82_FR_13348 82 FR 13302 - Fisheries of the Exclusive Economic Zone Off Alaska; Integrating Electronic Monitoring Into the North Pacific Observer Program

82 FR 13302 - Fisheries of the Exclusive Economic Zone Off Alaska; Integrating Electronic Monitoring Into the North Pacific Observer Program

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 46 (March 10, 2017)

Page Range13302-13304
FR Document2017-04716

The North Pacific Fishery Management Council submitted Amendment 114 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 104 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (collectively referred to as the FMPs) to the Secretary of Commerce (Secretary) for review. If approved, Amendments 114/104 would integrate electronic monitoring into the North Pacific Observer Program. This action is necessary to improve the collection of data necessary for the conservation, management, and scientific understanding of managed fisheries. Amendments 114/104 are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMPs, and other applicable laws.

Federal Register, Volume 82 Issue 46 (Friday, March 10, 2017)
[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Proposed Rules]
[Pages 13302-13304]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04716]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-BG54


Fisheries of the Exclusive Economic Zone Off Alaska; Integrating 
Electronic Monitoring Into the North Pacific Observer Program

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability of fishery management plan amendments; 
request for comments; notice of public hearing.

-----------------------------------------------------------------------

SUMMARY: The North Pacific Fishery Management Council submitted 
Amendment 114 to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area and Amendment 104 to 
the Fishery Management Plan for Groundfish of the Gulf of Alaska 
(collectively referred to as the FMPs) to the Secretary of Commerce 
(Secretary) for review. If approved, Amendments 114/104 would integrate 
electronic monitoring into the North Pacific Observer Program. This 
action is necessary to improve the collection of data necessary for the 
conservation, management, and scientific understanding of managed 
fisheries. Amendments 114/104 are intended to promote the goals and 
objectives of the Magnuson-Stevens Fishery Conservation and Management 
Act, the FMPs, and other applicable laws.

DATES: Comments must be received no later than May 9, 2017.
    Per section 313 of the Magnuson-Stevens Act, NMFS will conduct 
public hearings to accept oral and written comments on the proposed 
rule in Oregon, Washington, and Alaska during the public comment 
period.
    The first public hearing will be held in conjunction with the April 
meeting of the North Pacific Fishery Management Council on April 6, 
2017, 6 p.m. to 8 p.m., Alaska local time, at the Hilton Hotel, 500 W 
3rd Ave., Anchorage, AK 99501.
    The second public hearing will be on April 18, 2017, 10 a.m. to 12 
p.m., Pacific daylight time, at the International Pacific Halibut 
Commission office, 2320 West Commodore Way, Suite 300, Seattle, WA 
98199.
    The third public hearing will be held on April 19, 2017, 1 p.m. to 
3 p.m., Pacific daylight time, at the Hatfield

[[Page 13303]]

