Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Vessel Monitoring System; Open Access Fishery, 69162-69174 [E7-23812]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 72, Number 235 (Friday, December 7, 2007)]
[Rules and Regulations]
[Pages 69162-69174]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23812]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 070703215-7530-02]
RIN 0648-AU08


Fisheries off West Coast States; Pacific Coast Groundfish 
Fishery; Vessel Monitoring System; Open Access Fishery

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to require all vessels fishing 
pursuant to the harvest guidelines, quotas, and other management 
measures governing the open access groundfish fishery, and all trawl 
vessels to provide declaration reports and to activate and use a vessel 
monitoring system (VMS) transceiver while fishing off the coasts of 
Washington, Oregon and California. NMFS has implemented a series of 
large-scale geographically-defined closed areas intended to: minimize 
the bycatch of overfished groundfish species, minimize the bycatch of 
protected salmon species, and protect Essential Fish Habitat (EFH) from 
harm through contact with fishing gear. This action is intended to 
improve the monitoring of compliance with those closed areas through 
regular VMS transmissions of vessel locations for those vessels subject 
to groundfish closed area restrictions.

DATES: Effective February 4, 2008.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA), Finding 
of No Significant Impact (FONSI), Final Regulatory Flexibility Analysis 
(FRFA), and the Small Entity Compliance Guide are available from D. 
Robert Lohn, Administrator, Northwest Region, NMFS, 7600 Sand Point Way 
NE, Seattle, WA 98115-0070, phone: 206-526-6150.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to D. Robert Lohn, Administrator, Northwest 
Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070, and by e-
mail to DavidRostker@omb.eop.gov, or by fax to (202) 395-7285.

[[Page 69163]]


FOR FURTHER INFORMATION CONTACT: Becky Renko (Northwest Region, NMFS), 
phone: 206-526-6110; fax: 206-526-6736 and; e-mail: 
becky.renko@noaa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This final rule is accessible via the Internet at the Office of the 
Federal Register's Web site at https://www.access.gpo.gov/su_docs/aces/
aces140.html. Background information and documents are available at the 
NMFS Northwest Region Web site at https://www.nwr.noaa.gov and at the 
Pacific Fishery Management Council's (Council) Web site at https://
www.pcouncil.org.

Background

    On August 8, 2007, NMFS published a proposed rule to implement a 
VMS program for the West Coast groundfish open access fisheries (72 FR 
44469,) requesting public comments through September 7, 2007. During 
the comment period, NMFS received eight emails of comment, which are 
addressed later in the preamble to this final rule. See the preamble to 
the proposed rule for additional background information on the VMS 
program and the open access fishery.
    A VMS transceiver is an electronic device that is installed on a 
vessel to monitor the vessel's position in relation to geographically 
defined areas. The Council has determined that implementation of VMS 
requirements is necessary to monitor and enforce the extensive system 
of depth- and habitat-based closed areas employed in West coast 
groundfish management. This final rule requires all open access vessels 
to have a type-approved VMS transceiver unit that is properly activated 
and used from the time a vessel leaves port on a trip in which: 
groundfish is taken and retained in the EEZ; groundfish is possessed 
while operating in the EEZ (including transiting); or groundfish taken 
in the EEZ is landed. In addition, this final rule requires any vessel 
fishing in the EEZ with non-groundfish trawl gear to have a type-
approved VMS transceiver unit properly installed and activated prior to 
leaving port. Once the VMS unit is activated, it must remain on 
throughout the remainder of the fishing year, unless such vessel is 
granted an exemption to the requirements for continuous operation. This 
final rule supplements the VMS program implemented on January 1, 2004, 
for the limited entry groundfish fisheries (November 4, 2003; 68 FR 
62374).

Comments and Responses

    During the comment period for the proposed rule for this action, 
NMFS received eight comments by email, which are addressed here:
    Comment 1: One commenter supports the proposed requirements that 
all vessels fishing for groundfish carry a VMS transceiver unit to 
enhance the ability to enforce depth-based management measures.
    Response: NMFS agrees that the proposed VMS requirements for the 
open access fisheries will allow enforcement resources to be used more 
efficiently and effectively to ensure the integrity of management areas 
that were implemented to restrict fishing mortality on overfished 
species and to protect EFH.
    Comment 2: The current list of type-approved VMS transceiver units 
for the Pacific Coast Groundfish fishery includes basic units that are 
only capable of one-way communications. These basic VMS transceiver 
units are small and capable of transmitting a vessel's position without 
requiring additional on-board computer support. Two commenters 
expressed concern that the basic VMS transceiver units will be removed 
from the list of type-approved VMS units and not available for use in 
the OA fishery. The commenters believe that the majority of the OA 
fleet would choose to purchase the basic units. If the basic VMS 
transceiver units are not available to open access fishers, the 
commentors are concerned that many of the smallest OA vessels (many 
vessels are less than 26 feet (8 meters) in length), with minimal 
electronic support, would be unable to comply with the requirements and 
would need to leave the fishery.
    Response: To assure compatibility with the national monitoring 
center, NMFS requires that VMS systems meet defined standards (58 FR 
49285, September 23, 1993; March 31, 1994, 59 FR 15180; October 27, 
2005, 70 FR 61941; and 72 FR 60826, October 6, 2007), while recognizing 
the need to promulgate regulations and approve systems on a fishery-by-
fishery basis. VMS transceiver units approved for use by NMFS are 
referred to as type-approved. On November 17, 2003 (68 FR 64860), NMFS 
published a notice identifying VMS transceiver units and communication 
service providers that are type-approved for the Pacific Coast 
groundfish fishery.
    The commenters are correct that the current list of VMS units type-
approved for use in the Pacific Coast groundfish fishery includes small 
VMS transceiver units that are only capable of one way communications. 
At this time, NMFS Office for Law Enforcement is considering revising 
the list of type-approved units to include only units capable of two-
way communications. The reason for considering such a revision is that 
the VMS transceiver units are valuable tools that can also be used to 
transmit other necessary fisheries management data to and from the 
vessels. There are VMS transceiver units that are capable of two-way 
communications that are similar in size and cost to the one-way units 
that are currently type-approved for the Pacific coast groundfish 
fishery.
    Comment 3: One commenter suggested that minimum performance 
parameters need to be specified for VMS transceiver units, rather than 
type-approving specific units. The minimum performance parameters 
should require VMS transceiver units to be capable of supporting text 
messaging and email so the system is capable of transmitting other 
types of data such as vessel logbooks and observer data.
    Response: NMFS does not believe that performance standards alone 
would be adequate. Due to the need to have reliable VMS transceiver 
units that are suitable for fisheries applications, NMFS uses a type-
approval process. With a type-approval process, VMS manufacturing 
companies submit for type-approval VMS transceiver units that meet 
minimum standards. The VMS transceiver units are field tested to assure 
that it will meet minimum performance requirements. NMFS believes it is 
necessary to conduct field testing on each model to determine if they 
will perform adequately over time in a harsh marine environment and in 
remote conditions before fishers invest in the equipment and before 
fisheries managers and enforcement are dependent on the data for 
managing the fisheries. New units may be added to the type approved 
list for a particular fishery as new equipment becomes available and is 
tested.
    The open access fleet consists of smaller sized vessels, with most 
being under 40 feet (metric equiv),fishery management and enforcement 
may benefit from having smaller units capable of two-way 
communications. However, the extremely limited space, minimal 
electronic support for a system, and difficulty in protecting 
electronic equipment from the marine environment on a large portion of 
vessels in the open access fleet was considered in the initial type-
approval of VMS transceiver units for the Pacific Coast groundfish 
fishery (68 FR 64860; November 17, 2003). At this time NMFS is 
considering revising the list of type-

