This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

39792 

Vol. 87, No. 127 

Tuesday, July 5, 2022 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Part 25 

[Docket ID OCC–2022–0002] 

RIN 1557–AF15 

FEDERAL RESERVE SYSTEM 

12 CFR Part 228 

[Regulation BB; Docket No. R–1769] 

RIN 7100–AG29 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 345 

RIN 3064–AF81 

Community Reinvestment Act 

Correction 

In proposed rule document 2022– 

10111 appearing on pages 33884–34066 

in the issue of June 3, 2022, make the 

following correction: 

On page 33976, in the second column, 

the duplicate formulas are corrected to 

read as set forth below: 

[FR Doc. C1–2022–10111 Filed 7–1–22; 8:45 am] 

BILLING CODE 0099–10–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 220629–0145] 

RIN 0648–BK81 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; Nontrawl Logbook 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

create a federal requirement for certain 

vessels in the Pacific Coast Groundfish 

fishery target fishing for groundfish with 

non-trawl gear in federal waters off the 

coasts of California, Oregon, and 

Washington, to complete and submit a 

non-trawl logbook to NMFS via an 

electronic application. Specifically, this 

non-trawl logbook requirement would 

apply to vessels participating in the 

directed open access and limited entry 

fixed gear sectors, as well as those 


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CD loans+CD Investments ($200,000) _ 

deposits ($10,000,000) 

Bank State Community Development Financing Metric (2 .0 percent) 
Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Proposed Rules 39793 

vessels that fish with non-trawl gear in 

the Shorebased Individual Fishing 

Quota Program. The intent of this 

requirement is to collect valuable 

fishery-dependent information in nontrawl sectors with partial observer 

coverage, which would help better 

inform management of these fisheries. 

DATES: Comments must be received by 

August 4, 2022. 

ADDRESSES: Submit your comments, 

identified by NOAA–NMFS–2022–0035, 

by the following method: 

Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2022–0035 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

Instructions: NMFS may not consider 

comments if they are sent by any other 

method, to any other individual, or 

received after the comment period ends. 

All comments received are a part of the 

public record and NMFS will post for 

public viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender is 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Lynn Massey, phone: 562–436–2462, or 

email: lynn.massey@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The commercial non-tribal groundfish 

fisheries off the West Coast include 

vessels using a variety of gear types in 

permitted (limited entry) and nonpermitted (open access (OA)) sectors. 

Within the limited entry sector, some 

permits have fixed gear endorsements 

(i.e., bottom longline and/or pot gear). 

Some of these fixed gear-endorsed 

permits also carry a sablefish 

endorsement, which allows the vessel 

registered to the permit to participate in 

the limited entry fixed gear (LEFG) 

sablefish primary fishery and limited 

entry trip limit fisheries. Other permits 

may have a trawl endorsement, which 

can be used with either trawl gear or 

with fixed gear in the Shorebased 

Individual Fishing Quota (IFQ) Program. 

These vessels are often referred to as 

‘‘gear switchers.’’ The non-permitted, or 

OA fishery, is comprised of vessels 

catching and retaining groundfish using 

a variety of fishing strategies. Some 

participating vessels have the primary 

intent of catching groundfish (i.e., 

directed OA), while other vessels have 

the primary intent of catching a species 

other than groundfish, but in the 

process retain groundfish caught 

incidentally as an additional value for 

the fishing trip (i.e., incidental OA). 

During the June 2008 Pacific Fishery 

Management Council (Council) meeting, 

for the 2009–2010 Groundfish Harvest 

Specifications and Management 

Measures action, the Council 

recommended that NMFS initiate 

rulemaking for a mandatory logbook 

requirement for the limited entry and 

OA fixed gear fishing fleets. 

Comparatively, the groundfish trawl 

fisheries have been subject to state 

logbook requirements since the late 

1980s, and more recently, a federal 

logbook requirement was implemented 

for catcher vessels using trawl gear off 

California in the Pacific Coast 

Groundfish fishery (84 FR 32096; July 5, 

2019). In the proposed rule for the 

2009–2010 harvest specifications (73 FR 

80516; December 31, 2008), NMFS 

determined that development and 

implementation of a federal logbook 

system for the limited entry and OA 

fixed gear fishing fleets would take more 

time than was available for that 

rulemaking, and stated it would be 

under consideration for implementation 

in the future (pp 80538). 