Marine Science Center, Lavern Weber Room, 2030 SE Marine Science Drive, 
Newport, OR 97365.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2016-0154, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0154, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    Electronic copies of Amendments 114 and 104 and the Draft 
Environmental Assessment/Regulatory Impact Review prepared for this 
action (collectively the ``Analysis'') may be obtained from 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Gretchen Harrington or Jennifer 
Watson, 907-586-7228.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires that each regional 
fishery management council submit any fishery management plan amendment 
it prepares to NMFS for review and approval, disapproval, or partial 
approval by the Secretary of Commerce. The Magnuson-Stevens Act also 
requires that NMFS, upon receiving a fishery management plan amendment, 
immediately publish a notice in the Federal Register announcing that 
the amendment is available for public review and comment. This notice 
announces that proposed Amendments 114/104 to the FMPs are available 
for public review and comment.
    NMFS manages the groundfish fisheries in the exclusive economic 
zone under the FMPs. The North Pacific Fishery Management Council 
(Council) prepared the FMPs under the authority of the Magnuson-Stevens 
Act, 16 U.S.C. 1801 et seq. Regulations governing U.S. fisheries and 
implementing the FMP appear at 50 CFR parts 600 and 679.
    Amendments 114/104 to the FMPs would amend the Council's fisheries 
research plan prepared under the authority of section 313 of the 
Magnuson-Stevens Act. NMFS published regulations implementing the plan 
on November 21, 2012 (77 FR 70062). The Council's fisheries research 
plan is implemented through the North Pacific Observer Program 
(Observer Program) and its purpose is to collect data necessary for the 
conservation, management, and scientific understanding of the 
groundfish and halibut fisheries off Alaska.
    In December 2016, the Council adopted Amendments 114/104 to 
integrate electronic monitoring (EM) into the Observer Program. The 
Observer Program is an integral component in the management of North 
Pacific fisheries. The Observer Program provides the regulatory 
framework for NMFS-certified observers (observers) to be deployed 
onboard vessels to obtain information necessary for the conservation 
and management of the groundfish fisheries, and, although not managed 
under the FMPs, the halibut fisheries. The information collected by 
observers contributes to the best available scientific information used 
to manage the fisheries in furtherance of the purposes and national 
standards of the Magnuson-Stevens Act. Observers collect biological 
samples and information on total catch, including bycatch, and 
interactions with protected species. Managers use data collected by 
observers to manage groundfish catch and bycatch limits established in 
regulation and to document fishery interactions with protected 
resources. Managers also use data collected by observers to inform the 
development of management measures that minimize bycatch and reduce 
fishery interactions with protected resources. Scientists use observer-
collected data for stock assessments and marine ecosystem research.
    In 2013, the Council and NMFS restructured the Observer Program to 
address longstanding concerns about statistical bias of observer-
collected data and cost inequality among fishery participants with the 
funding and deployment structure under the previous Observer Program 
(77 FR 70062, November 21, 2012). The restructured Observer Program 
established two observer coverage categories: Partial and full. All 
groundfish and halibut vessels and processors are included in one of 
these two categories. The partial coverage category includes fishing 
sectors (vessels and processors) that are not required to have an 
observer at all times. The partial coverage category includes catcher 
vessels, shoreside processors, and stationary floating processors when 
they are not participating in a catch share program with a 
transferrable prohibited species catch limit. Small catcher/processors 
that meet certain criteria are also in the partial coverage category. 
Proposed Amendments 114/104 are designed to integrate EM in the partial 
coverage category and would not change provisions in the FMP that apply 
to the full coverage category.
    NMFS contracts with an observer provider and determines when and 
where observers are deployed, based on a scientific sampling design for 
the partial coverage category. The restructured Observer Program 
created a new observer funding system to fund observer deployment in 
the partial coverage category. Vessels and processors in the partial 
coverage category pay a fee equal to1.25 percent of the fishery ex-
vessel value.
    The restructured Observer Program includes vessel sectors (the 
halibut sector and the less than 60 ft. length overall (LOA) groundfish 
sector) that were not subject to any observer requirements under the 
previous program. Even before implementing the restructured Observer 
Program, many vessel owners and operators new to the Observer Program 
were opposed to carrying an observer (77 FR 70062, November 21, 2012). 
Vessel owners and operators explained that there is limited space on 
board for an additional person or limited space in the vessel's life 
raft. Some vessel owners, operators, and industry representatives 
advocated for the use of EM instead of having an observer on board 
their vessels. To address their concerns, the Council and NMFS have 
been actively engaged in developing EM as a tool to collect fishery 
data.
    In 2013, NMFS developed, and the Council adopted, the Strategic 
Plan for Electronic Monitoring and Electronic Reporting in the North 
Pacific to guide integration of monitoring technologies into North 
Pacific fisheries management and provide goals and benchmarks to 
evaluate attainment of goals (available on the Alaska Fisheries Science 
Center Web site at http://www.afsc.noaa.gov/Publications/AFSC-TM/NOAA-TM-AFSC-276.pdf).
    In 2014, the Council appointed an EM Workgroup to develop an EM 
program

[[Page 13304]]