[[Page 69164]]

approved VMS transceiver units to include only VMS transceiver units 
that are capable of two-way communications which could support email or 
vessel logbooks(see comment 2 above).
    Comment 4: One commenter recommended that NMFS refine the 
regulatory language requiring the VMS unit to be on the vessel and 
operational at all times to specifically state that the VMS unit must 
be energized at all times and cannot be turned on and off.
    Response: NMFS believes that the language at Sec.  660.312 (d)(3) 
regarding the vessel owner's responsibility to operate the mobile 
transceiver unit continuously 24 hours a day throughout the calendar 
year, unless such vessel is specifically exempted, adequately states 
that the VMS unit must be on at all times.
    Comment 5: One commenter recommended that regulatory language be 
added to require vessels to contact NMFS before each departure to 
ensure that the VMS transceiver unit is operating properly. The 
commenter suggested that NMFS develop back-up procedures for reporting 
vessel positions using other communications such as cell phone, 
satellite phone, or radio, for vessels whose VMS transceiver units fail 
while the vessel is at sea. The commenter also suggests that NMFS 
provide back-up VMS units for vessels when their VMS transceiver units 
are being serviced.
    Response: Declaration reports are used by NMFS to identify the 
fisher's intent to use the vessel to participate in a particular 
fishery with a specific gear. Because area restrictions are specific to 
the gear type and target fisheries, declaration reports are needed to 
adequately assess the vessel's activity in relation to the area 
restrictions. In the development of this action, NMFS considered 
measures that could be taken to reduce the reporting burden on the 
fishing industry, while still meeting the needs of NMFS. Because a 
single gear type is typically used for multiple trips, to reduce the 
reporting burden NMFS determined that it was adequate for each 
declaration report to be valid until a new declaration is made or until 
an exemption report is received. Unlike other fisheries with VMS, where 
vessels are at sea for extended periods, most of the participants in 
the open access fisheries make very short fishing trips (1-3 days). If 
a VMS transceiver unit fails, the vessel can be required to remain in 
port until the unit is repaired or they may use a replacement unit 
providing they register it with NMFS Office of Law Enforcement. Given 
the fishing behavior of the fleet and the added burden of reporting, 
NMFS does not believe that it is necessary to require vessels to 
provide declaration reports on every trip.
    Comment 6: One commenter suggests that VMS position data be 
provided to fisheries managers so it can be compared to logbook and 
observer data. The commenter believes that restricting access to VMS 
data for enforcement purposes only will affect managers' ability to 
address bycatch issues.
    Response: NMFS agrees that VMS data may provide much needed effort 
data to fisheries managers. Therefore, VMS data is available to 
fisheries managers upon request, providing the confidentiality 
standards set out in the Magnuson-Stevens Fishery Conservation and 
Management Act(Magnuson-Stevens Act) and policies established by NMFS 
Office for Law Enforcement are followed.
    Comment 7: One commenter did not believe it was fair to require 
fishers to purchase VMS units until limited access restrictions for the 
open access fishery and quotas are decided.
    Response: In the near future, the Council is scheduled to consider 
a license limitation program for the open access fisheries as well as 
harvest specifications and management measures for 2009 and 2010. 
Reasonably foreseeable future action by NMFS, including license 
limitation and future harvest specifications, were considered in the 
cumulative effects section (Section 4.4) of the environmental 
assessment for this action. The VMS is being required for open access 
vessels to aid in maintaining the integrity of existing depth-based 
management measures which were adopted for 2003 and are currently in 
effect in the open access fishery. NMFS believes it is necessary to 
adopt new measures to effectively and efficiently manage the existing 
fishery. If future NMFS action is taken that results in fishers leaving 
the open access fishery, provisions of this rulemaking allow the 
ownership to the VMS receiver units to transfer from one vessel owner 
to another vessel owner providing all the required documents are 
provided to NMFS OLE.
    Comment 8: One commenter indicated that VMS was designed for 
monitoring big factory ships and large fleets that harvest millions of 
pounds of fish to be sure they are not overstepping their boundaries. 
The commenter does not believe that VMS is appropriate for the small 
class of vessels with small catches like the open access fishery.
    Response: NMFS disagrees with the commenter. VMS is an effective 
enforcement tool for monitoring vessel location in relationship to 
geographical areas regardless of the class of vessel it is being used 
on. There are many open access vessels fishing near areas that are 
closed to reduce the catch of overfished species or to protect EFH.
    Comment 9: Two commenters expressed concern about the cost of 
purchasing new VMS equipment and the cost to replace existing VMS 
equipment that may not be type-approved for the fishery. The 
commentors' concern was the relationship between the cost of the VMS 
equipment and the value of the open access catch, particularly for 
small scale fisheries that operate only a few months of the year.
    Response: The cost burden of VMS includes the costs for 
installation, VMS transceiver unit, annual maintenance, replacement 
cost, cost to transmit hourly positions and declaration reports. The 
initial cost of the VMS transceiver units, including installation, vary 
from $1,200-$2,700 ($3,800 with a computer that meets the minimum 
specifications) per vessel. At this time, funds are available to 
reimburse fishers for the cost of purchasing a type-approved VMS 
transceiver unit to comply with requirements that become effective in 
2007. However, these funds are available on a first-come first-served 
basis and not all fishers may be able to take advantage of this 
reimbursement program. Fishers who purchased VMS transceiver units 
before this rule was published will not be reimbursed for existing VMS 
transceivers, but could be reimbursed for new VMS transceivers.
    The value of the fishery to the individual vessels and the 
individual fisher's ability to recover the costs associated with VMS 
varies widely between vessels and target fisheries. In part this is 
because the fishery is split between vessels targeting groundfish 
(directed OA fishery vessels) and vessels targeting other species but 
landing groundfish that were caught incidentally while targeting a non-
groundfish species (incidental OA fishery vessels). The incidental 
commercial open access groundfish fishery consists of vessels fishing 
for Pacific halibut, California halibut, Dungeness crab, spot prawn, 
ridgeback prawn, California Sheephead, sea cucumber, pink shrimp, 
salmon and HMS that do not necessarily depend on revenue from the sale 
of groundfish as their a major source of income. However, it's 
difficult to segregate the fishery into directed and incidental 
vessels, and vessels may move between the categories with the choice 
depending on the intention of the fisher. Over the course of a year or 
during a single trip, a fisher may engage in different strategies and 
may switch

