[Federal Register Volume 59, Number 219 (Tuesday, November 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28085]


[[Page Unknown]]

[Federal Register: November 15, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 685

[Docket No. 940711-4306; 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: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues a final rule implementing an experimental vessel 
monitoring program in the pelagic longline fishery around Hawaii using 
an electronic vessel monitoring system (VMS). Under this program, 
vessels operating in this fishery, upon notification by NMFS, are 
required to carry vessel monitoring equipment owned and installed by 
NMFS. Such equipment allows a vessel to be identified and its location 
monitored by satellite. Such information will be used by NMFS and the 
U.S. Coast Guard (USCG) in the enforcement of regulations that prohibit 
fishing in closed areas. This experimental program, which is to run for 
3 years or less, is needed so that the Western Pacific Fishery 
Management Council (Council) and NMFS can evaluate the performance and 
cost-effectiveness of VMSs and make recommendations regarding the 
future use of VMSs in this and other fisheries.

EFFECTIVE DATE: December 15, 1994.

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

SUPPLEMENTARY INFORMATION: On August 10, 1994, NMFS published a 
proposed rule in the Federal Register (59 FR 40859) that described a 
plan under which holders of limited-entry permits would be required to 
allow the installation of NMFS-owned vessel monitoring equipment on 
their limited-entry vessels when notified by NMFS. After considering 
public comments on that proposed rule, NMFS issues this final rule to 
implement that plan.
    The reason for using VMS technology is to develop an effective way 
of monitoring the location of longline fishing vessels without 
excessively burdening fishermen. Such technology allows vessels to be 
tracked by satellite thus allowing illegal fishing in closed areas to 
be detected without using patrol aircraft and vessels. VMS also is 
expected to enhance at-sea safety by allowing NMFS and the USCG to 
locate vessels immediately in the event of emergencies. The attachment 
of supplementary equipment would enable VMS equipment to be used to 
receive or transmit information, such as news and weather broadcasts, 
or personal communications.
    The August 10 proposed rule: (1) Listed the problems in the fishery 
and how those problems have been addressed; (2) summarized the results 
of experiments with several automated vessel monitoring technologies; 
(3) specified the minimum performance standards for VMS equipment 
adopted by the Council; and (4) described the actions taken by the 
Council 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. Comments on the proposed 
rule were invited until September 9, 1994.

Comments and Responses

    Four comments were received: One from the Marine Mammal Commission, 
two from fishermen who own longline vessels, and one from the Hawaii 
Longline Association.
    Comment: The Marine Mammal Commission, a body established by the 
Marine Mammal Protection Act to oversee activities related to laws 
affecting marine mammals, had previously recommended a similar system 
to protect Hawaiian monk seals and supports the proposed rule as 
written.
    Response: Comment accepted.
    Comment: One fisherman commented that he has no problem with 
carrying vessel monitoring equipment aboard his vessel as long as he 
does not have to pay for the equipment or its maintenance.
    Response: As stated in the proposed rule, virtually all costs of 
the equipment, its operation, and its maintenance will be borne by 
NMFS. The equipment does require a small amount of space. It consists 
of a transceiver measuring about 22 cm by 25 cm, weighing 3 kg, and an 
antenna measuring 29 cm by 17 cm, weighing 2 kg. Transmitting requires 
105 watts.
    Comment: The Hawaii Longline Association, which represents longline 
fishermen in Hawaii, believes that any data collected beyond the closed 
areas are intrusive and inappropriate, and suggests that such 
information be filtered electronically after a vessel is beyond the 
closed area.
    Response: NMFS agrees that a vessel well beyond a closed area does 
not need to be monitored frequently to determine if it is fishing in a 
closed area; however, test monitoring has not been extensive enough to 
determine the degree of monitoring needed. The degree of monitoring 
needed to ensure enforcement of the regulations will be one of the 
factors examined during the 3-year experimental program.
    Comment: One fisherman commented that a VMS is oppressive and 
compromises his protection from unreasonable search and seizure.
    Response: NMFS does not agree that a VMS is oppressive. The 
proposed tracking of vessels by satellite is the least burdensome 
method of ensuring that vessels will not fish in a closed area without 
being detected. The crew does not have to operate the equipment and the 
owner of the vessel does not have to pay the costs of purchase, 
installation or operation. Other methods of ensuring that fishing is 
not conducted in closed areas without detection, such as requiring the 
reporting of a vessel's location by radio and requiring that an 
observer be carried, are far more burdensome. From the perspective of 
costs to the industry, efficiency, and the expenditure of public funds, 
the system is an alternative worth testing.
    NMFS recognizes that some fishermen feel that VMS equipment allows 
the Federal Government to know more about the movements of individual 
vessels than is appropriate or necessary. The protection of public 
resources often presents difficult enforcement problems. In the case of 
the pelagic longline fishery, an objective method of verifying the 
location of vessels is necessary. The use of aircraft and vessels of 
the USCG is expensive and limited in effectiveness for long-term 
operations. Placing observers on each vessel also is expensive, as well 
as more intrusive on fishing operations than the use of a VMS. NMFS 
will be reviewing the level of accuracy and precision required and the 
degree of monitoring needed to meet the above obligations with 
enforcement agents and scientists. The disclosure of data indicating 
individual vessel positions will be treated in accordance with the 
provisions of the Freedom of Information Act and the Trade Secrets Act. 
This means that if data is requested, it will not be divulged if the 
vessel owner can show that the disclosure would cause substantial harm 
to the owner's competitive position.
    As of September 15, 1994, 40 vessel owners, without any requirement 
to do so, have requested installation of vessel monitoring equipment, 
and some owners have had supplementary equipment attached for their own 
use.

Changes From the Proposed Rule

    The regulatory text of this final rule is virtually the same as the 
regulatory text of the proposed rule. The only substantive change is 
insertion of the word ``prior'' before the word ``approval'' in 
Sec. 685.5(hh) to clarify that approval must be obtained before 
equipment is added to a VMS unit.

Classification

    This final rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 685

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

    Dated: November 8, 1994.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 685 is 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 
(SAC)'' 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) through (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 prior approval of the SAC.
    4. 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. A new Sec. 685.16 is added 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 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 December 15, 1997, 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. 94-28085 Filed 11-14-94; 8:45 am]
BILLING CODE 3510-22-P