[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)]
[Proposed Rules]
[Pages 27550-27553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13300]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 980414095-8095-01; I.D. 040798C]
RIN 0648-AJ37


Fisheries of the Northeastern United States; Dealer Reporting 
Requirements

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 proposes to amend the regulations which require dealers 
of summer flounder, scup, black sea bass, Atlantic sea scallops, 
Northeast (NE) multispecies, Atlantic mackerel, squid, and butterfish 
to report their fish purchases to NMFS. This action would improve 
weekly monitoring of landings, by species, by requiring dealers to use 
a call-in Interactive Voice Response (IVR) system to report their 
purchases to NMFS. The rule would also modify the schedule for the 
submission by federally permitted dealers of comprehensive written 
reports. Reporting requirements for party and charter vessels holding a 
federal summer flounder or scup permit, other than a moratorium permit, 
would be modified to make them consistent with reporting requirements 
in other fisheries.

DATES: Comments must be received on or before June 18, 1998.

ADDRESSES: Comments on the proposed rule or proposed IVR system should 
be sent to Andrew A. Rosenberg, Ph.D., Administrator, Northeast Region, 
NMFS, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of 
the envelope, ``Comments on Proposed Rule for Dealer Reporting.''
    Comments on the burden hour estimates for collection-of- 
information requirements contained in this proposed rule should be sent 
to Andrew A. Rosenberg, Ph.D., and to the Office of Information and 
Regulatory Affairs, Attention: NOAA Desk Officer, Office of Management 
and Budget, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Kelley McGrath, (978) 281-9307 or 
Gregory Power, (978) 281-9304.

SUPPLEMENTARY INFORMATION: Regulations implementing the fishery 
management plans for the summer flounder, scup, black sea bass, 
Atlantic sea scallops, NE multispecies, and Atlantic mackerel, squid, 
and butterfish fisheries are found at 50 CFR part 648. These fishery 
management plans were prepared under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act. All dealers of summer 
founder, scup, black sea bass, Atlantic sea scallops, NE multispecies, 
Atlantic mackerel, Illex or Loligo squid or butterfish must have been 
issued and have in their possession a Federal dealer permit in order to 
purchase such species from fishing vessels. All dealers issued a 
Federal dealer permit are required to submit weekly reports of all fish 
purchases to the Administrator, Northeast Region, NMFS (Regional 
Administrator). To make it easier for federally permitted dealers to 
comply with weekly reporting requirements and to improve the monitoring 
of commercial landings, NMFS proposes to modify the dealer reporting 
requirements.
    Several species are now being managed using domestic annual harvest 
limits, such as annual or seasonal quotas and target or actual total 
allowable catch (TAC) limits. For example, summer flounder and scup are 
managed through annual commercial quotas, while the regulated NE 
multispecies are managed through annual target TACs. Regulated 
multispecies are defined as a subset of the NE multispecies that 
includes cod, haddock, pollock, redfish, white hake, yellowtail 
flounder, witch flounder, windowpane flounder, winter flounder, and 
American plaice. In order to manage these fisheries effectively, 
accurate and timely monitoring of landings is required. For the 
purposes of this proposed rule, species managed by quotas or TACs are 
referred to as ``quota-managed species.''

[[Page 27551]]