[[Page 69165]]

between directed and incidental fishing categories.
    Incidental fixed gear open access fishers who only land small 
amounts of incidentally caught groundfish may well choose to discard 
incidentally caught groundfish, rather than incur the cost of VMS and 
the burden of installation. Similarly, some fixed gear fishers may also 
choose to stay in state waters throughout the year rather than incur 
the cost of VMS and the burden of installation. NMFS recognizes that 
those vessels that are more actively engaged in the directed open 
access fishery and open access trawl fisheries will likely incur higher 
VMS costs than those that are not actively engaged in the directed open 
access fishery. However, without depth-based management, the open 
access fishery would likely be managed under very restrictive 
cumulative trip limits and seasons, which would result in much lower 
gross revenues for directed open access vessels, and greater 
restriction for incidental fishers.
    Comment 10: One commenter indicted that the open access fishery did 
not need any further government regulations.
    Response: When the Council recommended the adoption of depth-based 
management measures for 2003, the Council also recommended that NMFS 
take simultaneous action to implement a VMS monitoring program to 
ensure the integrity of the depth-based areas. Consistent with the 
Council's recommendation, NMFS implemented a pilot program in the 
limited entry fishery at the start of 2004 with the intention of 
expanding the program to the Open access fishery. This action follows 
the Council's original direction. As discussion in the response to 
comment 9, without VMS, depth-based management measures would need to 
be reconsidered.

Changes From the Proposed Rule

    No changes were made from the regulatory text presented in the 
proposed rule as a result of the comments. One minor edit to remove the 
word ``and'' was made in Sec.  660.312 (d)(4)(vii).

Classification

    NMFS has determined that this final rule is consistent with the FMP 
and with the Magnuson-Stevens Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    A final regulatory flexibility analysis (FRFA) was prepared 
pursuant to 5 U.S.C. 604(a). The FRFA incorporates the economic impacts 
described in the IRFA, a summary of the significant issues raised by 
the public comments in response to the IRFA, NMFS responses to those 
comments, and a summary of the analyses completed to support the 
action. A copy of the complete FRFA is available from NMFS (see 
ADDRESSES).
    Statement of Objective and Need: A description of the reasons why 
this action is being taken, and the objectives of and legal basis for 
this final rule are explained in the preambles to the proposed rule and 
this final rule and are not repeated here.
    Summary of Significant Issues Raised in Public Comments: There were 
no significant issues raised by the public that were specific to the 
IRFA. However, two comments relate to the economic impacts of the rule. 
Comments 8 and 9 can be found along with their responses in the Comment 
and Response section of this preamble.
    A description and an estimate of the number of small entities to 
which the rule will apply or an explanation why no such estimate is 
available: This action requires all commercial fishing vessels not 
registered to a limited entry groundfish permit that take and retain or 
possess groundfish in the EEZ (including transiting), or that land 
groundfish taken in the EEZ and all vessels using non-groundfish trawl 
gear to fish in the EEZ to have and use VMS. The installation of VMS 
equipment is projected to affect approximately 1,610 vessels, 
including: 322 vessels using longline gear (282 directed groundfish, 38 
Pacific halibut, and 2 CA halibut); 193 vessels using pot gear (145 
directed groundfish, 6 prawn, 21 Dungeness crab and 21 CA sheephead); 
131 vessels using non-groundfish trawl gear (23 ridgeback prawn, 14 sea 
cucumber, and 40 CA halibut, and 54 pink shrimp vessels); 892 vessels 
using line gear (590 groundfish directed, 58 CA halibut, 10 HMS 
vessels, and 234 salmon troll vessels); and 72 vessels using net gear 
(25 HMS and 47 CA halibut). All of the affected entities are considered 
to be small businesses.
    A description of the projected reporting, recordkeeping, and other 
compliance requirements of the rule, including an estimate of the 
classes of small entities that will be subject to the requirement and 
the type of professional skills necessary for the preparation of the 
report or record: In addition to obtaining VMS units, to support the 
VMS monitoring program, the following information must be submitted to 
NMFS: (1) VMS transceiver installation/activation certification 
reports, (2) hourly position reports, (3) exemption reports, and (4) 
declaration reports. Installation/activation reports require vessel 
owners and operators to follow specific procedures when installing or 
re-installing a VMS transceiver unit. For example, upon activation, the 
VMS installer must complete, sign, and return a certification form to 
NMFS. The form contains information on the VMS hardware and satellite 
communications services that are provided by private communications 
companies approved by NMFS. Hourly position reports are automatically 
transmitted to NMFS via satellite once the VMS transceiver unit is 
installed and activated. Vessels that are required to have VMS must 
operate the mobile transceiver unit continuously 24 hours a day. 
Exemption reports are optional. The exemption reports are sent by the 
vessel owner or operator when they want their vessel to be excused from 
the requirement to continuously operate the mobile transceiver unit 24 
hours a day throughout the fishing year. Declaration reports are 
submitted to NMFS Office for Law Enforcement by telephone and are valid 
until revised by the vessel operator. Vessel operators making 
declaration reports receive a confirmation number that verifies that 
the reporting requirements were satisfied. After a vessel has made a 
declaration report to NMFS and has been confirmed for a specific gear 
category, it cannot fish with any gear other than a gear type that has 
been declared for the vessel.
    The VMS units that are currently type-approved for this fishery 
range in cost and service features. This range allows the vessel owner 
flexibility in choosing the model that best fits the needs of their 
vessel. Vessels that have already purchased VMS transceiver units for 
other fisheries or for personal purposes have been given consideration. 
Vessels will be allowed to retain existing VMS transceivers provided 
they are on the list of type-approved models and have been upgraded, if 
necessary, to the level required for the fishery. Per vessel costs for 
a transceiver unit with installation are $1,200-$2,700 ($3,800 with a 
computer that meets the minimum specifications) in Year 1, and $250-
$625 in subsequent years. Annual operating cost to harvesters include: 
maintenance $60-$160, and transmission fees $192-$730. Estimated 
purchase cost of VMS services to the fishing industry if all vessels 
remain in the fishery is $2,241,120 - $7,293,300 in year 1, and 
$309,120 - $1,175,300 in subsequent years. The added cost of VMS may 
result in vessels, likely those vessels with the lowest ex-vessel 
revenue from groundfish, choosing to not retain groundfish to avoid VMS

