alternate deadlines for 

EM data processing of 60 days and 90 

days, based on timelines observed in the 

experimental fishery since 2015 and 

feedback from EM service providers. In 

general, extending the deadline for 

processing and reporting of EM data 

would delay the availability of this 

information to NMFS and vessel 

operators. NMFS relies on reports from 

EM service providers to validate 

logbook-reported discards that were 

used to debit vessel accounts in the 

interim and ensure accurate IFQ 

account balances. Vessel operators in 

turn use updated vessel account 

balances to determine if they have 

sufficient quota pounds to cover 

additional fishing trips. Vessel operators 

are responsible for ensuring they have 

sufficient quota to cover any landings 

and discards of IFQ species and may not 

fish if their account is in deficit. Vessel 

operators may purchase additional 

quota to cover any deficit, including for 

a brief period after the end of the fishing 

year, and resume fishing when their 

account is in good standing, or 

carryover a deficit (up to 10 percent) to 

the following year if they cease fishing. 

Therefore, timely updates of vessel 

account balances are important for 

ensuring that fishermen have the most 

accurate information for their fishing 

operations and to prevent deficits. Less 

timely updates to vessel accounts could 

mean more fishing trips taken on 

provisional information and increased 

risk of unexpected deficits. 

On an individual level, vessel owners 

could mitigate their risk of incurring a 

deficit by keeping a larger balance for 

IFQ species that they are concerned 

about, or by taking more time between 

trips. A vessel owner could weigh the 

trade-off between the likelihood of a 

deficit, the cost of carrying a larger 

balance (in terms of the cost of quota 

that must be purchased or lost revenue 

from a quota sale forgone), the lost 

revenue from postponing a trip to wait 

for EM data to be finalized, and 

determine the best option for their own 

business. A vessel owner could also 

reduce the risk of a surprise deficit by 

ensuring their captain’s logbook discard 

estimates meet the performance 

standards and will not be replaced by 

EM data. A vessel owner could also 

choose not to participate in the EM 

program and instead opt for a human 

observer if they want timelier final 

discard information. Thus, even with an 

extended deadline, vessel operators 

have a suite of options to maximize 

fishing activity while avoiding 

exceeding available quota. 

NMFS and the Council also rely on 

accurate vessel account balances to 

control fishing mortality in the trawl 

fishery to prevent overages of the overall 

trawl sector allocations and Annual 

Catch Limits (ACLs). However, 

extending the EM data processing 

deadline is unlikely to increase the risk 

of an overage for most species because 

most groundfish IFQ species are underattained. The species at greatest risk 

would be those with small allocations or 

high attainment, such as yelloweye 

rockfish or sablefish north of 40°10′N 

latitude, respectively. Vessels try to 

avoid catching species with small 

allocations altogether because of their 

correspondingly small individual 

allocations. Even if one vessel were to 

exceed its individual allocation, it is 

unlikely many other vessels would and 

so uncaught pounds of the species could 

be found elsewhere in the trawl fishery 

or other sectors to cover the overage 

without exceeding the ACL. In addition, 

since the implementation of total 

accountability for all discards in the 

Trawl Program, the trawl fishery has 

become highly selective, with discards 

accounting for a small portion of total 

catch. Therefore, increased variability in 

discard estimates from EM vessels, 

which is an even smaller portion of total 

trawl discards, would be unlikely to 

pose a problem at the sector or ACL 

level. 

NMFS and vessel operators also use 

the feedback from the video review to 

ensure that EM systems are meeting 

performance standards and that vessel 

crews are complying with catch 

handling instructions, EM system care 

responsibilities, and other regulations. 

While hard drives are waiting to be 

reviewed, EM vessels are still taking 

new fishing trips and a delay in review 

of the EM data could mean that 

compliance or performance issues are 

not identified and corrected in a timely 

manner, leading to reduced data quality. 

However, the EM program regulations 

include a number of safeguards to 

reduce the likelihood that an EM system 

malfunction or compliance issue will 

occur or, if it does occur, go undetected 

to the extent that it would substantively 

impact overall data quality. 

For example, most vessels in the EM 

program participated in the 

experimental EM fishery and their 

crews are experienced in the catch 

handling, EM system care 

responsibilities, and other program 

requirements. In addition, all captains 

are required to attend an orientation 

session hosted by NMFS on EM program 

requirements and must undergo a 

briefing with their EM provider’s staff 

on the EM system and proper catch 

handling onboard their vessel before 

obtaining their EM Authorization. 

