[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Rules and Regulations]
[Pages 42610-42612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19137]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Doc. No. 170113076-7772-02]
RIN 0648-BG60


Omnibus Framework Adjustment Requiring Electronic Vessel Trip 
Reporting for 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: Final rule.

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SUMMARY: This action approves and implements regulations submitted by 
the Mid-Atlantic Fishery Management Council in an Omnibus Framework 
Adjustment to all of its fishery management plans. The Electronic 
Vessel Trip Report Framework implements 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 vessel trip reports by electronic means. This action is 
intended 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.

DATES: This rule is effective March 12, 2018.

ADDRESSES: Copies of supporting documents used by the Mid-Atlantic 
Fishery Management Council, including the Framework Adjustment with

[[Page 42611]]

Regulatory Impact Review (RIR) is available from: John K. Bullard, 
Regional Administrator, National Marine Fisheries Service, 55 Great 
Republic Drive, Gloucester, MA 01930. The Framework/RIR is accessible 
via the Internet at http://www.greateratlantic.fisheries.noaa.gov. 
These documents are also accessible via the Federal eRulemaking Portal: 
http://www.regulations.gov.

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 (VTR). 
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 individual 
fishing quota fisheries. In July 2011, the NMFS Greater Atlantic 
Regional Fisheries Office (GARFO) 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 (eVTR) available as an alternative to submitting handwritten 
hardcopies for all fishery management plans (FMP) in the region.
    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 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). Because VTRs are in addition to any other reports 
which may be required by other Regions, states, 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.

Approved Measures

    The Omnibus eVTR Framework requires 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 are required to submit these eVTRs through a NOAA-approved 
software application within 48 hours following the completion of a 
fishing trip. Federally permitted vessel owners and operators on 
commercial fishing trips will maintain the option to submit VTRs 
through hardcopy by mail or through electronic means.

Comments and Responses on Measures Proposed in the eVTR Omnibus 
Framework

    We received six comments on the proposed rule (May 24, 2017, 82 FR 
23770): Five from fishing industry members and one from a company that 
specializes in marine electronic reporting technology. All comments 
supported adopting this framework. We consolidated responses to similar 
comments and our responses are below.
    Comment 1: All six commenters suggested that this action would 
improve the timeliness and accuracy of data used for management of the 
affected fisheries, and supported the implementation of this framework.
    Response: We agree. This Framework was designed to result in more 
accurate and more timely data for use in better management of the 
fisheries affected by this action.
    Comment 2: Four commenters suggested that eVTRs are more accurate 
and timely than the Marine Recreational Information Program (MRIP), 
which is the primary recreational data collection program.
    Response: NMFS is mandated to use the best available science in 
making management decisions. Since 2005, Northeast VTR data has been 
incorporated into the effort estimate for the for-hire fleet at the end 
of the year. Recently, MRIP began incorporating VTR effort data into 
the preliminary in-season estimates. This framework will further 
increase the timeliness and accuracy of data used in future management 
decisions.
    Comment 3: Two commenters suggested that some members of the 
charter/party fleet may have difficulty with electronic reporting due 
to lack of technological knowledge. They suggested that these industry 
members may need training in the use of this technology, and also 
suggested a delayed implementation of this rule to allow these industry 
members time to acclimate to the new requirements before the rule went 
into effect.
    Response: We have incorporated a delay in implementation into this 
action, such that it will not take effect until six months after this 
rule is published. This is to allow the industry adequate time to 
update software and/or receive the training necessary to fulfill the 
requirements of this action. In addition, we will work with MAFMC and 
approved contractors to provide training sessions for vessel operators 
on creating and submitting eVTRs, which will provide the industry with 
the knowledge and ability to meet the reporting requirements of this 
Framework.
    Comment 4: One commenter suggested that similar actions making 
eVTRs mandatory should be adopted in Southern Atlantic and Gulf of 
Mexico fisheries.
    Response: Although we cannot modify another region's regulations, 
we are aware that the Gulf of Mexico Fishery Management Council is 
currently working with NMFS on a similar regulation for charter vessels 
and headboats in the Gulf of Mexico and Atlantic Region. We encourage 
providing such comments to the South Atlantic Fishery Management 
Council (1-(866)-SAFMC-10, [email protected]), the Gulf of 
Mexico Fishery Management Council (1-(888)-833-1844, 
[email protected]), and/or the NOAA Southeast Regional Office 
(1-(727)-824-5301).

Changes From the Proposed Rule

    The final rule for the eVTR Omnibus Framework contains a minor 
clarification to the proposed rule. Specifically, NMFS revised

[[Page 42612]]

Sec.  [thinsp]648.7(b)(1)(iii) of the proposed rule to include the 
stipulation that vessels must submit eVTR reports through a NOAA-
approved software application. This clarification was necessary to 
match the MAFMC's intent for this action.

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 final 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.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This action contains collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA) that have been approved by the 
Office of Management and Budget (OMB) 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. NMFS estimates that this action will reduce 
time and cost burdens from what was previously approved. Specifically, 
NMFS estimates that this action will result in a 2-minute reduction 
from the previous time burden of 5 minutes per response for paper VTRs 
submitted by mail. Thus, the sum of the total burden on vessels 
impacted by this rule would be reduced by 642 hr to 10,866 annually. 
Additionally, the sum of reporting costs for impacted vessels would be 
reduced by $9,000 to $52,000 annually. Send comments regarding these 
burden estimates or any other aspects of the collection of information, 
including suggestions for reducing the burden, 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 rule will not have a significant economic 
impact on a substantial number of small entities. The factual basis for 
this determination was published in the proposed rule and is not 
repeated here. No public comments were received on the proposed rule 
regarding the certification, and NMFS has not received any new 
information that would affect its determination. As a result, a final 
regulatory flexibility analysis was not required and none has been 
prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: September 6, 2017.
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 648 is 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. This report must be submitted 
through a software application approved by NMFS, and 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. 2017-19137 Filed 9-8-17; 8:45 am]
 BILLING CODE 3510-22-P