[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Rules and Regulations]
[Pages 42290-42291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15333]



[[Page 42290]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 160622548-6548-01]
RIN 0648-BG16


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: Final rule.

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SUMMARY: NMFS is announcing a change in the dealer landings reporting 
methodology for Atlantic bluefin tuna (BFT) from use of handwritten and 
faxed landings reports to use of an electronic reporting system via the 
Internet. The online BFT dealer report system is now available, and 
NMFS has determined that expedited transition to this online system is 
in the public interest and necessary to maintain accurate reporting 
given issues with the software currently being used to process faxed 
documents. This rule specifies the effective date for use of the online 
system and elimination of the fax option. These requirements apply to 
all Highly Migratory Species (HMS) dealers with a valid Atlantic Tunas 
dealer permit issued under applicable regulations.

DATES: This final rule is effective July 28, 2016. Public conference 
call and webinars will be held on July 19 and July 22, from 1:30 to 
3:30 p.m., Eastern Daylight Time.

ADDRESSES: For details on the call-in and Web site information for the 
two public conference call and webinars, please see the table in the 
SUPPLEMENTARY INFORMATION section, under the ``Public Conference Call 
and Webinars'' heading.

FOR FURTHER INFORMATION CONTACT: Brad McHale or Dianne Stephan, 978-
281-9260.

SUPPLEMENTARY INFORMATION: Regulations implemented under the authority 
of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of bluefin 
tuna by persons and vessels subject to U.S. jurisdiction, and the 
associated reporting obligations, are found at 50 CFR part 635. Section 
635.5(b)(2)(i) specifies that each dealer with a valid Atlantic Tunas 
dealer permit issued under Sec.  635.4 must submit the landing reports 
to NMFS for each bluefin received from a U.S. fishing vessel. Such 
reports must be submitted electronically by sending a facsimile or, 
once available, via the Internet, to a number or a web address 
designated by NMFS not later than 24 hours after receipt of the 
bluefin. Landing reports must include the name and permit number of the 
vessel that landed the bluefin and other information regarding the 
catch as instructed by NMFS. The purpose of this final rule is to 
notify Atlantic bluefin tuna dealers that the online reporting system 
anticipated by the regulations is now available and that landings 
reports may no longer be submitted electronically by fax (i.e., dealers 
may no longer fax the paper landings report).
    NMFS is publishing this rule without a prior proposed rule because 
the software NMFS uses to process the faxed forms is no longer 
supported and thus is unreliable and could affect reporting. 
Furthermore, the online reporting process will simplify and improve 
reporting, should not impact any members of the regulated community 
negatively, and will not change the substance or value of the reports. 
Thus, it is in the best interest of the regulated public.
    In addition to this rule, NMFS will notify the regulated community 
of this change through directed outreach to bluefin tuna dealers via 
phone calls. NMFS will hold two webinars (see Table 1 below) with 
instructions on use of the system, and a user manual will be posted 
online. No other aspects of the landings reporting system or associated 
requirements are affected by this final rule.

Public Conference Call and Webinars

    NMFS will hold two public conference call and webinars to provide 
further information about the requirements of the final rule and use of 
the online BFT dealer reporting system. To participate in those calls, 
use the following information:

      Table 1--Date and Time of Public Conference Call and Webinars
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           Date and time                     Access information
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July 19, 2016 1:30-3:30 p.m.        To participate in conference call,
 Eastern Daylight Time.              call: (888) 635-5002.
                                    Passcode: 2877751.
                                    To participate in webinar, go to:
                                     https://noaaevents2.webex.com/noaaevents2/onstage/g.php?MTID=ecb8d03bf09bf6d8dc1994502f9d2fc98 2f9d2fc98.
                                    Meeting Number: 992 843 839.
                                    Meeting Password: NOAA.
July 22, 2016 1:30-3:30 p.m.        To participate in conference call,
 Eastern Daylight Time.              call: (888) 942-8620.
                                    Passcode: 2999547.
                                    To participate in webinar, go to:
                                     https://noaaevents2.webex.com/noaaevents2/onstage/g.php?MTID=e81c6abcd4d57bed7067b7eb38b39d355 38b39d355.
                                    Meeting Number: 999 222 449.
                                    Meeting Password: NOAA.
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    To participate in the webinars online, enter your name and email 
address, and click the ``JOIN'' button. Participants that have not used 
WebEx before will be prompted to download and run a plug-in program 
that will enable them to view the webinar. Presentation materials and 
other supporting information will be posted on the HMS Web site at 
www.nmfs.noaa.gov/sfa/hms.