Similar to the trawl logbook, a fixed 

gear logbook has broad applicability and 

utility for the management of the OA, 

LEFG, and Shorebased IFQ gear 

switching commercial groundfish 

fisheries. Data collected in a logbook for 

fixed gear vessels would contribute to 

stock assessments, inform managers 

about location-specific catch and 

discards on non-observed trips and 

vessels, support economic analysis, and 

provide information to quantify 

groundfish fishery effort to allow more 

precise estimation of bycatch of 

Endangered Species Act (ESA) listed 

species, such as seabirds and humpback 

whales. In addition, implementation of 

a logbook for fixed gear vessels is a term 

and condition implementing Reasonable 

and Prudent Measure 4 of the 2017 

Biological Opinion regarding the effects 

of the continued operation of the Pacific 

Coast Groundfish Fishery on ESA listed 

seabirds (FWS O1EOFWOO–2017–F–03 

16). The ESA Workgroup has 

recommended a fixed gear logbook 

numerous times (see the ESA 

Workgroup reports on the Council’s 

website (pcouncil.org) for the June 2015, 

April 2017, June 2021 meetings). 

Finally, a logbook for the OA, LEFG, 

and Shorebased IFQ gear switching 

fisheries would provide vital areaspecific catch information to support 

future actions under consideration by 

the Council, such as opening up areas 

of the non-trawl Rockfish Conservation 

Area (NT–RCA). 

Considering that it has been several 

years since the Council’s 

recommendation on this action and that 

aspects of the relevant fishery sectors 

have changed since then, NMFS 

requested additional guidance on the 

Council’s intended scope for this action 

at the September 2021 meeting. First, 

NMFS asked the Council for 

clarification on whether it intended for 

the logbook requirement to apply to 

both the directed and incidental OA 

sectors, or only the directed OA sector. 

The reason for this request for 

clarification was to confirm whether the 

Council intended for the logbook to be 

submitted by non-groundfish fisheries 

that land groundfish incidentally under 

OA trip limits (e.g., the salmon troll 

fishery). Second, NMFS asked the 

Council to clarify whether it intended 

the logbook to apply to the ‘‘non-trawl’’ 

fleets as opposed to the ‘‘fixed gear’’ 

fleets; although the terms are sometimes 

used interchangeably and may include 

many of the same gear types (e.g., pot 

gear), they do not include all of the 

same gear types (e.g., troll gear is nontrawl gear, but is not fixed gear). In 

2008, the Council used the term ‘‘fixed 

gear’’ in its recommendation. The 

reason for this clarification request is 

that the Council has recently expressed 

interest in collecting logbook 

information on non-trawl gears that do 

not meet the regulatory definition of 

fixed gear (see § 660.11), namely troll 

gear. In addition, non-trawl gear types 

that are not fixed gears are being 

contemplated by the Council for legal 

use inside the NT–RCA, and the Council 

has indicated that any vessel authorized 

to fish inside the NT–RCA should be 

required to fill out a logbook. 

In response to NMFS’ request for 

clarification, at its March 2022 meeting, 

the Council made a final 

recommendation on the logbook that 

clarified the following: 

• The logbook requirement would 

apply to the more inclusive ‘‘non-trawl’’ 

groundfish fleets as opposed to the 

‘‘fixed gear’’ groundfish fleets. 

• Vessels using non-trawl gear in the 

following fishery sectors would be 

required to submit the federal logbook 

to NMFS: 

Æ Directed open access for groundfish 

(not incidental open access for 

groundfish) 

Æ LEFG Primary Sablefish 

Æ LEFG trip limit 

Æ Vessels using non-trawl gear in the 

Shorebased IFQ program (herein 


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referred to as the ‘‘IFQ gear switching’’ 

fishery or sector) 

The Council may consider expanding 

the logbook requirement for additional 

non-trawl fisheries retaining groundfish 

in the future. NMFS is moving forward 

with the development of a federal nontrawl logbook requirement in 

accordance with the above 

recommendation. 

