[Federal Register Volume 59, Number 50 (Tuesday, March 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5925]


[[Page Unknown]]

[Federal Register: March 15, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 625

[Docket No. 920543-4030; I.D. 112493C]

 

Summer Flounder Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Interim final rule.

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SUMMARY: NMFS issues this interim final rule to amend the regulations 
implementing the Fishery Management Plan for the Summer Flounder 
Fishery (FMP). This rule requires Federally permitted summer flounder 
dealers to submit weekly reports even if no fish are received during a 
particular week, and owners of vessels having summer flounder 
moratorium permits to maintain accurate daily fishing logs and submit 
them each month regardless of species fished for or taken. Other minor 
language changes are made to the regulations regarding dealer and 
vessel reporting to clarify intent. The intended effect of this rule is 
to achieve consistency and effectiveness by standardizing the reporting 
requirements for all Federally managed fisheries in the Northeast 
Region.

DATES: Effective on April 13, 1994. Written comments must be received 
on or before April 13, 1994.

ADDRESSES: Written comments should be mailed to Richard B. Roe, 
Regional Director, National Marine Fisheries Service, One Blackburn 
Drive, Gloucester, MA 01930. Mark the outside of the envelope 
``Comments on Summer Flounder Negative Reporting''. Copies of the 
Regulatory Impact Review, Initial Regulatory Flexibility Analysis, and 
Environmental Impact Statement for Amendment 2 may be obtained from 
David R. Keifer, Mid-Atlantic Fishery Management Council, room 2115 
Federal Building, 300 South New Street, Dover, DE 19901-6790.

    Comments regarding the burden-hour estimates or any other aspect of 
the collection-of-information requirements contained in this rule 
should be sent to Richard B. Roe at the address listed above for the 
Northeast Regional Office, and the Office of Management and Budget 
(Attention: NOAA Desk Officer), Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Hannah Goodale, Fishery Policy 
Analyst, (508-281-9101).

SUPPLEMENTARY INFORMATION: A final rule implementing Amendment 2 to the 
FMP published December 4, 1992, required summer flounder dealer 
reporting effective on January 1, 1993. A final rule implementing a 
resubmitted portion of Amendment 2 required vessel fishing log reports 
to be submitted beginning January 1, 1994 (58 FR 35891, July 2, 1993).
    Existing regulations at Sec. 625.6(a) require dealers to report, on 
a weekly basis, information concerning purchases from vessels that land 
summer flounder. Under the current regulations, a dealer is required to 
submit a report only if summer flounder are purchased. As a result, it 
is impossible to determine whether a dealer report was not submitted 
because summer flounder were not purchased or because of a disregard 
for the regulations. Although negative reporting is not explicitly 
discussed in Amendment 2, the Council has requested that NMFS revise 
the reporting requirements at Sec. 625.6(a) to require negative 
reporting. The Council's request reflects the intent of Amendment 2 
that all summer flounder purchased by Federally permitted dealers be 
accurately reported. This is essential for maintaining the integrity of 
the annual quota.
    Also at the Council's request, Sec. 625.6(b) is revised to clarify 
that vessels with moratorium permits must maintain and submit accurate 
daily fishing log reports for all fishing trips regardless of species 
fished for or taken. This change makes clear to owners and operators 
that all species taken by the vessel must be recorded even if the 
vessel is not directing, or has unsuccessfully directed, its effort 
toward harvesting summer flounder.
    Section 625.6(c), which specifies reporting requirements pertaining 
to vessels issued a summer flounder party or charter permit, is also 
revised to make clear that if a vessel also has been issued a 
