Rule2021-19622
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Electronic Reporting for Federally Permitted Charter Vessels and Headboats in Gulf of Mexico Fisheries
Primary source
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Published
September 14, 2021
Effective
July 21, 2020
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the effective date for previously approved vessel location tracking requirements applicable to an owner or operator of charter vessel or headboat for which NMFS has issued a valid Federal charter vessel/headboat permit for federally managed reef fish or coastal migratory pelagic (CMP) species in the Gulf of Mexico (Gulf). The purpose of this final rule is to announce the effective date for vessel location tracking requirements for reef fish and CMP in the Gulf that NMFS previously delayed indefinitely on July 21, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 175 (Tuesday, September 14, 2021)</title>
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[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Rules and Regulations]
[Pages 51014-51016]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19622]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 210907-0179]
RIN 0648-BH72
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Electronic Reporting for Federally Permitted Charter Vessels and
Headboats in Gulf of Mexico Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; effective date.
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SUMMARY: NMFS announces the effective date for previously approved
vessel location tracking requirements applicable to an owner or
operator of charter vessel or headboat for which NMFS has issued a
valid Federal charter vessel/headboat permit for federally managed reef
fish or coastal migratory pelagic (CMP) species in the Gulf of Mexico
(Gulf). The purpose of this final rule is to announce the effective
date for vessel location tracking requirements for reef fish and CMP in
the Gulf that NMFS previously delayed indefinitely on July 21, 2020.
DATES: The effective date for amendments to Sec. Sec. 622.26(b)(5) and
622.374(b)(5)(ii) through (v), published July 21, 2020 (85 FR 44005),
is December 13, 2021.
ADDRESSES: Electronic copies of the Gulf For-hire Reporting Amendment
may be obtained from <a href="http://www.regulations.gov">www.regulations.gov</a> or the Southeast Regional
Office website at <a href="https://www.fisheries.noaa.gov/southeast/et">https://www.fisheries.noaa.gov/southeast/et</a>.
The Gulf For-hire Reporting Amendment includes an environmental
assessment, regulatory impact review, Regulatory Flexibility Act
analysis, and fishery impact statement.
The final rule that published on July 21, 2020 (85 FR 44005), and
other related rulemaking documents, may be obtained from
<a href="http://www.regulations.gov">www.regulations.gov</a>, by searching ``RIN 0648-BH72.''
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted at any time by email to Adam Bailey, NMFS
Southeast Regional Office, <a href="/cdn-cgi/l/email-protection#f69792979bd894979f9a938fb698999797d8919980"><span class="__cf_email__" data-cfemail="82e3e6e3eface0e3ebeee7fbc2ecede3e3ace5edf4">[email protected]</span></a>, or to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast
Regional Office, telephone: 727-824-5305, or email:
<a href="/cdn-cgi/l/email-protection#05776c666d2b6864696c6b6a72766e6c456b6a64642b626a73"><span class="__cf_email__" data-cfemail="11637872793f7c707d787f7e66627a78517f7e70703f767e67">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This final rule is based on the Gulf For-
hire Reporting Amendment, which includes amendments to the Fishery
Management Plans (FMPs) for Reef Fish Resources of the Gulf of Mexico
(Reef Fish FMP) and the Coastal Migratory Pelagic (CMP) Resources of
the Gulf of Mexico and Atlantic Region (CMP FMP). The CMP fishery in
the Gulf is managed under the CMP FMP, an FMP jointly developed by the
Gulf of Mexico Fishery Management Council (Gulf Council) and the South
Atlantic Fishery Management Council (South Atlantic Council). The Gulf
reef fish fishery is managed under the Reef Fish FMP, which is
developed by the Gulf Council. These FMPs are implemented by NMFS
through regulations at 50 CFR part 622 under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
On July 21, 2020, NMFS published the final rule to implement the
Gulf For-hire Reporting Amendment (85 FR 44005). That final rule
summarized the management measures described in the Gulf For-hire
Reporting Amendment
[[Page 51015]]
and implemented by NMFS. However, the July 21, 2020, final rule delayed
indefinitely the effectiveness of vessel location tracking requirements
in 50 CFR 622.26(b)(5) and 622.374(b)(5)(ii) through (v). That final
rule stated that NMFS would announce the effective date for those
provisions in a subsequent document published in the Federal Register.
NMFS delayed the location tracking requirements that apply to a
charter vessel or headboat (for-hire vessel) in the Gulf reef fish and
Gulf CMP fisheries to allow more time to evaluate and approve hardware
and software for use in the Gulf for-hire reporting program. The NMFS
Southeast Regional Office posts all approved vessel location tracking
hardware and software for the Gulf for-hire reporting program,
including vessel monitoring system (VMS) units approved by the NMFS
Office of Law Enforcement (OLE), on the website for the Gulf for-hire
reporting program, <a href="https://www.fisheries.noaa.gov/southeast/et">https://www.fisheries.noaa.gov/southeast/et</a>.