[[Page 69166]]

requirements. The analysis assumes that vessels will pay for VMS. 
However, Federal funds have been identified for VMS reimbursements in 
2007. The availability of these funds for reimbursement for the cost of 
purchasing a VMS transceiver unit is not guaranteed, but funds are 
anticipated to be available to open access fishers on a first-come 
first-served basis.
    The benefits of VMS to the fishery participants include the 
potential for future increases in groundfish catch because the 
likelihood of Rockfish Conservation Area (RCA) integrity being 
maintained is increased. This would result in greater stability in the 
fishery and be of greatest benefit to fishers with a high degree of 
dependency on groundfish. VMS would allow for greater flexibility in 
the use of management rules, because accurate pot, longline, non-
groundfish trawl, line and net gear fishing location data will be 
readily available for modeling total catch and making groundfish 
management decisions. VMS data could be used along with declaration 
reports, observer data, survey information, and fish ticket data to 
better refine estimates of total fishing mortality and reduce the 
uncertainty in managing the fishery inseason to stay within the harvest 
guidelines and OYs. For vessels that participate in the incidental open 
access fisheries, accurate VMS fishing location data may be beneficial 
to non-groundfish target fisheries management. Because pink shrimp 
vessels are currently permitted to fish in the RCAs, there is no 
increased benefit to the pink shrimp fishery over status quo, but there 
is benefit to the groundfish fishers from the increased protection that 
this provision will provide to groundfish Essential Fish Habitat.
    Vessels required to carry VMS transceiver units will provide 
installation/activation reports, hourly position reports, exemption 
reports, and declaration reports. The installation and activation 
reports include contact information from open access vessels because 
there are no Federal permit requirements for open access fishery 
participants. Having contact information is necessary in the event that 
there are transmission problems, where NMFS will need to have ready 
access to contact information and installation information. The 
submission of declaration reports was initially proposed as per trip 
reports. Following consultation with fishery participants, it was 
determined that the needs of NMFS OLE and the United States Coast Guard 
(USCG) could be met with less frequently made declaration reports. 
Therefore, it was determined that a declaration report identifying the 
type of gear being used by a vessel would remain valid until revised by 
the vessel operator or an exemption report was sent. This results in a 
significant reduction in the number of reports.
    A description of the steps the agency has taken to minimize the 
significant adverse economic impact on small entities, consistent with 
the stated objectives of applicable statutes, including a statement of 
the factual, policy, and legal reasons for selecting the alternative 
adopted in the final rule and the reason that each one of the other 
significant alternatives to the rule considered by the agency was 
rejected: Through Council processes including several public hearings 
along the coast, many alternatives were considered and crafted that 
weighed conservation and management needs against the economic impacts 
upon various components of the open access fleets.
    Following consultation with fishery participants prior to 
implementation of the pilot VMS program in the limited entry fisheries, 
it was determined that some vessel owners may prefer to reduce the 
costs of reporting when leaving the EEZ off the coasts of Washington, 
Oregon, and California. Because a substantial number of permitted 
vessels also fish in waters off Alaska and in areas outside the EEZ, 
and because vessels are commonly pulled out of the water for extended 
periods, a VMS hourly report exemption option was added, which included 
an exemption report.
    During the development of the expanded VMS program, additional 
exemptions were considered and proposed for vessels that transfer the 
limited entry permit from the vessel and do not engage in any fishing 
off the West Coast for the remainder of the year, vessels that depart 
the open access fishery for an extended period after the end of the 
fishing year, and for vessels that have had an emergency situation that 
resulted in vessel damage such as fire, flooding or other extensive 
physical damage that would require the VMS or power source to be 
disconnected. The exemption reports allow flexibility to the industry 
participants while providing NMFS OLE with the information needed to 
determine why a position report is not being received from the vessel.
    Declaration reports have been required since January 1, 2004, for 
non-groundfish trawl vessels that are used to fish in any trawl RCAs or 
the Cowcod Conservation Areas (CCAs). Requiring declaration reports for 
all fishing, not just fishing in any trawl RCA or the CCA, will be an 
additional burden for these vessels. Non-groundfish trawl gear includes 
vessels fishing for pink shrimp, spot and ridgeback prawns, California 
halibut and sea cucumber.
    At the Council's June 2005 meeting, measures to protect groundfish 
EFH were considered, as mandated by the Magnuson-Stevens Act. Though 
the habitat protection measures have been developed as a separate 
action from the VMS program, monitoring measures such as VMS were 
considered as a tool for monitoring incursions into the many new 
habitat protection areas. As part of the habitat protection measures, 
the Council requested that VMS requirements for pink shrimp trawlers 
operating in the open access sector (those pink shrimp trawl vessels 
that are registered to limited entry permits are already required to 
have VMS) be included in the open access VMS analysis. Therefore, 
Alternative 4B was added to the EA/RIR/IRFA, with the difference being 
the inclusion of all pink shrimp trawl vessels.
    A range of 13 alternatives, discussed in sections 2.0 and 4.0 of 
the EA for this action, was considered. The alternatives ranged from 
Alternative 1, status quo, which required declaration reports from open 
access non-groundfish trawl vessels that fish within a trawl RCA to 
Alternative 11, the preferred alternative being implemented by this 
final rule. The coverage levels identified as Alternatives 2-4A and 5A 
were based on different combinations of the open access gear groups. In 
order of coverage priority, the open access sectors initially 
identified as needing VMS coverage were: longline, groundfish pot, 
trawl (excluding shrimp), and line (excluding salmon). Alternative 2 
requires all vessels using longline gear to have and use a VMS 
transceiver. Each of the Alternatives 3, 4 and 5A built on the previous 
alternative by adding the next open access gear group in order of 
priority.
    At its September 2004 meeting, the Council recommended that NMFS 
expand the range to eight alternatives (Alternatives 1-4A, 5A, 5B, 6A 
and 7) and conduct further analysis. Alternative 5B was added and is 
based on Enforcement Consultants recommendations to the Council. 
Alternative 5B excludes vessels in fisheries where incidental catch of 
overfished species was considered to be very low; however, it includes 
salmon troll vessels. Alternative 6A, though modified by the Council, 
was based on the Groundfish Advisory Panel's (GAP) majority view. Under 
Alternative 6A, VMS would be required on any commercial fishing vessel 
for which an

[[Page 69167]]