Non-Trawl Logbook Development 

NMFS has contracted the Pacific 

States Marine Fisheries Commission 

(PSMFC) to develop an electronic 

logbook application. The PSMFC will 

house and manage the logbook data. 

NMFS intends the application to be 

available for download free of charge on 

smart phones, tablets, and laptop 

computers; however, initial rollout may 

be limited to a smart phone application, 

subject to timing constraints. If this 

proposed rule is finalized, NMFS would 

publish a Compliance Guide with all 

necessary download and operation 

instructions upon publication of the 

final rule. For a minimum of 1 year from 

the effective date of the final rule, 

NMFS would accept paper logbook 

forms to provide a grace period for 

adapting to the electronic application. 

NMFS will prescribe the paper logbook 

forms that may be submitted to meet 

this requirement. Depending on the 

development status of the electronic 

application, NMFS may extend the 

optional paper logbook provision 

beyond one year from the effective date 

of the final rule. NMFS will issue a 

public notice at least 90 calendar days 

prior to ending the optional provision to 

submit a paper logbook. Each non-trawl 

logbook paper form would represent a 

single fishing trip, and the data would 

be matched to a landing receipt (i.e., fish 

ticket) submitted to PSMFC by seafood 

first receivers (i.e., buyers). This 

matching step acts as a data 

corroboration process for landings, and 

allows the PSMFC to identify and 

correct any errors in the data. Paper 

logbook submission would be required 

within one month of a fishing trip. The 

PSMFC would mail logbook forms to the 

state fish and wildlife agencies, who 

would then assist in distributing 

logbook forms to their respective fishers. 

NMFS and the PSMFC have begun 

consulting with industry representatives 

on the electronic logbook layout and 

design, and will continue soliciting 

industry feedback as the logbook 

develops. NMFS and the PSMFC intend 

to coordinate with end-users of the data, 

including the Council’s Groundfish 

Management Team (GMT) and other 

State representatives, on the design of 

the electronic logbook. 

Content and Use of the Non-Trawl 

Logbook 

The non-trawl logbook would collect 

set-level information on catch, discards, 

fishing location, fishing depth, gear 

configuration, and sale. Most data 

would be required to be entered into the 

electronic logbook application while the 

vessel is fishing, with only the buyer 

information recorded upon landing. An 

electronic logbook entry would be 

required for each individual fishing trip. 

Submission of electronic logbook data 

in the application would be required 

within 24 hours of landing; data would 

be transmitted when the vessel returns 

to an area with internet access. 

NMFS, the Council, the GMT, the 

Northwest Fishery Science Center, and 

the PSMFC would use the data obtained 

from the logbook application for 

analyses of catch locations and bycatch 

hotspots, spot verification of fish tickets, 

analyses on gear usage by area, stock 

assessments, and a variety of other 

applications. Additionally, federal 

groundfish regulations require vessels to 

make the logbook data available to 

fishery observers under the West Coast 

Groundfish Observer Program. The 

observers collect biological samples and 

pair these samples with logbook data 

describing vessel position, target, depth, 

and retained catch. These data are not 

always accessible from other sources 

such as equipment on the ship. Finally, 

the logbook data may also be used by 

the NOAA Office of Law Enforcement 

(OLE) and the U.S. Coast Guard in 

investigations. 

Non-Trawl Federal Logbook 

Requirement 

This proposed rule would create a 

federal logbook requirement for vessels 

participating in the directed OA, LEFG 

and IFQ gear switching fishery sectors. 

The directed OA sector includes those 

vessels that target fish for groundfish in 

federal waters. The LEFG sector 

includes the primary sablefish fishery 

and the LE trip limit fisheries. The IFQ 

gear switching sector includes those 

vessels that participate in the 

Shorebased IFQ Program with trawl 

gear, but also ‘‘gear switch’’ and 

occasionally fish with non-trawl gear 

pursuant to their IFQ limits. From 

2016–2019, an average of 536, 188, and 

18 vessels participated in the directed 

OA, LEFG, and IFQ gear switching 

fishery sectors, respectively. Therefore, 

NMFS anticipates this action will affect 

a total of approximately 742 vessels. 

