[Federal Register Volume 73, Number 180 (Tuesday, September 16, 2008)]
[Rules and Regulations]
[Pages 53390-53392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21597]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 080225265-81165-02]
RIN 0648-AW28


Fisheries of the Exclusive Economic Zone Off Alaska; 
Recordkeeping and Reporting

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to exempt groundfish catcher/
processors and motherships equipped with an operational vessel 
monitoring system transmitter from check-in/check-out requirements. 
This action reduces paperwork requirements for certain catcher/
processors and motherships and changes the definitions for ``active'' 
period for motherships and trawl, longline, and pot gear catcher/
processors. This action reduces administrative costs for both the 
fishing industry and NMFS.

DATES: Effective October 16, 2008.

ADDRESSES: Written comments regarding the burden-hour estimates or 
other aspects of the collection-of-information requirements contained 
in this final rule may be submitted to NMFS Alaska Region, P. O. Box 
21668, Juneau, AK 99802 or the Alaska Region NMFS website at http://alaskafisheries.noaa.gov and by email to [email protected], or 
fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7008.

SUPPLEMENTARY INFORMATION:

Background

    NMFS manages the U.S. groundfish fisheries of the exclusive 
economic zone (EEZ) off Alaska under the Fishery Management Plan for 
Groundfish of the Bering Sea and Aleutian Islands Management Area and 
the Fishery Management Plan for Groundfish of the Gulf of Alaska 
(FMPs). The North Pacific Fishery Management Council

[[Page 53391]]

prepared the FMPs pursuant to the Magnuson-Stevens Fishery Conservation 
and Management Act, 16 U.S.C. 1801 et seq. (Magnuson-Stevens Act). 
Regulations implementing the FMPs appear at 50 CFR part 679. General 
regulations that pertain to U.S. fisheries appear at subpart H of 50 
CFR part 600.

Check-in/check-out Reports

    A fish processor uses a check-in/check-out report to notify NMFS 
that it will participate or cease participation in a groundfish 
fishery. The check-in/check-out report also tells NMFS where fishing 
will occur (if a catcher/processor) or where groundfish will be 
received (if a mothership). NMFS inseason managers originally used the 
check-in/check-out information to monitor fishing capacity and effort. 
The information also was used by the United States Coast Guard to 
monitor catcher/processor and mothership vessel location.
    According to regulations at Sec.  679.5(h), catcher/processor and 
mothership operators, and shoreside processor and stationary floating 
processor managers must submit check-in/check-out reports on behalf of 
the processor. This action exempts operators of catcher/processors and 
motherships equipped with an operational vessel monitoring system (VMS) 
transmitter from submitting a check-in/check-out report to NMFS. 
Specifically, this action revises the text at Sec.  679.5(h) to state 
that a catcher/processor or mothership that is not carrying onboard an 
operational VMS transmitter that meets the requirements of Sec.  
679.28(f) must submit check-in/check-out reports.
    This action does not change the check-in/check-out report 
submission requirement for shoreside processors and stationary floating 
processors.

Vessel Monitoring System (VMS)

    Over the past ten years, NMFS has added the requirement for VMS use 
in many fishery management programs to monitor vessel location. VMS 
transmitters combine global positioning systems and satellite 
communications to automatically provide precise location reports to 
NMFS several times each hour. NMFS requires VMS transmissions when a 
vessel is operating in:
     Any reporting area off Alaska while any fishery requiring 
VMS for which the vessel has a species and gear endorsement on its 
Federal Fisheries Permit is open;
     The Aleutian Islands subarea;
     The Gulf of Alaska (GOA) and mobile bottom contact gear is 
onboard; and
     The Central GOA Rockfish Pilot Program.

