[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Proposed Rules]
[Pages 23770-23771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10591]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170113076-7463-01]
RIN 0648-BG60


Fisheries of the Northeastern United States; Regulatory Omnibus 
Framework Adjustment To Modify Reporting Requirements for Electronic 
Vessel Trip Reports by Federally Permitted Party and Charter Vessel 
Operators in the Mid-Atlantic Region

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

ACTION: Proposed rule, request for comments.

-----------------------------------------------------------------------

SUMMARY: The Omnibus Electronic Vessel Trip Report Framework proposes 
management measures to increase the timeliness, accuracy, and quality 
of fisheries data submitted to NMFS while also reducing the burden on 
the charter and party fishing fleets. The electronic vessel trip report 
Framework would implement a requirement for charter and party vessels 
that hold a permit to fish for Atlantic bluefish, black sea bass, scup, 
summer flounder, tilefish, squid, Atlantic mackerel, and/or butterfish, 
while on a trip carrying passengers for hire, to submit required VTRs 
by electronic means. These proposed measures are intended to improve 
the timeliness and accuracy of charter and party vessel trip reporting.

DATES: Public comments must be received by June 23, 2017.

ADDRESSES: Copies of supporting documents used by the Mid-Atlantic 
Fishery Management Council, including the Proposed Framework Adjustment 
with Regulatory Impact Review (RIR) is available from: Dr. Christopher 
M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, 
800 North State Street, Suite 201, Dover, DE 19901, telephone (302) 
674-2331. The Proposed Framework/RIR is also accessible via the 
Internet at http://www.greateratlantic.fisheries.noaa.gov.
    You may submit comments, identified by NOAA-NMFS-2017-0043, by 
either of the following methods:

--Electronic Submission: Submit all electronic public comments via the 
Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0043, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
--Mail: Submit written comments to NMFS, Greater Atlantic Regional 
Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside 
of the envelope ``Comments on Omnibus eVTR Framework.''

    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to the Greater Atlantic Regional 
Fisheries Office and by email to [email protected] or fax to 
(202) 395-5806.

FOR FURTHER INFORMATION CONTACT: Daniel Luers, Fishery Management 
Specialist, (978) 282-8457, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: 

Background

    For the past 25 years, NMFS has mandated reporting of catch, 
landings, and trip information through vessel trip reports (VTRs). 
Between 1992 and 1996, NMFS implemented this requirement for most 
vessels holding Federal fishing permits in Northeast Atlantic 
fisheries. In 2004, mandatory electronic reporting by federally 
permitted dealers was implemented for almost all federally-managed 
species. Requirements for weekly submissions of VTRs were implemented 
in 2010 for fisheries under catch shares, with weekly reporting later 
expanded to herring, mackerel, and surf clam/ocean quahog IFQ 
fisheries. In July 2011, the NMFS Greater Atlantic Regional Fisheries 
Office approved the use of electronic reporting of VTRs on a limited 
and voluntary basis for a segment of the groundfish fleet, and, in 
2013, NMFS made electronic vessel trip reports (eVTRs) available as an 
alternative to submitting handwritten hardcopies for all Mid-Atlantic 
and New England Fishery Management Council fishery management plans 
(FMPs).
    Owners and operators of vessels possessing permits for fisheries 
managed by Mid-Atlantic Fishery Management Council (MAFMC) FMPs are 
required to submit a VTR for every commercial, party, or charter trip 
taken, regardless of where they fish (state or Federal waters) or what 
they catch. MAFMC-managed species that include a for-hire VTR 
requirement include black sea bass, bluefish, scup, summer flounder, 
tilefish, Atlantic mackerel, squid, and butterfish.
    Current regulations require vessel owners or operators with permits 
for MAFMC-managed species to submit VTRs monthly to NMFS's Greater 
Atlantic Regional Fisheries Office (GARFO) by the 15th day of the month 
following the month in which the trip occurred. The Atlantic Mackerel, 
Squid, and Butterfish FMP requires weekly VTR reporting. If a trip 
encompasses multiple NMFS statistical areas, a separate VTR must be 
submitted for each statistical area where fishing activity takes place. 
A separate VTR is also required for each reporting period. If a vessel 
does not land any fish on a trip, all trip information must be 
completed and ``No Catch'' entered in as the species code name. A VTR 
is required regardless of where fishing occurs, meaning that a vessel 
subject to these requirements in the Greater Atlantic must report even 
if they fish in the Southeast or any other region (does not apply to 
vessels holding only an American lobster permit). Since VTRs are in 
addition to any other reports which may be required by other Regions or 
plans, multiple reports may be required. VTRs, and any records upon 
which the reports were based, must be kept on board the vessel for at 
least one year and retained by the owner/operator for a total of three 
years after the date of the last entry on the report.

