[Federal Register Volume 63, Number 74 (Friday, April 17, 1998)]
[Proposed Rules]
[Pages 19235-19237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10243]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 644
[Docket No. 980413091-8091-01; I.D. 030998B]
RIN 0648-AK90
Options for Implementing Vessel Monitoring Systems Requirements
for Highly Migratory Species Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking (ANPR); request for
comments.
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SUMMARY: NMFS is requesting comments on options for implementing a
recommendation of the International Commission for the Conservation of
Atlantic Tunas (ICCAT), requiring each member country with vessels
greater than 24 meters (78.74 ft) in overall length and fishing for
ICCAT species on the high seas outside the fisheries jurisdiction
(Exclusive Economic Zone, EEZ) of that country, to adopt a pilot
program for a satellite-based vessel monitoring system (VMS). The 3-
year ICCAT-recommended VMS pilot program is to be implemented effective
January 1, 1999.
DATES: Written comments on this ANPR must be received on or before June
1, 1998.
ADDRESSES: Written comments should be addressed to Rebecca Lent, Chief,
Highly Migratory Species Management Division (F/SF1), Office of
Sustainable Fisheries, NMFS, 1315 East-West Highway, Silver Spring, MD
20910.
FOR FURTHER INFORMATION CONTACT: Buck Sutter, 813-570-5447; fax: 813-
570-5364; or Jill Stevenson, 301-713-2347; fax: 301-713-1917.
SUPPLEMENTARY INFORMATION:
Background
At the 1997 annual meeting held in Madrid, Spain, ICCAT adopted a
recommendation that each member country institute a VMS pilot project
for vessels greater than 24 meters (78.74 ft) in total length fishing
on the high seas outside the EEZ of a member country. The ICCAT
recommendation calls for each member country to require the
installation of a VMS unit on 10 percent of the vessels or on 10
qualified vessels, whichever is greater, that target fisheries under
ICCAT jurisdiction. In order for the United States to meet ICCAT
obligations, 10 U.S. vessels must be equipped with operational VMS
units by January 1, 1999.
The Secretary of Commerce has the responsibility, under the
Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.), to
implement ICCAT recommendations. Fisheries that are affected by the
ICCAT recommendation include those that target Atlantic swordfish and
Atlantic tuna (Atlantic albacore, bluefin, bigeye, skipjack and
yellowfin tunas) in waters outside the U.S. EEZ. NMFS is developing a
program to implement the ICCAT recommendation and is seeking public
comments before proceeding with program development and implementation
by January 1, 1999. A draft plan of the U.S. program must be provided
to ICCAT by June 1, 1998.
The U.S. Atlantic swordfish fishery is managed under the Fishery
Management Plan for Atlantic Swordfish and its implementing regulations
at 50 CFR part 630, under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) and ATCA. The
Atlantic tunas fishery is managed under the authority of ATCA and
regulations at 50 CFR part 285. Commercial vessels of the United States
fishing in the Atlantic Ocean must obtain federal fisheries permits to
land swordfish and tunas (50 CFR 630.4 and 50 CFR 285.21,
respectively). In addition, under the High Seas Fishing Compliance Act
(HSFCA) of 1995 and its implementing regulations (50 CFR part 300),
U.S. vessels fishing beyond the EEZ are required to obtain a HSFCA
permit and comply with applicable requirements, including reporting.
The ICCAT VMS pilot program applies only to vessels larger than 24
[[Page 19236]]
meters (78.74 ft) fishing for highly migratory species on the high
seas, outside the EEZ of a member country. The most direct mechanism
NMFS has to identify U.S. vessels that fulfill these ICCAT requirements
is to query the HSFCA database for vessels that meet the ICCAT size
criteria. The subset of HSFCA permitted vessels 79 feet and larger was
further reduced by identifying which vessels also hold an Atlantic
swordfish and/or Atlantic tuna permit. NMFS estimates that
approximately 33 U.S. vessels meet all ICCAT requirements. However,
some of these vessels (e.g., trawling vessels) do not target highly
migratory fish species, but hold HMS permits to allow retention of
incidentally caught swordfish and tunas. These vessels would not be
included in the pilot program because the ICCAT recommendation
specifies selection of vessels targeting species under ICCAT
jurisdiction. Excluding these trawling vessels, approximately 20 U.S.
commercial vessels fit the criteria set forth by the ICCAT
recommendation for the VMS pilot program; therefore, the United States
must have at least 10 vessels equipped with operational VMS units by
January 1, 1999, to meet ICCAT obligations.