Vessel operators are also required to run 

a test before each trip to ensure that the 

EM system is working properly and, if 

an issue affecting EM data collection 

(referred to as a ‘‘critical’’ malfunction) 

is identified, may not fish until it is 

resolved. These measures reduce the 

likelihood of a critical malfunction, 

crew error, or other issue occurring that 

will impact data collection and affect 

discard estimates. 

There are other measures in place to 

disincentivize intentional tampering 

with the EM system to hide illegal 

discard events or other compliance 

issues. If a critical malfunction occurs at 

sea, such as the system losing power or 

a critical camera view going out, the 

vessel must stop fishing and attempt to 

resolve the issue. If they cannot resolve 

the issue, they must end their trip and 

return to port. This creates a strong 

incentive to maintain the EM system in 

good working order and against 

intentional tampering, even if there is a 

delay in detection from delayed video 

processing. 

Finally, violation of any of the EM 

program’s requirements, intentional or 

otherwise, could result in monetary 

fines through enforcement action and 

even expulsion from the EM program, 

whether detected 1 month or 3 months 

after the trip. In this way, a participant 

would be unlikely to jeopardize the cost 

savings and other benefits they derive 

from using EM by not complying with 

the EM program requirements even 

under an extended EM data processing 

deadline. 

The Council weighed all these tradeoffs between data timeliness and cost, 

and determined that a 60-day deadline 

for processing and reporting of EM data 

was the right balance between the need 

for timely data for management and cost 

effectiveness of EM. The Council 

considered but rejected a 90-day 

deadline, because it would be too long 

of a delay in availability of data and in 

updating vessel accounts. NMFS 

approves the Council’s recommendation 

for extending the deadline for EM 

service providers to process EM data 

after an EM trip to provide operational 

flexibility to EM service providers and 

to improve the cost effectiveness of the 

EM program, consistent with the goals 

of the EM program, the Pacific Coast 

Groundfish FMP, and the MSA. 

Extending the EM data processing 

deadline also furthers the objectives of 

the EM program to reduce the logistical 

burden and adverse economic impacts 

of the 100-percent at-sea monitoring 


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requirements on these vessels and their 

communities, consistent with National 

Standard 8 of the MSA. As discussed 

above, extending the EM processing 

deadline maintains sufficient timeliness 

of information on discards of IFQ 

species for management decisions, 

while minimizing the costs of data 

collection requirements, consistent with 

National Standards 2 and 7 of the MSA. 

Revise EM Discard Data Method 

Language 

NMFS is clarifying and simplifying 

the current EM regulations by removing 

the paragraph at § 660.603(m)(1) that 

reads: ‘‘The EM service provider must 

process vessels’ EM data and logbooks 

according to a prescribed coverage level 

or sampling scheme, as specified by 

NMFS in consultation with the Council, 

and determine an estimate of discards 

for each trip using standardized 

estimation methods specified by NMFS. 

NMFS will maintain manuals for EM 

and logbook data processing protocols 

on its website.’’ This information is 

already stated in the introductory 

paragraph at § 660.603(m) and at 

§ 660.603(m)(5). The Council 

recommended a change to the language 

at § 660.603(m)(1) because it was 

concerned that the existing language 

implies a requirement for all EM service 

providers to process EM data using the 

same methods and methods prescribed 

by NMFS, which was not the intent of 

the EM program. Rather, the regulations 

establish the responsibilities of the EM 

service provider (to process the EM data 

and report findings to NMFS) and the 

standards they must meet (the purpose 

of the EM program as defined 

§ 660.600(b)), but leave flexibility for 

EM service providers to design different 

methods to conduct the data processing 

and reporting in the way that best suits 

their business. EM service providers 

must detail their methods in their 

permit application which allows NMFS 

to review them and ensure they meet 

the program standards. Paragraphs 

§§ 660.603(m) and 660.603(m)(5) 

accurately reflect this intent. Removing 

paragraph § 660.603(m)(1) prevents any 

confusion with the requirement and has 

no substantive effect on the operation of 

the EM program. Therefore, NMFS has 

approved this administrative change to 

improve the clarity and effectiveness of 

the EM regulations, consistent with the 

Pacific Coast Groundfish FMP and the 

MSA. 

