Fisheries Off West Coast States; Highly Migratory Fisheries; California Swordfish Drift Gillnet Fishery; Vessel Monitoring System and Pre-Trip Notification Requirement, 54950-54954 [2014-21902]

Download as PDF 54950 Federal Register / Vol. 79, No. 178 / Monday, September 15, 2014 / Proposed Rules expected impact of this rule on small entities. DoD, GSA, and NASA will also consider comments from small entities concerning the existing regulations in subparts affected by the rule consistent with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610, FAR Case 2014–010, in correspondence. IV. Paperwork Reduction Act The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Part 42 Government procurement. Therefore, DoD, GSA, and NASA propose amending 48 CFR part 42 as set forth below: PART 42—CONTRACT ADMINISTRATION AND AUDIT SERVICES 1. The authority citation for 48 CFR part 42 continues to read as follows: ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. 2. Amend section 42.1502 by revising paragraph (a) to read as follows: ■ rmajette on DSK2TPTVN1PROD with PROPOSALS Policy. (a) General. Past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed. Past performance evaluations are required for all contracts and orders that exceed the specified thresholds, including contracts and orders performed outside the United States. These evaluations are generally for the entity, division, or unit that performed the contract or order. Past performance information shall be entered into CPARS, the Governmentwide evaluation reporting tool for all past performance reports on contracts and orders. Instructions for submitting evaluations into CPARS are available at https://www.cpars.gov/. * * * * * [FR Doc. 2014–21853 Filed 9–12–14; 8:45 am] BILLING CODE 6820–EP–P VerDate Mar<15>2010 15:36 Sep 12, 2014 National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 140528460–4460–01] RIN 0648–BE25 Fisheries Off West Coast States; Highly Migratory Fisheries; California Swordfish Drift Gillnet Fishery; Vessel Monitoring System and Pre-Trip Notification Requirement National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: NMFS is issuing a proposed rule to require use of a NMFS-approved vessel monitoring system (VMS) and institute a 48-hour pre-trip call-in notification requirement for West Coast Large-mesh Swordfish Drift Gillnet (DGN) vessel owners. The DGN fishery operates under authority of the Federal Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). The VMS requirement is a mandatory term and condition in the 2013 Endangered Species Act (ESA) Section 7 biological opinion (Opinion) that authorizes the DGN fishery to take certain threatened and endangered species incidental to fishing operations. Installing and operating VMS on vessels in this fishery would provide NMFS and law enforcement personnel the ability to monitor the fishery for compliance with time/area closures, facilitate the deployment of agents to inspect vessels for compliance with conservation measures, and more closely examine and compare the distribution of observed and unobserved fishing effort in the fishery. The pre-trip notification would assist NMFS with timely and efficient placement of NMFS observers onboard DGN vessels. DATES: Comments must be received on or before September 30, 2014. ADDRESSES: You may submit comments on the proposed rule, identified by NOAA–NMFS–2014–2013–0131, by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov/#!docket Detail;D=NOAA-NMFS-2014-2013-0131, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. SUMMARY: Dated: September 9, 2014. William Clark, Acting Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. 42.1502 DEPARTMENT OF COMMERCE Jkt 232001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 • Mail: Submit written comments to Craig Heberer, NMFS West Coast Region, 501 W. Ocean Blvd., Ste. 4200, Long Beach, CA 90802. Include the identifier ‘‘NOAA–NMFS–2014- in the comments. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. Copies of the draft Regulatory Impact Review (RIR) and other supporting documents are available via the Federal e-Rulemaking Portal: https:// www.regulations.gov, docket NOAA– NMFS–140528460–4460–01 or contact with the Regional Administrator, William W. Stelle, Jr., NMFS West Coast Regional Office, 7600 Sand Point Way NE., Bldg 1, Seattle, WA 98115–0070, or RegionalAdministrator.WCRHMS@ noaa.gov. FOR FURTHER INFORMATION CONTACT: Craig Heberer, NMFS, 706–431–9440 (#303), craig.heberer@noaa.gov. SUPPLEMENTARY INFORMATION: The DGN fishery is managed under the HMS FMP, which was prepared by the Pacific Fishery Management Council (Council) and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), 16 U.S.C. 1801, et seq., by regulations at 50 CFR part 660. Background On September 4, 2013, NMFS published in the Federal Register a temporary rule (78 FR 54548) for emergency action to modify the DGN fishery for the 2013–2014 fishing season under authority of section 305(c)(1) of the MSA, 16 U.S.C. 1855(c). NMFS issued the temporary rule as a result of the observed entanglement of two Endangered Species Act (ESA) listed sperm whales by a DGN fishing vessel in 2010 and the recommendations made to NMFS by the Pacific Offshore Cetacean Take Reduction Team (TRT) to reduce sperm whale bycatch in the fishery for the 2013–2014 fishing