[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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