RCA restriction applied. This alternative was viewed by the GAP as a 
simple and straightforward way to maintain the integrity of the RCAs. 
Alternative 7 is the GAP minority alternative, and is basically the 
same as Alternative 6A, except that vessels under 12 feet (ft) (3.7 
meters) in length are excluded. Alternative 6B was recommended by the 
Ad Hoc VMS Committee. Alternative 6B is the same as Alternative 6A, 
except that only salmon troll vessels north of 40[deg]10' N. lat. that 
fish pursuant to the harvest guidelines, quotas, and other management 
measures governing the open access fishery for groundfish species other 
than yellowtail rockfish would be required to carry and use a VMS 
transceiver and provide declaration reports.
    At its April 2005 meeting, the Council specifically asked that NMFS 
examine new alternatives with thresholds for identifying vessels that 
land insignificant amounts of groundfish and low impact fisheries that 
could be considered as exceptions to the VMS requirement. In addition, 
concerns were expressed by the Council about of the cost of a VMS 
system to maintain the integrity of the RCA management regime for the 
open access fisheries being borne by industry. As a result of Council 
discussion, NMFS developed three new alternatives, identified as 
Alternatives 8-10. Alternative 8 was intended to exclude low impact OA 
fisheries from the VMS requirements. These low impact target fisheries 
and gear included: Dungeness crab pot, spot prawn pot, sea cucumber 
trawl, ridgeback prawn trawl, HMS line, and California sheephead pot. 
Alternative 9 was intended to identify vessels that directly targeted 
open access species. Vessels that land more than 500 lb (227 kilograms) 
of groundfish in a fishing year would have been included in the VMS and 
declaration requirements. Under Alternative 10, RCA management areas 
defined at 660.383 (c) would be discontinued and trip limits and 
seasons adjusted accordingly.
    No Federal rules have been identified that duplicate, overlap, or 
conflict with this action.
    This final rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA) and which has been 
approved by OMB under control number 0648-0478. Public reporting burden 
for this collection of information is estimated to average as follows: 
4 minutes per response for each declaration report at an estimated time 
burden on the public of 2,848 hours annually for all 2,034 respondents; 
At 4 hours per response for installation (installation occurs one time 
every four years because VMS units have a 4 year service life) of the 
VMS transceiver unit and 5 minutes per response to send the 
installation/activation report with an estimated time burden to the 
public from all 2,034 respondents of 2,034 hours for installation of 
the VMS transceiver units and 41 hours annually for sending the 
installation/activation report; At 5 seconds per response for each 
hourly position report that is sent automatically by the VMS 
transceiver unit, the expected time burden on the public from all 2,034 
respondents would be 24,747 hours annually; and at 4 minutes per 
response for each exemption report the expected time burden on the 
public from 500 respondents would be 64 hours annually. These estimates 
include the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection information. Send comments on these or any 
other aspects of the collection of information to NMFS at the ADDRESSES 
above, and by e-mail to David--Rostker@omb.eop.gov or fax to (202) 395-
7285.
    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.
    NMFS issued Biological Opinions under the ESA on August 10, 1990, 
November 26, 1991, August 28, 1992, September 27, 1993, May 14, 1996, 
and December 15, 1999, pertaining to the effects of the Pacific Coast 
groundfish FMP fisheries on Chinook salmon (Puget Sound, Snake River 
spring/summer, Snake River fall, upper Columbia River spring, lower 
Columbia River, upper Willamette River, Sacramento River winter, 
Central Valley spring, California coastal), coho salmon (Central 
California coastal, southern Oregon/northern California coastal), chum 
salmon (Hood Canal summer, Columbia River), sockeye salmon (Snake 
River, Ozette Lake), and steelhead (upper, middle and lower Columbia 
River, Snake River Basin, upper Willamette River, central California 
coast, California Central Valley, south/central California, northern 
California, southern California). These biological opinions concluded 
that implementation of the FMP for the Pacific Coast groundfish fishery 
was not expected to jeopardize the continued existence of any 
endangered or threatened species under the jurisdiction of NMFS, or 
result in the destruction or adverse modification of critical habitat.
    NMFS reinitiated a formal ESA section 7 consultation in 2005 for 
both the Pacific whiting midwater trawl fishery and the groundfish 
bottom trawl fishery. The December 19, 1999, Biological Opinion had 
defined an 11,000 Chinook incidental take threshold for the Pacific 
whiting fishery. During the 2005 Pacific whiting season, the 11,000 
fish Chinook incidental take threshold was exceeded, triggering 
reinitiation. Also in 2005, new West Coast Groundfish Observer Program 
data became available, allowing NMFS to complete an analysis of salmon 
take in the bottom trawl fishery.
    NMFS prepared a Supplemental Biological Opinion dated March 11, 
2006, which addressed salmon take in both the Pacific whiting midwater 
trawl and groundfish bottom trawl fisheries. In its 2006 Supplemental 
Biological Opinion, NMFS concluded that catch rates of salmon in the 
2005 whiting fishery were consistent with expectations considered 
during prior consultations. Chinook bycatch has averaged about 7,300 
over the last 15 years and has only occasionally exceeded the 
reinitiation trigger of 11,000. Since 1999, annual Chinook bycatch has 
averaged about 8,450. The Chinook Evolutionarily Significant Units 
(ESUs) most likely affected by the whiting fishery have generally 
improved in status since the 1999 ESA section 7 consultation. Although 
these species remain at risk, as indicated by their ESA listing, NMFS 
concluded that the higher observed bycatch in 2005 does not require a 
reconsideration of its prior ``no jeopardy'' conclusion with respect to 
the fishery. For the groundfish bottom trawl fishery, NMFS concluded 
that incidental take in the groundfish fisheries is within the overall 
limits articulated in the Incidental Take Statement of the 1999 
Biological Opinion. The groundfish bottom trawl limit from that opinion 
was 9,000 fish annually. NMFS will continue to monitor and collect data 
to analyze take levels. NMFS also reaffirmed its prior determination 
that implementation of the Groundfish FMP is not likely to jeopardize 
the continued existence of any of the affected ESUs.
    Lower Columbia River coho (70 FR 37160, June 28, 2005) and the 
Southern Distinct Population Segment of green sturgeon (71 FR 17757, 
April 7, 2006) were recently listed as threatened under the ESA. As a 
consequence, NMFS has reinitiated its Section 7 consultation on the 
Council's Groundfish FMP. After reviewing the available information, 
NMFS concluded that, in keeping with

[[Page 69168]]

section 7(a)(2) of the ESA, allowing the fishery to continue under this 
action would not result in any irreversible or irretrievable commitment 
of resources that would have the effect of foreclosing the formulation 
or implementation of any reasonable and prudent alternative measures.
    Under the Magnuson-Stevens Act at 16 U.S.C. 1852(b)(5), one of the 
voting members of the Council must be a representative of an Indian 
tribe with federally recognized fishing rights from the area of the 
Council's jurisdiction. Pursuant to Executive Order 13175, this action 
was developed through the Council process with meaningful collaboration 
with tribal officials from the area covered by the FMP. The tribal 
representative on the Council did not make a motion on this action for 
tribal fisheries because this action does not apply to tribal fishers.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: December 1, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 660 is amended as 
follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for part 660 continues to read as follows:

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

0
2. In Sec.  660.302, the definitions for ``Closure'', ``Exempted gear'' 
and ``Groundfish Conservation Area or GCA'' are removed, the 
definitions for ``Fishing gear'' paragraph (11) introductory text, 
``Open access fishery'' and ``Open access gear'' are revised, and the 
definitions for ``Closure or closed'', ``Conservation area(s)'' and 
``Continuous transiting or transit through'' are added to read as 
follows:


Sec.  660.302  Definitions.