Interactive Voice Response System

    This proposed rule would require federally permitted fish dealers 
to use a NMFS-established IVR system to report weekly purchases of all 
quota-managed species, except those species deferred from IVR system 
coverage by the Regional Administrator. This would enable NMFS to 
determine more quickly when domestic harvest limits have been reached. 
Species whose purchases would have to be reported weekly through the 
IVR system include summer flounder, scup, black sea bass, regulated NE 
multispecies, Atlantic mackerel, Illex and Loligo squid, and 
butterfish.
    The Regional Administrator would have the authority to defer 
species from coverage by the IVR system weekly reporting requirements 
if landings are not expected to reach levels that would cause the 
applicable target exploitation rate corresponding to a given domestic 
annual harvest limit, target or actual TAC or annual or seasonal quota 
specified in the fishery management plan for that species to be 
achieved. This deferral determination would be based on the purchases 
reported, by species, in the comprehensive written reports submitted by 
dealers and other available information. If the Regional Administrator 
determines that a species should be deferred from the IVR system weekly 
reporting requirement, he/she would publish notification so stating in 
the Federal Register. If data indicate that landing levels subsequently 
increase to an extent that this determination ceases to be valid, the 
Regional Administrator would terminate the deferral by publishing 
notification in the Federal Register. Therefore, it is conceivable that 
a deferral from the IVR system weekly reporting requirement and a 
withdrawal of a given deferral could occur in any given fishing year 
for a given quota-managed species. NMFS anticipates that following a 
review of landing levels and other applicable information several of 
the quota- managed species will be deferred from the IVR system weekly 
reporting requirement at the time of implementation of any final rule.
    Dealers would be required to report through the IVR system, on a 
weekly basis, purchases of those quota-managed species not deferred 
from coverage. The IVR system would use a toll-free number that 
federally permitted dealers would call to report weekly purchases of 
IVR monitored species. For each species requiring IVR monitoring, NMFS 
proposes to require federally permitted dealers to report the following 
information weekly through the IVR system: Dealer permit number; dealer 
code; pounds purchased by species; week in which purchases were made; 
and state of landing for each species purchased. If no purchases of the 
IVR monitored species were made during the week, the dealer would be 
required to submit a report so stating through the IVR system.

Trip-by-Trip Dealer Reports

    Currently, federally permitted dealers are required to submit 
comprehensive trip-by-trip written reports listing all species 
purchased within 3 days after the end of the reporting week. Because 
the IVR system would provide timely monitoring of dealer purchases by 
species, NMFS proposes to amend this requirement to allow dealers 16 
days following the end of the reporting week in which to complete and 
submit the trip-by-trip written reports for all species. In addition to 
providing dealers with more time to complete these reports, this 
proposed change would also result in more accurate price information 
being collected on the written reports. Such pricing information is 
often unavailable to dealers within 3 days following the end of the 
reporting week, but is available within 16 days following the end of 
the reporting week.
    Dealers would continue to report the following information, within 
16 days following the end of the reporting week, on forms supplied by 
or approved by the Regional Administrator: Dealer name and mailing 
address; dealer number; name and permit number or hull number (United 
States Coast Guard (USCG) documentation number or state registration 
number, whichever is applicable) of vessels from which fish are landed 
or received; dates of purchases; trip identifier for fishing trip from 
which fish are purchased; pounds by species (by market category, if 
applicable); price per pound, by species (by market category, if 
applicable) or total value by species (by market category, if 
applicable); port landed; signature of dealer or other authorized 
individual; and any other information deemed necessary by the Regional 
Administrator. If no fish were purchased during the reporting month, 
the dealer would be required to report that on the required form, which 
would be submitted within 16 days following the end of the reporting 
month. Dealers would retain the option of submitting the required 
information electronically if authorized in writing to do so by the 
Regional Administrator.

Additional Dealer and Processor Reporting Changes

    NMFS proposes to modify five requirements pertaining to dealer 
reporting. Dealers are currently required to report the Federal permit 
number of the vessel from which fish are purchased or landed. However, 
many of the species landed by dealers are not subject to Federal 
management and are caught by vessels that hold no Federal permits. This 
requirement would be modified to require dealers to report either the 
Federal permit number or the hull number (USCG documentation number or 
state registration number, as appropriate) of the vessels from which 
fish are purchased or landed.
    The existing reporting form, NOAA Form 88-30, specifies market 
categories for several species. The regulations would be revised to 
make it clear to dealers that species must be reported by market 
category, when applicable.
    The reporting period for negative written reports (reports stating 
that no fish were purchased) would be changed from weekly to monthly. 
Currently, federally permitted dealers are required to submit a weekly 
written negative report if no purchases of any fish were made during 
the reporting week. This proposed rule would instead require dealers to 
submit monthly a written negative report only if no purchases of any 
fish were made during a reporting month (defined as a calendar month).
    NMFS also proposes adding language to amplify an existing 
prohibition to allow for the collection of biological data (fish 
lengths) and samples (scales and otoliths for aging) which are 
necessary to characterize the composition of the landed catch. While 
most dealers have historically and voluntarily allowed access to their 
premises for the collection of these vital data, NMFS proposes to 
revise the regulations so that it is explicit that federally permitted 
dealers are required to grant such access.
    Under current regulations at Sec. 648.7(a)(2)(ii), processors are 
required to notify the Regional Administrator if the plant processing 
capacities change by more than 10 percent during any year. NMFS 
proposes to require that the processor notify the Regional 
Administrator in writing within 10 days after this change.