to integrate into the Observer Program. The EM Workgroup provides a 
forum for stakeholders, including the commercial fishery participants, 
NMFS, Alaska Department of Fish and Game, and EM service providers, to 
cooperatively and collaboratively design, test, and develop EM systems, 
and to identify key decision points related to operationalizing and 
integrating EM systems into the Observer Program in a strategic manner. 
Amendments 114/104 reflect the design and recommendations of the EM 
Workgroup. Additional information on the work of the EM Workgroup is 
provided in the Analysis (see ADDRESSES).
    The Council and NMFS developed EM for data collection for vessels 
that use nontrawl gear in the partial coverage category to address 
their desire for an alternative way to collect fisheries data in 
consideration of the operating requirements of these fisheries. 
Nontrawl gear fishery participants identified unique issues with 
carrying an observer. Vessel owners and operators explained that there 
is limited space onboard for an additional person or limited space in 
the vessel's life raft. EM has the potential to reduce economic and 
operational costs associated with deploying human observers throughout 
coastal Alaska. Through the use of EM, it may be possible to obtain at-
sea data from a broader cross-section of the nontrawl gear fleet at 
lower cost and increase flexibility to respond to the scientific and 
management needs of these fisheries.
    Proposed Amendments 114/104 would revise the FMPs to include 
provisions for the use of EM systems in the Executive Summary, Section 
3.2.4, Section 3.9, and Appendix A. Under proposed Amendments 114/104, 
owners or operators of vessels using nontrawl gear in the partial 
coverage category would be able to choose to use an EM system instead 
of carrying an observer. An EM system uses cameras, a video storage 
devise, and associated sensors to passively record and monitor fishing 
activities. The video is reviewed by an analyst onshore at a later time 
to collect catch and effort information.
    NMFS would contract with an EM service provider to install EM 
systems on vessels. NMFS would use a portion of the fee revenues to 
fund EM systems and EM deployment under proposed Amendments 114/104, as 
authorized by section 313 of the Magnuson-Stevens Act.
    The EM service provider would work with the vessel owner or 
operator to develop the vessel monitoring plan. The vessel monitoring 
plan would describe how fishing operations on the vessel would be 
conducted and how the EM system and associated equipment would be 
configured to meet the data collection objectives and purpose of the EM 
program. The proposed rule to implement proposed Amendments 114/104 
provides the details of the responsibilities of vessel owners or 
operators if they decide to participate in EM.
    Owners or operators of vessels using nontrawl gear could request to 
be in the EM selection pool. During the fishing year, NMFS would 
randomly select vessels in the EM selection pool to use an EM system on 
a fishing trip according to the sampling design in the annual 
deployment plan (ADP). The ADP would describe how NMFS plans to deploy 
observers on vessels in the partial coverage category in the upcoming 
year, to determine the criteria for the EM selection pool and to deploy 
EM on fishing trips in the upcoming year. NMFS uses the sampling design 
to generate unbiased estimates of total and retained catch, and catch 
composition in the groundfish and halibut fisheries. NMFS would make 
adjustments to the ADP each year after NMFS conducts a scientific 
evaluation of data collected by observers and EM systems to evaluate 
the impact of changes in observer and EM system deployment and identify 
areas where improvements are needed to collect the data necessary to 
conserve and manage the groundfish and halibut fisheries. The Council 
and its Scientific and Statistical Committee (SSC) review the ADP each 
October, receive public comments on the ADP, and make additional 
recommendations for improvements. NMFS finalizes the ADP in December 
and releases it prior to the start of the fishing year. NMFS posts the 
ADP on the NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov).
    Each year, NMFS would also evaluate in the Annual Report how well 
various aspects of the Observer Program and the EM deployment are 
achieving program goals, identify areas where improvements are needed, 
and make recommendations to modify the sampling design in the upcoming 
ADP. The SSC and Council review the Annual Report each June, and 
receive public comments on the Annual Report, and make additional 
recommendations for improvements. NMFS posts the Annual Report on the 
NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov).
    NMFS is soliciting public comments on proposed Amendments 114/104 
through the end of the comment period (see DATES). NMFS intends to 
publish in the Federal Register and seek public comment on a proposed 
rule that would implement Amendments 114/104, following NMFS' 
evaluation of the proposed rule under the Magnuson-Stevens Act. 
Magnuson-Stevens Act section 313 requires NMFS to provide a 60-day 
public comment period on the proposed rule and conduct a public hearing 
in each state represented on the Council for the purpose of receiving 
public comment on the proposed regulations. The states represented on 
the Council are Alaska, Oregon, and Washington. NMFS will conduct a 
public hearing in each of these states (see DATES).
    People wanting to make an oral statement for the record at the 
public hearing are encouraged to provide a written copy of their 
statement and present it to NMFS at the hearing. If attendance at the 
public hearing is large, the time allotted for individual oral 
statements may be limited. Oral and written statements receive equal 
consideration. There are no limits on the length of written comments 
submitted to NMFS.
    Respondents do not need to submit the same comments on Amendments 
114/104, the proposed rule, and at a public hearing. All relevant 
written and oral comments received by the end of the applicable comment 
period, whether specifically directed to the FMP amendments, this 
proposed rule, or both, will be considered by NMFS in the approval/
disapproval decision for Amendments 114/104 and addressed in the 
response to comments in the final decision. Comments received after end 
of the applicable comment period will not be considered in the 
approval/disapproval decision on Amendments 114/104. To be considered, 
comments must be received, not just postmarked or otherwise 
transmitted, by the last day of the comment period (see DATES).