This proposed rule would also amend 

the regulations at § 660.13 to add new 

gear types or sectors that vessels can 

declare on their declaration reports (e.g., 

declaration codes) and revise some 

existing declaration codes with the 

primary purpose of ensuring those 

codes better align with the gear profiles 

as they would be described in the 

electronic non-trawl logbook 

application. Additionally, the revised 

declaration codes would allow NOAA’s 

OLE to identify those vessels that are 

subject to the new non-trawl logbook 

requirement based on what gear type is 

declared. 

This proposed rule is structured to 

minimize impacts on those vessels that 

are already subject to comparable 

logbook requirements. For example, 

those vessels that gear switch in the 

Shorebased IFQ Program and use 

electronic monitoring (EM) in lieu of an 

observer currently record discards on a 

paper logbook form (see § 660.604(s)). 

Those vessels would be required to 

transition to submit the electronic nontrawl logbook application instead of the 

paper logbook forms, with the exception 

of the firstyear(s), when they would be 

permitted to continue submitting the 

paper form as they adapt to the 

electronic application. 

Under this proposed rule, vessels 

would be required to send the 

alternative paper logbook forms to the 

PSFMC, on behalf of NMFS, at: Pacific 

States Marine Fisheries Commission, 

205 SE Spokane St., Suite #100, 

Portland, OR 97202. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the FMP, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law, subject to further 

consideration after public comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

There are no relevant federal rules 

that may duplicate, overlap, or conflict 

with this action. 

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 that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

For purposes of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) 

(RFA) only, NMFS has established a 

small business size standard for 

businesses, including their affiliates, 


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Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Proposed Rules 39795 

whose primary industry is commercial 

fishing (see 50 CFR 200.2). A business 

primarily engaged in commercial fishing 

is classified as a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including its affiliates), and has 

combined annual receipts not in excess 

of $11 million for all its affiliated 

operations worldwide. This standard 

applies to all businesses classified 

under North American Industry 

Classification System (NAICS) code 

11411 for commercial fishing, including 

all businesses classified as commercial 

finfish fishing (NAICS 114111), 

commercial shellfish fishing (NAICS 

114112), and other commercial marine 

fishing (NAICS 114119) businesses (50 

CFR 200.2; 13 CFR 121.201). 

This proposed rule would directly 

affect groundfish vessels fishing in the 

directed OA, LEFG, and IFQ gear 

switching fishery sectors, which would 

be required to collect information to 

complete and submit the non-trawl 

logbook. From 2016–2019, an average of 

536, 188, and 18 vessels participated in 

the directed OA, LEFG, and IFQ gear 

switching fisheries, respectively. 

Therefore, NMFS anticipates this action 

will affect a total of approximately 742 

vessels, which would all be classified as 

small businesses according to NMFS’ 

small business standard under the RFA. 

This proposed rule is not anticipated 

to have a significant economic impact 

on the affected entities. This rule is 

administrative in nature, as it 

establishes a new reporting requirement 

for these fishery sectors. The electronic 

logbook application will be available for 

download free of charge on smart 

phones, tablets, and laptops. NMFS has 

conducted outreach with members of 

the Groundfish Advisory Subpanel who 

represent the affected entities, and all 

have confirmed that most fishers in the 

affected sectors have at least one of 

these electronic devices. Even if, at 

initial implementation, the electronic 

logbook application is only available for 

download on a smart phone, those 

fishermen that do not own a smart 

phone would be permitted to submit a 

paper logbook form for two years. This 

would provide enough time for NMFS 

and the PSMFC to finalize the electronic 

logbook application for other devices, 

including tablets and laptops. 

