[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)]
[Proposed Rules]
[Pages 31343-31347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13349]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No: 110907562-5455-02]
RIN 0648-BB40
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Omnibus
Amendment To Simplify Vessel Baselines
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to approve an Omnibus Amendment to the Fishery
Management Plans of the Northeastern United States to simplify vessel
baselines. This Omnibus Amendment to Simplify Vessel Baselines, which
was submitted by the Mid-Atlantic and New England Fishery Management
Councils, would eliminate the one-time limit on vessel upgrades and
remove gross and net tonnages from the vessel baseline specifications
that are considered when determining a vessel's baseline for
replacement purposes. Implementing these measures would reduce the
administrative burden to permit holders and NMFS and would have little
effect on fleet capacity.
This proposed rule would also remove the requirement for vessels to
send in negative fishing reports (i.e., ``did not fish'' reports)
during months or weeks when fishing did not occur. NMFS no longer needs
these reports due to improved trip-level matching. Therefore, NMFS is
proposing to remove this requirement to simplify the regulations and
reduce reporting burdens for the industry.
DATES: Written comments must be received on or before July 17, 2015.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2011-0213, by either of the following methods:
ELECTRONIC SUBMISSION: Submit all electronic public comments via
the Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2011-0213,
2. Click the ``Comment Now!'' icon, complete the required fields,
3. Enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or
[[Page 31344]]
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, etc.), 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).
Copies of the Omnibus Amendment to Simplify Vessel Baselines, and
of the draft Environmental Assessment and preliminary Regulatory Impact
Review (EA/RIR), are available from the Greater Atlantic Regional
Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. The
EA/RIR is also accessible via the Internet at:
www.greateratlantic.fisheries.noaa.gov.
To review Federal Register documents referenced in this rule, you
can visit: http://www.greateratlantic.fisheries.noaa.gov/mediacenter/ongoing/omnibus_amendment_to_simplify_vessel_baselines.html.
FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst,
978-281-9233.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each Regional
Fishery Management Council to submit any Fishery Management Plan (FMP)
amendment it prepares to NMFS for review and approval, disapproval, or
partial approval. The Magnuson-Stevens Act also requires that NMFS,
upon receiving an FMP amendment, immediately publish notification in
the Federal Register that the amendment is available for public review
and comment. The New England Fishery Management Council (NEFMC) and the
Mid-Atlantic Fishery Management Council (MAFMC) approved this Baseline
Amendment, which would simplify vessel baseline requirements, at their
November 18, 2014, and October 8, 2014, meetings, respectively.
Following these approvals and on behalf of the Councils, NMFS prepared
additional analyses for the amendment based on the preferred
alternatives and, once those were completed, declared a transmittal
date of May 12, 2015. Both Councils have reviewed the proposed Baseline
Amendment regulations as drafted by NMFS, and deemed them necessary and
appropriate, as specified in section 303(c) of the MSA. If approved by
NMFS, this amendment would simplify the specifications considered when
determining a vessel's baseline for replacement purposes.
Background
The MAFMC developed the first limited entry program in 1977 for the
surfclam/quahog fishery, which included restrictions on replacement
vessels. This program required that a replacement vessel be of
``substantially similar capacity'' in an effort to maintain but not
increase the harvest capacity of the fleet at that time. Over the
following two decades, the MAFMC and NEFMC implemented additional
limited entry programs. By 1998, there were four different sets of
vessel upgrade and replacement restrictions among the various FMPs. The
upgrade restrictions became confusing for fishing industry members with
more than one limited access permit, because different vessel upgrade
regulations could apply to each permit. In addition, some vessels added
limited access permits that originally qualified on another vessel that
was a different size and/or horsepower. This results in a vessel having
multiple baselines. Thus, in 1999, the MAFMC and NEFMC, in consultation
with NMFS, developed the Amendment to Achieve Regulatory Consistency on
Permit Related Provisions for Vessels Issued Limited Access Federal
Fishery Permits (64 FR 8263, February 19, 1999) (Consistency Amendment)
to streamline and make consistent baseline provisions and upgrade
restrictions across FMPs.