Classification

    The Assistant Administrator for NMFS (AA) has determined that this 
final rule is consistent with the Magnuson-Stevens Act, the 2006 
Consolidated Atlantic HMS FMP and its amendments, ATCA, and other 
applicable law.
    The AA finds that it is impracticable and contrary to the public 
interest to provide an opportunity for public comment on this action 
for the following reasons:
    In 2005, NMFS notified the regulated community that NMFS 
anticipated

[[Page 42291]]

using an online (Internet) reporting system to meet landings reporting 
requirements ``once available,'' and public comment was supportive of 
this approach. See the Proposed Rule to consolidate the Fishery 
Management Plan (FMP) for Atlantic Tunas, Swordfish, and Sharks and the 
FMP for Atlantic Billfish (70 FR 48804 at 48821, 48830, August 19, 
2005) and the Final Rule to implement the Final Consolidated HMS FMP 
(71 FR 58058, October 2, 2006). NMFS is not providing an opportunity 
for additional notice and comment on this final rule because such 
notice and comment would be impracticable and contrary to the public 
interest. NMFS was recently notified that the vendor who provides the 
software that has been used to process the faxed landings reports is 
ending support for that software, making its continued functionality 
and reliability uncertain. Failure of this system could result in 
severe delays in reporting necessary to meet NMFS' international and 
domestic obligations and affect NMFS' ability to monitor the fishery. 
Thus, it is in the public interest for the transition to the online 
(Internet) reporting system to occur quickly to ensure that landings 
data continue to be entered quickly and the fishery is accurately 
monitored so that quotas are not exceeded, the fishery is properly 
managed, and reports are timely submitted as required to comply with 
international and domestic requirements. Furthermore, the changes in 
this final rule will make it easier for bluefin tuna dealers to report 
landings data by providing a less burdensome online system in lieu of 
using paper landings reports and fax machines and will be more 
reliable. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) 
to waive the opportunity for public comment.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Additionally, although there are no new collection-of-information 
requirements associated with this action that are subject to the 
Paperwork Reduction Act, existing collection-of information 
requirements still apply under the following Control Number: (1) 0648-
0040, the HMS Dealer Reporting Family of Forms. Notwithstanding any 
other provision of the law, no person is required to respond to, and no 
person shall be subject to 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. Because prior notice and opportunity for public comment 
are not required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, 
Penalties, Reporting and recordkeeping requirements, Treaties.

    Dated: June 23, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 635 is amended 
as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

0
1. The authority citation for part 635 continues to read as follows:

    Authority:  16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.


0
2. In Sec.  635.5, revise paragraph (b)(2)(i)(A) to read as follows:


Sec.  635.5  Recordkeeping and reporting.

* * * * *
    (b) * * *
    (2) * * *
    (i) * * *
    (A) Landing reports. Each dealer with a valid Atlantic Tunas dealer 
permit issued under Sec.  635.4 must submit the landing reports to NMFS 
for each bluefin received from a U.S. fishing vessel. Such reports must 
be submitted electronically via the Internet to a number or a web 
address designated by NMFS not later than 24 hours after receipt of the 
bluefin. Landing reports must include the name and permit number of the 
vessel that landed the bluefin and other information regarding the 
catch as instructed by NMFS. When purchasing bluefin tuna from eligible 
IBQ Program participants or Atlantic Tunas Purse Seine category 
participants, permitted Atlantic Tunas dealers must also enter landing 
reports into the electronic IBQ System established under Sec.  635.15, 
not later than 24 hours after receipt of the bluefin. The vessel owner 
or operator must confirm that the IBQ System landing report information 
is accurate by entering a unique PIN when the dealer report is 
submitted. The dealer must inspect the vessel's permit to verify that 
it is a commercial category, the required vessel name and permit number 
as listed on the permit are correctly recorded in the landing report, 
and that the vessel permit has not expired.
* * * * *
[FR Doc. 2016-15333 Filed 6-28-16; 8:45 am]
 BILLING CODE 3510-22-P