E:\FR\FM\15SEP1.SGM 15SEP1 rmajette on DSK2TPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 178 / Monday, September 15, 2014 / Proposed Rules season, in accordance with the MSA, ESA, and the Marine Mammal Protection Act (MMPA). Implementation of the temporary regulations allowed NMFS to issue an MMPA section 101(a)(5)(E) permit authorizing the incidental take of sperm whales by the DGN fishery. The temporary regulations implemented, among other measures, mandatory monitoring (VMS) and observer requirements (pre-trip notification and a 100 percent deep water closure zone unless a NMFS-certified observer was on board), and would have immediately shut down the fishery for the calendar year in the event of a sperm whale interaction. The temporary rule expired on January 31, 2014, which corresponded with the traditional end of the DGN fishing season. At its March 2014 meeting, the Council requested that NMFS extend the emergency actions contained in the temporary rule while permanent rulemaking under the MMPA to reduce sperm whale interactions in the DGN fishery is under consideration. NMFS published in the Federal Register a second temporary rule (79 FR 29377, May 22, 2014) renewing the conservation measures contained in the original temporary rule. That rule expired on August 5, 2014. Since publication of the second emergency rule, the stock assessment for sperm whales and the methodology for estimating bycatch rates have been revised. The revisions are based on analyses prepared by scientists from the NMFS Southwest Fisheries Science Center and included in the proposed draft 2014 Stock Assessment Report presented at the NMFS Scientific Review Group meeting in April, 2014. Based on those revisions, on August 25, 2014, NMFS published in the Federal Register its draft amended Negligible Impact Determination (NID), for the proposed issuance of a MMPA section 101(a)(5)(E) permit for federally managed commercial fisheries off the U.S. West Coast. The Federal Register notice regarding the proposed NID explains the analyses and rationale for determining that mortality and serious injury incidental to commercial fisheries, including the DGN fishery, will have a negligible impact on the stock of sperm whales on which the emergency regulations had been focused. Because the stock assessments and bycatch estimates for sperm whales have been revised, using peer-reviewed and scientifically sound methodology, restrictions on the DGN fishery which had been implemented in the emergency regulations are not required VerDate Mar<15>2010 15:36 Sep 12, 2014 Jkt 232001 under the draft amended NID. In addition, under section 118 of the MMPA, the Pacific Offshore Cetacean Take Reduction Plan continues to meet its mandated short-term goal of reducing serious injury/mortality of strategic stocks, including sperm whales, to below the Potential Biological Removal levels. The revisions to the sperm whale stock assessment and bycatch methodologies also prompted the TRT to reconvene and revisit their February recommendations to NMFS. At their June 2014 meeting, the Council recommended that NMFS move forward with the VMS and pre-trip notification requirements suggested in the original TRT recommendation and promulgate regulations to make those requirements permanent under the MSA. Based on the Council recommendation and because the VMS requirement addresses a mandatory term and condition specified in the Opinion issued on May 2, 2013, NMFS is proposing this rule to make permanent the VMS and the pretrip notification requirements so that these measures are in place for the 2014–2015 DGN fishing season, which typically commences after August 15 of each year. Certain restrictions on the DGN fishery that had been implemented in the emergency regulations, but are no longer required under the draft amended NID, are not incorporated in this rule. The TRT is continuing to meet and discuss recommendations to NMFS for any additional conservation measures that would further benefit the stocks in question. Information for current NMFS typeapproved VMS units can be obtained by contacting: NMFS, Office of Law Enforcement (OLE), 1315 East West Hwy, Suite 3301, Silver Spring, MD 20910–3282; telephone: (888) 210–9288; fax: (301) 427–0049. Or, by contacting NMFS OLE VMS Helpdesk: telephone: (888) 219–9228; email: ole.helpdesk@ noaa.gov. The business hours of the VMS Helpdesk are: Monday through Friday, except Federal holidays, 7 a.m. to 11 p.m., Eastern Time. The vessel owner would be responsible for all costs associated with the purchase, installation, and maintenance of the VMS mobile transceiver unit (VMS unit), and for all charges levied by the mobile communications service provider as necessary to ensure the transmission of automatic position reports to NMFS. The unit cost, physical size, available features, transmission fees, and service packages vary among the different typeapproved VMS mobile transceiver units. Vessel owners may choose the typeapproved VMS unit that best fits their PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 54951 needs. Federal funds are currently available for reimbursement of typeapproved VMS units up to $3,100, as determined within the VMS Reimbursement Program. The availability of these funds for reimbursement for the cost of purchasing a VMS unit is not