moratorium permit, it must report all trips regardless of whether 
summer flounder are retained. Thus, all vessels issued a moratorium 
permit are subject to the same reporting requirements. Vessel which are 
issued a party or charter permit, but which are not issued a moratorium 
permit, must report a trip only if summer flounder are landed. This 
clarification is needed to prevent confusion in the industry since some 
vessels hold permits for both commercial and party/charter activities.
    Standardized requirements are desirable for several reasons. The 
dealer and vessel reporting requirements of the FMP are only a part of 
the Northeast Region Mandatory Data Reporting System. Amendments to the 
Fishery Management Plans for Northeast Multispecies and Atlantic Sea 
Scallops contain reporting requirements that are expected to be 
implemented early in 1994. Both the New England and Mid-Atlantic 
Fishery Management Councils are likely to add mandatory reporting 
requirements to other FMPs.
    Because it is common for fishermen and dealers holding Federal 
permits to participate in one or more of the fisheries that are, or 
will be, subject to the reporting requirements, uniform reporting 
requirements should minimize reporting burdens and confusion. NMFS 
believes that its uniform requirements are the least complicated, most 
convenient for the industry, and most effective way for the Council and 
NMFS to collect the information necessary to manage Northeast Region 
fisheries. Implementation of these regulations will further the goal of 
a uniform standardized system by providing consistency among the 
reporting requirements of the summer flounder, multispecies, and 
scallop fishery management plans.
    A provision is added to Sec. 625.8 (Prohibitions) to make it a 
violation for vessel owners, operators, and dealers not to comply with 
recordkeeping and reporting requirements.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has initially 
determined that this interim final rule is necessary for the 
conservation and management of the summer flounder fishery and is 
consistent with the Magnuson Act and other applicable law.
    This rule is subject to the requirements of the Paperwork Reduction 
Act. The requirement in Sec. 625.6(a)(1) for dealers to provide 
negative reports has been approved by the Office of Management and 
Budget (OMB) under control number 0648-0229. A response is estimated to 
take 2 minutes. Section 625.6(a)(2) contains an annual reporting 
requirement that dealers complete the ``Employment Data'' section of 
the processed product report. A response is estimated to take 2 
minutes.
    The logbook requirement in Sec. 625.6(b)(1) is a clarification of a 
requirement approved by OMB under control number 0648-0212. A response 
is estimated to take 5 minutes. Send comments regarding this burden 
estimate or any other aspect of these collection-of-information 
requirements, including suggestions for reducing the burden, to Richard 
B. Roe, NMFS, and to OMB (see ADDRESSES).
    The AA finds there is good cause to waive prior notice and 
opportunity for comment under 5 U.S.C. 553(b). The AA finds that 
providing prior notice and opportunity for comment is unnecessary and 
not in the public interest. To the extent that this rule clarifies the 
intent of existing reporting requirements, opportunity for comment 
would serve no purpose. The other changes are necessary to prevent 
confusion in the fishing industry with reporting requirements in 
Amendment 4 to the FMP for Sea Scallops and Amendment 5 to the FMP for 
Northeast Multispecies that are expected to be implemented early in 
1994 and to provide for the effective management of the summer flounder 
fishery. However, because this rule changes some of the reporting 
requirements previously applicable, the AA is not waiving the 30-day 
delay in effective date required by 5 U.S.C. 553(d) in order for all in 
the fishery to come into compliance. Opportunity for post issuance 
comment is being provided, and comments received will be considered in 
issuing a final rule.

