Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Logbook

Published date05 July 2019
Record Number2019-14351
SectionRules and Regulations
CourtNational Oceanic And Atmospheric Administration
Federal Register, Volume 84 Issue 129 (Friday, July 5, 2019)
[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
                [Rules and Regulations]
                [Pages 32096-32098]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-14351]
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                DEPARTMENT OF COMMERCE
                National Oceanic and Atmospheric Administration
                50 CFR Part 660
                [Docket No. 190214113-9522-01]
                RIN 0648-BI74
                Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
                Pacific Coast Groundfish Fishery; Trawl Logbook
                AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
                Atmospheric Administration (NOAA), Department of Commerce.
                ACTION: Interim final rule, request for comments.
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                SUMMARY: This interim final rule creates a Federal requirement for
                vessels using trawl gear in the Pacific Coast Groundfish fishery to
                complete and submit the trawl logbook form. Historically, the states of
                Washington, Oregon, and California each administered state logbook form
                requirements. However, the California Fish and Game Commission repealed
                its trawl logbook reporting requirement, effective July 1, 2019. In
                order to not lose data reporting coverage from vessels in California,
                NMFS is implementing a Federal requirement for catcher vessels using
                trawl gear in the Pacific Coast Groundfish fishery Shorebased
                Individual Fishing Quota (IFQ) Program to complete and submit logbook
                forms in the absence of similar state regulations. This rule is
                necessary to continue collection of data vital to coastwide management
                of the groundfish trawl fishery.
                DATES: Effective July 5, 2019. Comments must be received by August 5,
                2019.
                ADDRESSES: Submit your comments, identified by NOAA-NMFS-2019-0031, by
                either of the following methods:
                 Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0031, click the ``Comment Now!'' icon,
                complete the required fields, and enter or attach your comments.
                 Mail: Submit written comments to Barry A. Thom, Regional
                Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE,
                Seattle, WA 98115-0070.
                 Instructions: NMFS may not consider comments if they are sent by
                any other method, to any other address or 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).
                 Electronic copies of the Regulatory Impact Review (RIR) and the
                Categorical Exclusion prepared for this rule may be obtained from
                http://www.regulations.gov or from the West Coast Region website at
                http://westcoast.fisheries.noaa.gov.
                FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: 206-526-4655, or
                email: [email protected].
                SUPPLEMENTARY INFORMATION:
                Background
                 Currently, the states of Washington, Oregon, and California require
                the reporting of trawl fishery data in the trawl logbook form. The
                states use a single, identical logbook form the Pacific Fishery
                Management Council (Council) developed to collect information necessary
                to effectively manage the groundfish fishery on a coastwide basis.
                While each state has its own requirement for vessels to complete the
                trawl logbook form, each state transmits the logbooks or logbook data
                [[Page 32097]]
                to the Pacific States Marine Fisheries Commission (PSMFC). PSMFC
                compiles the data from the logbooks into the PacFIN Coastwide Trawl
                Logbook Database, and distributes the data to users such as the
                Council, NMFS, and the Groundfish Management Team (GMT). In addition to
                managing the logbook data, the PSMFC prints the logbook forms and
                distributes them to Washington and Oregon so that the states can
                distribute them to vessels, and distributes them directly to the
                vessels in California.
                 Washington, Oregon, and California have long required trawl vessels
                to submit information on their fishing activity. Since the late 1980's,
                all three states have collected similar data in order to facilitate
                coastwide monitoring of the groundfish trawl fishery. As a result of
                this longstanding requirement for the collection of trawl effort data,
                NMFS and the Council have an extensive dataset on how trawling activity
                has changed over time. This data has been especially useful in actions
                to assess the effects of area management, such as the rockfish
                conservation areas, and to otherwise supplement stock assessments,
                especially for stocks that are managed by area.
                 On December 12, 2018, the California Fish and Wildlife Commission
                (Commission) voted to repeal its requirement for commercial trawl
                vessels to complete and submit the logbook form, effective July 1,
                2019. There is no existing Federal requirement for vessels to complete
                and submit the trawl logbook form. Instead, the Federal requirement is
                for vessels to follow their respective state logbook requirements (50
                CFR 660.13(b)). Therefore, without this rule, trawl vessels off of
                California would no longer be required to complete and submit the trawl
                logbook form.