Vessel Reporting Change

    NMFS further proposes to revise the reporting requirements for any 
owner of a party or charter vessel issued a federal summer flounder or 
scup permit, other than a moratorium permit. Currently, owners of party 
or charter vessels issued

[[Page 27552]]

a summer flounder or scup permit, other than a moratorium permit, and 
carrying passengers for hire are required to submit an accurate daily 
fishing log report for each trip that lands summer flounder or scup, 
respectively. This proposed rule would amend the vessel reporting 
requirements to require these vessels to submit reports for each trip, 
regardless of the species fished for or retained. This change would 
make the requirements for party/charter vessels in the summer flounder 
and scup fisheries consistent with those in the black sea bass, NE 
multispecies, and Atlantic mackerel, squid, and butterfish fisheries.

Classification

    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 Paperwork Reduction Act (PRA) unless that 
collection of information displays a currently valid Office of 
Management and Budget (OMB) control number.
    This proposed rule contains collection-of-information requirements 
subject to the PRA, and clarifies or makes minor modifications to 
requirements previously approved under OMB control number 0648-0229 (2 
minutes per response), OMB control number 0648-0212 (5 minutes per 
response), OMB Control No. 0648- 0018 (6 minutes per response), and OMB 
Control No. 0648-0235 (5 minutes per response). The requirement to use 
an IVR system for weekly dealer reporting has been submitted to OMB for 
approval under OMB control number 0648-0229 and is estimated to take 4 
minutes per response. The response estimates shown include the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing, reviewing and submitting 
the collection of information. Public comment is sought regarding: 
Whether this proposed collection of information is necessary for the 
proper performance of the functions of the agency, including whether 
the information has practical utility; the accuracy of the burden 
estimate; ways to enhance the quality, utility, and clarity of the 
information to be collected; and ways to minimize the burden of the 
collection of information, including through the use of automated 
collection techniques or other forms of information technology. Send 
comments on these or any other aspects of the collection of information 
to NMFS and OMB (see ADDRESSES).
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this rule, if adopted as 
proposed, would not have significant impact on a substantial number of 
small entities as follows:
    The proposed rule would require dealers of summer flounder, 
scup, black sea bass, Atlantic mackerel, squid, butterfish, and NE 
multispecies to report their purchases to the National Marine 
Fisheries Service (NMFS) on a weekly basis through a NMFS-
established Interactive Voice Response (IVR) system. The reporting 
schedule for federally permitted dealers would be modified to extend 
the submission deadline for comprehensive written reports. These 
proposed changes would enable NMFS to track landings of quota-
managed species on a real time basis through the IVR system, while 
providing dealers with the convenience of additional time to submit 
the comprehensive written reports.
    Reporting requirements for any owner of a party or charter 
vessel issued a summer flounder or scup permit, other than a 
moratorium permit, would be modified making the requirements 
consistent with those in other fisheries. Currently, owners of a 
party or charter vessel issued a summer flounder or scup permit, 
other than a moratorium permit, and carrying passengers for hire are 
required to submit a report for each trip that lands summer flounder 
or scup, respectively. This rule would require these vessels to 
submit reports for each trip, regardless of the species fished for 
or retained.
    Because the information being collected from dealers and vessel 
owners is regularly compiled for their own business records, 
providing NMFS with the information is a minimal burden and will not 
result in a significant economic impact on the dealers or vessel 
owners.
    This rule has been determined to be not significant for the 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: May 14, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Serivce.
    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

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

    2. Section 648.2 is amended by adding, in alphabetical order, 
definitions for ``Dealer code'', ``IVR system'', and ``Quota- managed 
species'' to read as follows:


Sec. 648.2  Definitions.