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

    Dated: March 6, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-04716 Filed 3-9-17; 8:45 am]
BILLING CODE 3510-22-P



                                                  13302                     Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules

                                                  channels allocated by the Commission                    Signaling’’ (March 23, 2016) shall                    DEPARTMENT OF COMMERCE
                                                  to the television broadcast service that                transmit at least one free video stream
                                                  broadcast digital signals broadcast using               on that signal that requires at most the              National Oceanic and Atmospheric
                                                  the ATSC 1.0 standard, but need not be                  signal threshold of a comparable                      Administration
                                                  capable of receiving analog signals or                  received DTV signal, and shall
                                                  signals using the ATSC 3.0 standard.                    simulcast the video programming on                    50 CFR Part 679
                                                  *     *     *     *    *                                that signal on another local broadcast                RIN 0648–BG54
                                                                                                          facility using the current DTV standard.
                                                  PART 73—RADIO BROADCAST                                                                                       Fisheries of the Exclusive Economic
                                                  SERVICES                                                *      *    *     *     *
                                                                                                                                                                Zone Off Alaska; Integrating Electronic
                                                                                                          ■ 5. Section 73.626 is amended by                     Monitoring Into the North Pacific
                                                  ■ 3. The authority citation for part 73                 adding paragraph (g) to read as follows:
                                                  continues to read as follows:                                                                                 Observer Program
                                                    Authority: 47 U.S.C. 154, 303, 309, 310,              § 73.626 DTV Distributed Transmission                 AGENCY:  National Marine Fisheries
                                                  334, 336, and 339.                                      Systems.                                              Service (NMFS), National Oceanic and
                                                  ■ 4. Section 73.616 is amended by                       *     *     *    *      *                             Atmospheric Administration (NOAA),
                                                  revising the first sentence of paragraph                                                                      Commerce.
                                                                                                            (g) All transmitters operating under a
                                                  (e)(1) and adding paragraph (g) to read                                                                       ACTION: Notice of availability of fishery
                                                                                                          single DTS license must follow the same
                                                  as follows:                                                                                                   management plan amendments; request
                                                                                                          digital broadcast television transmission
                                                                                                                                                                for comments; notice of public hearing.
                                                  § 73.616 Post-transition DTV station                    standard.
                                                  interference protection.                                ■ 6. Section 73.682 is amended by                     SUMMARY:    The North Pacific Fishery
                                                  *      *    *     *     *                               adding paragraph (f) to read as follows:              Management Council submitted
                                                     (e) * * *                                                                                                  Amendment 114 to the Fishery
                                                     (1) For evaluating compliance with                   § 73.682    TV transmission standards.                Management Plan for Groundfish of the
                                                  the requirements of this paragraph,                     *      *     *     *     *                            Bering Sea and Aleutian Islands
                                                  interference to populations served is to                                                                      Management Area and Amendment 104
                                                                                                             (f) Alternative digital broadcast
                                                  be predicted based on the most recent                                                                         to the Fishery Management Plan for
                                                                                                          television transmission standard
                                                  official decennial U.S. Census                                                                                Groundfish of the Gulf of Alaska
                                                                                                          authorized.                                           (collectively referred to as the FMPs) to
                                                  population data as identified by the
                                                  Media Bureau in a Public Notice issued                     (1) Next Gen TV service. Effective                 the Secretary of Commerce (Secretary)
                                                  not less than 60 days prior to use of the               [DATE], as an alternative to complying                for review. If approved, Amendments
                                                  data for a specific year in application                 with the requirements set forth in                    114/104 would integrate electronic
                                                  processing, and otherwise according to                  paragraph (d) of this section,                        monitoring into the North Pacific
                                                  the procedure set forth in OET Bulletin                 transmission of digital broadcast                     Observer Program. This action is
                                                  No. 69: ‘‘Longley-Rice Methodology for                  television (DTV) signals may comply                   necessary to improve the collection of
                                                  Evaluating TV Coverage and                              with the standards for such                           data necessary for the conservation,
                                                  Interference’’ (February 6, 2004)                       transmissions set forth in ATSC A/                    management, and scientific
                                                  (incorporated by reference, see                         321:2016, ‘‘System Discovery and                      understanding of managed fisheries.
                                                  § 73.8000), including population served                 Signaling’’ (March 23, 2016)                          Amendments 114/104 are intended to
                                                  within service areas determined in                      (incorporated by reference, see                       promote the goals and objectives of the
                                                  accordance with § 73.622(e),                            § 73.8000).                                           Magnuson-Stevens Fishery
                                                  consideration of whether F(50,10)                                                                             Conservation and Management Act, the
                                                                                                             (2) Continuity of service. The licensee            FMPs, and other applicable laws.
                                                  undesired signals will exceed the
                                                                                                          of a DTV station operating pursuant to                DATES: Comments must be received no
                                                  following desired-to-undesired (D/U)
                                                  signal ratios, assumed use of a                         paragraph (f)(1) shall arrange for another            later than May 9, 2017.
                                                  directional receiving antenna, and use                  DTV station operating in compliance                      Per section 313 of the Magnuson-
                                                  of the terrain dependent Longley-Rice                   with paragraph (d) of this section and                Stevens Act, NMFS will conduct public
                                                  point-to-point propagation model.                       substantially covering such station’s                 hearings to accept oral and written
                                                  * * *                                                   community of license to simulcast such                comments on the proposed rule in
                                                  *      *    *     *     *                               station’s primary program stream.                     Oregon, Washington, and Alaska during
                                                     (g) The interference protection                      Agreements for simulcast under this                   the public comment period.
                                                  requirements contained in this section                  paragraph (g) must be filed with the                     The first public hearing will be held
                                                  apply to television station operations                  Commission.                                           in conjunction with the April meeting of
                                                  under ATSC A/321:2016, ‘‘System                         ■ 7. Section 73.8000 is amended by
                                                                                                                                                                the North Pacific Fishery Management
                                                  Discovery and Signaling’’ (March 23,                                                                          Council on April 6, 2017, 6 p.m. to 8
                                                                                                          adding paragraph (b)(6) to read as
                                                  2016) (incorporated by reference, see                                                                         p.m., Alaska local time, at the Hilton
                                                                                                          follows:
                                                  § 73.8000).                                                                                                   Hotel, 500 W 3rd Ave., Anchorage, AK
                                                  ■ 4. Section 73.624 is amended by                       § 73.8000    Incorporation by reference.              99501.
                                                  adding paragraph (b)(3) to read as                                                                               The second public hearing will be on
                                                                                                          *     *    *     *    *
                                                                                                                                                                April 18, 2017, 10 a.m. to 12 p.m.,
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  follows:
                                                                                                            (b) * * *                                           Pacific daylight time, at the
                                                  § 73.624 Digital television broadcast                     (6) A/321:2016, ‘‘System Discovery                  International Pacific Halibut
                                                  stations.                                               and Signaling’’ (March 23, 2016), IBR                 Commission office, 2320 West
                                                  *      *    *    *     *                                approved for §§ 73.616 and 73.682.                    Commodore Way, Suite 300, Seattle,
                                                     (b) * * *                                                                                                  WA 98199.
                                                     (3) DTV licensees or permittees that                 *     *    *     *    *                                  The third public hearing will be held
                                                                                                          [FR Doc. 2017–04713 Filed 3–9–17; 8:45 am]
                                                  transmit a signal as set forth in A/                                                                          on April 19, 2017, 1 p.m. to 3 p.m.,
                                                  321:2016, ‘‘System Discovery and                        BILLING CODE 6712–01–P                                Pacific daylight time, at the Hatfield