2. Administrative Revisions 

This final rule makes some minor 

administrative, non-substantive 

revisions to the Pacific Coast groundfish 

fishery regulations to correct 

terminology, correct web addresses, and 

remove some obsolete administrative 

requirements. Pursuant to Secretarial 

authority under MSA section 305(d), 

this part of the action is necessary to 

carry out the Pacific Coast Groundfish 

FMP and implementing regulations at 

50 CFR 660. 

NMFS revised the regulations 

throughout part 660 to correct 

misspellings and update web addresses 

and terminology. In many places in the 

regulations governing the Pacific Coast 

groundfish fisheries, the term 

‘cooperative’ is abbreviated to ‘coop’, 

rather than ‘co-op’. This final rule 

corrects the abbreviation throughout 

this Part. This final rule also corrects 

obsolete web addresses and outdated 

references to the NMFS ‘Northwest 

Region’, which, as of 2013, is now the 

West Coast Region. 

NMFS revised the regulations 

governing the limited entry trawl fishery 

at §§ 660.140, 660.150, and 660.160 to 

remove the requirement for NMFS to 

mail paper reminders to fishery 

participants to renew their quota share 

permits, vessel accounts, and first 

receiver site licenses. During the 

COVID–19 global pandemic, NMFS 

transitioned these reminders to an 

electronic format. This final rule revises 

the regulations to be consistent with 

current practice. 

In this final rule, NMFS revised 

regulations §§ 660.18(d)(1), 660.140, 

660.150, and 660.160 governing the 

issuance of various trawl fishery permits 

to remove the requirement for NMFS to 

issue an Initial Agency Determination 

(IAD) for both approvals and 

disapprovals of applications. The 

purpose of an IAD is to notify the 

applicant of the agency’s decision, its 

rationale, and the applicant’s appeal 

rights. Since an applicant has no reason 

to appeal an approval of their 

application, it is unnecessary to issue an 

IAD for a permit approval. Rather, the 

permit itself services as notification of 

the application approval. In addition, 

the permit decisions for which NMFS is 

revising the IAD requirement involve 

little agency discretion that would 

require explanation in an IAD. Unlike 

initial qualification decisions in which 

approval of an application may also 

involve calculation of an allocation that 

an approved applicant may wish to 

dispute, for the permit decisions 

addressed in this rule NMFS must issue 

a permit to any applicant that meets the 

eligibility criteria. Removing the 

requirement for NMFS to issue an IAD 

for approvals of these types of permits 

reduces paperwork for both NMFS and 

the applicants. IADs would still be 

issued for all permit denials. 

Through this final rule, NMFS also 

revised the regulations at § 660.113(c)(4) 

and (d)(4) to remove the requirement for 

MS and C/P cooperatives to submit 

cease-fishing reports to NMFS at the end 

of their fishing seasons. Cease-fishing 

reports were used by NMFS to safely 

reapportion uncaught allocation 

between the MS and C/P sectors to be 

used by the sector still fishing without 

putting the other sector at risk of an 

overage. Amendment 21–4 to the FMP 

(42 FR 68799, December 17, 2019) 

removed the allocations of non-whiting 

groundfish species made as part of 

Amendment 21 to the FMP (75 FR 

60867, October 1, 2010) and instead 

created set-asides for these stocks in the 

at-sea sectors (the MS and C/P 

cooperatives). Without non-whiting 

groundfish allocations, cease-fishing 

reports are obsolete and should have 

been removed with other 

reapportionment procedures by 

Amendment 21–4. This rule corrects 

that error. 

Classification 

NMFS is issuing this rule pursuant to 

section 304(b)(1)(A) and 305(d) of the 

Magnuson-Stevens Act, which provides 

specific authority and procedure for 

implementing this action. See 16 U.S.C. 

1854(b)(1)(A), 1855(d). The majority of 

this rulemaking is promulgated 

pursuant to section 304(b)(1)(A); the 

Council recommended this action at its 

March 2023 meeting. This rulemaking 

also includes minor regulatory changes 

promulgated pursuant to section 305(d). 

This action is necessary to improve 

comprehensibility of the regulations by 

updating and revising outdated 

regulations. 

The NMFS Assistant Administrator 

has determined this final rule is 

consistent with the FMP, other 

provisions of the Magnuson-Stevens 

Act, and other applicable law. 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

This final rule revises existing 

requirements for the collection of 

information approved under the 


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81358 Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Rules and Regulations 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). The proposed rule 

would extend EM service provider 

submission deadlines for: (1) Vessel 

operator feedback: 60 days from the date 

of receipt of EM data for processing 

from the vessel operator; (2) EM 

summary and data compliance reports: 

60 days from the date of receipt of EM 

data for processing from the vessel 

operator; and (3) Logbook data: submit 

logbook data to NMFS within 7 days of 

receipt from vessel operators. 