The Consistency Amendment standardized definitions and restrictions
for vessel baselines, upgrades, and replacements across all limited
access fisheries. It simplified regulations for vessel replacements,
permit transfers, and vessel upgrades, making them consistent and less
restrictive in order to facilitate business transactions. Although the
Consistency Amendment did standardize the vessel baseline requirements
for the fisheries of the northeast, some burdensome requirements
remain. Under current restrictions, a vessel baseline is defined by
vessel length overall, gross tonnage, net tonnage, and horsepower. We
determine the baseline for a limited access permit based on the size
(length, gross tonnage, and net tonnage) and horsepower of the first
vessel issued a limited access permit for that fishery or, for
fisheries that adopted baseline restrictions through the Consistency
Amendment, the permitted vessel at the time the final rule became
effective.
Current baseline regulations require that a replacement vessel or
an upgrade made to an existing vessel with a limited access permit be
within 10 percent of the size and 20 percent of the horsepower of the
permit's baseline vessel. To respect the NEFMC and the MAFMC's intended
baseline restrictions of individual fisheries, for vessels with
multiple baselines, we use the most restrictive of the baselines to
judge the approval of a replacement vessel or upgrade, unless the
permit holder chooses to relinquish the more restrictive permit. In
addition, current baseline regulations limit permit holders to a one-
time upgrade of the vessel size and horsepower specifications. For
example, we limit a vessel owner that has a 60-ft (18.3-m) baseline
length to upgrading to a vessel of up to 66 ft (20.1 m). However, if he
moves his permit to a 62-ft (18.9-m) vessel for any reason, it would
constitute his one-time size upgrade and he would lose the ability to
upgrade to a vessel of 66 ft (20.1 m). He would only be able to move
his permit to a vessel of 62 ft (18.9 m) or less. Because he used his
one-time size upgrade, he would not be able upgrade the vessel's
tonnages. He would still be able use his horsepower upgrade to upgrade
his horsepower by 20 percent, but only once.
The Baseline Amendment would:
1. Eliminate gross and net tonnage from the baseline specifications
considered when determining a vessel's baseline for replacement
purposes. Both the Councils and NMFS consider tonnages the most
variable of vessel baseline specifications and, therefore, they have
little effect on limiting vessel capacity when compared to length and
horsepower restrictions. There is more than one acceptable method of
determining tonnages, and the tonnages of a vessel can vary
significantly depending on whether an exact measurement or simplified
calculation is used. In addition, vessel owners can circumvent net
tonnage limits by modifying internal bulkheads. Eliminating tonnages
would simplify the vessel baseline verification and replacement
process. In addition, it could reduce the cost burden on the industry
if they only need horsepower verification because this would eliminate
the need for a marine survey prior to any permit transactions.
2. Remove the one-time limit on vessel upgrades. Eliminating the
one-time upgrade limit would provide more flexibility for vessel owners
in the selection of replacement vessels and upgrades to existing
vessels. Some vessel owners have been constrained by the one-time limit
because they or a previous owner did not maximize the
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one-time upgrade with a previous vessel replacement, due to cost or
availability or for other reasons, and have since been unable to
further upgrade the vessel. Eliminating the one-time limit would also
simplify the baseline verification and vessel replacement process for
vessel owners and NMFS by eliminating the need to research and document
whether a vessel owner used the one-time upgrade during the vessel's
entire limited access history.
This rule proposes to remove the requirement for vessels to send in
negative fishing reports (i.e., ``did not fish'' reports) during months
or weeks when fishing did not occur. This was not part of the Baseline
Amendment, but is the result of an internal review of the trip-level
reporting requirements conducted by the joint Greater Atlantic Regional
Fisheries Office-Northeast Fisheries Science Center Fishery Dependent
Data Committee (FDDC) during the past year. The division of the Office
of Management and Budget (OMB) responsible for the Paperwork Reduction
Act (PRA), in the interest of reducing compliance costs for small
businesses, noted a potential cost savings for fishermen if we remove
the DNF report and asked that we investigate the possibility of
removing it. As a result of that review, the FDDC has recommended that
the negative fishing reports are no longer necessary because the
ability to determine if a vessel has engaged in fishing activity and
submitted required trip reports has increased in recent years due to
improved trip-level data matching and the expansion of other monitoring
systems (e.g., Vessel Monitoring Systems). Therefore, in order to
simplify the regulations and reduce reporting burdens for the industry,
we are proposing to eliminate the negative fishing reports requirement
in this action under the Secretary's authority at section 305(d) of the
Magnuson-Stevens Act. Vessel owners would still be required to report
all fishing trip activity on a monthly or weekly basis, depending on
the requirements associated with their vessel permits.