                                             VerDate Sep<11>2014   17:00 Mar 09, 2017   Jkt 241001   PO 00000   Frm 00035   Fmt 4702   Sfmt 4702   E:\FR\FM\10MRP1.SGM   10MRP1


                                                                            Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules                                           13303

                                                  Marine Science Center, Lavern Weber                     under the FMPs. The North Pacific                     categories: Partial and full. All
                                                  Room, 2030 SE Marine Science Drive,                     Fishery Management Council (Council)                  groundfish and halibut vessels and
                                                  Newport, OR 97365.                                      prepared the FMPs under the authority                 processors are included in one of these
                                                  ADDRESSES: You may submit comments                      of the Magnuson-Stevens Act, 16 U.S.C.                two categories. The partial coverage
                                                  on this document, identified by NOAA–                   1801 et seq. Regulations governing U.S.               category includes fishing sectors
                                                  NMFS–2016–0154, by any of the                           fisheries and implementing the FMP                    (vessels and processors) that are not
                                                  following methods:                                      appear at 50 CFR parts 600 and 679.                   required to have an observer at all times.
                                                     • Electronic Submission: Submit all                     Amendments 114/104 to the FMPs                     The partial coverage category includes
                                                  electronic public comments via the                      would amend the Council’s fisheries                   catcher vessels, shoreside processors,
                                                  Federal eRulemaking Portal. Go to                       research plan prepared under the                      and stationary floating processors when
                                                  www.regulations.gov/                                    authority of section 313 of the                       they are not participating in a catch
                                                  #!docketDetail;D=NOAA-NMFS-2016-                        Magnuson-Stevens Act. NMFS                            share program with a transferrable
                                                  0154, click the ‘‘Comment Now!’’ icon,                  published regulations implementing the                prohibited species catch limit. Small
                                                  complete the required fields, and enter                 plan on November 21, 2012 (77 FR                      catcher/processors that meet certain
                                                  or attach your comments.                                70062). The Council’s fisheries research              criteria are also in the partial coverage
                                                     • Mail: Submit written comments to                   plan is implemented through the North                 category. Proposed Amendments 114/
                                                  Glenn Merrill, Assistant Regional                       Pacific Observer Program (Observer                    104 are designed to integrate EM in the
                                                  Administrator, Sustainable Fisheries                    Program) and its purpose is to collect                partial coverage category and would not
                                                  Division, Alaska Region NMFS, Attn:                     data necessary for the conservation,                  change provisions in the FMP that apply
                                                  Ellen Sebastian. Mail comments to P.O.                  management, and scientific                            to the full coverage category.
                                                  Box 21668, Juneau, AK 99802–1668.                       understanding of the groundfish and                      NMFS contracts with an observer
                                                     Instructions: Comments sent by any                   halibut fisheries off Alaska.                         provider and determines when and
                                                  other method, to any other address or                      In December 2016, the Council                      where observers are deployed, based on
                                                  individual, or received after the end of                adopted Amendments 114/104 to                         a scientific sampling design for the
                                                  the comment period, may not be                          integrate electronic monitoring (EM)                  partial coverage category. The
                                                  considered by NMFS. All comments                        into the Observer Program. The                        restructured Observer Program created a
                                                  received are a part of the public record                Observer Program is an integral                       new observer funding system to fund
                                                  and will generally be posted for public                 component in the management of North                  observer deployment in the partial
                                                  viewing on www.regulations.gov                          Pacific fisheries. The Observer Program               coverage category. Vessels and
                                                  without change. All personal identifying                provides the regulatory framework for                 processors in the partial coverage
                                                  information (e.g., name, address),                      NMFS-certified observers (observers) to               category pay a fee equal to1.25 percent
                                                  confidential business information, or                   be deployed onboard vessels to obtain                 of the fishery ex-vessel value.
                                                  otherwise sensitive information                         information necessary for the                            The restructured Observer Program
                                                  submitted voluntarily by the sender will                conservation and management of the                    includes vessel sectors (the halibut