Active and Inactive Status

    NMFS' current recordkeeping and reporting regulations are based on 
the active/inactive status of fishery participants. Processors, 
including motherships and trawl, longline, and pot gear catcher/
processors, must record the occurrence of active and inactive periods. 
If inactive, a processor is required to do minimum recordkeeping and is 
not required to submit a check-in/check-out report. If active, a 
processor must submit a check-in/check-out report in addition to 
recording and reporting detailed catch information in logbooks and 
electronic and non-electronic reports.
    The definition for an active period for a mothership and catcher/
processor currently means ``when checked-in or processing.'' Because 
this action eliminates the check-in/check-out report submittal 
requirement for certain of the motherships and catcher/processors, 
these processors would not qualify as being active and therefore would 
not need to report catch information. Therefore, the definition for an 
active period must change by removing ``checked-in'' as a reason for 
being active.
    For a catcher/processor using longline or pot gear, the definition 
for ``active'' status is revised at Sec.  679.5(a)(7)(i)(D)(1) to 
describe that ``active'' status starts when all or part of the longline 
or pot gear is in the water. For a catcher/processor using trawl gear, 
the definition for ``active'' status is revised at Sec.  
679.5(a)(7)(i)(D)(2) to describe that ``active'' status starts when all 
or part of the trawl net is in the water. Further, for a mothership, 
the definition for ``active'' status is revised at Sec.  
679.5(a)(7)(i)(C) to describe that an ``active'' status is when a 
mothership is receiving or processing groundfish.
    A proposed rule was published in the Federal Register on May 29, 
2008 (73 FR 30876), and the public review and comment period closed on 
June 30, 2008. No comments were received, and no changes have been made 
to the proposed rule. Please refer to the proposed rule for more 
detailed background information.

Classification

    The Administrator, Alaska Region, NMFS, determined that this 
regulatory amendment is necessary for the conservation and management 
of the groundfish fishery and that it is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification, and no changes have been made to the 
proposed rule. As a result, a regulatory flexibility analysis was not 
required and none was prepared.

Collection-of-Information

    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) that has been approved by OMB 
under Control Number 0648-0213. Public reporting burden for the check-
in/check-out report is estimated to average seven minutes per response 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection-of-information. The removal of the requirement 
for check-in and check-out reports by catcher/processors and 
motherships will result in an estimated annual savings of 248 burden 
hours per year, $6,200 in personnel costs, and $3,928 in miscellaneous 
costs.
    Send comments regarding this burden estimate, or any other aspect 
of this data collection, including suggestions for reducing the burden, 
to NMFS (see ADDRESSES) and by e-mail to [email protected], or 
fax to 202-395-7285.
    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 PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.


[[Page 53392]]


    Dated: September 10, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 679 is amended as 
follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
1. The authority citation for part 679 continues to read as follows:

    Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
and Pub. L. 108-447.

0
2. In Sec.  679.5:
0
a. Paragraphs (h)(2) and (h)(3) are redesignated as paragraphs (h)(3) 
and (h)(4), respectively.
0
b. Paragraph (h)(2) heading and paragraph (h)(2)(i) are added.
0
c. Paragraph (h)(1)(iii) is redesignated as paragraph (h)(2)(ii).
0
d. Paragraphs (a)(7)(i)(C), (a)(7)(i)(D), and (h)(1) introductory text, 
and the heading for newly redesignated paragraph (h)(2)(ii) are 
revised.
    The additions and revisions read as follows:


Sec.  679.5  Recordkeeping and reporting (R&R).

    (a) * * *
    (7) * * *
    (i) * * *

------------------------------------------------------------------------
     If
 participant      And fishing      An active period is.    An inactive
   is. . .      activity is. . .            . .           period is. . .
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* * * * * *   ...................  ....................  ...............
 *
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(C) MS        Receipt, discard,    When receiving or     When not active
               or processing of     processing
               groundfish           groundfish.
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(D) C/P       Harvest, discard,    A longline or pot     When not active
               or processing        gear catcher/
               groundfish           processor is active
                                    when processing
                                    groundfish or when
                                    all or part of the
                                    longline or pot
                                    gear is in the
                                    water.
                                  --------------------------------------
              ...................  A trawl gear catcher/ When not active
                                    processor is active
                                    when processing
                                    groundfish or when
                                    all or part of the
                                    trawl net is in the
                                    water.
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* * * * * *   ...................  ....................  ...............
 *
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* * * * *
    (h) * * *
    (1) Requirement. Except as noted in paragraph (h)(2) of this 
section, the operator of a catcher/processor or mothership and the 
manager of a shoreside processor or stationary floating processor must 
submit to NMFS a check-in report (BEGIN message) prior to becoming 
active and a check-out report (CEASE message) for every check-in report 
submitted. The check-in report and check-out report must be submitted 
by fax to 907-586-7131, or by e-mail to 
[email protected].
* * * * *
    (2) Exceptions--(i) VMS onboard. The operator of a catcher/
processor or mothership is not required to submit to NMFS a check-in 
report or check-out report if the vessel is carrying onboard a 
transmitting VMS that meets the requirements of Sec.  679.28(f).
    (ii) Two adjacent reporting areas. * * *
* * * * *
[FR Doc. E8-21597 Filed 9-15-08; 8:45 am]
BILLING CODE 3510-22-S