[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19396]


[[Page Unknown]]

[Federal Register: August 10, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 685

[Docket No. 940711-4211; I.D. 050294C]
RIN 0648 AF77

 

Pelagic Fisheries of the Western Pacific Region; Vessel 
Monitoring System

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 issues a proposed rule that would implement an 
experimental vessel monitoring system (VMS) program in the pelagic 
longline fishery around Hawaii. Under this program, vessels operating 
in this fishery would have to carry vessel monitoring equipment owned 
and operated by NMFS. The equipment provides immediate vessel 
identification and location, and would be used by NMFS and the United 
States Coast Guard (USCG) to facilitate enforcement of regulations that 
prohibit fishing in closed areas. This experimental program would 
operate for 3 years or less, during which time the Western Pacific 
Fishery Management Council (Council) and NMFS would conduct reviews of 
the performance and cost effectiveness of the program and make 
recommendations regarding the future use of VMSs in this and other 
fisheries.

DATES: Comments must be received by September 9, 1994.

ADDRESSES: Comments on the proposed rule should be sent to Rodney R. 
McInnis, Acting Director, Southwest Region, NMFS, 501 West Ocean 
Boulevard, Suite 4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Mr. Svein Fougner at (310) 980-4034 or 
Mr. Eugene F. Proulx at (310) 980-4049.