Extending the submission deadlines is 

not expected to increase the public 

reporting burden for the information 

collection. The current collection of 

information requirements would 

continue to apply under the existing 

OMB Control Number 0648–0785: West 

Coast Region Groundfish Trawl Fishery 

Electronic Monitoring Program. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, and Indian 

Fisheries. 

Dated: November 16, 2023. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS amends 50 CFR part 

660 as follows: 

PART 660—FISHERIES OFF WEST 

COAST STATES 

■ 1. The authority citation for part 660 

continues to read as follows: 

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

773 et seq.; and 16 U.S.C. 7001 et seq. 

■ 2. Amend part 660 by: 

■ a. Removing the word ‘‘coop’’ and 

adding in its place the word ‘‘co-op’’ 

wherever it appears; and 

■ b. Removing the word ‘‘Coop’’ and 

adding in its place the word ‘‘Co-op’’ 

wherever it appears. 

■ 3. Amend § 660.18 by revising 

paragraph (d)(1) to read as follows: 

§ 660.18 Observer and catch monitor 

provider permits and endorsements. 

* * * * * 

(d) * * * 

(1) Initial administrative 

determination. For all complete 

applications, NMFS will issue an IAD if 

it disapproves the application. An 

approved application will result in 

issuance of the permit. If disapproved, 

the IAD will provide the reasons for this 

determination. If the applicant does not 

appeal the IAD within 30 calendar days, 

the IAD becomes the final decision of 

the Regional Administrator acting on 

behalf of the Secretary of Commerce. 

* * * * * 

■ 4. Amend § 660.25 by: 

■ a. Revising paragraph (b)(3)(iv)(C)(2) 

and (b)(4)(ix); and 

■ b. Removing the phrase ‘‘National 

Marine Fisheries Service, Northwest 

Region’’ and adding in its place the 

phrase ‘‘NMFS West Coast Region’’ in 

paragraph (g)(3)(ii). 

The revisions read as follows: 

§ 660.25 Permits. 

* * * * * 

(b) * * * 

(3) * * * 

(iv) * * * 

(C) * * * 

(2) Application and issuance process 

for an ownership limitation exemption. 

The SFD will make the qualifying 

criteria and application instructions 

available online at https://

www.fisheries.noaa.gov/region/westcoast. A vessel owner who believes that 

they may qualify for the ownership 

limitation exemption must submit 

evidence with their application showing 

how their vessel has met the qualifying 

criteria described at paragraph 

(b)(3)(iv)(C)(1) of this section. The vessel 

owner must also submit a Sablefish 

Permit Ownership Limitation 

Exemption Identification of Ownership 

Interest form that includes disclosure of 

percentage of ownership in the vessel 

and disclosure of individual 

shareholders in any entity. Paragraph (i) 

of this section sets out the relevant 

evidentiary standards and burden of 

proof. Applications may be submitted at 

any time to NMFS at: NMFS West Coast 

Region, Sustainable Fisheries Division, 

ATTN: Fisheries Permit Office— 

Sablefish Ownership Limitation 

Exemption, 7600 Sand Point Way NE, 

Seattle, WA 98115. After receipt of a 

complete application, the SFD will issue 

an IAD in writing to the applicant 

determining whether the applicant 

qualifies for the exemption. If an 

applicant chooses to file an appeal of 

the IAD, the applicant must follow the 

appeals process outlined at paragraph 

(g) of this section and, for the timing of 

the appeals, at paragraph (g)(4)(ii) of this 

section. 

* * * * * 

(4) * * * 

(ix) Application forms available. 

Application forms for a change in vessel 

registration, permit owner, or vessel 

owner are available at: NMFS West 

Coast Region, Sustainable Fisheries 

Division, ATTN: Fisheries Permit 

Office, 7600 Sand Point Way NE, 

Seattle, WA 98115; or https://

www.fisheries.noaa.gov/region/westcoast. Contents of the application, and 

required supporting documentation, are 

also specified in the application form. 

Only complete applications will be 

processed. 

* * * * * 

■ 5. Amend § 660.60 by revising 

paragraph (d)(2) to read as follows: 

§ 660.60 Specifications and management 

measures. 

* * * * * 

(d) * * * 

(2) Automatic actions are effective 

when actual notice is sent by NMFS 

identifying the effective time and date. 

Actual notice to fishers and processors 

will be by email, internet (https://

www.fisheries.noaa.gov/region/westcoast), phone, letter, or press release. 