In addition, this proposed rule is not 

expected to place small entities at a 

significant competitive disadvantage to 

large entities. This action is 

administrative, and only creates a new 

reporting requirement for vessels fishing 

in the directed OA, LEFG, and IFQ gear 

switching fishery sectors. Vessels that 

are considered large entities in the 

Pacific Coast Groundfish fishery (e.g., 

mothership and catcher-processor 

vessels) are subject to their own separate 

reporting requirements (see § 660.113). 

For these reasons, NMFS believes that 

this proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. As 

a result, an initial regulatory flexibility 

analysis is not required and none has 

been prepared. 

Information Collection Requirements 

This proposed rule contains a new 

collection-of-information requirement 

subject to review and approval by OMB 

under the Paperwork Reduction Act (44 

U.S.C. 3507(d)) (PRA). This rule adds a 

federal requirement to complete and 

submit data in the non-trawl electronic 

logbook application for fishing activities 

in the directed OA, LEFG, and IFQ gear 

switching fishery sectors. Public 

reporting burden for the federal nontrawl logbook requirement is estimated 

to average 30 minutes per logbook 

submission, including the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. The average vessel took 

about 14 fishing trips per year between 

2016–2019, which would result in about 

7 additional hours of paperwork to 

comply with the new logbook 

requirement over the course of the year. 

Vessels pursuing a targeted non-trawl 

groundfish strategy would be most 

impacted by the proposed rule. NMFS 

estimates that a subset of about ten 

vessels of the 742 affected vessels 

pursue such a strategy and take between 

100–180 trips per vessel per year; these 

entities would have an estimated 

additional burden of approximately 50– 

90 hours per vessel. 

Public comment is sought regarding: 

whether this proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

the accuracy of the burden estimate; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information, 

including through the use of automated 

collection techniques or other forms of 

information technology. Submit 

comments on these or any other aspects 

of the collection of information at 

www.reginfo.gov/public/do/PRAMain. 

Find the particular information 

collection by selecting ‘‘Currently under 

Review—Open for Public Comments’’ or 

by using the search function. 

In addition, this rule revises the 

existing requirements for the collection 

of information 0648–0573 by adding 

and modifying declaration codes for the 

purpose of monitoring and enforcing the 

new logbook requirement. These new 

declaration codes are not anticipated to 

alter the number of respondents, 

anticipated responses, burden hours, or 

burden costs, as the affected vessels are 

already required to declare their fishing 

activities. The new declaration codes 

would allow NOAA’s OLE to track those 

vessels that are subject to the logbook 

requirement based on what gear type is 

being used and the location of their 

fishing activity. Public reporting burden 

for submitting a declaration report is 

estimated to average 4 minutes per 

individual report, including the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. 

Public comment is sought regarding: 

whether this proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

the accuracy of the burden estimate; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information, 

including through the use of automated 

collection techniques or other forms of 

information technology. Submit 

comments on these or any other aspects 

of the collection of information at 

www.reginfo.gov/public/do/PRAMain. 

Find the particular information 

collection by selecting ‘‘Currently under 

Review—Open for Public Comments’’ or 

by using the search function. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

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 in 50 CFR Part 660 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: June 29, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 660 is proposed 

to be amended as follows: 


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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. In § 660.11, under the definition for 

‘‘Open access fishery’’ add paragraphs 

(1) and (2) to read as follows: 

§ 660.11 General definitions. 

* * * * * 

Open access fishery * * * 

(1) For the purpose of the non-trawl 

logbook requirements at § 660.13, 

directed open access fishery means that 

a fishing vessel is target fishing for 

groundfish under the requirements of 50 

CFR part 660, subpart F, is only 

declared into an open access groundfish 

gear type or sector as defined at 50 CFR 

660.13(d)(4)(iv)(A), and has not declared 

into any other gear type or sector. 

(2) [Reserved] 

* * * * * 

■ 3. In § 660.12, revise paragraph (b)(3) 

to read as follows: 

§ 660.12 General groundfish prohibitions. 

* * * * * 

(b) * * * 

(3) Falsify or fail to prepare and/or 

file, retain or make available records of 

fishing activities as specified in 

§ 660.13(a)(1) or (2). 