This final rule announces the effective date for requirements
applicable to an owner or operator of a vessel with a Federal charter
vessel/headboat permit for Gulf reef fish or Gulf CMP species
(hereafter referred to as a Gulf for-hire vessel owner or operator). On
and after December 13, 2021, a Gulf for-hire vessel owner or operator
must comply with vessel location tracking requirements in 50 CFR
622.26(b)(5) and 622.374(b)(5)(ii) through (v). NMFS expects that the
time between the publication date and effective date of this final rule
(see DATES section) will allow affected fishery participants to
purchase and install approved hardware and software. NMFS also reminds
Gulf for-hire vessel owners and operators that they must comply with
all of the other requirements of the Gulf for-hire reporting program
that are currently in effect.
Upon the effective date in this final rule, a Gulf for-hire vessel
must have NMFS-approved hardware and software on board with global
positioning system (GPS) location capabilities that, at a minimum,
archive vessel position data during a trip for subsequent transmission
to NMFS. The vessel location-tracking device must collect a vessel's
position at least hourly, unless the in-port 4-hour position reporting
exemption is met, as specified in 50 CFR 622.26(b)(5)(ii)(C) and
622.374(b)(5)(iv)(C).
The vessel location tracking data can be transmitted through a
cellular or satellite-based service via a VMS unit. Cellular-based
systems collect and store data while a vessel is not within range of a
cellular signal, e.g., during the majority of fishing trips in Federal
waters, and then transmit the data when the vessel is within cellular
range. While a vessel is within cellular range, e.g., nearshore or at
the dock, data transmission will be closer to real-time. Satellite-
based systems transmit data as they are collected.
Each Gulf for-hire vessel owner or operator is responsible for
using an approved cellular or satellite VMS that will automatically
transmit vessel location data at some time before offloading fish at
the end of each trip, or within 30 minutes after a trip is completed if
no fish were landed. The vessel's cellular or satellite VMS must be
permanently affixed to the vessel and must have uninterrupted power,
unless the owner or operator applies for and is granted an exemption to
power-down the unit, as specified in 50 CFR 622.26(b)(5)(ii)(D) and
622.374(b)(5)(iv)(D), e.g., if the vessel is removed from the water for
repairs.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with the Gulf For-hire Reporting Amendment, the respective
FMPs, other provisions of the Magnuson-Stevens Act, and other
applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
final rule. No duplicative, overlapping, or conflicting Federal rules
have been identified. A description of this final rule, why it is being
implemented, and the purpose of this final rule are contained in the
SUMMARY and SUPPLEMENTARY INFORMATION sections of this preamble.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment are unnecessary and contrary to the public interest. Such
procedures are unnecessary because NMFS already provided prior notice
and an opportunity for public comment for the vessel monitoring
requirements in the July 21, 2020, final rule. This final rule does not
change any provision of the July 21, 2020, final rule but only
announces the effective date for the previously delayed requirements
(see DATES section). Such procedures would also be contrary to the
public interest because NMFS has already implemented the majority of
the management measures in the Gulf For-Hire Reporting Amendment and
the vessel location tracking requirements will allow NMFS to better
validate the accuracy of data that are currently being submitted
through the required fishing reports. NMFS expects more accurate and
reliable data to improve management of the Gulf for-hire component as
well as management of the Gulf reef fish and CMP fisheries generally.
This final rule contains collection-of-information requirements
approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act (PRA). This final rule does not change the
existing requirements for the collection of information under OMB
Control Number 0648-0016. The public reporting burden for the Southeast
Region Logbook Family of Forms, specifically for a trip declaration, is
estimated to average 2 minutes to complete and 10 minutes per fishing
report. NMFS estimates a VMS power-down exemption request will require
an average of 5 minutes to complete per occurrence. These estimates
include the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information.
NMFS invites the public and other Federal agencies to comment on
any proposed and continuing information collections, which helps NMFS
assess the impact of information collection requirements and minimize
the public's reporting burden. Written comments and recommendations for
this information collection should be submitted on the following
website: <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by using the search function and entering the
title of the collection or the OMB Control Number 0648-0016.
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.
List of Subjects in 50 CFR Part 622
Atlantic, Charter vessel, Coastal migratory pelagic resources,
Fisheries, Fishing, Gulf of Mexico, Headboat, Recordkeeping and
reporting, Reef fish, South Atlantic, Vessel monitoring systems.
[[Page 51016]]
Dated: September 7, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-19622 Filed 9-13-21; 8:45 am]
BILLING CODE 3510-22-P
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