[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Rules and Regulations]
[Pages 42610-42612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19137]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Doc. No. 170113076-7772-02]
RIN 0648-BG60
Omnibus Framework Adjustment Requiring Electronic Vessel Trip
Reporting for Federally-Permitted Party and Charter Vessel Operators in
the Mid-Atlantic Region
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This action approves and implements regulations submitted by
the Mid-Atlantic Fishery Management Council in an Omnibus Framework
Adjustment to all of its fishery management plans. The Electronic
Vessel Trip Report Framework implements a requirement for charter and
party vessels that hold a permit to fish for Atlantic bluefish, black
sea bass, scup, summer flounder, tilefish, squid, Atlantic mackerel,
and/or butterfish, while on a trip carrying passengers for hire, to
submit required vessel trip reports by electronic means. This action is
intended to increase the timeliness, accuracy, and quality of fisheries
data submitted to NMFS while also reducing the burden on the charter
and party fishing fleets.
DATES: This rule is effective March 12, 2018.
ADDRESSES: Copies of supporting documents used by the Mid-Atlantic
Fishery Management Council, including the Framework Adjustment with
[[Page 42611]]
Regulatory Impact Review (RIR) is available from: John K. Bullard,
Regional Administrator, National Marine Fisheries Service, 55 Great
Republic Drive, Gloucester, MA 01930. The Framework/RIR is accessible
via the Internet at http://www.greateratlantic.fisheries.noaa.gov.
These documents are also accessible via the Federal eRulemaking Portal:
http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Daniel Luers, Fishery Management
Specialist, (978) 282-8457, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
For the past 25 years, NMFS has mandated reporting of catch,
landings, and trip information through vessel trip reports (VTR).
Between 1992 and 1996, NMFS implemented this requirement for most
vessels holding Federal fishing permits in Northeast Atlantic
fisheries. In 2004, mandatory electronic reporting by federally
permitted dealers was implemented for almost all federally-managed
species. Requirements for weekly submissions of VTRs were implemented
in 2010 for fisheries under catch shares, with weekly reporting later
expanded to herring, mackerel, and surf clam/ocean quahog individual
fishing quota fisheries. In July 2011, the NMFS Greater Atlantic
Regional Fisheries Office (GARFO) approved the use of electronic
reporting of VTRs on a limited and voluntary basis for a segment of the
groundfish fleet, and, in 2013, NMFS made electronic vessel trip
reports (eVTR) available as an alternative to submitting handwritten
hardcopies for all fishery management plans (FMP) in the region.
Owners and operators of vessels possessing permits for fisheries
managed by Mid-Atlantic Fishery Management Council (MAFMC) FMPs are
required to submit a VTR for every commercial, party, or charter trip
taken, regardless of where they fish (state or Federal waters) or what
they catch. MAFMC-managed species that include a for-hire VTR
requirement include black sea bass, bluefish, scup, summer flounder,
tilefish, Atlantic mackerel, squid, and butterfish.
Current regulations require vessel owners or operators with permits
for MAFMC-managed species to submit VTRs monthly to GARFO by the 15th
day of the month following the month in which the trip occurred. The
Atlantic Mackerel, Squid, and Butterfish FMP requires weekly VTR
reporting. If a trip encompasses multiple NMFS statistical areas, a
separate VTR must be submitted for each statistical area where fishing
activity takes place. A separate VTR is also required for each
reporting period. If a vessel does not land any fish on a trip, all
trip information must be completed and ``No Catch'' entered in as the
species code name. A VTR is required regardless of where fishing
occurs, meaning that a vessel subject to these requirements in the
Greater Atlantic must report even if they fish in the Southeast or any
other region (does not apply to vessels holding only an American
lobster permit). Because VTRs are in addition to any other reports
which may be required by other Regions, states, or plans, multiple
reports may be required. VTRs, and any records upon which the reports
were based, must be kept on board the vessel for at least one year and
retained by the owner/operator for a total of three years after the
date of the last entry on the report.
Approved Measures
The Omnibus eVTR Framework requires charter and party vessels that
hold a permit for species managed by MAFMC FMPs, while on a trip
carrying passengers for hire, to submit VTRs by electronic means. These
vessels are required to submit these eVTRs through a NOAA-approved
software application within 48 hours following the completion of a
fishing trip. Federally permitted vessel owners and operators on
commercial fishing trips will maintain the option to submit VTRs
through hardcopy by mail or through electronic means.
Comments and Responses on Measures Proposed in the eVTR Omnibus
Framework
We received six comments on the proposed rule (May 24, 2017, 82 FR
23770): Five from fishing industry members and one from a company that
specializes in marine electronic reporting technology. All comments
supported adopting this framework. We consolidated responses to similar
comments and our responses are below.
Comment 1: All six commenters suggested that this action would
improve the timeliness and accuracy of data used for management of the
affected fisheries, and supported the implementation of this framework.
Response: We agree. This Framework was designed to result in more
accurate and more timely data for use in better management of the
fisheries affected by this action.
