[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Notices]
[Pages 18558-18559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06919]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Proposed Information Collection; Comment Request; West Coast 
Region Vessel Monitoring System and Pre-Trip Reporting System 
Requirements

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Commerce.

ACTION: Notice.

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SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to comment on proposed and/or continuing 
information collections, as required by the Paperwork Reduction Act of 
1995.

DATES: To ensure consideration, written or on-line comments must be 
submitted on or before June 1, 2020.

ADDRESSES: Direct all written comments to Adrienne Thomas, PRA Officer, 
NOAA, 151 Patton Avenue, Room 159, Asheville, NC 28801 (or via the 
internet at [email protected]). All comments received are part of the 
public record. Comments will generally be posted without change. All 
Personally Identifiable Information (for example, name and address) 
voluntarily submitted by the commenter may be publicly accessible. Do 
not submit Confidential Business Information or otherwise sensitive or 
protected information.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Rachael Wadsworth, National Marine Fisheries Service 
West Coast Region (NMFS WCR), 7600 Sand Point Way NE, Building 1, 
Seattle, WA 98115; (562) 980-4036; [email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    The National Marine Fisheries Service West Coast Region Sustainable 
Fisheries Division (SFD) implemented both international and domestic 
regulations to require Vessel Monitoring Systems and pre-trip 
notifications on U.S. vessels fishing in the eastern Pacific Ocean 
(EPO). Further details on these regulations, authorizing laws, and 
proposed changes are described below.
    International regulations: Collection of this information is 
necessary for the U.S. to satisfy its international obligations under 
the Convention for the Strengthening of the Inter-American Tropical 
Tuna Commission (IATTC), established by the 1949 Convention between the 
United States of America and the Republic of Costa Rica (Antigua 
Convention). As a Party to the Antigua Convention and a member of the 
IATTC, the United States is legally bound to implement decisions of the 
IATTC under the Tuna Conventions Act, as amended. At its 87th meeting 
in July 2014, the IATTC adopted Resolution C-14-02 (Establishment of a 
Vessel Monitoring System). Following this meeting, the National Marine 
Fisheries Service (NMFS) published a rule to implement VMS requirements 
and to require that commercial fishing vessels 24 meters or more in 
overall length and engaging in fishing activities for tuna or tuna-like 
species in the Convention Area (80 FR 60533). The international 
regulations are found at 50 CFR 300 Subpart C. There are no proposed 
changes to these regulations.
    Domestic regulations: The Magnuson-Stevens Fishery Conservation and 
Management Act (MSA) established regional fishery management councils, 
including the Pacific Fishery Management Council (Pacific Council), to 
develop fishery management plans for fisheries in the U.S. exclusive 
economic zone (EEZ). These plans, if approved by the Secretary of 
Commerce, are implemented by Federal regulations, which are enforced by 
the National Oceanic and Atmospheric Administration's (NOAA's) NMFS and 
the U.S. Coast Guard (USCG) with the cooperation of state agencies to 
the extent possible. The Pacific Council submitted the Fishery 
Management Plan for U.S. West Coast Fisheries for Highly Migratory 
Species (HMS FMP) for approval by the Secretary of Commerce. On 
February 4, 2004, the Secretary partially approved the HMS FMP. On 
April 7, 2004, NMFS published a final rule to implement the approved 
portions of the HMS FMP (69 FR 18444) including VMS and pre-trip call-
in notifications for longline vessel owners and operators; this element 
became effective on February 10, 2005. On July 9, 2015, NMFS published 
a final rule to require the use of a NMFS-approved VMS and to institute 
a 48-hour pre-trip call-in notification requirement for drift gillnet 
(DGN) vessel owners/operators (80 FR 32465). The domestic regulations 
are found at 50 CFR 660 Subpart K. There are no proposed changes to 
these regulations.
    The reports included in the regulations are further detailed below.
    VMS vessel location reports: The VMS is an automated, satellite-
based system that assists the NMFS Office of Law Enforcement (OLE) and 
the USCG in reliable and cost-effective monitoring of compliance with 
closed areas and pre-trip reporting requirements, such as those imposed 
for the purposes of placing observers on vessels. VMS vessel location 
reports are used to facilitate enforcement regarding commercial fishing 
vessel compliance with prohibited or restricted fishing areas in the 
EPO. The reports provide OLE and the USCG real-time vessel location and 
activity information. The VMS reports also can be used to check the 
accuracy of vessel position information reported by the vessel operator 
in the daily fishing logbooks required by the regulations.
    Installation/activation reports are used to provide OLE with 
information about hardware installed and the communication service 
provider that will be used by the vessel operator. Specific information 
that links a permitted vessel with a certain

[[Page 18559]]

transmitting unit and communication service is necessary to ensure that 
automatic position reports will be received properly by NMFS and to 
identify the unique signature for each VMS unit. In the event that 
there are any problems, NMFS will need to have ready access to a 
database that links owner information with installation information. 
NMFS can then apply troubleshooting techniques and, as necessary, 
contact the vessel operator and discern whether the problem is 
associated with the transmitting hardware or the service provider. This 
is not expected to occur more than once per year.
    Position reports are transmitted 24 hours per day and provide OLE 
and USCG with real-time vessel location and activity information. When 
an operator is aware that the transmission of automatic position 
reports has been interrupted, or when notified by OLE that automatic 
position reports are not being received, they must contact OLE and 
follow instructions provided.
    ``On/off reports'', also known as exemption reports, permit the 
vessel owner/operator to power off the VMS unit while the vessel is at 
port, or after the end of the fishing season, provided that the vessel 
owner/operator notifies OLE and receives OLE confirmation in advance of 
each such shutdown and each time the VMS unit is subsequently turned 
back on. These reports allow flexibility to fishery participants while 
providing OLE with the information needed to determine why a position 
report is not being received from the vessel.
    Declaration Reports are only required under domestic regulations 
and are provided by vessel owners/operators to OLE before the vessel 
leaves port to fish in state or federal waters. These are used to 
determine which vessels may be at-sea at any given time and when to 
expect VMS position reports. NOAA Fisheries will retain control over 
the information collected and safeguard it from improper access, 
modification, and destruction, consistent with NOAA standards for 
confidentiality, privacy, and electronic information.

II. Method of Collection

    VMS vessel location reports: Electronic VMS shipboard position is 
communicated between the shipboard VMS unit and the monitoring agency's 
fishery monitoring center. Position reports are transferred 
automatically at a specified frequency and received via a satellite 
communication system by NOAA.
    Installation/activation reports: Written activation reports may be 
submitted via mail, facsimile, or email to the Special Agent in Charge 
(SAC), the point of contact for the OLE.
    Pre-trip notification reports: These reports are submitted by 
telephone or email to NMFS or a designated observer service provider.

III. Data

    OMB Control Number: 0648-0498.
    Form Number(s): None.
    Type of Review: Regular (extension of a current information 
collection).
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 49.
    Estimated Time per Response: VMS Unit Install--4 hours; Annual 
Maintenance/Repair of VMS Unit--1 hour; Installation/Activation 
Reports--5 min; ``On-Off'' Reports--5 min; Pre-Trip Notifications--5 
min.
    Estimated Total Annual Burden Hours: 145 hours.
    Estimated Total Annual Cost to Public: $113,175.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information 
Officer, Commerce Department.
[FR Doc. 2020-06919 Filed 4-1-20; 8:45 am]
BILLING CODE 3510-22-P