guaranteed, but is anticipated to be available on a first-come first-served basis. To be eligible to receive reimbursement, the owner must submit proof of professional installation of the VMS unit to NMFS Office of Law Enforcement (OLE) in compliance with the requirements of the VMS Reimbursement Program. More information on the VMS Reimbursement Program can be obtained by calling the NMFS OLE VMS Helpdesk: telephone: (888) 219–9228, and online: https:// www.psmfc.org/program/vesselmonitoring-system-reimbursementprogram-vms?pid=17. Prior to fishing, the vessel owner, or the vessel operator on the owner’s behalf, will be required to send an activation report to NMFS OLE to verify that the VMS unit was installed correctly and has been activated. Activation of a VMS unit would be required any time the unit is installed or reinstalled, any time the mobile communications service provider has changed, and any other time directed by NMFS. Activation would involve submitting to NMFS a report via mail, facsimile or email with information about the vessel, its owner or operator, and the VMS unit, as well as receiving confirmation from NMFS that the VMS unit is transmitting position reports properly. For issues related to day-today operation of VMS units, including declaration reports, activation reports and exemption reports, the (Special Agent-in-Charge’s (SAC’s) designee is the OLE VMS Program Manager’s office located at 7600 Sand Point Way NE., Seattle, WA 98115–6349; phone: (888) 585–5518; fax: (206) 526-6528); and email: wcd.vms@noaa.gov. Classification Pursuant to the MSA, the NMFS Assistant Administrator has determined that the proposed rule is consistent with the HMS FMP and its amendments, other provisions of the MSA, and other applicable law, subject to further consideration after public comment. National Environmental Policy Act This action is categorically excluded from the requirement to prepare an environmental assessment in accordance with NAO 216–6. A memorandum for the file that sets forth the decision to use a categorical E:\FR\FM\15SEP1.SGM 15SEP1 54952 Federal Register / Vol. 79, No. 178 / Monday, September 15, 2014 / Proposed Rules exclusion will be prepared prior to the issuance of a final rule. rmajette on DSK2TPTVN1PROD with PROPOSALS Executive Order 12866 Regulatory Flexibility Act (RFA) This proposed rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The proposed rule would apply to the large-mesh drift gillnet (DGN) fishery in California. Temporary regulations (78 FR 54548, September 4, 2013, and 79 FR 29377, May 22, 2014) required owners and operators of DGN vessels to install and operate VMS units and to notify NMFS 48 hours in advance of a fishing trip, for which NMFS may assign an observer, during the 2013–2014 fishing season. DGN fishermen complied with the temporary provisions for operating VMS units and notifying NMFS prior to departure. These temporary regulations expired in August of 2014. Under the proposed rule, all DGN vessels will be required to install and operate VMS units and notify NMFS 48 hours prior to taking a fishing trip. The small entities that would be affected by the proposed action are all fishing vessels operating as part of the DGN fleet. The U.S. Small Business Administration (SBA) defines small fishing businesses as vessels with annual revenues of or below $19 million from finfish fishing; however, this definition changed to $20.5 million effective on July 14, 2014 following a recent final rule published by the SBA on June 12, 2014 (79 FR 33647). The vessels in the DGN fleet have never achieved annual revenue of $20.5 million per vessel from finfish fishing whether considering an individual vessel or per vessel average. The aggregate annual ex-vessel revenues for the entire fleet during the last 15 years have been fewer than three million dollars. In recent years (2008 through 2013), about 26 DGN vessels of 65 current permits (active and latent) have been operating annually under the Fishery Management Plan for the U.S. West Coast Fisheries for Highly Migratory Species. From 2008 through 2013, the average annual per vessel revenue for the DGN fleet from finfish fishing has been about $126,000, a number well below a threshold value of $20.5 million from finfish fishing to be considered a large business per the SBA size definition. VerDate Mar<15>2010 15:36 Sep 12, 2014 Jkt 232001 All of the entities impacted by this proposed rule are considered small business entities. All impacted vessels will be affected in a similar way and disproportional economic effect between small and large businesses will not exist. The VMS units that have been type-approved range in cost and service features. This allows the vessel owner flexibility in choosing the model that best fits the needs of their vessel. Compliance for each of the projected small entities would involve the following approximate annualized costs: $1,000 for the purchase and installation of VMS units (based on $4,000 per unit and a lifespan of 4 years per unit), $250 for VMS unit maintenance, and, based on estimated communication costs of about $1.50 per day (based on hourly reporting cost of some service providers), $547.50 for VMS unit operation (i.e., the transmission of automatic vessel position reports to NOAA). Thus, the total compliance cost (during