* * * * *
    Closure or closed means, when referring to closure of a fishery or 
a closed fishery, that taking and retaining, possessing, or landing the 
particular species or species group covered by the fishing closure is 
prohibited. Unless otherwise announced in the Federal Register or 
authorized in this subpart, offloading must begin before the closure 
time.
* * * * *
    Conservation area(s) means either a Groundfish Conservation Area 
(GCA), an Essential Fish Habitat Conservation Area (EFHCA), or both.
    (1) Groundfish Conservation Area or GCA means a geographic area 
defined by coordinates expressed in degrees latitude and longitude, 
wherein fishing by a particular gear type or types may be prohibited. 
GCAs are created and enforced for the purpose of contributing to the 
rebuilding of overfished West Coast groundfish species. Regulations at 
Sec.  660.390 define coordinates for these polygonal GCAs: Yelloweye 
Rockfish Conservation Areas, Cowcod Conservation Areas, waters 
encircling the Farallon Islands, and waters encircling the Cordell 
Banks. GCAs also include Rockfish Conservation Areas or RCAs, which are 
areas closed to fishing by particular gear types, bounded by lines 
approximating particular depth contours. RCA boundaries may and do 
change seasonally according to the different conservation needs of the 
different overfished species. Regulations at Sec.  Sec.  660.390 
through 660.394 define RCA boundary lines with latitude/longitude 
coordinates; regulations at Tables 3 5 of Part 660 set RCA seasonal 
boundaries. Fishing prohibitions associated with GCAs are in addition 
to those associated with EFH Conservation Areas.
    (2) Essential Fish Habitat Conservation Area or EFHCA means a 
geographic area defined by coordinates expressed in degrees latitude 
and longitude, wherein fishing by a particular gear type or types may 
be prohibited. EFHCAs are created and enforced for the purpose of 
contributing to the protection of West Coast groundfish essential fish 
habitat. Regulations at Sec. Sec.  660.396 - .399 define EFHCA boundary 
lines with latitude/longitude coordinates. Fishing prohibitions 
associated with EFHCAs, which are found at Sec.  660.306, are in 
addition to those associated with GCAs.
    Continuous transiting or transit through means that a fishing 
vessel crosses a groundfish conservation area or EFH conservation area 
on a constant heading, along a continuous straight line course, while 
making way by means of a source of power at all times, other than 
drifting by means of the prevailing water current or weather 
conditions.
* * * * *
    Fishing gear * * *
    (11) Trawl gear means a cone or funnel-shaped net that is towed 
through the water, and can include a pair trawl that is towed 
simultaneously by two boats. Groundfish trawl is trawl gear that is 
used under the authority of a valid limited entry permit issued under 
this subpart endorsed for trawl gear. It does not include any type of 
trawl gear listed as non-groundfish trawl gear. Non-groundfish trawl 
gear is any trawl gear other than the Pacific Coast groundfish trawl 
gear that is authorized for use with a valid groundfish limited entry 
permit. Non-groundfish trawl gear includes pink shrimp, ridgeback 
prawn, California halibut south of Pt. Arena, and sea cucumbers south 
of Pt. Arena.
* * * * *
    Open access fishery means the fishery composed of commercial 
vessels using open access gear fished pursuant to the harvest 
guidelines, quotas, and other management measures governing the harvest 
of open access allocations (detailed in Sec.  660.320 and Tables 1-2 of 
this subpart) or governing the fishing activities of open access 
vessels (detailed in Sec.  660.383 and Table 5 of this subpart.) Any 
commercial vessel that is not registered to a limited entry permit and 
which takes and retains, possesses or lands groundfish is a participant 
in the open access groundfish fishery.
    Open access gear means all types of fishing gear except:
    (1) Longline or trap (or pot) gear fished by a vessel that has a 
limited entry permit affixed with a gear endorsement for that gear.
    (2) Groundfish trawl.
* * * * *

0
3. In Sec.  660.303, paragraph (d) is revised to readas follows:


Sec.  660.303  Reporting and recordkeeping.

* * * * *
    (d) Declaration reporting requirements--(1) Declaration reports for 
vessels registered to limited entry permits. The operator of any vessel 
registered to a limited entry permit must provide NMFS OLE with a 
declaration report, as specified at paragraph(d)(5)(iv) of this 
section, before the vessel leaves port on a trip in which the vessel is 
used to fish in U.S. ocean waters between 0 and 200 nm offshore of 
Washington, Oregon, or California.
    (2) Declaration reports for all vessels using non-groundfish trawl 
gear. The operator of any vessel that is not registered to a limited 
entry permit and which uses non-groundfish trawl gear to fish in the 
EEZ (3-200 nm offshore), must provide NMFS OLE with a declaration 
report, as specified at paragraph(d)(5)(iv) of this section, before the 
vessel leaves port to fish in the EEZ.
    (3) Declaration reports for open access vessels using non-trawl 
gear (all types of open access gear other than non-groundfish trawl 
gear). The operator of

[[Page 69169]]

any vessel that is not registered to a limited entry permit, must 
provide NMFS with a declaration report, as specified at 
paragraph(d)(5)(iv) of this section, before the vessel leaves port on a 
trip in which the vessel is used to take and retain or possess 
groundfish in the EEZ or land groundfish taken in the EEZ.
    (4) Declaration reports for tribal vessels using trawl gear. The 
operator of any tribal vessel using trawl gear must provide NMFS with a 
declaration report, as specified at paragraph (d)(5)(iv) of this 
section, before the vessel leaves port on a trip in which fishing 
occurs within the trawl RCA.
    (5) Declaration reports.
    (i) The operator of a vessel specified in paragraphs (d)(1), 
(d)(2), and (d)(3) of this section must provide a declaration report to 
NMFS OLE prior to leaving port on the first trip in which the vessel 
meets the requirement specified at Sec.  660.312 (b) to have a VMS.
    (ii) The vessel operator must send a new declaration report before 
leaving port on a trip in which a gear type that is different from the 
gear type most recently declared for the vessel will be used. A 
declaration report will be valid until another declaration report 
revising the existing gear declaration is received by NMFS OLE.
    (iii) During the period of time that a vessel has a valid 
declaration report on file with NMFS OLE, it cannot fish with a gear 
other than a gear type declared by the vessel.
    (iv) Declaration reports will include: the vessel name and/or 
identification number, and gear type (as defined in 
paragraph(d)(5)(iv)(A) of this section). Upon receipt of a declaration 
report, NMFS will provide a confirmation code or receipt to confirm 
that a valid declaration report was received for the vessel. Retention 
of the confirmation code or receipt to verify that a valid declaration 
report was filed and the declaration requirement was met is the 
responsibility of the vessel owner or operator. Vessels using non-trawl 
gear may declare more than one gear type, however, vessels using trawl 
gear may only declare one of the trawl gear types listed in paragraph 
(d)(5)(iv)(A) of this section on any trip and may not declare non-trawl 
gear on the same trip in which trawl gear is declared.
    (A) One of the following gear types must be declared:
    (1) Limited entry fixed gear,
    (2) [Reserved]
    (3) Limited entry midwater trawl,
    (4) Limited entry bottom trawl, not including demersal trawl,
    (5) Limited entry demersal trawl,
    (6) Non-groundfish trawl gear for pink shrimp,
    (7) Non-groundfish trawl gear for ridgeback prawn,
    (8) Non-groundfish trawl gear for California halibut,
    (9) Non-groundfish trawl gear for sea cucumber,
    (10) Open access longline gear for groundfish,
    (11) Open access Pacific halibut longline gear,
    (12) Open access groundfish trap or pot gear,
    (13) Open access Dungeness crab trap or pot gear,
    (14) Open access prawn trap or pot gear,
    (15) Open access sheephead trap or pot gear,
    (16) Open access line gear for groundfish,
    (17) Open access HMS line gear,
    (18) Open access salmon troll gear,
    (19) Open access California Halibut line gear,
    (20) Open access net gear,
    (21) Other gear, and
    (22) Tribal trawl.
    (B) [Reserved]
* * * * *

