[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Rules and Regulations]
[Pages 51014-51016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19622]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 210907-0179]
RIN 0648-BH72


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Electronic Reporting for Federally Permitted Charter Vessels and 
Headboats in Gulf of Mexico Fisheries

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

ACTION: Final rule; effective date.

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SUMMARY: NMFS announces the effective date for previously approved 
vessel location tracking requirements applicable to an owner or 
operator of charter vessel or headboat for which NMFS has issued a 
valid Federal charter vessel/headboat permit for federally managed reef 
fish or coastal migratory pelagic (CMP) species in the Gulf of Mexico 
(Gulf). The purpose of this final rule is to announce the effective 
date for vessel location tracking requirements for reef fish and CMP in 
the Gulf that NMFS previously delayed indefinitely on July 21, 2020.

DATES: The effective date for amendments to Sec. Sec.  622.26(b)(5) and 
622.374(b)(5)(ii) through (v), published July 21, 2020 (85 FR 44005), 
is December 13, 2021.

ADDRESSES: Electronic copies of the Gulf For-hire Reporting Amendment 
may be obtained from www.regulations.gov or the Southeast Regional 
Office website at https://www.fisheries.noaa.gov/southeast/et.
    The Gulf For-hire Reporting Amendment includes an environmental 
assessment, regulatory impact review, Regulatory Flexibility Act 
analysis, and fishery impact statement.
    The final rule that published on July 21, 2020 (85 FR 44005), and 
other related rulemaking documents, may be obtained from 
www.regulations.gov, by searching ``RIN 0648-BH72.''
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted at any time by email to Adam Bailey, NMFS 
Southeast Regional Office, [email protected], or to www.reginfo.gov/public/do/PRAMain.

FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast 
Regional Office, telephone: 727-824-5305, or email: 
[email protected].

SUPPLEMENTARY INFORMATION: This final rule is based on the Gulf For-
hire Reporting Amendment, which includes amendments to the Fishery 
Management Plans (FMPs) for Reef Fish Resources of the Gulf of Mexico 
(Reef Fish FMP) and the Coastal Migratory Pelagic (CMP) Resources of 
the Gulf of Mexico and Atlantic Region (CMP FMP). The CMP fishery in 
the Gulf is managed under the CMP FMP, an FMP jointly developed by the 
Gulf of Mexico Fishery Management Council (Gulf Council) and the South 
Atlantic Fishery Management Council (South Atlantic Council). The Gulf 
reef fish fishery is managed under the Reef Fish FMP, which is 
developed by the Gulf Council. These FMPs are implemented by NMFS 
through regulations at 50 CFR part 622 under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
    On July 21, 2020, NMFS published the final rule to implement the 
Gulf For-hire Reporting Amendment (85 FR 44005). That final rule 
summarized the management measures described in the Gulf For-hire 
Reporting Amendment

[[Page 51015]]