                                                  be publicly accessible. NMFS will                       groundfish fisheries, and, although not               sector and the less than 60 ft. length
                                                  accept anonymous comments (enter ‘‘N/                   managed under the FMPs, the halibut                   overall (LOA) groundfish sector) that
                                                  A’’ in the required fields if you wish to               fisheries. The information collected by               were not subject to any observer
                                                  remain anonymous).                                      observers contributes to the best                     requirements under the previous
                                                     Electronic copies of Amendments 114                  available scientific information used to              program. Even before implementing the
                                                  and 104 and the Draft Environmental                     manage the fisheries in furtherance of                restructured Observer Program, many
                                                  Assessment/Regulatory Impact Review                     the purposes and national standards of                vessel owners and operators new to the
                                                  prepared for this action (collectively the              the Magnuson-Stevens Act. Observers                   Observer Program were opposed to
                                                  ‘‘Analysis’’) may be obtained from                      collect biological samples and                        carrying an observer (77 FR 70062,
                                                  www.regulations.gov.                                    information on total catch, including                 November 21, 2012). Vessel owners and
                                                                                                          bycatch, and interactions with protected              operators explained that there is limited
                                                  FOR FURTHER INFORMATION CONTACT:                        species. Managers use data collected by               space on board for an additional person
                                                  Gretchen Harrington or Jennifer Watson,                 observers to manage groundfish catch                  or limited space in the vessel’s life raft.
                                                  907–586–7228.                                           and bycatch limits established in                     Some vessel owners, operators, and
                                                  SUPPLEMENTARY INFORMATION: The                          regulation and to document fishery                    industry representatives advocated for
                                                  Magnuson-Stevens Fishery                                interactions with protected resources.                the use of EM instead of having an
                                                  Conservation and Management Act                         Managers also use data collected by                   observer on board their vessels. To
                                                  (Magnuson-Stevens Act) requires that                    observers to inform the development of                address their concerns, the Council and
                                                  each regional fishery management                        management measures that minimize                     NMFS have been actively engaged in
                                                  council submit any fishery management                   bycatch and reduce fishery interactions               developing EM as a tool to collect
                                                  plan amendment it prepares to NMFS                      with protected resources. Scientists use              fishery data.
                                                  for review and approval, disapproval, or                observer-collected data for stock                        In 2013, NMFS developed, and the
                                                  partial approval by the Secretary of                    assessments and marine ecosystem                      Council adopted, the Strategic Plan for
                                                  Commerce. The Magnuson-Stevens Act                      research.                                             Electronic Monitoring and Electronic
                                                  also requires that NMFS, upon receiving                    In 2013, the Council and NMFS                      Reporting in the North Pacific to guide
                                                  a fishery management plan amendment,                    restructured the Observer Program to                  integration of monitoring technologies
                                                  immediately publish a notice in the                     address longstanding concerns about                   into North Pacific fisheries management
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Federal Register announcing that the                    statistical bias of observer-collected data           and provide goals and benchmarks to
                                                  amendment is available for public                       and cost inequality among fishery                     evaluate attainment of goals (available
                                                  review and comment. This notice                         participants with the funding and                     on the Alaska Fisheries Science Center
                                                  announces that proposed Amendments                      deployment structure under the                        Web site at http://www.afsc.noaa.gov/
                                                  114/104 to the FMPs are available for                   previous Observer Program (77 FR                      Publications/AFSC-TM/NOAA-TM-
                                                  public review and comment.                              70062, November 21, 2012). The                        AFSC-276.pdf).
                                                     NMFS manages the groundfish                          restructured Observer Program                            In 2014, the Council appointed an EM
                                                  fisheries in the exclusive economic zone                established two observer coverage                     Workgroup to develop an EM program