0
4. In Sec.  660.306, paragraphs (h)(4) through (h)(10) are redesignated 
as (h)(5) through (h)(11), paragraphs (h)(1) through (h)(3) are 
revised, and a new paragraph (h)(4) is added, paragraphs (i)(7), 
(i)(8), (j)(1), and (j)(6) are revised, and (j)(7) and (j)(8) are added 
to read as follows:


Sec.  660.306  Prohibitions.

* * * * *

    (h) * * *
    (1) Operate any vessel registered to a limited entry permit with a 
trawl endorsement and trawl gear on board in a applicable GCA (as 
defined at Sec.  660.381 (d)), except for purposes of continuous 
transiting, with all groundfish trawl gear stowed in accordance with 
Sec.  660.381(d), or except as authorized in the groundfish management 
measures published at Sec.  660.381.
    (2) Operate any vessel registered to a limited entry permit with a 
longline or trap (pot) endorsement and longline and/or trap gear 
onboard in an applicable GCA (as defined at Sec.  660.382(c)), except 
for purposes of continuous transiting, with all groundfish longline 
and/or trap gear stowed in accordance with Sec.  660.382(c) or except 
as authorized in the groundfish management measures at Sec.  660.382.
    (3) Operate any vessel with non-groundfish trawl gear onboard in 
any applicable GCA (as defined at Sec.  660.383 (c)) except for 
purposes of continuous transiting, with all trawl gear stowed in 
accordance with Sec.  660.383 (c), or except as authorized in the 
groundfish management measures published at Sec.  660.383.
    (4) Operate any vessel in an applicable GCA (as defined at Sec.  
660.383 (c)) that has non-trawl gear onboard and is not registered to a 
limited entry permit on a trip in which the vessel is used to take and 
retain or possess groundfish in the EEZ, possess or land groundfish 
taken in the EEZ, except for purposes of continuous transiting, with 
all groundfish non-trawl gear stowed in accordance with Sec.  
660.383(c), or except as authorized in the groundfish management 
measures published at Sec.  660.383.
* * * * *
    (i) * * *
    (7) Fail to provide departure or cease fishing reports specified at 
Sec.  660.314 (c)(2).
    (8) Fail to meet the vessel responsibilities specified at Sec.  
660.314 (d).
    (j) * * *
    (1) Use any vessel required to operate a VMS unit under Sec.  
660.312 (b) unless that vessel carries a NMFS OLE type-approved mobile 
transceiver unit and complies with all the requirements described at 
Sec.  660.312.
* * * * *
    (6) Register the same VMS transceiver unit to more than one vessel 
at the same time.
    (7) Falsify any VMS activation report or VMS exemption report that 
is authorized or required, as specified at Sec.  660.312.
    (8) Falsify any declaration report that is required, as specified 
at Sec.  660.303.


0
5. In Sec.  660.312, paragraphs (b),(d)(1),(d)(2) introductory text, 
(d)(2)(ii),(d)(3),(d)(4) introductory text, and (d)(4)(iii) and (iv) 
are revised, and (d)(4)(v) through (d)(4)(vii) are added to read as 
follows:


Sec.  660.312  Vessel Monitoring System (VMS) requirements.

* * * * *
    (b) Who is required to have VMS? The following vessels are required 
to install a NMFS OLE type-approved mobile transceiver unit and to 
arrange for a NMFS OLE type-approved communications service provider to 
receive and relay transmissions to NMFS OLE prior to fishing:
    (1) Any vessel registered for use with a limited entry permit that 
fishes in state or Federal waters seaward of the

[[Page 69170]]