                Contents and Use of the Trawl Logbook
                 The trawl logbook form developed by the Council collects fisherman-
                reported haul-level effort data including tow time, tow location, depth
                of catch, net type, target strategy, and estimated pounds of fish
                retained per tow. Most data is collected while the vessel is fishing,
                with only buyer information collected upon landing. Each trawl log
                represents a single fishing trip. The logbook forms are due monthly to
                each state, and the data is matched to a landing receipt (fish ticket)
                summary data submitted by seafood processors. This matching step acts
                as a data corroboration process for landings, and allows the PSMFC to
                identify and correct any errors in the data. NMFS, the Council, the
                GMT, the Northwest Fishery Science Center, and the PSMFC use the data
                obtained from the logbooks in 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 logbooks available to fishery observers under the West Coast
                Groundfish Observer Program (WCGOP). 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 are also used by the NMFS Office of Law Enforcement
                and the U.S. Coast Guard in investigations.
                Federal Trawl Logbook Requirement
                 This rule creates a Federal requirement for trawl catcher vessels
                operating under a limited entry trawl permit operating in the
                Shorebased IFQ Program to complete and submit the trawl logbook form in
                the absence of a similar state requirement in the state in which the
                vessel operates. This requirement applies to all trawl catcher vessels
                off the West Coast, but because Washington and Oregon have a state
                requirement for trawl logbook forms, vessels operating in those states
                will only be subject to their respective state's rules. Should
                Washington or Oregon choose to rescind their logbook requirement in the
                future, vessels operating in those states would then be subject to this
                regulation. However, Washington and Oregon continue to have state
                requirements for the logbook form and have not indicated any intent to
                change the requirement, therefore this rule will only affect trawl
                vessels operating off of California at this time.
                 In 2018, there were 21 trawl vessels operating in California, 8 of
                which were also participating under the electronic monitoring exempted
                fishing permit (EFP), which separately requires completion and
                submission of the trawl logbook form. However, vessels may move in and
                out of the EFP, therefore 21 vessels is the maximum pool of affected
                vessels. Overall, there were approximately 97 trawl vessels operating
                in the fishery coastwide in 2018, therefore this action will affect
                about 22 percent off the trawl fleet off of the West Coast.
                 This rule is structured to minimize the impact on trawl vessels off
                of California by maintaining the identical logbook form that vessels
                have been using for the past several years and by maintaining the same
                reporting timeframe (logbooks due monthly by the 10th of the month
                after which fishing was completed). The logbook forms for trawl vessels
                operating off California will continue to be distributed by the PSMFC,
                as they currently are. The only difference that California fishermen
                will notice is that the address where the logbooks must be submitted
                will change. Under this rule, vessels will be required to send logbook
                forms to the PSFMC, on behalf of NMFS, at: Pacific States Marine
                Fisheries Commission, 619 2nd Street, Eureka, CA 95501. NMFS and the
                PSMFC plan to provide pre-addressed and stamped envelopes with the
                logbook forms for return of the logbooks, as California did, for the
                first year of the new requirement, with further costs to be evaluated
                at a later date.
                 This rule will continue a longstanding requirement for the trawl
                fleet, and maintain the way in which the information is collected and
                how often it must be submitted. Therefore, NMFS expects that there will
                be minimal public disruption by this rule.
                Changes to Existing Regulations
                 At its June 2019 meeting, the Council requested that NMFS
                promulgate regulations to implement a Federal requirement to maintain
                the existing logbook information collection program pursuant to Section
                402(a)(1) of the Magnuson-Stevens Act. NMFS determined that the need
                for a Federal requirement to ensure the continuation of this
                information collection program is justified, and therefore is
                publishing this rule.
                 This rule adds paragraphs Sec. 660.12(b)(3) and Sec. 660.13(a)(1)
                and (2) to require trawl vessels operating under a limited entry trawl
                permit to complete and submit the trawl logbook form in the absence of
                a similar state requirement in the state in which the vessel operates.
                Classification
                 The Assistant Administrator for Fisheries, NOAA, has determined
                that this rule is consistent with the National Standards, other
                provisions of the Magnuson-Stevens Act, and other applicable laws.
                 Due to the abbreviated timeline within which the repeal of
                California's regulation will be effective (July 1, 2019), and the
                negative effects of a logbook coverage gap for all entities that depend
                on the information obtained through the logbook, pursuant to 5 U.S.C.
                553(b)(B), there is good cause to waive prior notice and an opportunity
                for public comment on this action, as
                [[Page 32098]]
                notice and comment would be impracticable and contrary to the public
                interest. If the implementation of this requirement were to be delayed,
                there would be gaps in the collection of trawl effort data for vessels
                off of California. This gap would have a significant detrimental impact
                on the dataset and its utility for management purposes as a continuous
                time series for stock assessments, as fine scale data on protected
                species catch, for data validation of fish tickets, and for enforcement
                purposes. Of specific concern, the Council is increasingly moving
                towards using targeted bycatch hotspot closures as a means to manage
                take of protected or prohibited species. Without catch data by area
                collected in the trawl logbook form, this type of targeted closures are
                difficult to enact.