the 4-year lifespan of VMS unit) and annualized compliance cost would be about $7,190 and $1,797.50 per vessel, respectively. The analysis assumes that vessel owners will pay for the required VMS units. However, Federal funds may be available for reimbursement of certain costs associated with type-approved units up to $3,100 (or $775 annualized amount).1 The recurring financial burden to a fisherman after a subsidy on the VMS unit will be about $1,025 annually, or about 0.81 percent of the annual average fishing revenue. In the absence of a VMS subsidy, the recurring financial burden to a fisherman would be about 1.42 percent of the annual average fishing revenue. Based on these figures, none of the DGN small business entities will be significantly impacted by the provisions in the proposed rule. Further, NMFS concludes that all of these small business entities will be affected in similar ways. The average revenue of $126,000 per annum during 2008–13 is representative of the fishery. While outlier vessel revenue values have ranged from about three to five times the average annual per vessel revenue during 2008–13, variability among the small entities is not very large since the mean and standard deviation of the annual revenues among fishermen are nearly similar in each year during 2008–13. The financial burden of operating a VMS unit is trivial relative to the average annual gross revenue that a DGN fisherman generates from fishing. The financial cost to a fisherman, either with the subsidy or without, is less than two percent of the annual average fishing revenue, which does not constitute a significant impact. In addition, the DGN fleet has already been operating under (now-expired) emergency rules that required the use of VMS units, so vessel owners are already aware of and complying with these requirements. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: September 9, 2014. 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 660 is proposed to be amended as follows: PART 660––FISHERIES OFF WEST COAST STATES 1. The authority citation for 50 CFR part 660 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 660.702, the definitions for ‘‘Regional Administrator,’’ ‘‘SpecialAgent-In-Charge (SAC),’’ and ‘‘Vessel monitoring system unit (VMS unit)’’ are revised to read as follows: ■ § 660.702 * * * * Regional Administrator means the Regional Administrator for the West Coast Region, National Marine Fisheries Service, or a designee. Special Agent-In-Charge (SAC) means the Special Agent-In-Charge, NMFS, Office of Enforcement, West Coast Region, or a designee of the Special Agent-In-Charge. * * * * * Vessel monitoring system unit (VMS unit) means an automated, remote system and mobile transceiver unit that is approved by NMFS and provides information about a vessel’s identity, location, and activity for the purposes of routine monitoring, control, surveillance and enforcement of area and time restrictions and other fishery management measures. * * * * * ■ 3. In § 660.705, paragraphs (l), (o), and (p) are revised and paragraphs (rr) and (ss) are added to read as follows: § 660.705 1 The availability of these funds for reimbursement for the cost of purchasing a VMS unit is not guaranteed, but the funds are anticipated to be available on a first-come first-served basis. PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 Definitions. * Prohibitions. * * * * * (l) Fail to install, activate, repair, replace, carry, operate or maintain a E:\FR\FM\15SEP1.SGM 15SEP1 Federal Register / Vol. 79, No. 178 / Monday, September 15, 2014 / Proposed Rules VMS unit as required under § 660.712 and § 660.713. * * * * * (o) Fish for, catch, or harvest HMS with longline or drift gillnet gear without an operating VMS unit on board the vessel after installation of the VMS unit. (p) Possess on board a vessel without an operating VMS unit HMS harvested with longline or drift gillnet gear after installation of the VMS unit. * * * * * (rr) Fail to notify NMFS or the NMFSdesignated observer provider at least 48 hours prior to departure on a fishing trip using drift gillnet gear as required under § 660.713. (ss) Fail to submit a declaration report to the NMFS Office of Law Enforcement prior to departure on a fishing trip using drift gillnet gear as required under § 660.713. ■ 4. In § 660.713, paragraphs (f) and (g) are added to read as follows: § 660.713 Drift gillnet fishery. rmajette on DSK2TPTVN1PROD with PROPOSALS * * * * * (f) Pre-trip Notification Requirements. (1) Drift gillnet vessel owners or operators are required to notify NMFS or the NMFS designated observer provider at least 48 hours prior to departing on each fishing trip. The vessel owners or operators must communicate to the observer provider: the owner or operator’s name, contact information, vessel name, port of departure, and estimated date and time of departure, and a telephone number at which the owner or operator may be contacted during the business day (Monday through Friday between 0800 and 1700 Pacific Time) to indicate whether an observer will be required on the subject fishing trip. Contact information for the current observer provider can be obtained by calling the NMFS West Coast Region Sustainable Fisheries Division at 562–980–4030. (2) The drift gillnet vessel owners or operators must provide