and implemented by NMFS. However, the July 21, 2020, final rule delayed 
indefinitely the effectiveness of vessel location tracking requirements 
in 50 CFR 622.26(b)(5) and 622.374(b)(5)(ii) through (v). That final 
rule stated that NMFS would announce the effective date for those 
provisions in a subsequent document published in the Federal Register.
    NMFS delayed the location tracking requirements that apply to a 
charter vessel or headboat (for-hire vessel) in the Gulf reef fish and 
Gulf CMP fisheries to allow more time to evaluate and approve hardware 
and software for use in the Gulf for-hire reporting program. The NMFS 
Southeast Regional Office posts all approved vessel location tracking 
hardware and software for the Gulf for-hire reporting program, 
including vessel monitoring system (VMS) units approved by the NMFS 
Office of Law Enforcement (OLE), on the website for the Gulf for-hire 
reporting program, https://www.fisheries.noaa.gov/southeast/et.
    This final rule announces the effective date for requirements 
applicable to an owner or operator of a vessel with a Federal charter 
vessel/headboat permit for Gulf reef fish or Gulf CMP species 
(hereafter referred to as a Gulf for-hire vessel owner or operator). On 
and after December 13, 2021, a Gulf for-hire vessel owner or operator 
must comply with vessel location tracking requirements in 50 CFR 
622.26(b)(5) and 622.374(b)(5)(ii) through (v). NMFS expects that the 
time between the publication date and effective date of this final rule 
(see DATES section) will allow affected fishery participants to 
purchase and install approved hardware and software. NMFS also reminds 
Gulf for-hire vessel owners and operators that they must comply with 
all of the other requirements of the Gulf for-hire reporting program 
that are currently in effect.
    Upon the effective date in this final rule, a Gulf for-hire vessel 
must have NMFS-approved hardware and software on board with global 
positioning system (GPS) location capabilities that, at a minimum, 
archive vessel position data during a trip for subsequent transmission 
to NMFS. The vessel location-tracking device must collect a vessel's 
position at least hourly, unless the in-port 4-hour position reporting 
exemption is met, as specified in 50 CFR 622.26(b)(5)(ii)(C) and 
622.374(b)(5)(iv)(C).
    The vessel location tracking data can be transmitted through a 
cellular or satellite-based service via a VMS unit. Cellular-based 
systems collect and store data while a vessel is not within range of a 
cellular signal, e.g., during the majority of fishing trips in Federal 
waters, and then transmit the data when the vessel is within cellular 
range. While a vessel is within cellular range, e.g., nearshore or at 
the dock, data transmission will be closer to real-time. Satellite-
based systems transmit data as they are collected.
    Each Gulf for-hire vessel owner or operator is responsible for 
using an approved cellular or satellite VMS that will automatically 
transmit vessel location data at some time before offloading fish at 
the end of each trip, or within 30 minutes after a trip is completed if 
no fish were landed. The vessel's cellular or satellite VMS must be 
permanently affixed to the vessel and must have uninterrupted power, 
unless the owner or operator applies for and is granted an exemption to 
power-down the unit, as specified in 50 CFR 622.26(b)(5)(ii)(D) and 
622.374(b)(5)(iv)(D), e.g., if the vessel is removed from the water for 
repairs.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the Gulf For-hire Reporting Amendment, the respective 
FMPs, other provisions of 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 Magnuson-Stevens Act provides the statutory basis for this 
final rule. No duplicative, overlapping, or conflicting Federal rules 
have been identified. A description of this final rule, why it is being 
implemented, and the purpose of this final rule are contained in the 
SUMMARY and SUPPLEMENTARY INFORMATION sections of this preamble.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment are unnecessary and contrary to the public interest. Such 
procedures are unnecessary because NMFS already provided prior notice 
and an opportunity for public comment for the vessel monitoring 
requirements in the July 21, 2020, final rule. This final rule does not 
change any provision of the July 21, 2020, final rule but only 
announces the effective date for the previously delayed requirements 
(see DATES section). Such procedures would also be contrary to the 
public interest because NMFS has already implemented the majority of 
the management measures in the Gulf For-Hire Reporting Amendment and 
the vessel location tracking requirements will allow NMFS to better 
validate the accuracy of data that are currently being submitted 
through the required fishing reports. NMFS expects more accurate and 
reliable data to improve management of the Gulf for-hire component as 
well as management of the Gulf reef fish and CMP fisheries generally.
    This final rule contains collection-of-information requirements 
approved by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act (PRA). This final rule does not change the 
existing requirements for the collection of information under OMB 
Control Number 0648-0016. The public reporting burden for the Southeast 
Region Logbook Family of Forms, specifically for a trip declaration, is 
estimated to average 2 minutes to complete and 10 minutes per fishing 
report. NMFS estimates a VMS power-down exemption request will require 
an average of 5 minutes to complete per occurrence. These estimates 
include the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information.
    NMFS invites the public and other Federal agencies to comment on 
any proposed and continuing information collections, which helps NMFS 
assess the impact of information collection requirements and minimize 
the public's reporting burden. Written comments and recommendations for 
this information collection should be submitted on the following 
website: www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by using the search function and entering the 
title of the collection or the OMB Control Number 0648-0016.
    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 622

    Atlantic, Charter vessel, Coastal migratory pelagic resources, 
Fisheries, Fishing, Gulf of Mexico, Headboat, Recordkeeping and 
reporting, Reef fish, South Atlantic, Vessel monitoring systems.


[[Page 51016]]


    Dated: September 7, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-19622 Filed 9-13-21; 8:45 am]
BILLING CODE 3510-22-P