baseline from which the territorial sea is measured off the States of 
Washington, Oregon or California (0-200 nm offshore).
    (2) Any vessel that uses non-groundfish trawl gear to fish in the 
EEZ.
    (3) Any vessel that uses open access gear to take and retain, or 
possess groundfish in the EEZ or land groundfish taken in the EEZ.
* * * * *
    (d) * * *
    (1) Obtain a NMFS OLE type-approved mobile transceiver unit and 
have it installed on board your vessel in accordance with the 
instructions provided by NMFS OLE. You may obtain a copy of the VMS 
installation and operation instructions from the NMFS OLE Northwest, 
VMS Program Manager upon request at 7600 Sand Point Way NE., Seattle, 
WA 98115-6349, phone: (206) 526-6133.
    (2) Activate the mobile transceiver unit, submit an activation 
report at least 72 hours prior to leaving port on a trip in which VMS 
is required, and receive confirmation from NMFS OLE that the VMS 
transmissions are being received before participating in a fishery 
requiring the VMS. Instructions for submitting an activation report may 
be obtained from the NMFS, Northwest OLE VMS Program Manager upon 
request at 7600 Sand Point Way NE., Seattle, WA 98115-6349, phone: 
(206)526-6133. An activation report must again be submitted to NMFS OLE 
following reinstallation of a mobile transceiver unit or change in 
service provider before the vessel may participate in a fishery 
requiring the VMS.
* * * * *
    (ii) Transferring ownership of VMS unit. Ownership of the VMS 
transceiver unit may be transferred from one vessel owner to another 
vessel owner if all of the following documents are provided to NMFS 
OLE: a new activation report, which identifies that the transceiver 
unit was previously registered to another vessel; a notarized bill of 
sale showing proof of ownership of the VMS transceiver unit; 
documentation from the communications service provider showing proof 
that the service agreement for the previous vessel was terminated and 
that a service agreement was established for the new vessel.
    (3) Transceiver unit operation. Operate and maintain in good 
working order the mobile transceiver unit continuously 24 hours a day 
throughout the fishing year, unless such vessel is exempted under 
paragraph (d)(4) of this section. The mobile transceiver unit must 
transmit a signal accurately indicating the vessel's position at least 
once every hour, 24 hours a day, throughout the year unless a valid 
exemption report, as described in paragraph (b)(4) of this section, has 
been received by NMFS OLE. Less frequent position reporting at least 
once every four hours is authorized when a vessel remains in port for 
an extended period of time, but the mobile transceiver unit must remain 
in continuous operation at all times unless the vessel is exempted 
under this section.
    (4) VMS exemptions. A vessel that is required to operate the mobile 
transceiver unit continuously 24 hours a day throughout the fishing 
year may be exempted from this requirement if a valid exemption report, 
as described at paragraph (d)(4)(vii) of this section, is received by 
NMFS OLE and the vessel is in compliance with all conditions and 
requirements of the VMS exemption identified in this section and 
specified in the exemption report.
* * * * *
    (iii) Permit transfer exemption. If the limited entry permit has 
been transferred from a vessel (for the purposes of this section, this 
includes permits placed into ``unidentified'' status) the vessel may be 
exempted from VMS requirements providing the vessel is not used to fish 
in state or Federal waters seaward of the baseline from which the 
territorial sea is measured off the States of Washington, Oregon or 
California (0-200 nm offshore) for the remainder of the fishing year. 
If the vessel is used to fish in this area for any species of fish at 
any time during the remaining portion of the fishing year without being 
registered to a limited entry permit, the vessel is required to have 
and use VMS.
    (iv) Long-term departure exemption. A vessel participating in the 
open access fishery that is required to have VMS under Sec.  660.312 
(b)(2) or 660.312 (b)(3) may be exempted from VMS provisions after the 
end of the fishing year in which it participated in the open access 
fishery, providing the vessel submits a completed exemption report 
signed by the vessel owner that includes a statement signed by the 
vessel owner indicating that the vessel will not be used to take and 
retain or possess groundfish in the EEZ or land groundfish taken in the 
EEZ during the new fishing year.
    (v) Emergency exemption. Vessels required to have VMS under 
660.312(b) may be exempted from VMS provisions in emergency situations 
that are beyond the vessel owner's control, including but not limited 
to: fire, flooding, or extensive physical damage to critical areas of 
the vessel. A vessel owner may apply for an emergency exemption from 
the VMS requirements specified in Sec.  660.312(b) for his/her vessel 
by sending a written request to NMFS OLE specifying the following 
information: The reasons for seeking an exemption, including any 
supporting documents (e.g., repair invoices, photographs showing damage 
to the vessel, insurance claim forms, etc.); the time period for which 
the exemption is requested; and the location of the vessel while the 
exemption is in effect. NMFS OLE will issue a written determination 
granting or denying the emergency exemption request. A vessel will not 
be covered by the emergency exemption until NMFS OLE issues a 
determination granting the exemption. If an exemption is granted, the 
duration of the exemption will be specified in the NMFS OLE 
determination.
    (vi) Submission of exemption reports. Signed long-term departure 
exemption reports must be submitted by fax or by emailing a electronic 
copy of the actual report. In the event of an emergency in which an 
emergency exemption request will be submitted, initial contact with 
NMFS OLE must be made by telephone, fax or email within 24 hours from 
when the incident occurred. Emergency exemption requests must be 
requested in writing within 72 hours from when the incident occurred. 
Other exemption reports must be submitted through the VMS or another 
method that is approved by NMFS OLE and announced in the Federal 
Register. Submission methods for exemption requests, except long-term 
departures and emergency exemption requests, may include email, 
facsimile, or telephone. NMFS OLE will provide, through appropriate 
media, instructions to the public on submitting exemption reports. 
Instructions and other information needed to make exemption reports may 
be mailed to the vessel owner's address of record. NMFS will bear no 
responsibility if a notification is sent to the address of record for 
the vessel owner and is not received because the vessel owner's actual 
address has changed without notification to NMFS, as required at Sec.  
660.335(a)(2). Owners of vessels required to use VMS who do not receive 
instructions by mail are responsible for contacting NMFS OLE during 
business hours at least 3 days before the exemption is required to 
obtain information needed to make exemption reports. NMFS OLE must be 
contacted during business hours (Monday through Friday between 0800 and 
1700 Pacific Time).
    (vii) Valid exemption reports. For an exemption report to be valid, 
it must be

[[Page 69171]]

received by NMFS at least 2 hours and not more than 24 hours before the 
exempted activities defined at paragraph (d)(4)(i) through (iv) of this 
section occur. An exemption report is valid until NMFS receives a 
report canceling the exemption. An exemption cancellation must be 
received at least 2 hours before the vessel re-enters the EEZ following 
an outside areas exemption; at least 2 hours before the vessel is 
placed back in the water following a haul out exemption; at least 2 
hours before the vessel resumes fishing for any species of fish in 
state or Federal waters off the States of Washington, Oregon, or 
California after it has received a permit transfer exemption; or at 
least 2 hours before a vessel resumes fishing in the open access 
fishery after a long-term departure exemption. If a vessel is required 
to submit an activation report under Sec.  660.312(d)(2)(i) before 
returning to fish, that report may substitute for the exemption 
cancellation. Initial contact must be made with NMFS OLE not more than 
24 hours after the time that an emergency situation occurred in which 
VMS transmissions were disrupted and followed by a written emergency 
exemption request within 72 hours from when the incident occurred. If 
the emergency situation upon which an emergency exemption is based is 
resolved before the exemption expires, an exemption cancellation must 
be received by NMFS at least 2 hours before the vessel resumes fishing.
* * * * *

0
6. In Sec.  660.335, paragraph (f)(1) is revised to read as follows:


Sec.  660.335  Limited entry permits - renewal, combination, stacking, 
change of permit ownership or permit holdership, and transfer.

* * * * *
    (f) * * *
    (1) A permit owner may designate the vessel registration fora 
permit as ``unidentified,'' meaning that no vessel has been identified 
as registered for use with that permit. No vessel is authorize to use a 
permit with the vessel registration designated as ``unidentified.'' A 
vessel owner who removes a permit from his vessel and registers that 
permit as ``unidentified'' is not exempt from VMS requirements at Sec.  
660.312 unless specifically authorized by that section.
* * * * *

0
7. In Sec.  660.381, paragraph (b)(4), (c)(4), (d) introductory text, 
(d)(4) and (d)(5) are revised to read as follows:


Sec.  660.381  Limited entry trawl fishery management measures.

* * * * *
    (b) * * *
    (4) Large footrope trawl gear. Large footrope gear is bottom trawl 
gear with a footrope diameter larger than 8 inches (20 cm) (including 
rollers, bobbins or other material encircling or tied along the length 
of the footrope). Fishing with bottom trawl gear with a footrope 
diameter greater than 19 inches (48 cm) (including rollers, bobbins, or 
other material encircling or tied along the length of the footrope) is 
prohibited anywhere in EFH within the EEZ, as defined by latitude/
longitude coordinates at Sec.  660.395.
    * * * * *
    (c) * * *
    (4) More than one type of trawl gear on board. The cumulative trip 
limits in Table 3 (North) or Table 3 (South) of this subpart must not 
be exceeded.
    (i) The following restrictions apply to vessels operating north of 
40[deg]10' N. lat.:
    (A) A