the NMFS West Coast Region Office of Law Enforcement (OLE) with a declaration report before the vessel leaves port to fish for thresher shark/swordfish with large-mesh drift gillnet gear in the state and federal waters between 0 and 200 nm offshore of California, Oregon, or Washington. OLE’s declaration hotline is 1–888–585– 5518. The business hours for the OLE are Monday through Friday, except Federal holidays, 8 a.m. to 4:30 p.m., Pacific Standard Time; voice messages left on the hotline will be retrieved at the start of the next business day. (g) Vessel Monitoring System (VMS) Requirements. Drift gillnet vessel VerDate Mar<15>2010 15:36 Sep 12, 2014 Jkt 232001 owners are required to install an OLE type-approved VMS mobile transceiver unit (VMS unit) and to arrange for a OLE type-approved communications service provider to receive and relay transmissions to the OLE prior to fishing for thresher shark/swordfish with largemesh drift gillnet gear. (1) What is a VMS? A VMS consists of an OLE type-approved VMS unit that automatically determines the vessel’s position and transmits it to an OLE type-approved communications service provider. The communications service provider receives the transmission and relays it to the OLE. (2) What Vessels are Required to Have a VMS? Any vessel registered for use with a limited entry California state large-mesh thresher shark/swordfish drift gillnet permit and a federal highly migratory species permit that fishes in state or Federal waters off the coasts of California, Oregon, or Washington (0– 200 nm offshore). (3) How are VMS Units and Communications Service Providers Approved by OLE? (i) VMS unit manufacturers or communication service providers will submit products or services to the OLE for evaluation based on the published specifications. (ii) OLE will publish a list of OLE type-approved VMS units and communication service providers for the DGN fishery in the Federal Register or notify the public through other appropriate media; and the OLE may publish amendments to the list as necessary. (4) What are the Vessel Owner’s Responsibilities? If you are a vessel owner that must participate in the VMS program, you or the vessel operator on your behalf must: (i) Obtain an OLE type-approved VMS unit and have it installed on board your vessel in accordance with the instructions provided by the OLE. You may obtain a copy of the VMS installation and operation instructions from the Special-Agent-In-Charge (SAC). (ii) Activate the VMS unit, submit an activation report, and receive confirmation from OLE that the VMS transmissions are being received at least 72 hours prior to leaving port on a fishing trip for which VMS is required. Instructions for submitting an activation report may be obtained from the SAC. An activation report must again be submitted to the OLE following reinstallation of a VMS unit or change in service provider before the vessel may be used to fish in a fishery requiring the VMS. (A) Activation reports. If you are a vessel owner who must use VMS and PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 54953 you are activating a VMS unit for the first time or reactivating a VMS unit following a reinstallation or change in service provider, you or the vessel operator on your behalf must fax to the OLE an activation report that includes: vessel name, vessel owner’s name, address and telephone number, vessel operator’s name, address and telephone number, USCG vessel documentation number/state registration number; and, if applicable, the relevant state and federal permit numbers for which vessel or owner is registered, VMS unit manufacturer, VMS communications service provider, VMS unit identification, and a statement signed and dated by the vessel owner confirming compliance with the installation procedures provided by the SAC and identifying whether the VMS unit is primary or backup. (B) Transferring ownership of the VMS unit. Ownership of the VMS unit may be transferred from one vessel owner to another vessel owner if all of the following documents are provided to the OLE: a new activation report, which identifies that the VMS unit was previously registered to another vessel, a notarized bill of sale showing proof of ownership of the VMS unit, and 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. (iii) Continuously operate and maintain the VMS unit in good working order, 24 hours a day throughout the fishing year. The VMS unit must accurately transmit a signal 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 (g)(4)(iv)(F) of this section, has been confirmed by the OLE. Less frequent position reporting, at least once every 4 hours, may be authorized by OLE when a vessel remains in port for an extended period of time. (iv) Submit an exemption report to be confirmed by the OLE as valid, as described at paragraph (g)(4)(iv)(F) of this section, and comply with all conditions and requirements of the VMS exemption identified in this section and specified in the exemption report for a vessel to be exempted from the requirement of continuously operating and maintaining the VMS unit 24 hours a day throughout the fishing year. (A) Haul out exemption. When it is anticipated that a vessel will be continuously out of the water for more than 7 consecutive days and the OLE has confirmed a valid exemption report