                 Additionally, observers in the West Coast Groundfish Observer
                Program regularly use the information in the logbook during a trip to
                apportion biological data by area, and this biological data is used in
                stock assessments and other catch and bycatch reporting. If NMFS went
                through notice and comment rulemaking, the resulting three-month delay
                would mean a significant portion of the 2019 trawl fishing season would
                lack complete data from trawl activities off of California. There would
                be no way to corroborate landings reports during this time, or for
                observers to be able to match biological samples and catch or discard
                records to a specific area, or for NMFS Office of Law Enforcement to
                have information to investigate fisheries violations. For these
                reasons, NMFS finds good cause to waive prior notice and an opportunity
                for public comment on this action. For the same reasons, NMFS also
                finds good cause, pursuant to 5 U.S.C. 553(d)(3), to waive the 30-day
                delay in the date of effectiveness, so that this interim final rule may
                become effective upon publication in the Federal Register. Because this
                requirement will mirror the requirement these vessels have been subject
                to under California law since the 1980s, NMFS does not expect that this
                interim final rule will cause any concern or disruption to participants
                in the fishery.
                 This interim final 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.
                 Although we are waiving prior notice and opportunity for public
                comment, we are requesting comments on this interim final rule until
                August 5, 2019. Please see ADDRESSES for more information on the ways
                to submit comments.
                 Because prior notice and opportunity for public comment are not
                required for this rule by 5 U.S.C. 553, or any other law, the
                analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
                et seq., are inapplicable.
                Collection of Information Requirements
                 This action contains a new information collection requirement
                subject to the Paperwork Reduction Act (PRA), which has been submitted
                for approval by the Office of Management and Budget (OMB) under OMB
                Control Number 0648-XXXX.
                 Send comments regarding these burden estimates or any other aspect
                of this data collection, including suggestions for reducing the burden,
                to NMFS (see ADDRESSES), and by email to [email protected],
                or fax to 202-395-5806.
                 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. All currently approved NOAA
                collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.
                List of Subjects in 50 CFR Part 660
                 Fisheries, Fishing, Reporting and recordkeeping requirements.
                 Dated: July 1, 2019.
                Alan D. Risenhoover,
                Acting Deputy Assistant Administrator for Regulatory Programs, National
                Marine Fisheries Service.
                 For the reasons set out in the preamble, 50 CFR part 660 is amended
                as follows:
                PART 660--FISHERIES OFF WEST COAST STATES
                0
                1. The authority citation for part 660 continues to read as follows:
                 Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
                U.S.C. 7001 et seq.
                0
                2. In Sec. 660.12, add paragraph (b)(3) to read as follows:
                Sec. 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 Sec.
                660.13(a)(1).
                * * * * *
                0
                3. In Sec. 660.13, add paragraphs (a)(1) and (2) to read as follows:
                Sec. 660.13 Recordkeeping and reporting.
                 (a) * * *
                 (1) Trawl logbook. In the absence of a state trawl logbook
                requirement based on the port of landing, the authorized representative
                of the commercial trawl fishing vessel registered to a limited entry
                permit with a trawl gear endorsement participating in the Shorebased
                IFQ Program groundfish trawl fisheries must keep and submit a complete
                and accurate record of fishing activities in the trawl logbook form.
                The following requirements apply:
                 (i) The authorized representative of the vessel must keep the trawl
                logbook form on board the vessel while engaged in, or returning from,
                all Shorebased IFQ Program trips using groundfish trawl gear, and must
                immediately surrender the logbook form upon demand to NMFS or other
                authorized officers.
                 (ii) The authorized representative of the vessel must complete the
                trawl logbook form on all Shorebased IFQ Program trips using groundfish
                trawl gear, with all available information, except for information not
                yet ascertainable, prior to entering port. The logbook form must be
                completed as soon as the information becomes available. The information
                on the logbook form will include at a minimum: Vessel name, vessel trip
                start and end dates, crew size, tow start, tow completion, location of
                tow, average depth of catch, net type, target strategy, and estimated
                retained pounds by species.
                 (iii) The authorized representative of the vessel must deliver the
                NMFS copy of the trawl logbook form by mail or in person to NMFS or its
                agent. The authorized representative of the vessel must transmit the
                logbook form on or before the 10th day of each month following the
                month to which the records pertain.
                 (iv) The authorized representative of the vessel responsible for
                submitting the trawl logbook forms must maintain a copy of all
                submitted logbooks for up to three years after the fishing activity
                ended.
                 (2) [Reserved]
                * * * * *
                [FR Doc. 2019-14351 Filed 7-3-19; 8:45 am]
                 BILLING CODE 3510-22-P
                

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