[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Rules and Regulations]
[Pages 52639-52641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26303]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 980414095-8240-02; I.D. 040798C]
RIN 0648-AJ37


Fisheries of the Northeastern United States; Dealer and Vessel 
Reporting Requirements

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to amend the dealer reporting 
requirements for the summer flounder, scup, black sea bass, surf clam, 
ocean quahog, Northeast (NE) multispecies, Atlantic sea scallop, 
Atlantic mackerel, squid, and butterfish fisheries and the vessel 
reporting requirements for the summer flounder and scup fisheries. This 
rule requires dealers of quota-managed species to report their 
purchases weekly via an Interactive Voice Response (IVR) system, 
modifies the submission schedule of written dealer reports, modifies 
the reporting requirements for certain vessels in the summer flounder 
or scup fisheries, and clarifies existing reporting requirements. 
Quota-managed species required to be reported via the IVR system 
include summer flounder, scup, black sea bass, regulated NE 
multispecies, Atlantic mackerel, squid, and butterfish. These revisions 
are necessary to collect more timely and accurate data to enhance 
immediate and long-term management of the fisheries, maintain the 
harvesting of these fisheries at sustainable levels, promote compliance 
with existing regulations, ensure consistency in reporting requirements 
among fisheries, and clarify existing regulatory text.

DATES: Effective November 1, 1998.

ADDRESSES: Copies of the Regulatory Impact Review supporting this 
action are available from Jon Rittgers, Acting Regional Administrator, 
Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930. 
Comments regarding the collection-of-information requirements contained 
in this final rule should be sent to the Acting Regional Administrator 
and to the Office of Management and Budget (OMB), Washington, D.C. 
20503 (Attention: NOAA Desk Officer).

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

SUPPLEMENTARY INFORMATION:

Background

    This rule revises the dealer reporting requirements in the summer 
flounder, scup, black sea bass, Atlantic mackerel, squid and 
butterfish, surf clam and ocean quahog, NE multispecies, and Atlantic 
sea scallop fisheries and revises the vessel reporting requirements in 
the summer flounder and scup fisheries. Regulations implementing the 
fishery management plans (FMP) for these species were prepared under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) and are found at 50 CFR part 648. 
Details concerning the development of these revisions were discussed in 
the preamble to the proposed rule (63 FR 27550, May 19, 1998).
    Revisions to the dealer and vessel reporting requirements contained 
in this rule were developed primarily as a result of the management 
measures that have been incorporated into several FMPs. For instance, 
in an effort to achieve the goals of the Magnuson-Stevens Act, certain 
species are now being managed by quota, annual target total allowable 
catch (TAC), or domestic annual harvest(DAH) limits. Many species have 
short seasons or require in-season management measures, such as 
closures or trip limits, to ensure that the harvest levels established 
in each FMP are not exceeded. Management measures must be based on the 
best available information, which includes monitoring the weekly 
landings of these species through dealer reports.
    While dealers are currently required to complete comprehensive 
written reports accounting for purchases of all species, it is 
difficult to collect and process the written forms within the timeframe 
needed for effective management. Therefore, NMFS is requiring dealers 
to use an IVR system to report their purchases of quota-managed species 
on a weekly basis. This will allow for better compliance with the 
quotas, fewer overages, and more accurate predictions of closure dates.
    Species managed by quota, TAC, or DAH and subject to IVR reporting 
include summer flounder, scup, black sea bass, Atlantic mackerel, 
Loligo and Illex squid, butterfish and regulated NE multispecies. The 
IVR system uses a toll-free number that dealers must call within 3 days 
following the end of the reporting week to report the following 
information: dealer permit number; dealer code; pounds purchased by 
species; reporting week in which purchases were made; and state of 
landing for each species purchased. If no purchases of any IVR-
monitored species were made during the reporting week, the dealer must 
submit a report so stating through the IVR system.
    The Administrator, Northeast Region, NMFS (Regional Administrator) 
has the authority to defer any species from the weekly IVR reporting 
requirements if landings are not expected to reach levels that would 
cause the applicable target exploitation rate specified in the FMP for 
that species to be exceeded. Deferral determinations will be based on 
the purchases reported, by species, in the comprehensive written 
reports submitted by dealers and on other available information. If 
data subsequently indicate that landing levels have increased to the 
extent that this determination ceases to be valid, the Regional 
Administrator will terminate the deferral by publishing a notification 
in the Federal Register. Therefore, it is conceivable that a deferral 
from IVR reporting requirements and a withdrawal of a given deferral 
could occur in any fishing year for a given quota-managed species.
    Concurrent with the implementation of the IVR system, the 
submission deadline for written reports is extended from within 3 days 
following the end of the reporting week, to within 16 days following 
the end of the reporting week. In addition to providing dealers with 
the convenience of having more time to complete and submit the written 
reports, this change will result in more accurate pricing information 
being collected on the written reports. Such pricing information, often 
unavailable to dealers within 3 days following the end of the reporting 
week, becomes available within 16 days following the end of the 
reporting week. The written reports submitted by dealers will continue 
to provide the comprehensive data that are necessary for successful 
long-term management of each fishery. Dealers retain the option of 
submitting the required information electronically, if authorized in 
writing to do so by the Regional Administrator.
    The reporting period for negative written reports (reports stating 
that no fish were purchased) is changed from weekly to monthly. If no 
fish were purchased during the reporting month, dealers are required to 
report that on the required form, which must be submitted within 16 
days following the end of the reporting month.
    Dealers are currently required to report the Federal permit number 
of the vessel from which fish are purchased or landed. However, because 
many of the

