Action status
- Implemented
- Undergoing NMFS Review
- Approved by Council
- Under development by the Council
Finding cost efficiencies and flexibility for monitoring the trawl rationalization program is a Council priority. In this regard, using at-sea electronic monitoring (EM) to reduce observer costs has been a major focus. In addition, the potential use of EM in lieu of an observer can create a flexible option for vessel operations.
In 2014, 2016, and 2017 the Council recommended regulatory action to allow the use of electronic monitoring on all vessels participating in the trawl catch share program. The Council also recommended that exempted fishing permits (EFPs) for electronic monitoring be used to test the Council’s draft EM Program to inform further development of the electronic monitoring policies. Learn more about the decisions for the development of the electronic monitoring program here.
A final rule to implement the EM Program for the whiting and fixed gear catch shares fisheries on the West Coast was issued on June 28, 2019. The effective date for the regulations is set for January 1, 2021.
However, at its June 2020 meeting, the Council recommended a delay in program implementation until January 1, 2022 in order to provide more time for industry and the Pacific States Marine Fisheries Commission (PSMFC) to develop a model for industry to fund PSMFC for review of video from their fishing trips. NMFS published a subsequent proposed rule (85 FR 53313; August 28, 2020) and final rule (85 FR 74614; November 23, 2020) that delayed implementation of the EM program until January 1, 2022.
The Council further discussed delaying the regulations in 2021 as there was interest in industry-funded video review and storage by PSMFC and reducing concerns about records retention and confidentiality. The Council in June 2021 subsequently transmitted a letter to NMFS recommending a delay in implementation of the EM program regulations and extending the EM EFPs. At its September 2021 meeting, the Council made a final recommendation that the EM program be delayed until January 2024 at the earliest. NMFS implemented the interim rule (86 FR 55525) on October 6, 2021 to delay implementation until 2024.
In 2022, the NMFS issued the final rule for the bottom trawl and non-whiting midwater trawl fisheries (87 FR 59705) which was to be consistent with the 2021 interim rule that the EM regulations would not be effective until January 1, 2024 at the earliest.
In February of 2022, the Council also began scoping several issues brought forth by the industry via the Council’s Ad Hoc Groundfish Electronic Monitoring Policy Advisory and Technical Advisory Committees (GEMPAC/TAC). The GEMPAC/TAC identified regulatory changes that may provide some cost savings and more efficiencies to the program, including modifying deadlines in Federal regulations for EM service providers to process EM data and submit vessel logbooks to NMFS. The Council took final action in March 2023 and the final rule implementing these changes was implemented in December 2023 (88 FR 81354).
The EM regulatory program officially began on January 1, 2024. For more details on the program, please visit the NMFS website on electronic monitoring.