SUPPLEMENTARY INFORMATION: Amendment 3 (56 FR 52214, October 18, 1991) 
to the Fishery Management Plan for the Pelagic Fisheries of the Western 
Pacific Region (FMP) created a protected species zone of 50 nautical 
miles (am) around the Northwestern Hawaiian Islands (NWHI), which is 
closed to pelagic longline fishing. This action was taken to protect 
endangered Hawaiian monk seals from longline fishing activity.
    Amendment 4 (56 FR 51849, October 16, 1991) to the FMP established 
an administrative procedure to govern the Council's review of VMS 
technology and possible adoption of VMS requirements for the fishery. 
This action was taken to develop an effective way of monitoring 
longline fishing vessels without placing excessive restrictions on 
fishermen.
    Amendment 5 (57 FR 7661, March 4, 1992) to the FMP created closed 
areas to pelagic longline fishing around the main Hawaiian Islands to 
prevent gear conflicts between pelagic longline and small-boat 
fishermen. The closed areas are generally within 75 nm of the Islands 
of Kauai, Niihau, and Oahu, and within 50 nm of the Islands of Maui, 
Molokai, Lanai, Kahoolawe, and Hawaii and vary in size on a seasonal 
basis. Further adjustments may be made through an administrative 
procedure that includes an opportunity for public comment.
    Because the longline fleet has been growing rapidly, Amendment 7 
(59 FR 26979, May 25, 1994) established a limited entry program for the 
Hawaii longline fishery for pelagic species in order to prevent adverse 
impacts on pelagic resources, protected species such as the Hawaiian 
monk seal and sea turtles, and other fishing vessels.
    Patrolling area closures is an expensive and difficult task for 
NMFS enforcement agents and the USCG. The distances that have to be 
covered are large, and there is minimal logistic support for patrol 
aircraft or patrol vessels in the NWHI. Given these enforcement 
difficulties, NMFS and the USCG have explored alternative methods of 
monitoring closed areas. One promising alternative is the use of a VMS. 
A VMS consists of equipment placed aboard a vessel that is capable of 
transmitting to NMFS and the USCG the identity and location of that 
vessel. By monitoring these transmissions, illegal fishing by the 
vessels in closed areas might be detected immediately without using 
patrol aircraft and vessels.
    In addition to compliance monitoring, a VMS offers several other 
potential uses. First, a VMS would enhance at-sea safety by allowing 
NMFS and the USCG to locate vessels immediately in the event of 
distress situations. Second, available computer attachments would 
enable users to either receive or transmit information such as news and 
weather broadcasts, or personal communications. Finally, in this 
fishery, consistent with an incidental take statement issued in 
conjunction with a Biological Opinion dated June 10, 1993, information 
collected could be used to verify the accuracy of logbook reports, 
thereby aiding in the conservation of protected species such as 
threatened and endangered sea turtles.
    In 1991, the Council, NMFS, and the USCG coordinated a 
demonstration of several automated vessel monitoring technologies to 
confirm whether remote communication links would be reliable in the 
Western Pacific. The purpose of the demonstration was to review the 
available vessel monitoring technologies for routine enforcement 
operations and to assist the Council in deciding how VMS could be used 
for enforcement. This effort helped the Council develop minimum 
performance criteria to be used for designing a fleet-wide VMS. Each 
technology that was examined represented a different approach to 
providing vessel position information.
    The minimum performance standards identified by the Council for 
enforcement applications of satellite or radio vessel monitoring 
technology are the following:
    a. The system must deliver accurate, real-time data for processing 
at a station on shore;
    b. Position reports must contain vessel identification, the 
latitude and longitude of the vessel, and the date and time of the fix 
(i.e., positional fix);
    c. Shipboard equipment must be capable of providing fully 
automatic, hands-off position reports and battery-powered operation for 
a given period of time. Units should also accept vessel power to charge 
internal batteries;
    d. Shipboard equipment must be self-initializing when power is 
interrupted to maintain automatic operation;
    e. The Global Positioning System should be used for VMS units where 
communication transmitters are linked with navigation receivers in 
order to obtain accurate position information;
    f. The shipboard equipment must be built to withstand the rigors of 
operation on a commercial high-seas fishing vessel in the Central and 
Western Pacific;
    g. The system must not require routine maintenance, and should be 
easily serviceable by trained technicians;
    h. The system design should permit the exchange, at sea, of sealed 
components by individuals who may not be trained technicians; and
    i. The shipboard equipment must be capable of monitoring vessels 
throughout their range.
    After the establishment of these performance standards, NMFS and 
the USCG conducted a second test. This test indicated that one of the 
initial technologies examined might meet the performance requirements 
established by the Council, and merited further study in a larger 
experimental program.
    At a regular meeting of the Council on December 2, 1992, the 
members adopted a VMS policy to ensure that the development and 
application of a VMS in the Central and Western Pacific is carried out 
in a manner that is comprehensive, attendant to the needs of management 
authorities, cost-effective, and fair to the fishing industry. That 
policy states that the Council recognizes that electronic monitoring 
systems may be an effective and desirable technology for use in 
fisheries management.
    The Council established a VMS Committee to develop and review 
proposed VMS initiatives, policies, and other related topics addressed 
in the Council's fishery management plans under the authority of the 
Magnuson Fishery Conservation and Management Act (Magnuson Act). 
Significant VMS decisions that would involve changes in the equipment 
or costs to be borne by the fishermen will be made by the full Council.
    On March 31, 1994, NMFS published a policy (59 FR 15180) that 
established standards for all VMS used in U.S. fisheries. The policy 
covers the technical requirements of the equipment, the security of the 
system, and the confidentiality of the data. Implementation of the 
proposed rule would be consistent with that policy.
    While VMSs are a promising alternative and supplement to existing 
enforcement techniques, uncertainties remain. These uncertainties 
include, but are not limited to:
    1. The extent to which the entire range of the vessels throughout 
the Pacific can be covered in practice;
    2. The amount of other enforcement resources necessary to confirm 
apparent violations detected through use of the system;
    3. The feasibility of applying the system to other fisheries with 
different fishing characteristics;
    4. The extent to which the VMS hardware and software used would 
allow the integration of U.S. fishing vessels into developing regional 
VMS systems;
    5. The cost effectiveness, from an enforcement perspective, of VMSs 
as compared to traditional methods of enforcement; and
    6. The social and economic effects of establishing a VMS, such as 
assessing the impacts on the owners, captains, crew, fishing behavior, 
and regulatory compliance.
    Given these considerations, NMFS proposes to implement an 
experimental VMS program. Under this program, all vessels with a 
limited entry permit for the Hawaiian pelagic longline fishery would be 
required to carry a NMFS-owned vessel monitoring unit. As units become 
available for installation, the NMFS Office of Enforcement would 
schedule vessels for installation of a VMS unit. To the extent 
possible, installations would be scheduled to accommodate the vessel's 
fishing schedule. Reasonable notice of the proposed installation date 
would be given to the holder of the limited entry permit for the 
vessel.
    The NMFS headquarters Office of Enforcement would exercise overall 
supervision and evaluation of the program, and determine when the 
objectives of the program have been met, thereby warranting termination 
of the experimental program. Day-to-day responsibility for implementing 
this program, however, would rest with the NMFS Special Agent-in-Charge 
(SAC) in Long Beach, CA.
    This proposed action follows an extensive review of such systems by 
the Council under the guidance of Amendment 4 to the FMP and was 
approved by the Council at its meeting on September 14-16, 1993. The 
following elements were approved by the Council and are incorporated in 
this proposed rule:
    1. NMFS would select the necessary VMS equipment and provide it at 
no cost to the permit holder. This equipment would remain the property 
of NMFS and must be returned to NMFS upon request;
    2. All equipment would meet the performance standards adopted by 
the Council listed above;
    3. Interfering with the equipment in any way would be prohibited;
    4. The SAC would be authorized to permit a vessel owner to have 
additional equipment linked to the VMS unit, e.g., computer terminal 
for communications and data transfer;
    5. Vessels with VMS units would not be required to notify NMFS when 
transiting the protected species zone (as they are now required to do); 
and
    6. The Council and NMFS would evaluate the VMS program for a period 
of time not to exceed 3 years, and make decisions regarding the 
continued or modified use of VMSs in this fishery and other fisheries 
under the jurisdiction of the Council.
    In addition, NMFS would also evaluate this VMS program in regard to 
the uses of VMSs in fisheries in other areas.
    A Biological Opinion and Incidental Take Statement under the 
Endangered Species Act were issued by NMFS on this fishery on June 10, 
1993. The Biological Opinion concluded that the longline fishery is not 
likely to jeopardize the continued existence of any endangered or 
threatened species of sea turtle, provided that certain conditions set 
forth in an incidental take statement were met. This statement 
includes, as a reasonable and prudent measure, use of an automated VMS 
to confirm the location of those vessels without observers to help 
verify the accuracy of logbook reports. While being promulgated for 
enforcement purposes, this proposed rule would also help NMFS satisfy 
the automated VMS requirements set forth in the incidental take 
statement. A new Biological Opinion on this fishery is expected to be 
issued by NMFS during the summer of 1994.
    NMFS is sensitive to the concerns fishermen might have with regard 
to their fishing locations becoming widely known. NMFS will be 
reviewing the level of accuracy and precision required to meet the 
above obligations with enforcement agents and scientists and will 
determine the degree of monitoring required. Whatever final decisions 
are made on the frequency of reports needed, data indicating individual 
vessel positions would be treated as confidential in accordance with 
the Trade Secrets Act.