                                             VerDate Sep<11>2014   17:00 Mar 09, 2017   Jkt 241001   PO 00000   Frm 00036   Fmt 4702   Sfmt 4702   E:\FR\FM\10MRP1.SGM   10MRP1


                                                  13304                     Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules

                                                  to integrate into the Observer Program.                 section 313 of the Magnuson-Stevens                   make additional recommendations for
                                                  The EM Workgroup provides a forum                       Act.                                                  improvements. NMFS posts the Annual
                                                  for stakeholders, including the                            The EM service provider would work                 Report on the NMFS Alaska Region Web
                                                  commercial fishery participants, NMFS,                  with the vessel owner or operator to                  site (http://alaskafisheries.noaa.gov).
                                                  Alaska Department of Fish and Game,                     develop the vessel monitoring plan. The                  NMFS is soliciting public comments
                                                  and EM service providers, to                            vessel monitoring plan would describe                 on proposed Amendments 114/104
                                                  cooperatively and collaboratively                       how fishing operations on the vessel                  through the end of the comment period
                                                  design, test, and develop EM systems,                   would be conducted and how the EM                     (see DATES). NMFS intends to publish in
                                                  and to identify key decision points                     system and associated equipment would                 the Federal Register and seek public
                                                  related to operationalizing and                         be configured to meet the data                        comment on a proposed rule that would
                                                  integrating EM systems into the                         collection objectives and purpose of the              implement Amendments 114/104,
                                                  Observer Program in a strategic manner.                 EM program. The proposed rule to                      following NMFS’ evaluation of the
                                                  Amendments 114/104 reflect the design                   implement proposed Amendments 114/                    proposed rule under the Magnuson-
                                                  and recommendations of the EM                           104 provides the details of the                       Stevens Act. Magnuson-Stevens Act
                                                  Workgroup. Additional information on                    responsibilities of vessel owners or                  section 313 requires NMFS to provide a
                                                  the work of the EM Workgroup is                         operators if they decide to participate in            60-day public comment period on the
                                                  provided in the Analysis (see                           EM.                                                   proposed rule and conduct a public
                                                  ADDRESSES).                                                Owners or operators of vessels using               hearing in each state represented on the
                                                     The Council and NMFS developed                       nontrawl gear could request to be in the              Council for the purpose of receiving
                                                  EM for data collection for vessels that                 EM selection pool. During the fishing                 public comment on the proposed
                                                  use nontrawl gear in the partial coverage               year, NMFS would randomly select                      regulations. The states represented on
                                                  category to address their desire for an                 vessels in the EM selection pool to use               the Council are Alaska, Oregon, and
                                                  alternative way to collect fisheries data               an EM system on a fishing trip                        Washington. NMFS will conduct a
                                                  in consideration of the operating                       according to the sampling design in the               public hearing in each of these states
                                                  requirements of these fisheries.                        annual deployment plan (ADP). The                     (see DATES).
                                                  Nontrawl gear fishery participants                      ADP would describe how NMFS plans                        People wanting to make an oral
                                                  identified unique issues with carrying                  to deploy observers on vessels in the                 statement for the record at the public
                                                  an observer. Vessel owners and                          partial coverage category in the                      hearing are encouraged to provide a
                                                  operators explained that there is limited               upcoming year, to determine the criteria              written copy of their statement and
                                                  space onboard for an additional person                  for the EM selection pool and to deploy               present it to NMFS at the hearing. If
                                                  or limited space in the vessel’s life raft.             EM on fishing trips in the upcoming                   attendance at the public hearing is large,
                                                  EM has the potential to reduce                          year. NMFS uses the sampling design to                the time allotted for individual oral
                                                  economic and operational costs                          generate unbiased estimates of total and              statements may be limited. Oral and