VMS is an automated, real-time, satellite-based tracking system
coupled with a Global Positioning System (GPS) that obtains accurate
position reports of vessels at sea. Real-time vessel location
information is sent automatically from a transceiver on board the
fishing vessel. ICCAT requires that any VMS used in the pilot program:
(1) be tamper proof; (2) be fully automatic and operational at all
times regardless of environmental conditions; (3) provide real time
data; and (4) provide latitude and longitude, with a position accuracy
of 500 meters or better. Several companies manufacture and distribute
VMS units. Not all systems, however, are compatible. NMFS has initially
determined that system compatibility is necessary to avoid confusion
and to establish effective, cost-efficient communication protocols. The
use of VMS by NMFS in other fisheries is discussed in 59 FR 15180,
March 31, 1994. In addition to the four ICCAT VMS requirements listed
above, the following system parameters have been identified by NMFS for
the use of VMS in other fisheries, and will be required components for
the ICCAT VMS pilot program: (1) A fully integrated International
Maritime Satellite (Inmarsat)-C and GPS Transceiver; (2) flexible
position reporting capabilities; (3) acceptance (e.g., trawling
vessels) by the International Maritime Organization as meeting the
requirements for the Global Maritime Distress and Safety System;(4)
password protected configuration to prevent unauthorized
reconfiguration of the transceiver;(5) incorporation of a low-cost data
reporting mode over the signal channel to allow the transmission of the
vessel identifier and the location of the vessel; (6) capability of
sending and receiving Telex, E-mail and computer data; (7) secure,
private two-way communications; (8) capability to poll the transceiver
unit remotely to determine vessel position; (9) ability to
automatically generate position reports during power up, power down,
antennae disconnection, and antenna blockage; (10) global coverage; and
(11) ability to store and forward communication.
The installation of a VMS unit on board high-seas fishing vessels
will provide several benefits to the vessel and the supporting
industries. A VMS transceiver is capable of sending and receiving
confidential communications (data and text messages) with the addition
of a personal computer. A personal computer, however, is not part of
the required system for the ICCAT VMS pilot program, although there
would be benefits to the vessel owner or operator. Secure
communications with business partners, owners and/or seafood dealers
could provide participating vessels a mechanism to market their
products in a manner that could enhance ex-vessel price and increase
the vessel's competitive advantage. The captain and crew could also
communicate with family regardless of distance from shore. The
communication linkage with shore, via the VMS units, would allow a
vessel to fish more efficiently and decrease the incidence of
interrupted trips. For example, broken gear could be ordered while at
sea, and shipped to a convenient location or brought out on another
vessel, reducing the time wasted traveling to retrieve needed gear that
could otherwise have been spent fishing.
The VMS units will provide an enhanced safety feature to the
fishing vessel. Qualified VMS units have a safety feature on the
transceiver that could be easily activated so that an immediate
distress signal could be sent from anywhere in the Atlantic Ocean and
alert rescue authorities of the vessel's exact real-time position. The
VMS unit would also provide the added safety of a second GPS on board.
For example, in the Hawaii longline pilot VMS study between January 1,
1996, and March 15, 1997, the U.S. Coast Guard estimated that the VMS
assisted in approximately 120 search and rescue cases.
Another benefit could be that vessels targeting swordfish that
participate in the ICCAT VMS program would be eligible for the 1998
directed swordfish closure VMS pilot program. Under that program, a
vessel with a qualified VMS unit can apply for an Exempted Fishing
Permit and will be allowed to retain swordfish on board the fishing
vessel after the directed swordfish fishery has closed, provided all
requirements to participate in that program are met. Swordfish can then
be offloaded in a location and time that maximizes ex-vessel price.
Information on the current swordfish pilot program can be obtained from
NMFS, Highly Migratory Species Division (SEE ADDRESSES). NMFS is also
investigating the possibility of providing low-interest loans for this
program through the Fishing Finance Program.