Classification
Pursuant to section 303(c) of the Magnuson-Stevens Act, the MAFMC
and the NEFMC have deemed the proposed regulations, with the exception
of those noted above as proposed under the Secretary's authority at
Sec. 305(d), to be necessary and appropriate for the purpose of
implementing the Baseline Amendment.
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the Baseline Amendment, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
A notice of availability of the Draft EA/RIR, which analyzed the
impacts of all the measures under consideration in the Baseline
Amendment, was published at 80 FR 28217, May 18, 2014.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The proposed action would apply to all federally permitted fishing
vessels operating in the Northeast Region subject to one or more of the
affected FMPs (Black Sea Bass, Summer Flounder, Scup, Atlantic Herring,
Illex Squid, Longfin Squid, Atlantic Mackerel, Mahogany Quahog,
Monkfish, Northeast Multispecies, Atlantic Sea Scallop, and Red Crab).
The proposed rule, if finalized, would eliminate the one-time limit on
vessel upgrades and remove gross and net tonnages from vessel baseline
specifications considered when determining a vessel's baseline for
replacement purposes. It would also remove the requirement for vessels
to send in negative fishing reports (i.e., ``did not fish'' reports)
during months or weeks when fishing did not occur. Implementing these
measures would reduce the administrative burden to permit holders,
leading to increased profits for the regulated community.
Removing tonnages from vessel baselines may also simplify or
eliminate the need for a permit holder to hire a naval architect to
determine and document tonnage if it was not previously established.
NMFS estimates the resulting average cost savings of as much as $375
per survey. Removing tonnages and upgrades may negate the need for a
permit holder to hire a third party to research the permit's history
and prepare the replacement application. Estimates of the costs for
these third party services were not available, but NMFS estimates that
permit holders spend an average of 3 hours, or $270 in labor costs,
preparing vessel replacement applications.
Removing the one-time upgrade limit would also simplify
administration of vessel baselines by eliminating the need for permit
holders and NMFS to determine whether a permit already used its one-
time upgrade or an upgrade to tonnage at some point in its history.
This research can be a substantial time and cost burden for a permit
holder, especially if the permit has changed hands several times.
In addition, removing the requirement to send in negative fishing
reports would relieve a substantial time and cost burden for permit
holders. The relief of burden estimates for removing this requirement
applies to all federally permitted vessels. In 2014, NMFS received
approximately 78,000 did not fish reports. We estimated public
reporting burden for submitting these reports to average 2 min per
response with an associated cost of $0.45. Therefore, 78,000 did not
fish reports would reduce total compliance costs by $35,100, and reduce
reporting burden by 2,600 hours annually.
Because there are cost savings resulting from this proposed rule,
the impact on small entities would be a positive one. Therefore, this
rule would not impose significant costs or burdens on any small
entities. No small entities would be placed at a competitive
disadvantage to large entities, and the regulations would not reduce
the profit for any small entities. Because this rule will not have a
significant economic impact on a substantial number of small entities,
an Initial Regulatory Flexibility Analysis is not required and none has
been prepared.
The proposed action contains collection-of-information requirements
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA). The request to remove
the collection burden for vessel gross and net tonnages, vessel
upgrades, and did not fish report requirements will be submitted to OMB
for approval under the NMFS Northeast Region Scallop Report Family of
Forms (OMB Control No. 0648-0202 and 0648-0212).
Vessels would no longer be required to send in negative fishing
reports (i.e., ``did not fish'' reports) during months or weeks when
fishing did not occur. Vessel owners would still be required to report
all fishing trip activity on a monthly or weekly basis, depending on
the requirements associated with their vessel permits. The collection
of negative fishing reports is no longer needed to determine if a
vessel has engaged in fishing activity and submitted required trip
reports due to improved trip-level data matching and the expansion of
other monitoring systems (e.g., Vessel Monitoring Systems).