* * * * * 

■ 4. In § 660.13: 

■ a. Revise paragraph (a)(2), and add 

paragraph (a)(3). 

■ b. Revise paragraphs (d)(4)(iv) 

introductory text, and (d)(4)(iv)(A)(1) 

through (31), and add (d)(4)(iv)(A)(32) 

through (37). 

The revisions and additions read as 

follows: 

§ 660.13 Recordkeeping and reporting. 

* * * * * 

(a) * * * 

(2) Non-Trawl Logbook. The 

authorized representative of a 

commercial vessel participating in: 

(i) The directed open access fishery, 

as defined at § 660.11; 

(ii) The limited entry fixed gear trip 

limit fisheries subject to the trip limits 

in Table 2 North and South to Subpart 

E, and primary sablefish fisheries, as 

defined at § 660.211; and 

(iii) Gear switching in the Shorebased 

IFQ Program, as defined at § 660.140(k), 

must keep and submit a complete and 

accurate record of fishing activities in 

the non-trawl electronic logbook 

application. 

(3) The non-trawl electronic logbook 

application is a web-based portal used 

to send data from non-trawl fishing trips 

to the Pacific States Marine Fisheries 

Commission. The following 

requirements apply: 

(i) The authorized representative of 

the vessel must complete an entry in the 

non-trawl electronic logbook 

application for all groundfish fishing 

trips, as defined under § 660.11. 

Required information for each fishing 

trip includes, but is not limited to, 

information on set-level data on catch, 

discards, fishing location, fishing depth, 

gear configuration, and sale. 

(ii) The authorized representative of 

the vessel must complete an entry for 

each groundfish fishing trip in the nontrawl electronic logbook application 

with valid responses for all data fields 

in the application, except for 

information not yet ascertainable, prior 

to entering port, subject to the following 

requirements: 

(A) Setting gear: Logbook entries for 

setting gear, including vessel 

information, gear specifications, set 

date/time/location, must be completed 

within 2 hours of setting gear. 

(B) Retrieving gear: Logbook entries 

for retrieving gear, including date/time 

recovered and catch/discard 

information, must be completed within 

2 hours of retrieving gear. 

(C) The authorized representative of 

the vessel must complete and submit 

entries in the non-trawl electronic 

logbook application within 24 hours of 

the completion of offload. 

(D) For a minimum of 1 year from the 

effective date of the final rule, vessels 

subject to this non-trawl logbook 

requirement are permitted to submit a 

paper logbook form in lieu of the 

requirement to fill out the non-trawl 

electronic logbook application. The 

West Coast Regional Administrator will 

prescribe the paper logbook forms 

required under this section. NMFS will 

issue a public notice at least 90 calendar 

days prior to ending the optional 

provision to submit a paper logbook. 

The authorized representative of the 

vessel must complete the non-trawl 

logbook form on all groundfish trips, 

subject to the same requirements as for 

the non-trawl electronic logbook 

application, listed above in 

§ 660.13(a)(2)(i) through (ii). The 

authorized representative of the vessel 

must deliver the NMFS copy of the nontrawl logbook form by mail or in person 

to NMFS or its agent within 30 days of 

landing. The authorized representative 

of the vessel responsible for submitting 

the non-trawl logbook forms must 

maintain a copy of all submitted 

logbooks for a minimum of three years 

after the fishing activity ended. 

* * * * * 

(d) * * * 

(4) * * * 

(iv) Declaration reports will include: 

The vessel name and/or identification 

number, gear type, and monitoring type 

where applicable, (as defined in 

paragraph (d)(4)(iv)(A) of this section). 

Upon receipt of a declaration report, 

NMFS will provide a confirmation code 

or receipt to confirm that a valid 

declaration report was received for the 

vessel. Retention of the confirmation 

code or receipt to verify that a valid 

declaration report was filed and the 

declaration requirement was met is the 

responsibility of the vessel owner or 

operator. Vessels using nontrawl gear 

may declare more than one gear type 

with the exception of vessels 

participating in the Shorebased IFQ 

Program (i.e., gear switching), however, 

vessels using trawl gear may only 

declare one of the trawl gear types listed 

in paragraph (d)(4)(iv)(A) of this section 

on any trip and may not declare 

nontrawl gear on the same trip in which 

trawl gear is declared. 