* * * * *
    Dealer code means a confidential five-digit number assigned to each 
dealer required to submit purchases using the IVR system for the 
purpose of maintaining the integrity of the data reported through the 
IVR system.
* * * * *
    IVR system means the Interactive Voice Response dealer reporting 
system established by the Regional Administrator for the purpose of 
monitoring dealer purchases.
* * * * *
    Quota-managed species means any species of finfish managed under 
this part by an annual or seasonal quota or by annual target or actual 
TAC.
* * * * *
    3. In Sec. 648.7 paragraph (a)(2) is redesignated as paragraph 
(a)(3), new paragraphs (a)(2) and (g) are added, paragraph (b)(1)(iii) 
is removed, the first sentence of paragraph (a)(1) introductory text, 
and paragraphs (a)(1)(i), (a)(3)(i), (a)(3)(ii), (b)(1)(i) and (f)(1) 
are revised to read as follows:


Sec. 648.7  Recordkeeping and reporting requirements.

    (a) Dealers--(1) Detailed weekly report. Federally permitted 
dealers must submit to the Regional Administrator, or official 
designee, a detailed weekly report, within the time periods specified 
in paragraph (f) of this section, on forms supplied by or approved by 
the Regional Administrator, a report of all fish purchases, except surf 
clam and ocean quahog dealers or processors who are required to report 
only surf clam and ocean quahog purchases. * * *
    (i) Summer flounder, scup, black sea bass, Atlantic sea scallop, NE 
multispecies, Atlantic mackerel, squid and butterfish dealers must 
provide: Dealer name and mailing address; dealer number; name and 
permit number or name and hull number (USCG documentation number or 
state registration number, whichever is applicable) of vessels from 
which fish are landed or received; trip identifier for trip from which 
fish are landed or received; dates of purchases; pounds by species (by 
market category, if applicable); price per pound by species (by market 
category, if applicable) or total value by species (by market category, 
if applicable); port landed; and any other information deemed necessary 
by the Regional Administrator. All report forms must be signed by the 
dealer or other authorized individual. If no fish are purchased during 
a reporting week, no written report is required to be submitted. If no 
fish are purchased

[[Page 27553]]