E:\FR\FM\15SEP1.SGM 15SEP1 rmajette on DSK2TPTVN1PROD with PROPOSALS 54954 Federal Register / Vol. 79, No. 178 / Monday, September 15, 2014 / Proposed Rules has been received for the vessel, electrical power to the VMS unit may be removed and transmissions may be discontinued. Under this exemption, VMS transmissions can be discontinued from the time the vessel is removed from the water until the time that the vessel is placed back in the water. (B) Outside areas exemption. When the vessel will be continuously operating seaward of the U.S. exclusive economic zone (EEZ; beyond 200 nm) off the coasts of California, Oregon, or Washington for more than 7 consecutive days and the OLE has confirmed a valid exemption report has been received for the vessel, the VMS unit transmissions may be reduced or discontinued from the time the vessel leaves the EEZ off the coasts of California, Oregon, or Washington until the time that the vessel re-enters the EEZ off the coasts of California, Oregon, or Washington. If the vessel is equipped with a VMS unit that OLE has approved for this exemption and after the OLE has received an exemption report for the vessel, the vessel owner or operator can request that the OLE reduce or discontinue the VMS transmissions. (C) Long-term departure exemption. A vessel participating in the DGN fishery that is required to have VMS under paragraph (g) of this section may be exempted from VMS provisions after the end of the fishing season in which it fished, provided that a completed exemption report including a statement signed by the vessel owner indicating that the vessel will not be used to take and retain or possess or land swordfish taken in state or federal waters off the coasts of California, Oregon, or Washington during the upcoming fishing year is submitted to OLE. (D) Emergency exemption. Vessels required to have VMS under paragraph (g) of this section 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 request an emergency exemption from the VMS requirements specified in paragraph (g) of this section for his/her vessel by contacting the OLE and submitting the following information in writing: 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. The OLE will issue a written VerDate Mar<15>2010 15:36 Sep 12, 2014 Jkt 232001 determination granting or denying the emergency exemption request. A vessel will not be covered by the emergency exemption until the OLE issues a determination granting the exemption. If an exemption is granted, the duration of the exemption will be specified in the OLE determination. (E) Submission of exemption reports. Long-term departure exemption reports must be signed by the vessel owner and submitted by fax or by emailing an electronic copy of the actual report to the OLE. If an emergency exemption request will be submitted, initial contact with OLE must be made by telephone, fax or email within 24 hours from when the emergency incident occurred. All emergency exemption requests must be submitted in writing within 72 hours from when the incident occurred. Submission methods for exemption reports, except long-term departures and emergency exemption requests, may include email, facsimile, or telephone. 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. Owners of vessels required to use the VMS who do not receive instructions by mail are responsible for contacting OLE during business hours at least 3 days before the exemption is needed to obtain information necessary for exemption reports. OLE must be contacted during business hours (Monday through Friday, except Federal holidays, between 0800 and 1700 Pacific Time). Any other categories of exemptions that have not been specified in paragraph (g) of this section may be submitted to OLE through the VMS unit or another method deemed appropriate by OLE. Before a request for a new category of exemption can be approved by OLE, it must be announced in the Federal Register. (F) Valid exemption reports. For an exemption report to be valid, it must be received by OLE at least 2 hours and not more than 24 hours before the exempted activities defined at paragraphs (g)(4)(iv)(A) through (D) of this section occur and confirmed by OLE. 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; or at least 2 hours before a vessel resumes fishing with a large- PO 00000 Frm 00038 Fmt 4702 Sfmt 9990 mesh drift gillnet after a long-term departure exemption. If a vessel is required to submit an activation report under paragraph (g)(4)(ii) of this section before returning to fish, that report may substitute for the exemption cancellation. After an emergency situation occurs that disrupts the VMS transmission, initial contact must be made with OLE within 24 hours and a written emergency exemption request submitted 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 OLE at least 2 hours before the vessel resumes fishing. (v) When aware that transmission of automatic position reports has been interrupted, or when notified by OLE that automatic position reports are not being received, contact OLE and follow the instructions provided to you. Such instructions may include, but are not limited to, manually communicating the vessel’s position to a location designated by OLE or returning to port until the VMS unit is operable. (vi) After a fishing trip during which interruption of