[[Page 31346]]
The relief of burden estimates for removing this requirement
applies to all federally permitted vessels. In 2014, NMFS received
approximately 78,000 did not fish reports. We estimated public
reporting burden for submitting these reports to average 2 min per
response with an associated cost of $0.45.
Therefore, 78,000 did not fish reports would reduce total
compliance costs by $35,100, and reduce reporting burden by 2,600 hr
annually.
Public comment is sought regarding: Whether this proposed reduction
in collection of information is appropriate for the proper performance
of the functions of the agency, including whether the forgone
information would still have practical utility; the accuracy of the
reduction in burden estimate; ways to enhance the quality, utility, and
clarity of the information to be collected; and ways to minimize the
burden of the collection of information, including through the use of
automated collection techniques or other forms of information
technology. Send comments on these or any other aspects of the
collection of information to the Regional Administrator (See ADDRESSES
above), and email to [email protected], or fax to (202) 395-
5806.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number. All currently approved NOAA
collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.
This action contains no other compliance costs. It does not
duplicate, overlap, or conflict with any other Federal law.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements,
Incorporation by reference.
Dated: May 27, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
Sec. 648.2 [Amended]
0
2. In Sec. 648.2, remove the definition of ``Substantially similar
harvesting capacity.''
0
3. In Sec. 648.4, revise paragraphs (a)(1)(i)(E)(1), (a)(1)(i)(E)(2),
(a)(1)(i)(F)(1), (a)(1)(i)(F)(2), (a)(1)(i)(H), (a)(3)(i)(H),
(a)(13)(i)(E)(1), (a)(13)(i)(F), and (a)(13)(i)(H) to read as follows:
Sec. 648.4 Vessel permits.
(a) * * *
(1) * * *
(i) * * *
(E) * * *
(1) The replacement vessel's horsepower may not exceed the
horsepower of the vessel's baseline specifications by more than 20
percent, as applicable.
(2) The replacement vessel's length overall may not exceed the
length overall of the vessel's baseline specifications by more than 10
percent, as applicable.
(F) * * *
(1) The upgraded vessel's horsepower may not exceed the horsepower
of the vessel's baseline specifications by more than 20 percent, as
applicable.
(2) The upgraded vessel's length overall may not exceed the
vessel's baseline length overall by more than 10 percent, as
applicable.
* * * * *
(H) Vessel baseline specifications. The vessel baseline
specifications in this section are the respective specifications
(length, horsepower) of the vessel that was initially issued a limited
access permit as of the date the initial vessel applied for such
permit.
* * * * *
(3) * * *
(i) * * *
(H) Vessel baseline specifications. The vessel baseline
specifications in this section are the respective specifications
(length, horsepower) of the vessel as of March 22, 1999, unless the
vessel is in the process of construction or rerigging or under
agreement or written contract for construction or rerigging, as of the
effective baseline specification date in which case the baseline
specifications will be established no later than February 19, 2000.
* * * * *
(13) * * *
(i) * * *
(E) * * *
(1) To be eligible for a limited access permit under this section,
the replacement vessel's length overall may not exceed the vessel's
baseline length overall by more than 10 percent. The replacement vessel
must also meet any other applicable criteria under paragraph
(a)(13)(i)(F) of this section.
* * * * *
(F) Upgraded vessel. A vessel may be upgraded, whether through
refitting or replacement, and be eligible to retain or renew a limited
access permit, provided that the new length overall of the upgraded
vessel does exceed the vessel's baseline length overall by more than 10
percent, as applicable.
* * * * *
(H) Vessel baseline length. The vessel baseline length in this
section is the overall length of the vessel indicated on the vessel's
initial limited access permit as of the date the initial vessel applies
for such permit.
* * * * *
0
4. In Sec. 648.7, revise paragraphs (b)(1)(i) and (f)(2)(i) to read as
follows:
Sec. 648.7 Recordkeeping and reporting requirements.