Allocation reapportionments will be 

followed by publication in the Federal 

Register, in which public comment will 

be sought for a reasonable period of time 

thereafter. 

* * * * * 

§ 660.113 [Amended] 

■ 6. Amend § 660.113 by removing and 

reserving paragraphs (c)(4) and (d)(4). 

■ 7. Amend § 660.140 by: 

■ a. Revising paragraphs (d)(2)(iii)(A) 

and (d)(3)(i)(B); 

■ b. Removing ‘‘http://

www.nwr.noaa.gov/Groundfish-Halibut/ 

Groundfish-Permits/index.cfm’’ and 

adding ‘‘https://www.fisheries.noaa.gov/ 

region/west-coast’’ in its place in 

paragraph (d)(8)(v)(B); 

■ c. Removing the phrase ‘‘NMFS, 

Northwest Region’’ and adding in its 

place the phrase ‘‘NMFS West Coast 

Region’’ in paragraph (d)(8)(vii)(B); and 

■ d. Revising paragraphs (e)(2)(ii), 

(e)(3)(i)(B), (f)(3) introductory text, (f)(4), 

and (f)(6)(i). 

The revisions read as follows: 

§ 660.140 Shorebased IFQ Program. 

* * * * * 

(d) * * * 

(2) * * * 

(iii) * * * 

(A) Initial administrative 

determination. For all complete 

applications, NMFS will issue an IAD if 

it disapproves the application. If 

approved, the QS permit serves as the 

IAD. If disapproved, the IAD will 

provide the reasons for this 

determination. If the applicant does not 

appeal the IAD within 30 calendar days, 

the IAD becomes the final decision of 

the Regional Administrator acting on 

behalf of the Secretary of Commerce. 

* * * * * 

(3) * * * 


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(i) * * * 

(B) Notification to renew QS permits 

will be sent by SFD by September 15 

each year to the QS permit owner’s most 

recent email address in the SFD record. 

The QS permit owner shall provide SFD 

with notice of any email address change 

within 15 days of the change. 

* * * * * 

(e) * * * 

(2) * * * 

(ii) Registration. A vessel account 

must be registered with the NMFS SFD 

Permits Office. A vessel account may be 

established at any time during the year. 

An eligible vessel owner must submit a 

request in writing to NMFS to establish 

a vessel account. The request must 

include the vessel name; USCG vessel 

registration number (as given on USCG 

Form 1270) or state registration number, 

if no USCG documentation; all vessel 

owner names (as given on USCG Form 

1270, or on state registration, as 

applicable); and business contact 

information, including: Address, phone 

number, fax number, and email. 

Requests for a vessel account must also 

include the following information: A 

complete economic data collection form 

as required under § 660.113(b), (c) and 

(d), and a complete Trawl Identification 

of Ownership Interest Form as required 

under paragraph (e)(4)(ii) of this section. 

The request for a vessel account will be 

considered incomplete until the 

required information is submitted. Any 

change specified at paragraph (e)(3)(ii) 

of this section, including a change in the 

legal name of the vessel owner(s), will 

require the new owner to register with 

NMFS for a vessel account. A 

participant must have access to a 

computer with internet access and must 

set up online access to their vessel 

account to participate. NMFS will 

provide vessel account owners 

instructions to set up online access to 

their vessel account. NMFS will use the 

vessel account to send messages to 

vessel owners in the Shorebased IFQ 

Program; it is important for vessel 

owners to monitor their online vessel 

account and all associated messages. 

* * * * * 

(3) * * * 

(i) * * * 

(B) Notification to renew vessel 

accounts will be issued by SFD by 

September 15 each year to the vessel 

account owner’s most recent email 

address in the SFD record. The vessel 

account owner shall provide SFD with 

notice of any email address change 

within 15 days of the change. 

* * * * * 

(f) * * * 

(3) Application process. Persons 

interested in being licensed as an IFQ 

first receiver for a specific physical 

location must submit a complete 

application for a first receiver site 

license through the web form 

submission available at https://

www.noaa.gov/fisheries. First receiver 

site license holders may request a paper 

application by contacting SFD. NMFS 

will only consider complete 

applications for approval. A complete 

application includes: 

* * * * * 

(4) Initial administrative 

determination. For all complete 

applications, NMFS will issue an IAD if 

the application is disapproved. The IAD 

will provide the reasons for this 

determination. NMFS will not reissue a 

first receiver site license until the 

required cost recovery program fees, as 

specified at § 660.115, have been paid. 