automatic position reports has occurred, the vessel’s owner or operator must replace or repair the VMS unit prior to the vessel’s next fishing trip. Repair or reinstallation of a VMS unit or installation of a replacement unit, including any changes in communications service providers shall be in accordance with the instructions provided by OLE. (vii) Make the VMS units available for inspection by OLE personnel, USCG personnel, state enforcement personnel or any authorized officer. (viii) Ensure that the VMS unit is not tampered with, disabled, destroyed, operated, or maintained improperly. (ix) Pay all charges levied by the communication service provider as necessary to ensure continuous operation of the VMS units. (5) What is the contact information for the OLE SAC? For issues related to dayto-day operation of VMS units, including declaration reports, activation reports and exemption reports, the SAC’s designee is the OLE VMS Program Manager’s office located at 7600 Sand Point Way NE., Seattle, WA 98115–6349; phone: (888) 585–5518; fax: (206) 526-6528); and email: wcd.vms@noaa.gov. [FR Doc. 2014–21902 Filed 9–12–14; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\15SEP1.SGM 15SEP1

Agencies

[Federal Register Volume 79, Number 178 (Monday, September 15, 2014)]
[Proposed Rules]
[Pages 54950-54954]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21902]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140528460-4460-01]
RIN 0648-BE25


Fisheries Off West Coast States; Highly Migratory Fisheries; 
California Swordfish Drift Gillnet Fishery; Vessel Monitoring System 
and Pre-Trip Notification Requirement

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS is issuing a proposed rule to require use of a NMFS-
approved vessel monitoring system (VMS) and institute a 48-hour pre-
trip call-in notification requirement for West Coast Large-mesh 
Swordfish Drift Gillnet (DGN) vessel owners. The DGN fishery operates 
under authority of the Federal Fishery Management Plan for U.S. West 
Coast Fisheries for Highly Migratory Species (HMS FMP). The VMS 
requirement is a mandatory term and condition in the 2013 Endangered 
Species Act (ESA) Section 7 biological opinion (Opinion) that 
authorizes the DGN fishery to take certain threatened and endangered 
species incidental to fishing operations. Installing and operating VMS 
on vessels in this fishery would provide NMFS and law enforcement 
personnel the ability to monitor the fishery for compliance with time/
area closures, facilitate the deployment of agents to inspect vessels 
for compliance with conservation measures, and more closely examine and 
compare the distribution of observed and unobserved fishing effort in 
the fishery. The pre-trip notification would assist NMFS with timely 
and efficient placement of NMFS observers onboard DGN vessels.

DATES: Comments must be received on or before September 30, 2014.

ADDRESSES: You may submit comments on the proposed rule, identified by 
NOAA-NMFS-2014-2013-0131, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-2013-0131, click 
the ``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Craig Heberer, NMFS West 
Coast Region, 501 W. Ocean Blvd., Ste. 4200, Long Beach, CA 90802. 
Include the identifier ``NOAA-NMFS-2014- in the comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Copies of the draft Regulatory Impact Review (RIR) and other 
supporting documents are available via the Federal e-Rulemaking Portal: 
https://www.regulations.gov, docket NOAA-NMFS-140528460-4460-01 or 
contact with the Regional Administrator, William W. Stelle, Jr., NMFS 
West Coast Regional Office, 7600 Sand Point Way NE., Bldg 1, Seattle, 
WA 98115-0070, or RegionalAdministrator.WCRHMS@noaa.gov.

FOR FURTHER INFORMATION CONTACT: Craig Heberer, NMFS, 706-431-9440 
(303), craig.heberer@noaa.gov.

SUPPLEMENTARY INFORMATION: The DGN fishery is managed under the HMS 
FMP, which was prepared by the Pacific Fishery Management Council 
(Council) and is implemented under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (MSA), 16 U.S.C. 1801, 
et seq., by regulations at 50 CFR part 660.

Background

    On September 4, 2013, NMFS published in the Federal Register a 
temporary rule (78 FR 54548) for emergency action to modify the DGN 
fishery for the 2013-2014 fishing season under authority of section 
305(c)(1) of the MSA, 16 U.S.C. 1855(c). NMFS issued the temporary rule 
as a result of the observed entanglement of two Endangered Species Act 
(ESA) listed sperm whales by a DGN fishing vessel in 2010 and the 
recommendations made to NMFS by the Pacific Offshore Cetacean Take 
Reduction Team (TRT) to reduce sperm whale bycatch in the fishery for 
the 2013-2014 fishing

[[Page 54951]]

season, in accordance with the MSA, ESA, and the Marine Mammal 
Protection Act (MMPA). Implementation of the temporary regulations 
allowed NMFS to issue an MMPA section 101(a)(5)(E) permit authorizing 
the incidental take of sperm whales by the DGN fishery. The temporary 
regulations implemented, among other measures, mandatory monitoring 
(VMS) and observer requirements (pre-trip notification and a 100 
percent deep water closure zone unless a NMFS-certified observer was on 
board), and would have immediately shut down the fishery for the 
calendar year in the event of a sperm whale interaction.