during an entire reporting month, a report so stating on the required 
form must be submitted.
* * * * *
    (2) Weekly IVR system reports. (i) Federally permitted dealers 
purchasing quota-managed species not deferred from coverage by the 
Regional Administrator pursuant to paragraph (a)(2)(ii) of this section 
must submit, within the time period specified in paragraph (f) of this 
section, the following information, and any other information required 
by the Regional Administrator, to the Regional Administrator or to an 
official designee, via the IVR system established by the Regional 
Administrator: Dealer permit number; dealer code; pounds purchased, by 
species; week in which species were purchased; and state of landing for 
each species purchased. If no purchases of quota-managed species not 
deferred from coverage by the Regional Administrator pursuant to 
paragraph (a)(2)(ii) of this section were made during the week, a 
report so stating must be submitted through the IVR system in 
accordance with paragraph (f) of this section.
    (ii) The Regional Administrator may defer any quota-managed species 
from the IVR system reporting requirements if landings are not expected 
to reach levels that would cause the applicable target exploitation 
rate corresponding to a given domestic annual harvest limit, target or 
actual TAC or annual or seasonal quota specified for that species to be 
achieved. The Regional Administrator shall base any such determination 
on the purchases reported, by species, in the comprehensive written 
reports submitted by dealers and other available information. If the 
Regional Administrator determines that any quota-managed species should 
be deferred from the weekly IVR system reporting requirements, the 
Regional Administrator shall publish notification so stating in the 
Federal Register. If data indicate that landing levels have increased 
to an extent that this determination ceases to be valid, the Regional 
Administrator shall terminate the deferral by publishing notification 
in the Federal Register.
    (3) * * *
    (i) Summer flounder, scup, black sea bass, Atlantic sea scallop, NE 
multispecies, Atlantic mackerel, squid, and butterfish dealers must 
complete the ``Employment Data'' section of the Annual Processed 
Products Report; completion of the other sections of that form is 
voluntary. Reports must be submitted to the address supplied by the 
Regional Administrator.
    (ii) Surf clam and ocean quahog processors and dealers must provide 
the average number of processing plant employees during each month of 
the year just ended; average number of employees engaged in production 
of processed surf clam and ocean quahog products, by species, during 
each month of the year just ended; plant capacity to process surf clam 
and ocean quahog shellstock, or to process surf clam and ocean quahog 
meats into finished products, by species; an estimate, for the next 
year, of such processing capacities; and total payroll for surf clam 
and ocean quahog processing, by month. If the plant processing 
capacities required to be reported in this paragraph (a)(3)(ii) change 
more than 10 percent during any year, the processor shall notify the 
Regional Administrator in writing within 10 days after the change.
    (b) Vessel owners--(1) Fishing Vessel Trip Reports--(i) Owners of 
vessels issued a summer flounder, scup, black sea bass, Atlantic sea 
scallop, NE multispecies, or Atlantic mackerel, squid, and butterfish 
permits. The owner or operator of any vessel issued a permit for summer 
flounder, scup, black sea bass, Atlantic sea scallops, NE multispecies, 
Atlantic mackerel, squid or butterfish 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 Administrator. If authorized in 
writing by the Regional Administrator, vessel owners or operators may 
submit reports electronically, for example by using a VTS or other 
system. At least the following information, and any other information 
required by the Regional Administrator, must be provided: Vessel name; 
USCG documentation number (or state registration number, if 
undocumented); permit number; date/time sailed; date/time landed; trip 
type; number of crew; number of anglers (if a party or charter boat); 
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 (or count, if a party or charter vessel), 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).
* * * * *
    (f) Submitting reports--(1) Dealer or processor reports. (i) 
Detailed weekly trip reports, required by paragraph (a)(1) of this 
section, must be postmarked or received within 16 days after the end of 
each reporting week. If no fish are purchased during a reporting month, 
the report so stating required under paragraph (a)(1)(i) of this 
section must be postmarked or received within 16 days after the end of 
the reporting month.
    (ii) Weekly IVR system reports required in paragraph (a)(2) of this 
section must be submitted via the IVR system by midnight, Eastern time, 
each Tuesday for the previous reporting week.
    (iii) Annual reports for a calendar year must be postmarked or 
received by February 10 of the following year. Contact the Regional 
Administrator (see Table 1 to Sec. 600.502 of this chapter) for the 
address of NMFS Statistics.
* * * * *
    (g) Additional data and sampling. Federally permitted dealers must 
allow access to their premises and to make available to an official 
designee of the Regional Administrator any fish purchased from vessels 
for the collection of biological data. Such data include, but are not 
limited to, length measurements of fish and the collection of age 
structures such as otoliths or scales.
    4. In Sec. 648.14 paragraph (a)(8) is revised to read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (8) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with or bar by command, impediment, threat, or coercion any 
NMFS-approved observer or sea sampler aboard a vessel conducting his or 
her duties aboard a vessel, or any authorized officer conducting any 
search, inspection, investigation, or seizure in connection with 
enforcement of this part, or any official designee of the Regional 
Administrator conducting his or her duties, including those duties 
authorized in Sec. 648.7(g).
* * * * *
[FR Doc. 98-13300 Filed 5-18-98; 8:45 am]
BILLING CODE 3510-22-F