Classification

    This proposed rule is published under the authority of the Magnuson 
Act, 16 U.S.C. 1801 et seq., and was prepared at the request of the 
Council. The Assistant Administrator for Fisheries, NOAA (AA), has 
initially determined that this proposed rule is consistent with the 
Magnuson Act and other applicable law.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The General Counsel 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 for purposes of the 
Regulatory Flexibility Act. All the costs of installing and operating 
the proposed reporting system are to be borne by NMFS. Installation of 
the required equipment is to be done at minimal inconvenience to the 
vessel owner. Implementing the proposed action also will relieve vessel 
operators from the current requirement to notify NMFS of the vessel's 
entrance and exit from the protected species zone. The installed 
equipment may be used, in conjunction with supplemental equipment 
provided by the vessel, by the vessel operator at the vessel's own 
expense, for vessel communications such as obtaining updated weather 
reports or communication to the vessel owner. The Council has concurred 
with the establishment of a mandatory observer program and an 
electronic VMS for the longline fishery as required by the Biological 
Opinion and Incidental Take Statement, issued on June 10, 1993.

List of Subjects in 50 CFR Part 685

    American Samoa, Fisheries, Fishing, Guam, Hawaiian Natives, 
Northern Mariana Islands.

    Dated: August 3, 1994.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 685 is 
proposed to be amended as follows:

PART 685--PELAGIC FISHERIES OF THE WESTERN PACIFIC REGION

    1. The authority citation for part 685 continues to read as 
follows:

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

    2. In Sec. 685.2, the definitions of ``Special Agent-in-Charge'' 
and ``vessel monitoring system unit (VMS unit)'' are added in 
alphabetical order, as follows:


Sec. 685.2  Definitions.