The IAD, appeals, and final decision 

process for the cost recovery program is 

specified at § 660.115(d)(3)(ii). 

* * * * * 

(6) * * * 

(i) First receiver site license 

applications will be accessible through 

an online application on or about 

February 1 each year. 

* * * * * 

■ 8. Amend § 660.150 by: 

■ a. Revising paragraph (d)(2). 

■ b. Removing ‘‘http://

www.nwr.noaa.gov/Groundfish-Halibut/ 

Groundfish-Permits/index.cfm’’ adding 

‘‘https://www.fisheries.noaa.gov/region/ 

west-coast’’ in its place in paragraph 

(g)(6)(iv)(B); and 

■ c. Removing the phrase ‘‘NMFS, 

Northwest Region’’ and adding in its 

place the phrase ‘‘NMFS West Coast 

Region’’ in paragraph (g)(6)(vi)(B). 

The revision reads as follows: 

§ 660.150 Mothership (MS) Co-op Program. 

* * * * * 

(d) * * * 

(2) Initial administrative 

determination. For all complete 

applications, NMFS will issue an IAD if 

the application is disapproved. An 

approved application will result in 

issuance of the permit. If disapproved, 

the IAD will provide the reasons for this 

determination. The IAD for a MS co-op 

permit follows the same requirement as 

specified for limited entry permits at 

§ 660.25(g)(4)(ii); if the applicant does 

not appeal the IAD within the 30 

calendar days, the IAD becomes the 

final decision of the Regional 

Administrator acting on behalf of the 

Secretary of Commerce. 

* * * * * 

■ 9. Amend § 660.160 by: 

■ a. Removing ‘‘NMFS NWR’’ and 

adding ‘‘NMFS WCR’’ in its place in 

paragraph (d)(1)(iii); 

■ b. Removing ‘‘http://

www.nwr.noaa.gov’’ and adding https:// 

www.fisheries.noaa.gov/region/westcoast in its place in paragraph (d)(1)(iii); 

and 

■ c. Revising paragraph (d)(2). 

The revision reads as follows: 

§ 660.160 Catcher/processor (C/P) Co-op 

Program. 

* * * * * 

(d) * * * 

(2) Initial administrative 

determination. For all complete 

applications, NMFS will issue an IAD if 

the application is disapproved. An 

approved application will result in 

issuance of the permit. If disapproved, 

the IAD will provide the reasons for this 

determination. The IAD for a C/P co-op 

permit follows the same requirement as 

specified for limited entry permits at 

§ 660.25(g)(4)(ii), if the applicant does 

not appeal the IAD within the 30 

calendar days, the IAD becomes the 

final decision of the Regional 

Administrator acting on behalf of the 

Secretary of Commerce. 

* * * * * 

■ 10. Amend § 660.603 by removing and 

reserving paragraph (m)(1) and revising 

paragraphs (m)(4) introductory text and 

(m)(5). 

The revisions read as follows: 

§ 660.603 Electronic monitoring provider 

permits and responsibilities. 

* * * * * 

(m) * * * 

(4) The EM service provider must 

communicate with vessel operators and 

NMFS to coordinate data service needs, 

resolve specific program issues, and 

provide feedback on program 

operations. No later than 60 days from 

the date of receipt of EM data for 

processing from the vessel operator, the 

EM service provider must provide 

feedback to vessel representatives, field 

services staff, and NMFS regarding: 

* * * * * 

(5) Submission of data and reports. 

On behalf of vessels with which it has 

a contract (see § 660.604(k)), the EM 

service provider must submit to NMFS 

logbook data, EM summary reports, 

including discard estimates, fishing 

activity information, and meta data (e.g., 

image quality, reviewer name), and 

incident reports of compliance issues 

according to a NMFS-accepted EM 

Service Plan, which is required under 

paragraph (b)(1)(vii) of this section, and 

as described in the EM Program Manual 

or other written and oral instructions 

provided by the EM program, such that 


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the EM program achieves its purpose as 

defined at § 660.600(b). Logbook data 

must be submitted to NMFS within 7 

business days of receipt from the vessel 

operator. EM summary reports must be 

submitted within 60 days of the date the 

EM data was received by the EM service 

provider from the vessel operator. If 

NMFS determines that the information 

does not meet these standards, NMFS 

may require the EM service provider to 

correct and resubmit the datasets and 

reports. 

* * * * * 

[FR Doc. 2023–25703 Filed 11–21–23; 8:45 am] 

BILLING CODE 3510–22–P 


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