                                                  associated with deploying human                         retained catch, and catch composition                 written statements receive equal
                                                  observers throughout coastal Alaska.                    in the groundfish and halibut fisheries.              consideration. There are no limits on
                                                  Through the use of EM, it may be                        NMFS would make adjustments to the                    the length of written comments
                                                  possible to obtain at-sea data from a                   ADP each year after NMFS conducts a                   submitted to NMFS.
                                                  broader cross-section of the nontrawl                   scientific evaluation of data collected by               Respondents do not need to submit
                                                  gear fleet at lower cost and increase                   observers and EM systems to evaluate                  the same comments on Amendments
                                                  flexibility to respond to the scientific                the impact of changes in observer and                 114/104, the proposed rule, and at a
                                                  and management needs of these                           EM system deployment and identify                     public hearing. All relevant written and
                                                  fisheries.                                              areas where improvements are needed                   oral comments received by the end of
                                                                                                          to collect the data necessary to conserve             the applicable comment period, whether
                                                     Proposed Amendments 114/104                          and manage the groundfish and halibut                 specifically directed to the FMP
                                                  would revise the FMPs to include                        fisheries. The Council and its Scientific             amendments, this proposed rule, or
                                                  provisions for the use of EM systems in                 and Statistical Committee (SSC) review                both, will be considered by NMFS in the
                                                  the Executive Summary, Section 3.2.4,                   the ADP each October, receive public                  approval/disapproval decision for
                                                  Section 3.9, and Appendix A. Under                      comments on the ADP, and make                         Amendments 114/104 and addressed in
                                                  proposed Amendments 114/104, owners                     additional recommendations for                        the response to comments in the final
                                                  or operators of vessels using nontrawl                  improvements. NMFS finalizes the ADP                  decision. Comments received after end
                                                  gear in the partial coverage category                   in December and releases it prior to the              of the applicable comment period will
                                                  would be able to choose to use an EM                    start of the fishing year. NMFS posts the             not be considered in the approval/
                                                  system instead of carrying an observer.                 ADP on the NMFS Alaska Region Web                     disapproval decision on Amendments
                                                  An EM system uses cameras, a video                      site (http://alaskafisheries.noaa.gov).               114/104. To be considered, comments
                                                  storage devise, and associated sensors to                  Each year, NMFS would also evaluate                must be received, not just postmarked or
                                                  passively record and monitor fishing                    in the Annual Report how well various                 otherwise transmitted, by the last day of
                                                  activities. The video is reviewed by an                 aspects of the Observer Program and the               the comment period (see DATES).
                                                  analyst onshore at a later time to collect              EM deployment are achieving program
                                                  catch and effort information.                                                                                   Authority: 16 U.S.C. 1801 et seq.
                                                                                                          goals, identify areas where
                                                     NMFS would contract with an EM                       improvements are needed, and make                       Dated: March 6, 2017.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  service provider to install EM systems                  recommendations to modify the                         Karen H. Abrams,
                                                  on vessels. NMFS would use a portion                    sampling design in the upcoming ADP.                  Acting Deputy Director, Office of Sustainable
                                                  of the fee revenues to fund EM systems                  The SSC and Council review the Annual                 Fisheries, National Marine Fisheries Service.
                                                  and EM deployment under proposed                        Report each June, and receive public                  [FR Doc. 2017–04716 Filed 3–9–17; 8:45 am]
                                                  Amendments 114/104, as authorized by                    comments on the Annual Report, and                    BILLING CODE 3510–22–P




                                             VerDate Sep<11>2014   17:00 Mar 09, 2017   Jkt 241001   PO 00000   Frm 00037   Fmt 4702   Sfmt 9990   E:\FR\FM\10MRP1.SGM   10MRP1



Document Created: 2018-02-01 14:52:45
Document Modified: 2018-02-01 14:52:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of availability of fishery management plan amendments; request for comments; notice of public hearing.
DatesComments must be received no later than May 9, 2017.
ContactGretchen Harrington or Jennifer Watson, 907-586-7228.
FR Citation82 FR 13302 
RIN Number0648-BG54

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR