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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Proposed Rules
fishing mortality. In addition, these effort controls would be subject to inseason modifications and fishery closures based on industry-wide landings. Conversely, the ability to participate in the sector fishery would provide increased efficiency and flexibility to fishing businesses by exempting sector members from common pool limits. The proposed rule will not have a significant economic impact on a substantial number of small entities, and small entities would not be placed at a competitive disadvantage relative to large entities. As a result, an initial regulatory flexibility analysis is not required and none has been prepared.
This proposed rule does not contain a change to a collection of information requirement for purposes of the Paperwork Reduction Act of 1995. The existing collection of information requirements would continue to apply under the following OMB Control Numbers: 06480605; Northeast Multispecies Amendment 16.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 24, 2021.
Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For the reasons stated in the preamble, 50 CFR part 648 is proposed to be amended as follows:
PART 648FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:

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

2. In 648.2, add the definitions for electronic monitoring data, raw, and video reviewer in alphabetical order to read as follows:

648.2

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Prohibitions.

k
14
x Leave port to begin a trip before an at-sea monitor has arrived and boarded the vessel if assigned to carry an at-sea monitor for that trip, or without an operational electronic monitoring system installed on board, as specified in 648.87b5iiiA.

xii Fail to comply with the electronic monitoring system requirements as specified in 684.87b5iiiA2.
xiii Fail to comply with the vessel monitoring plan requirements as specified in 648.87b5iiiA3.

4. In 648.87, a. Revise paragraphs b1vB
introductory text, b1vB1
introductory text, b4 introductory text, b4iD through J, b4ii introductory text, b4iiA6, b4iiB through D, b4iiG, and b4iiH1;
b. Add paragraphs b4iiH4 and b4iv; and c. Revise paragraphs b5iiiA, b5iiiB2, and b5ivB.
The revisions and additions to read as follows:
Sector allocation.

Electronic monitoring data means the data that are created in the collection of fishery-dependent data by electronic monitoring systems during fishing operations, including the video, images, and other sensor data, as well as the metadata that provides information e.g., trip sail date, vessel information about the raw data.

Raw, with respect to electronic monitoring, means the original, unaltered video footage, images, and
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648.14

648.87

Definitions.

other sensor data collected by an electronic monitoring system.

Video reviewer means any electronic monitoring service provider staff approved/certified by NMFS for providing electronic monitoring video review services consistent with electronic monitoring program requirements.

3. In 648.14, revise paragraph k14x and add paragraphs k14xii and xiii to read as follows:

b
1
v
B Independent third-party monitoring program. A sector must develop and implement an at-sea or electronic monitoring program that is satisfactory to, and approved by, NMFS
for monitoring catch and discards and utilization of sector ACE, as specified in this paragraph b1vB. The primary goal of the at-sea/electronic monitoring program is to verify area fished, as well as catch and discards by species and gear type, in the most cost-effective means practicable. All other goals and
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objectives of groundfish monitoring programs at 648.11l are considered equally-weighted secondary goals. The details of any at-sea or electronic monitoring program must be specified in the sectors operations plan, pursuant to paragraph b2xi of this section, and must meet the operational standards specified in paragraph b5
of this section. Electronic monitoring may be used in place of at-sea monitors if the technology is deemed sufficient by NMFS for a specific trip type based on gear type and area fished, in a manner consistent with the Administrative Procedure Act. The level of coverage for trips by sector vessels is specified in paragraph b1vB1 of this section.
The at-sea/electronic monitoring program shall be reviewed and approved by the Regional Administrator as part of a sectors operations plans in a manner consistent with the Administrative Procedure Act. A service provider providing at-sea or electronic monitoring services pursuant to this paragraph b1vB must meet the service provider standards specified in paragraph b4 of this section, and be approved by NMFS in a manner consistent with the Administrative Procedure Act.
1 Coverage levels. Except as specified in paragraph b1vB1i of this section, any service provider providing at-sea or electronic monitoring services required under this paragraph b1vB1 must provide coverage that is fair and equitable, and distributed in a statistically random manner among all trips such that coverage is representative of fishing activities by all vessels within each sector and by all operations of vessels operating in each sector throughout the fishing year. Coverage levels for an atsea or electronic monitoring program, including video review requirements, shall be specified by NMFS, pursuant to paragraph b1vB1i of this section, but shall be less than 100
percent of all sector trips. In the event that a NMFS-sponsored observer and a third-party at-sea monitor are assigned to the same trip, only the NMFS
observer must observe that trip. If an atsea monitor is assigned to a particular trip, a vessel may not leave port without the at-sea monitor on board. If a vessel is using electronic monitoring to comply with the monitoring requirements of this part, it may not leave port without an operational electronic monitoring system on board.

4 Independent third-party monitoring provider standards. Any service provider intending to provide at-

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