[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Rules and Regulations]
[Pages 61727-61728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25009]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
RIN 0648-BA64
Atlantic Highly Migratory Species; Vessel Monitoring Systems
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of effective date for VMS requirements in Atlantic HMS
fisheries.
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SUMMARY: As of January 1, 2013, all vessels participating in Atlantic
HMS fisheries that are subject to VMS requirements, including vessels
with pelagic longline gear on board, vessels with bottom longline gear
on board in the vicinity of the mid-Atlantic closed area (between
33[deg] N and 36[deg]30[min] N) from January 1 to July 31, and vessels
with shark gillnet gear on board fishing between November 15 and April
15, must have an Enhanced Mobile Transmitting Unit (E-MTU) installed by
a qualified marine electrician and must provide hail in/hail out
declarations specifying target species, gear possessed onboard, and
location and timing of landing. These requirements were originally
effective March 1, 2011, consistent with a December 2, 2011 final rule.
On February 29, 2012, NMFS provided notice that HMS vessels could use
either old MTUs or new E-MTUs without providing hail in/hail out
declarations specifying target species, gear possessed onboard, and
location and timing of landing. However, no new installations of MTUs
were permitted, all installations of E-MTUs were required to be done by
a qualified marine electrician, and vessels were to provide hourly
position reports using VMS units starting two hours prior to leaving
port and at all times away from port.
DATES: As of January 1, 2013, all vessels participating in Atlantic HMS
fisheries that are subject to VMS requirements, including vessels with
pelagic longline gear on board, vessels with bottom longline gear on
board in the vicinity of the mid-Atlantic closed area (between 33[deg]
N and 36[deg]30' N) from January 1 to July 31, and vessels with shark
gillnet
[[Page 61728]]
gear on board fishing between November 15 and April 15, must have an E-
MTU VMS unit installed by a qualified marine electrician and must
provide hail in/hail out declarations specifying target species, gear
possessed onboard, and location and timing of landing.
ADDRESSES: Supporting documents associated with the December 2, 2011
final rule, including the Regulatory Impact Review, Final Regulatory
Flexibility Analysis (RIR/FRFA), and compliance guides completed in
conjunction with the December 2, 2011, final rule are available from
Michael Clark, Highly Migratory Species (HMS) Management Division,
Office of Sustainable Fisheries (F/SF1), NMFS, 1315 East West Highway,
Silver Spring, MD 20910. These documents and others, such as the
Fishery Management Plans described below, also may be downloaded from
the HMS Web site at www.nmfs.noaa.gov/sfa/hms/. A list of E-MTU VMS
units that are currently type-approved for use in Atlantic HMS
fisheries is available on the NMFS Office of Law Enforcement Web site
at http://www.nmfs.noaa.gov/ole/docs/2012/noaa_fisheries_service_type.pdf. Copies of this list and other information may be obtained by
contacting the VMS Support Center at (phone) 888-219-9228, (fax) 301-
427-0049, [email protected], or write to NOAA Fisheries Office for
Law Enforcement (OLE), VMS Support Center, 8484 Georgia Avenue, Suite
415, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: For information on this notice and
regulations for Atlantic HMS fisheries, contact Michael Clark (phone:
301-427-8503, fax: 301-713-1917). For questions regarding the status of
VMS provider evaluations, contact Kelly Spalding, VMS Management
Analyst, phone 301-427-2300; fax 301-427-0049. For questions regarding
Atlantic HMS fisheries VMS requirements, contact Pat O'Shaughnessy,
Southeast Division VMS Program Manager, at phone 727-824-5358; fax 727-
824-5318.
SUPPLEMENTARY INFORMATION: On December 2, 2011, NMFS published a final
rule (76 FR 75492) and type approval notice (76 FR 75523) updating VMS
requirements in Atlantic HMS fisheries. The final rule required that as
of March 1, 2012 all HMS vessels subject to VMS requirements have a
type-approved E-MTU VMS unit capable of two-way communication and
installed by a qualified marine electrician install. Further, the final
rule required vessels to declare target species, fishing gear
possessed, and location/timing of landing using the E-MTU VMS unit and
to provide hourly position reports using VMS units starting two hours
prior to leaving port and at all times away from port, effective March
1, 2012.
In late February 2012, we became aware of issues that would affect
the ability of fishermen to obtain the required units and to comply
with the December 2011 rule. Due to these unforeseen circumstances that
would have limited some vessel operators' ability to comply fully with
the E-MTU VMS requirements, NMFS notified provided notice on February
29, 2012, that HMS vessels could use either old MTUs or new E-MTUs and
were not required to provide hail in/hail out declarations specifying
target species, gear possessed onboard, and location and timing of
landing. However, no new installation of MTUs were permitted, any
installations of E-MTUs were required to be done by a qualified marine
electrician, and vessels were required to provide hourly position
reports using VMS units starting two hours prior to leaving port and at
all times away from port.
The issues that would have prevented some vessels from fully
complying with the requirements have now been resolved and NMFS is
announcing that MTU VMS units will no longer be allowed after December
31, 2012.
On any fishing trip beginning on or after January 1, 2013, HMS
vessels subject to VMS requirements must have an E-MTU that was
installed by a qualified marine electrician and must provide hail in/
hail out declarations specifying target species, gear possessed
onboard, and location and timing of landing, as specified in the
December 2011 final rule. This Notice should allow sufficient time for
all HMS vessel owners who have not already replaced their MTU with an
E-MTU to do so prior to January 1, 2013.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: October 5, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-25009 Filed 10-10-12; 8:45 am]
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