* * * * *
(b) * * *
(1) * * *
(i) The owner or operator of any vessel issued a valid permit or
eligible to renew a limited access permit under this part must maintain
on board the vessel, and submit, an accurate fishing log report for
each fishing trip, regardless of species fished for or taken, on forms
supplied by or approved by the Regional Administrator. If authorized in
writing by the Regional Administrator, a vessel owner or operator may
submit reports electronically, for example by using a VMS or other
media. With the exception of those vessel owners or operators fishing
under a surfclam or ocean quahog permit, at least the following
information and any other information required by the Regional
Administrator must be provided: Vessel name; USCG documentation number
(or state registration number, if undocumented); permit number; date/
time sailed; date/time landed; trip type; number of crew; number of
anglers (if a charter or party boat); gear fished; quantity and size of
gear; mesh/ring size; chart area fished; average depth; latitude/
longitude (or loran station and bearings); total hauls per area fished;
average tow time duration; hail weight, in pounds (or count of
individual fish, if a party or charter vessel), by species, of all
species, or parts of species, such as monkfish livers, landed or
discarded; and, in the case of skate discards, ``small'' (i.e., less
than 23 inches (58.42 cm), total length) or ``large'' (i.e., 23 inches
(58.42 cm) or greater, total length) skates; dealer permit number;
dealer name; date sold, port and state landed; and vessel
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operator's name, signature, and operator's permit number (if
applicable).
* * * * *
(f) * * *
(2) * * *
(i) For any vessel not issued a NE multispecies; Atlantic herring
permit; or any Atlantic mackerel, longfin squid, Illex squid, or
butterfish permit; fishing vessel log reports, required by paragraph
(b)(1)(i) of this section, must be postmarked or received by NMFS
within 15 days after the end of the reporting month. For any vessel
issued a NE multispecies permit; Atlantic herring permit; or any
Atlantic mackerel, longfin squid, Illex squid, or butterfish permit;
fishing vessel log reports must be postmarked or received by midnight
of the first Tuesday following the end of the reporting week. For the
purposes of this paragraph (f)(2)(i), the date when fish are offloaded
will establish the reporting week or month the VTR must be submitted to
NMFS, as appropriate.
* * * * *
0
5. In Sec. 648.14, revise paragraphs (b)(4) and (k)(2)(i) to read as
follows:
Sec. 648.14 Prohibitions.
* * * * *
(b) * * *
(4) Fish for, possess, or land species regulated under this part
with or from a vessel that is issued a limited access or moratorium
permit under Sec. 648.4(a) and that has had the horsepower or length
overall of such vessel or its replacement upgraded or increased in
excess of the limitations specified in Sec. 648.4(a)(1)(i)(E) and (F).
* * * * *
(k) * * *
(2) * * *
(i) Fish for, possess, or land NE multispecies with or from a
vessel that has had the length overall of such vessel, or its
replacement, increased or upgraded in excess of limitations specified
in Sec. 648.4(a)(1)(i)(E) and (F).
* * * * *
0
6. In Sec. 648.82, revise paragraphs (l)(1)(ii) and (l)(1)(iii) to
read as follows:
Sec. 648. 82 Effort-control program for NE multispecies limited
access vessels.
(l) * * *
(1) * * *
(ii) NE multispecies DAS may be transferred only to a vessel with a
baseline main engine horsepower rating that is no more than 20 percent
greater than the baseline engine horsepower of the transferor vessel.
NE multispecies DAS may be transferred only to a vessel with a baseline
length overall that is no more than 10 percent greater than the
baseline length overall of the transferor vessel. For the purposes of
this program, the baseline horsepower and length overall are those
associated with the permit as of January 29, 2004. Upon approval of the
transfer, the baseline of the transferee vessel would be the smaller
baseline of the two vessels or the vessel owner could choose to adopt
the larger baseline of the two vessels provided such an upgrade is
consistent with provisions of this paragraph (l)(1)(ii). A vessel that
has executed a one-time downgrade of a DAS Leasing Program baseline in
accordance with paragraph (k)(4)(xi) is subject to the restrictions of
paragraph (k)(4)(xi)(C) of this section.
(iii) The transferor vessel must transfer all of its Federal
limited access permits for which it is eligible to the transferee
vessel in accordance with the vessel replacement restrictions under
Sec. 648.4, or permanently cancel such permits. When duplicate permits
exist, i.e., those permits for which both the transferor and transferee
vessel are eligible, one of the duplicate permits must be permanently
cancelled.
* * * * *
[FR Doc. 2015-13349 Filed 6-1-15; 8:45 am]
BILLING CODE 3510-22-P