List of Subjects in 50 CFR Part 625

    Fisheries, Reporting and recordkeeping requirements.

    Dated: March 9, 1994.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 625 is amended 
as follows:

PART 625--SUMMER FLOUNDER FISHERY

    1. The authority citation for part 625 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. Section 625.6 is amended by revising paragraphs (a)(1) through 
(a)(4), redesignating paragraph (a)(5) as (a)(6), adding a new 
paragraph (a)(5), revising paragraphs (b) and (c) to read as follows:


Sec. 625.6  Recordkeeping and reporting requirements.

    (a) Dealers. (1) Weekly report. Dealers must send by mail to the 
Regional Director, or official designee, on a weekly basis on forms 
supplied by or approved by the Regional Director, a report on fish 
purchases. If authorized in writing by the Regional Director, dealers 
may submit reports electronically or through other media. The following 
information and any other information required by the Regional 
Director, must be provided in the report: Name and mailing address of 
dealer; dealer number; name and permit number of the vessels from which 
fish are landed or received; dates of purchases; pounds by species; 
price by species; and port landed. If no fish are purchased during the 
week, a report so stating must be submitted.
    (2) Annual report. All persons required to submit reports under 
paragraph (a)(1) of this section are required to complete the 
``Employment Data'' section of the Annual Processed Products Reports; 
completion of other sections on that form is voluntary. Required data 
are the number of employees handling fishery products by month. Reports 
for a given calendar year must be submitted to: NMFS Statistics, 166 
Water Street, Woods Hole, MA 02543, and must be postmarked by February 
10 of the following year.
    (3) Inspection. Upon the request of an authorized officer, or by an 
employee of NMFS designated by the Regional Director to make such 
inspections, the dealer must make immediately available for inspection 
copies of the required reports that have been submitted, or should have 
been submitted, and the records upon which the reports were based.
    (4) Record retention. Copies of reports, and records upon which the 
reports were based, must be retained and be available for review for 1 
year after the date of the last entry on the report. The dealer must 
retain such reports and records at its principal place of business.
    (5) Submitting reports. Reports must be received or postmarked, if 
mailed, within 3 days after the end of each reporting week. Each dealer 
will be sent forms and instructions, including the address to which to 
submit reports, shortly after receipt of a dealer permit. If no fish 
were purchased during a week, a report so stating must be submitted.
* * * * *
    (b) Vessel owners issued a moratorium permit. (1) Fishing log 
reports. The owner of any vessel issued a moratorium permit under 
Sec. 625.4 must maintain on board the vessel, and submit, an accurate 
daily fishing log report for all fishing trips regardless of species 
fished for or taken, on forms supplied by or approved by the Regional 
Director. If authorized in writing by the Regional Director, vessel 
owners may submit reports electronically, for example by using a vessel 
tracking system or other media. At least the following information, and 
any other information required by the Regional Director, must be 
provided: Vessel name, U.S. Coast Guard (USCG) documentation number (or 
state registration number if undocumented); permit number; date/time 
sailed; date/time landed; trip type; number of crew; 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; pounds by species of all 
species landed or discarded; dealer permit number; dealer name; date 
sold; port and state landed; and vessel operator's name, signature, and 
operator permit number (if applicable).
    (2) When to fill in the log. Such log reports must be filled in, 
expect for information required but not yet ascertainable, before 
offloading has begun. All information in paragraph (b)(1) of this 
section must be filled in for each fishing trip before starting the 
next fishing trip.
    (3) Inspection. Upon the request of an authorized officer, or an 
employee of NMFS designated by the Regional Director to make such 
inspections, at any time during or after a trip, owners and operators 
must make immediately available for inspection, the fishing log reports 
currently in use, or to be submitted.
    (4) Record retention. Copies of the fishing log reports must be 
retained and available for review for 1 year after the date of the last 
entry on the log.
    (5) Submitting reports. Fishing log reports must be received or 
postmarked, if mailed, within 15 days after the end of the reporting 
month. Each owner will be sent forms and instructions, including the 
address to which to submit reports, shortly after receipt of a Federal 
Fisheries Permit. If no fishing trip is made during a month, a report 
so stating must be submitted.
    (c) Owners of party and charter boats.
    (1) Fishing log reports. The owner of any party or charter boat 
issued a moratorium permit under Sec. 625.4 and carrying passengers for 
hire shall maintain on board the vessel, and submit, an accurate daily 
fishing log report for each charter or party fishing trip, even if no 
summer flounder is retained, on forms supplied by or approved by the 
Regional Director. The owner of any party or charter boat issued a 
summer flounder permit other than a moratorium permit and carrying 
passengers for hire shall maintain on board the vessel, and submit, an 
accurate daily fishing log report for each charter or party fishing 
trip which lands summer flounder. If authorized in writing by the 
Regional Director, vessel owners may submit reports electronically, for 
example, by using a vessel tracking system or other media. At least the 
following information, and any other information required by the 
Regional Director, must be provided: Vessel name, U.S. Coast Guard 
(USGC) documentation number (or state registration number if 
undocumented); permit number; date/time sailed; date/time landed; trip 
type; number of crew; number of anglers, quantity and size of gear; 
chart area fished; average depth; latitude/longitude (or loran station 
and bearings); average tow time duration; count by species of all 
species landed or discarded; port and state landed; and vessel 
operator's name, signature, and operator permit number (if applicable).
    (2) When to fill in the log. Such log reports must be filled in 
before offloading has begun. All information required in paragraph 
(c)(1) of this section must be filled in for each fishing trip by the 
end of each fishing trip.
    (3) Inspection. Upon the request of an authorized officer, or an 
employee of NMFS designated by the Regional Director to make such 
inspections, at any time during or after a trip, owners and operators 
must make immediately available for inspection the fishing log reports 
currently in use, or to be submitted.
    (4)  Record retention. Copies of the fishing log reports must be 
retained and available for review for 1 year after the date of the last 
entry on the log.
    (5) Submitting reports. Fishing log reports must be received or 
postmarked, if mailed, within 15 days after the end of the reporting 
month. Each owner will be sent forms and instructions, including the 
address to which to submit reports, shortly after receipt of a Federal 
Fisheries Permit. If no summer flounder is landed or no fishing trip is 
made during a month, a report so stating must be submitted.
    3. Section 625.8, paragraph (c)(2) is revised to read as follows:


Sec. 625.8  Prohibitions.

* * * * *
    (c) * * *
    (2) If subject to the permitting requirements in Sec. 625.4 or 
Sec. 625.5, to offload, cause to be offloaded, sell or buy, whether on 
land or at sea, as an owner, operator, dealer, buyer or receiver, 
without accurately preparing and submitting in a timely fashion the 
documents required by Sec. 625.6.
* * * * *
[FR Doc. 94-5925 Filed 3-14-94; 8:45 am]
BILLING CODE 3510-22-M