Proposed Measure

    The Omnibus eVTR Framework would require charter and party vessels 
that hold a permit for species managed by MAFMC FMPs, while on a trip 
carrying passengers for hire, to submit VTRs by electronic means. These 
vessels would also be required to submit the eVTRs within 48 hours 
following the completion of a fishing trip. Federally permitted vessel 
owners and operators on commercial fishing trips

[[Page 23771]]

will maintain the option to submit VTRs through hardcopy by mail or 
through electronic means.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
Assistant Administrator has determined that this proposed rule is 
consistent with the Atlantic Mackerel, Squid, and Butterfish FMP; the 
Bluefish FMP; the Summer Flounder, Scup, and Black Sea Bass FMP; the 
Tilefish FMP; other provisions of the Magnuson-Stevens Act; and other 
applicable law, subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The proposed action contains collection-of-information requirements 
subject to review and approval by the Office of management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). This requirement has 
been submitted to OMB for approval under Control Number 0648-0212. 
Public reporting burden for the new eVTR requirement is estimated to 
average 3 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 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 shall 
have 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 the 
Regional Administrator (see ADDRESSES), and email to 
[email protected], or fax to (202) 395-5806.
    Notwithstanding any other provisions of the law, no person is 
required 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. All currently approved NOAA collections of 
information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities.
    Vessels that hold charter or party (for-hire) Federal permits for 
species managed under Mid-Atlantic Council FMPs were identified as 
business entities affected by this action. Any entity with combined 
annual fishery landing receipts less than $7.5 million for for-hire 
entities and $11 million for commercial entities is considered a small 
business. In 2015, 869 for-hire permits were owned by 785 entities. Of 
these entities, 171 were categorized as commercial fishing entities, 
394 were categorized as for-hire entities, and 220 had no revenue in 
2015. All of the 785 entities with Mid-Atlantic charter or party 
permits are classified as small businesses based on their revenue.
    Complying with the proposed eVTR requirements can be accomplished 
for no cost with only a personal computer (or tablet) and internet 
connection. The ubiquitous nature of computers and internet 
availability in private homes and businesses, as well as free access to 
both in most public libraries and other locations, provides a free or 
minimal cost means for permit holders to submit eVTRs. Therefore, there 
is little to no direct negative economic impact to permit holders. 
Although this low-cost option is available, for-hire captains may 
voluntarily choose a different reporting mechanism, additional 
services, or upgraded hardware options that would increase their costs 
to varying degrees, but those would be voluntary and not a direct 
result of the proposed eVTR submission requirements. Because the 
proposed action is not expected to have a significant economic impact 
on a substantial number of small entities, an initial regulatory 
flexibility analysis is not required and none has been prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: May 18, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

    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

0
1. The authority citation for part 648 continues to read as follows:

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

0
2. In Sec.  648.7, paragraphs (b)(1)(iii) and (f)(2)(iii) are added to 
read as follows:


Sec.  648.7  Recordkeeping and reporting requirements.

* * * * *
    (b) * * *
    (1) * * *
    (iii) Charter/Party vessel permit owners and operators. The owner 
or operator of any fishing vessel that holds a Federal charter/party 
(for-hire) permit to fish for Atlantic bluefish, black sea bass, scup, 
summer flounder, tilefish, Atlantic mackerel, squid, and/or butterfish, 
when on a trip carrying passengers for hire, must submit the required 
Vessel Trip Report by electronic means. The report must contain all 
applicable information outlined in paragraph (b)(1)(i) of this section.
* * * * *
    (f) * * *
    (2) * * *
    (iii) Charter/Party vessel electronic log reports, required by 
paragraph (b)(1)(iii) of this section, must be submitted within 48 
hours after entering port at the conclusion of a trip.
* * * * *
[FR Doc. 2017-10591 Filed 5-23-17; 8:45 am]
 BILLING CODE 3510-22-P