[Federal Register Volume 65, Number 159 (Wednesday, August 16, 2000)]
[Rules and Regulations]
[Pages 49941-49942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20717]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 981216308-9124-02; I.D. 040500B]
RIN 0648-AJ67


Atlantic Highly Migratory Species (HMS) Fisheries; Vessel 
Monitoring Systems

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

ACTION: Delay of effectiveness.

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SUMMARY: NMFS delays until October 1, 2000, the effective date of a 
section of a final rule published May 28, 1999, which requires certain 
vessel owner/

[[Page 49942]]

operators to install a NMFS-approved vessel monitoring system (VMS).

DATES: The effective date of 50 CFR 635.69 is 12:01 a.m. October 1, 
2000.

ADDRESSES: Copies of the Highly Migratory Species Fishery Management 
Plan (HMS FMP), the final rule and supporting documents can be obtained 
from Chris Rogers, Acting Chief, Highly Migratory Species Division, 
Office of Sustainable Fisheries, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Steve Meyers, NMFS, (301) 713-2347, or 
Buck Sutter and Jill Stevenson (727) 570-5447.

SUPPLEMENTARY INFORMATION: The final regulations to implement the HMS 
FMP and Amendment 1 to the Atlantic Billfish Fishery Management Plan 
(64 FR 29090, May 28, 1999) included a provision requiring an owner or 
operator of a commercial vessel permitted to fish for Atlantic HMS 
under Sec. 635.4 and that fishes with a pelagic longline to install a 
NMFS-approved VMS unit on board the vessel and operate the VMS unit 
whenever the vessel leaves port with pelagic longline gear on board. 
The VMS requirement of the final rule (Sec. 635.69) was to be effective 
September 1, 1999.
    On August 9, 1999, NMFS delayed the effective date of this final 
rule until January 1, 2000 (64 FR 43101). On October 14, 1999, NMFS 
again delayed the effective date of this final rule until June 1, 2000 
(64 FR 55633). On April 19, 2000, NMFS further delayed the effective 
date of implementation of the VMS regulations until September 1, 2000 
(65 FR 20918).
    On August 1, 2000, NMFS published a final rule (65 FR 47214) to 
reduce bycatch by prohibiting the use of pelagic longline fishing gear 
in three areas: the year-round DeSoto Canyon closure in the Gulf of 
Mexico starting November 1, 2000; the year round East Florida Coast 
closure beginning on February 1, 2001; and the seasonal Charleston Bump 
closure from February 1 through April 30 each year, beginning in 2001.
    Since publication of the final rule implementing the time area 
closures, NMFS has received several requests for an additional delay of 
the VMS requirement until the effective dates of the new closed areas 
(November 1, 2000 in the Gulf of Mexico and February 1, 2001 in the 
Atlantic Ocean). These requests included the information that many 
vessels have not yet purchased VMS units, as vessel owners have been 
waiting for the resolution of litigation against NOAA Fisheries over 
the regulatory requirement for these devices.
    Because the regulations implementing the new time area closures 
will not require the use of VMS for enforcement purposes until November 
1, 2000 (the initial effective date of the DeSoto Canyon closed area), 
NMFS agrees that a short delay in the VMS requirement will not 
compromise NMFS' ability to enforce the fishery closures. An October 1, 
2000, effective date would give an additional month for vessel owners 
to acquire and install the units. Although the designated Atlantic 
Ocean closed areas are not effective until February 1, 2001, requiring 
all vessels using pelagic longlines to operate VMS units in all fishing 
areas as of October 1, 2000 will facilitate tracking and monitoring of 
vessels as they begin to modify fishing practices in response to the 
bycatch reduction strategy.
    NMFS thus delays the effective date of the VMS regulations at 50 
CFR 635.69 until October 1, 2000.

    Dated: August 10, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Services.
[FR Doc. 00-20717 Filed 8-10-00; 4:51 pm]
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