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species purchased by dealers are not subject to Federal management and 
are caught by vessels that hold no Federal permits, dealers may 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. This rule clarifies to dealers that 
species must be reported by market category, when applicable.
    NMFS is adding language to allow for the collection of biological 
data (fish lengths) and of samples (scales and otoliths for aging) that 
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 is revising 
the regulations to make it explicit that federally permitted dealers 
are required to grant such access.
    Existing regulations require shellfish processors to notify the 
Regional Administrator whether the plant processing capacities change 
by more than 10 percent during any year. NMFS is specifying that the 
processor must notify the Regional Administrator in writing within 10 
days after this change.
    Reporting requirements for any party or charter vessel issued a 
Federal summer flounder or scup permit, other than a moratorium permit, 
are revised to require these vessels to submit reports for each trip, 
regardless of the species fished for or retained. Currently, vessels in 
this category are required to submit an accurate daily fishing log 
report only for those trips landing summer flounder or scup, 
respectively. This change will 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 and allow for the collection of more 
comprehensive data.

Comments and Responses

    No comments were received during the public comment period for the 
proposed rule, which closed on June 18, 1998.

Classification

    This final rule has been determined to be not significant for the 
purposes of E.O. 12866.
    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 would not have a 
significant economic impact on a substantial number of small entities. 
No comments were received regarding this certification. As a result, a 
regulatory flexibility analysis was not prepared.
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a 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.
    This final 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 approved by OMB 
under OMB control no. 0648-0229 and is estimated to take 4 minutes per 
response.
    The estimated response time includes the time needed for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding any of these burden 
estimates or any other aspect of the collection of information to NMFS 
and to OMB (see ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: September 25, 1998.
Andrew A. Rosenberg,
Acting Assistant Administrator, for Fisheries, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 648 is 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 definitions for ``Dealer 
code'', ``IVR system'', and ``Quota-managed species'' in alphabetical 
order 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, by annual target or actual 
TAC, or by DAH limits.
* * * * *
    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 heading and 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 to the 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 and 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 permit 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 a 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 during an entire reporting month, a

[[Page 52641]]

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; reporting 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 exceeded. 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) for the address of NMFS 
Statistics.
* * * * *
    (g) Additional data and sampling. Federally permitted dealers must 
allow access to their premises and 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. 98-26303 Filed 9-30-98; 8:45 am]
BILLING CODE 3510-22-F