50 CFR § 600.1600-600.1610. Magnuson-Stevens Act Provisions - Standardised Bycatch Reporting Methodology

232 50 CFR Ch. VI (10–1–22 Edition) § 600.1600 (1) All eligibility and process require ments specified by NMFS are met as described in NMFS Policy Directive 06– 102; and (2) The replacement type-approved EMTU/EMTU-C is installed on the ves sel, and reporting to NMFS Office of Law Enforcement; and (3) The type-approval for the pre viously installed EMTU/EMTU-C has been revoked by NMFS; or (4) NMFS requires the vessel owner to purchase a new EMTU/EMTU-C prior to the end of an existing unit’s service life. (b) The cap for individual reimburse ment payments is subject to change. If this occurs, NMFS Office of Law En forcement will publish a notice in the FEDERAL REGISTER announcing the change. Subpart R—Standardized Bycatch Reporting Methodology SOURCE: 82 FR 6337, Jan. 19, 2017, unless otherwise noted. § 600.1600 Purpose and scope. Section 303(a)(11) of the Magnuson Stevens Act requires that any fishery management plan (FMP) with respect to any fishery shall establish a stand ardized reporting methodology to as sess the amount and type of bycatch occurring in the fishery. 16 U.S.C. 1853(a)(11). The purpose of a standard ized reporting methodology is to col lect, record, and report bycatch data in a fishery that, in conjunction with other relevant sources of information, are used to assess the amount and type of bycatch occurring in the fishery and inform the development of conserva tion and management measures that, to the extent practicable, minimize by catch and bycatch mortality. This sub part sets forth requirements for and guidance on establishing and reviewing a standardized reporting methodology. § 600.1605 Definitions and word usage. (a) Definitions. In addition to the defi nitions in the Magnuson-Stevens Act and § 600.10, standardized reporting meth odology means an established, con sistent procedure or procedures used to collect, record, and report bycatch data in a fishery, which may vary from one fishery to another. Bycatch assessment is not part of the standardized report ing methodology, but must be consid ered as described in § 600.1610(a)(2)(iv). (b) Word usage. The terms ‘‘bycatch’’ and ‘‘fishery’’ are used in the same manner as in 16 U.S.C. 1802. The terms ‘‘must’’, ‘‘should’’, ‘‘may’’, ‘‘will’’, ‘‘could’’, and ‘‘can’’ are used in the same manner as in § 600.305(c). The term ‘‘Council’’ is used in the same manner as in § 600.305(d)(10), and in cludes the regional fishery manage ment Councils and the Secretary of Commerce, as appropriate (16 U.S.C. 1854(c) and (g)). § 600.1610 Establishing and reviewing standardized bycatch reporting methodologies in fishery manage ment plans. (a) Establishing a standardized report ing methodology—(1) Fishery management plan contents. An FMP must identify the required procedure or procedures that constitute the standardized re porting methodology for the fishery. The required procedures may include, but are not limited to, one or more of the following: Observer programs, elec tronic monitoring and reporting tech nologies, and self-reported mechanisms (e.g., recreational sampling, industry reported catch and discard data). The FMP, or a fishery research plan au thorized under 16 U.S.C. 1862, must ex plain how the standardized reporting methodology meets the purpose de scribed in § 600.1600, based on an anal ysis of the requirements under § 600.1610(a)(2). The FMP, or fishery re search plan authorized under 16 U.S.C. 1862, may reference analyses and infor mation in other FMPs, FMP amend ments, Stock Assessment and Fishery Evaluation (SAFE) reports, or other documents. Councils should work to gether and collaborate on standardized reporting methodologies for fisheries that operate across multiple jurisdic tions, as appropriate. In addition to proposing regulations necessary to im plement the standardized reporting methodology, a Council should also provide in its FMP, or a fishery re search plan authorized under 16 U.S.C. 1862, guidance to NMFS on how to ad just implementation of a standardized reporting methodology consistent with 233 Fishery Conservation and Management Pt. 622 the FMP. See National Standard 6 guidelines, § 600.335. (2) Requirements for standardized re porting methodology. The FMP must es tablish a standardized reporting meth odology as provided under § 600.1610(a)(1) that meets the specific purpose described in § 600.1600. Due to the inherent diversity of fisheries, dif ferent standardized reporting meth odologies may be appropriate for dif ferent fisheries. However, when estab lishing or reviewing a standardized re porting methodology, a Council must address the following: (i) Information about the characteristics of bycatch in the fishery. A Council must address information about the charac teristics of bycatch in the fishery, when available, including, but not lim ited to: The amount and type of by catch occurring in the fishery, which may vary based on different fishing ac tivities and operations; the importance of bycatch in estimating the fishing mortality of fish stocks; and the effect of bycatch on ecosystems. (ii) Feasibility. The implementation of a standardized reporting methodology must be feasible from cost, technical, and operational perspectives. However, feasibility concerns do not exempt an FMP from the requirement to establish a standardized reporting methodology. Recognizing that costs and funding may vary from year to year, a Council must also address how implementation of the standardized reporting method ology may be adjusted while con tinuing to meet the purpose described under § 600.1600. (iii) Data uncertainty. A Council must address the uncertainty of the data re sulting from the standardized reporting methodology. The standardized report ing methodology must be designed so that the uncertainty associated with the resulting bycatch data can be de scribed, quantitatively or quali tatively. The Council should seek to minimize uncertainty in the resulting data, recognizing that different degrees of data uncertainty may be appropriate for different fisheries. (iv) Data use. A Council must address how data resulting from the standard ized reporting methodology are used to assess the amount and type of bycatch occurring in the fishery. A Council must consult with its scientific and statistical committee and/or the re gional National Marine Fisheries Serv ice science center on reporting method ology design considerations such as data elements, sampling designs, sam ple sizes, and reporting frequency. The Council must also consider the sci entific methods and techniques avail able to collect, record, and report by catch data that could improve the quality of bycatch estimates. Different standardized reporting methodology designs may be appropriate for dif ferent fisheries. (b) Review of FMPs. All FMPs must be consistent with this subpart by Feb ruary 21, 2022. Therefore, a Council, in coordination with NMFS, must con duct a review of its FMPs for consist ency with this subpart. A Council does not need to amend an FMP if NMFS de termines that it is consistent with this subpart. Thereafter, Councils, in co ordination with NMFS, should conduct a review of standardized reporting methodologies at least once every 5 years in order to verify continued com pliance with the MSA and this subpart. PART 622—FISHERIES OF THE CAR IBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC Subpart A—General Provisions Sec. 622.1 Purpose and scope. 622.2 Definitions and acronyms. 622.3 Relation to other laws and regula tions. 622.4 Permits and fees—general. 622.5 Recordkeeping and reporting—general. 622.6 Vessel identification. 622.7 Fishing years. 622.8 Quotas—general. 622.9 Prohibited gear and methods—general. 622.10 Landing fish intact—-general. 622.11 Bag and possession limits—general applicability. 622.12 Annual catch limits (ACLs) and ac countability measures (AMs) for Carib bean island management areas/Caribbean EEZ. 622.13 Prohibitions—general. 622.14 [Reserved] 622.15 Notice regarding area closures to pro tect corals. 622.16 Notice regarding South Atlantic spe cial management zones (SMZs). 622.17 Notice regarding seasonal/area clo sures to protect Gulf reef fish.