* * * * *
    Special Agent-in-Charge (SAC) means the Special Agent-in-Charge, 
NMFS Office of Enforcement, Southwest Region or the designee of the 
Special Agent-in-Charge.
* * * * *
    Vessel monitoring system unit (VMS unit) means the hardware and 
software equipment owned by NMFS, installed on vessels by NMFS, and 
required by this part to track and transmit the positions of longline 
fishing vessels.
    3. In Sec. 685.5, new paragraphs (aa)-(hh) are added as follows:


Sec. 685.5  Prohibitions.

* * * * *
    (aa) Fail to carry a VMS unit as required under Sec. 685.16.
    (bb) Interfere with, tamper with, alter, damage, disable, or impede 
the operation of a VMS unit or to attempt any of the same; or to move 
or remove a VMS unit without the prior permission of the SAC.
    (cc) Make a false statement, oral or written, to an authorized 
officer, regarding the use, operation, or maintenance of a VMS unit.
    (dd) Fish for, catch, or harvest Pacific pelagic management unit 
species with longline gear without a VMS unit on board the vessel after 
installation of the VMS unit by NMFS.
    (ee) Possess on board a vessel without a VMS unit Pacific pelagic 
management unit species harvested with longline gear after NMFS has 
installed the VMS unit on the vessel.
    (ff) Interfere with, impede, delay, or prevent the installation, 
maintenance, repair, inspection, or removal of a VMS unit.
    (gg) Interfere with, impede, delay, or prevent access to a VMS unit 
by a NMFS observer.
    (hh) Connect or leave connected additional equipment to a VMS unit 
without the approval of the SAC.
    3. Section 685.14 is revised to read as follows:


Sec. 685.14  Transit notification.

    The operator of a longline fishing vessel subject to this part who 
does not have on board a VMS unit while transiting the protected 
species zone, must notify the NMFS Southwest Enforcement Office at 
(808) 541-2727 immediately upon entering and immediately upon departing 
the protected species zone. The notification must include the name of 
the vessel, name of the operator, date and time (GMT) of entry or exit 
from the protected species zone, and location of the vessel by latitude 
and longitude to the nearest minute.
    5. Section 685.16 is amended by adding text and revising its 
section heading to read as follows:


Sec. 685.16  Vessel monitoring system.

    (a) VMS unit. Only a VMS unit owned by NMFS and installed by NMFS 
complies with the requirements of this part.
    (b) Notification. After a limited entry permit holder has been 
notified by the SAC of a specific date for installation of a VMS unit 
in the permit holder's vessel, the vessel must carry and operate the 
VMS unit after the date scheduled for installation.
    (c) Fees and charges. During the experimental VMS program, a Hawaii 
longline limited entry permit holder shall not be assessed any fee or 
other charges to obtain and use a VMS unit, including the communication 
charges related directly to requirements under this section. 
Communication charges related to any additional equipment attached to 
the VMS unit by the owner or operator shall be the responsibility of 
the owner or operator and not NMFS.
    (d) Permit holder duties. The holder of a limited entry permit and 
the master of the vessel operating under the permit must:
    (1) Provide opportunity for the SAC to install and make operational 
a VMS unit after notification;
    (2) Carry the VMS unit on board whenever the vessel is at sea; and
    (3) Not remove or relocate the VMS unit without prior approval from 
the SAC.
    (e) Authorization by the Special Agent-in-Charge. The SAC has 
authority over the installation and operation of the VMS unit. The SAC 
may authorize the connection or order the disconnection of additional 
equipment, including a computer, to any VMS unit when deemed 
appropriate by the SAC.
    (f) Observers. NMFS observers shall have access to VMS units to 
verify operation, obtain data, and use the communication capabilities 
of the units for official purposes.
    (g) Review. During the experimental VMS program, which will end no 
later than [Insert date 3 years after the effective date of the final 
rule], the Council and NMFS will conduct reviews of the performance and 
cost-effectiveness of the program requiring VMS units in this fishery. 
The Council may recommend that the program be continued, terminated, or 
modified with respect to operation, equipment, or other aspects of the 
program.

[FR Doc. 94-19396 Filed 8-9-94; 8:45 am]
BILLING CODE 3510-22-W