The ICCAT VMS pilot study will allow NMFS to monitor vessel
position on a real-time basis anywhere in the Atlantic Ocean. All
automated data reports received by NMFS to monitor vessel positions
will be treated consistent with NMFS guidelines for confidential
information. In the Hawaii longline VMS study, NMFS determined that
remote vessel monitoring greatly enhanced the effectiveness and
efficiency in enforcing regulatory constraints on a high-seas fishery.
Installation of VMS units enabled law enforcement to monitor a high
percentage of the vessels participating in the longline fishery, at a
greatly reduced cost in comparison to traditional surveillance methods
(i.e., aircraft and surface vessels).
The cost of the VMS is approximately $3,500 to $5,000 per vessel
for the initial purchase of the equipment, including the transceiver
and antenna. Installation of the equipment will cost approximately
$1,000, and communication charges for required automated position
reports are about $2.50 per day. Repair and maintenance costs may
approach $1,000 per year. Additional costs would include the purchase
of an optional personal computer and text messages (approximately $0.01
per character) that are sent or received by the vessel.
Alternatives
Should it be determined that rulemaking is necessary to implement
this mandatory ICCAT program, NMFS is currently considering the
following alternatives to implement the ICCAT VMS pilot program:
(1) NMFS would solicit 10 volunteers from the qualified HSFCA and
Highly
[[Page 19237]]
Migratory Species (HMS) permit (Atlantic swordfish and Atlantic tunas)
database with vessel lengths greater than 24 meters (78.74 ft) and
utilizing longline gear to either purchase or use existing VMS
equipment that qualifies under the requirements set forth in this
Advanced Notice of Proposed Rulemaking (ANPR) for the duration of this
3-year project.
(2) NMFS would select 10 qualified vessels (holders of valid HSFCA
and HMS permits, with vessel lengths greater than 24 meters (78.74 ft),
and utilizing longline gear) and require purchase of a qualified VMS
unit, as described by this ANPR. These vessels would be required to
send automated position reports over the 3-year period covered by this
pilot study.
(3) NMFS would require purchase of a qualified VMS unit, as
described by this ANPR, by all holders of valid HSFCA and HMS permits
with vessel lengths greater than 24 meters (78.74 ft), that fish with
longline gear. These vessels would be required to send automated
position reports over the 3-year period covered by this pilot study.
(4) NMFS would require purchase of a qualified VMS unit, as
described by this ANPR, by all holders of an HMS permit with a vessel
length greater than 24 meters (78.74 ft) and utilizing longline gear,
regardless of the possession of a HSFCA permit. These vessels would be
required to send automated position reports over the 3-year period
covered by this pilot study.
NMFS will not consider purchasing the individual VMS units for the
ICCAT pilot program. The western Pacific longline pilot VMS program was
funded by the government solely for the purposes of testing the
application of VMS technology in longline fisheries. That study has
been completed, and the study report is available from NMFS (See
ADDRESSES). As a result of the success of the Hawaii VMS pilot program,
NMFS has pursued the use of VMS in other fisheries to improve the
enforcement of fisheries regulations. Installation of a VMS unit is now
required by NMFS in other U.S. fisheries, at the vessel owners' or
operators' expense, including, but not limited to, the Western Pacific
Crustacean Fishery, Atlantic Sea Scallop Fishery, Northeast
Multispecies Fishery, and Alaska Groundfish Fisheries. NMFS has
convened an internal team to discuss the potential benefits of VMS in
HMS fisheries and will be preparing a required document to ICCAT by
June 1, 1998, outlining the planned implementation of the ICCAT VMS
pilot program for the United States.
Request For Comments
NMFS solicits comments on implementation of the ICCAT requirement
to initiate, by January 1, 1999, a VMS pilot program for vessels larger
than 24 meters (78.74 feet), that fish outside the United States EEZ.
Comments received on this ANPR will assist NMFS in determining the
options for rulemaking to implement the requirements of this
international agreement.
Classification
This advance notice of proposed rule making has been determined to
be not significant for purposes of E.O. 12866.
Authority: 16 U.S.C. 971 et seq.
Dated: April 13, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 98-10243 Filed 4-16-98; 8:45 am]
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