Comment 2: Four commenters suggested that eVTRs are more accurate
and timely than the Marine Recreational Information Program (MRIP),
which is the primary recreational data collection program.
Response: NMFS is mandated to use the best available science in
making management decisions. Since 2005, Northeast VTR data has been
incorporated into the effort estimate for the for-hire fleet at the end
of the year. Recently, MRIP began incorporating VTR effort data into
the preliminary in-season estimates. This framework will further
increase the timeliness and accuracy of data used in future management
decisions.
Comment 3: Two commenters suggested that some members of the
charter/party fleet may have difficulty with electronic reporting due
to lack of technological knowledge. They suggested that these industry
members may need training in the use of this technology, and also
suggested a delayed implementation of this rule to allow these industry
members time to acclimate to the new requirements before the rule went
into effect.
Response: We have incorporated a delay in implementation into this
action, such that it will not take effect until six months after this
rule is published. This is to allow the industry adequate time to
update software and/or receive the training necessary to fulfill the
requirements of this action. In addition, we will work with MAFMC and
approved contractors to provide training sessions for vessel operators
on creating and submitting eVTRs, which will provide the industry with
the knowledge and ability to meet the reporting requirements of this
Framework.
Comment 4: One commenter suggested that similar actions making
eVTRs mandatory should be adopted in Southern Atlantic and Gulf of
Mexico fisheries.
Response: Although we cannot modify another region's regulations,
we are aware that the Gulf of Mexico Fishery Management Council is
currently working with NMFS on a similar regulation for charter vessels
and headboats in the Gulf of Mexico and Atlantic Region. We encourage
providing such comments to the South Atlantic Fishery Management
Council (1-(866)-SAFMC-10, [email protected]), the Gulf of
Mexico Fishery Management Council (1-(888)-833-1844,
[email protected]), and/or the NOAA Southeast Regional Office
(1-(727)-824-5301).
Changes From the Proposed Rule
The final rule for the eVTR Omnibus Framework contains a minor
clarification to the proposed rule. Specifically, NMFS revised
[[Page 42612]]
Sec. [thinsp]648.7(b)(1)(iii) of the proposed rule to include the
stipulation that vessels must submit eVTR reports through a NOAA-
approved software application. This clarification was necessary to
match the MAFMC's intent for this action.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined that this final rule is
consistent with the Atlantic Mackerel, Squid, and Butterfish FMP; the
Bluefish FMP; the Summer Flounder, Scup, and Black Sea Bass FMP; the
Tilefish FMP; other provisions of the Magnuson-Stevens Act; and other
applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This action contains collection-of-information requirements subject
to the Paperwork Reduction Act (PRA) that have been approved by the
Office of Management and Budget (OMB) under Control Number 0648-0212.
Public reporting burden for the new eVTR requirement is estimated
to average 3 minutes per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection information. NMFS estimates that this action will reduce
time and cost burdens from what was previously approved. Specifically,
NMFS estimates that this action will result in a 2-minute reduction
from the previous time burden of 5 minutes per response for paper VTRs
submitted by mail. Thus, the sum of the total burden on vessels
impacted by this rule would be reduced by 642 hr to 10,866 annually.
Additionally, the sum of reporting costs for impacted vessels would be
reduced by $9,000 to $52,000 annually. Send comments regarding these
burden estimates or any other aspects of the collection of information,
including suggestions for reducing the burden, to the Regional
Administrator (see ADDRESSES), and email to
[email protected], or fax to (202) 395-5806.
Notwithstanding any other provisions of the law, no person is
required 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.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this rule will not have a significant economic
impact on a substantial number of small entities. The factual basis for
this determination was published in the proposed rule and is not
repeated here. No public comments were received on the proposed rule
regarding the certification, and NMFS has not received any new
information that would affect its determination. As a result, a final
regulatory flexibility analysis was not required and none has been
prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: September 6, 2017.
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 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.
0
2. In Sec. 648.7, paragraphs (b)(1)(iii) and (f)(2)(iii) are added to
read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
* * * * *
(b) * * *
(1) * * *
(iii) Charter/Party vessel permit owners and operators. The owner
or operator of any fishing vessel that holds a Federal charter/party
(for-hire) permit to fish for Atlantic bluefish, black sea bass, scup,
summer flounder, tilefish, Atlantic mackerel, squid, and/or butterfish,
when on a trip carrying passengers for hire, must submit the required
Vessel Trip Report by electronic means. This report must be submitted
through a software application approved by NMFS, and must contain all
applicable information outlined in paragraph (b)(1)(i) of this section.
* * * * *
(f) * * *
(2) * * *
(iii) Charter/Party vessel electronic log reports, required by
paragraph (b)(1)(iii) of this section, must be submitted within 48
hours after entering port at the conclusion of a trip.
* * * * *
[FR Doc. 2017-19137 Filed 9-8-17; 8:45 am]
BILLING CODE 3510-22-P