(A) * * * 

(1) Limited entry fixed gear, not 

including shorebased IFQ (declaration 

code 10), 

(2) Limited entry groundfish nontrawl, shorebased IFQ, observer 

(declaration code 11), 

(3) Limited entry groundfish nontrawl, shorebased IFQ, electronic 

monitoring (declaration code 11), 

(4) Limited entry midwater trawl, 

non-whiting shorebased IFQ, observer 

(declaration code 20), 

(5) Limited entry midwater trawl, 

non-whiting shorebased IFQ, electronic 

monitoring (declaration code 20), 

(6) Limited entry midwater trawl, 

Pacific whiting shorebased IFQ, 

observer (declaration code 21), 

(7) Limited entry midwater trawl, 

Pacific whiting shorebased IFQ, 

electronic monitoring (declaration code 

21) 

(8) Limited entry midwater trawl, 

Pacific whiting catcher/processor sector 

(declaration code 22), 

(9) Limited entry midwater trawl, 

Pacific whiting mothership sector 

(catcher vessel or mothership), observer 

(declaration code 23), 

(10) Limited entry midwater trawl, 

Pacific whiting mothership sector 

(catcher vessel), electronic monitoring 

(declaration code 23), 

(11) Limited entry bottom trawl, 

shorebased IFQ, not including demersal 

trawl or selective flatfish trawl 

(declaration code 30), 

(12) Limited entry bottom trawl, 

shorebased IFQ, not including demersal 

trawl or selective flatfish trawl, 


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Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Proposed Rules 39797 

electronic monitoring (declaration code 

30), 

(13) Limited entry demersal trawl, 

shorebased IFQ, observer (declaration 

code 31) 

(14) Limited entry demersal trawl, 

shorebased IFQ, electronic monitoring 

(declaration code 31), 

(15) Limited entry selective flatfish 

trawl, shorebased IFQ, observer 

(declaration code 32), 

(16) Limited entry selective flatfish 

trawl, shorebased IFQ, electronic 

monitoring (declaration code 32), 

(17) Non-groundfish trawl gear for 

pink shrimp (declaration code 41), 

(18) Non-groundfish trawl gear for 

ridgeback prawn (declaration code 40), 

(19) Non-groundfish trawl gear for 

California halibut (declaration code 42), 

(20) Non-groundfish trawl gear for sea 

cucumber (declaration code 43), 

(21) Open access bottom contact 

hook-and-line gear for groundfish (e.g., 

bottom longline, commercial vertical 

hook-and-line, dinglebar) (declaration 

code 33), 

(22) Open access Pacific halibut 

longline gear (declaration code 62), 

(23) Open access groundfish trap or 

pot gear (declaration code 34), 

(24) Open access Dungeness crab trap 

or pot gear (declaration code 61), 

(25) Open access prawn trap or pot 

gear (declaration code 60), 

(26) Open access sheephead trap or 

pot gear (declaration code 65), 

(27) Open access non-bottom contact 

hook and line gear for groundfish (e.g., 

troll, weighted jig gear, rod & reel gear) 

(declaration code 35), 

(28) Open access non-bottom contact 

stationary vertical jig gear (declaration 

code 36) 

(29) Open access non-bottom contact 

troll gear (declaration code 37), 

(30) Open access HMS line gear 

(declaration code 66), 

(31) Open access salmon troll gear 

(declaration code 63), 

(32) Open access California Halibut 

line gear (declaration code 64), 

(33) Open access Coastal Pelagic 

Species net gear (declaration code 67), 

(34) Other, a gear that is not listed 

above (declaration code 69), 

(35) Tribal trawl gear (declaration 

code 50), 

(36) Open access California anchored 

gillnet gear (declaration 68), or 

(37) Gear testing, Trawl 

Rationalization fishery (declaration code 

70). 

[FR Doc. 2022–14295 Filed 7–1–22; 8:45 am] 

BILLING CODE 3510–22–P 


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