    The temporary rule expired on January 31, 2014, which corresponded 
with the traditional end of the DGN fishing season. At its March 2014 
meeting, the Council requested that NMFS extend the emergency actions 
contained in the temporary rule while permanent rulemaking under the 
MMPA to reduce sperm whale interactions in the DGN fishery is under 
consideration. NMFS published in the Federal Register a second 
temporary rule (79 FR 29377, May 22, 2014) renewing the conservation 
measures contained in the original temporary rule. That rule expired on 
August 5, 2014. Since publication of the second emergency rule, the 
stock assessment for sperm whales and the methodology for estimating 
bycatch rates have been revised. The revisions are based on analyses 
prepared by scientists from the NMFS Southwest Fisheries Science Center 
and included in the proposed draft 2014 Stock Assessment Report 
presented at the NMFS Scientific Review Group meeting in April, 2014. 
Based on those revisions, on August 25, 2014, NMFS published in the 
Federal Register its draft amended Negligible Impact Determination 
(NID), for the proposed issuance of a MMPA section 101(a)(5)(E) permit 
for federally managed commercial fisheries off the U.S. West Coast. The 
Federal Register notice regarding the proposed NID explains the 
analyses and rationale for determining that mortality and serious 
injury incidental to commercial fisheries, including the DGN fishery, 
will have a negligible impact on the stock of sperm whales on which the 
emergency regulations had been focused. Because the stock assessments 
and bycatch estimates for sperm whales have been revised, using peer-
reviewed and scientifically sound methodology, restrictions on the DGN 
fishery which had been implemented in the emergency regulations are not 
required under the draft amended NID. In addition, under section 118 of 
the MMPA, the Pacific Offshore Cetacean Take Reduction Plan continues 
to meet its mandated short-term goal of reducing serious injury/
mortality of strategic stocks, including sperm whales, to below the 
Potential Biological Removal levels.
    The revisions to the sperm whale stock assessment and bycatch 
methodologies also prompted the TRT to reconvene and revisit their 
February recommendations to NMFS. At their June 2014 meeting, the 
Council recommended that NMFS move forward with the VMS and pre-trip 
notification requirements suggested in the original TRT recommendation 
and promulgate regulations to make those requirements permanent under 
the MSA. Based on the Council recommendation and because the VMS 
requirement addresses a mandatory term and condition specified in the 
Opinion issued on May 2, 2013, NMFS is proposing this rule to make 
permanent the VMS and the pre-trip notification requirements so that 
these measures are in place for the 2014-2015 DGN fishing season, which 
typically commences after August 15 of each year. Certain restrictions 
on the DGN fishery that had been implemented in the emergency 
regulations, but are no longer required under the draft amended NID, 
are not incorporated in this rule. The TRT is continuing to meet and 
discuss recommendations to NMFS for any additional conservation 
measures that would further benefit the stocks in question.
    Information for current NMFS type-approved VMS units can be 
obtained by contacting: NMFS, Office of Law Enforcement (OLE), 1315 
East West Hwy, Suite 3301, Silver Spring, MD 20910-3282; telephone: 
(888) 210-9288; fax: (301) 427-0049. Or, by contacting NMFS OLE VMS 
Helpdesk: telephone: (888) 219-9228; email: ole.helpdesk@noaa.gov. The 
business hours of the VMS Helpdesk are: Monday through Friday, except 
Federal holidays, 7 a.m. to 11 p.m., Eastern Time.
    The vessel owner would be responsible for all costs associated with 
the purchase, installation, and maintenance of the VMS mobile 
transceiver unit (VMS unit), and for all charges levied by the mobile 
communications service provider as necessary to ensure the transmission 
of automatic position reports to NMFS. The unit cost, physical size, 
available features, transmission fees, and service packages vary among 
the different type-approved VMS mobile transceiver units. Vessel owners 
may choose the type-approved VMS unit that best fits their needs. 
Federal funds are currently available for reimbursement of type-
approved VMS units up to $3,100, as determined within the VMS 
Reimbursement Program. The availability of these funds for 
reimbursement for the cost of purchasing a VMS unit is not guaranteed, 
but is anticipated to be available on a first-come first-served basis. 
To be eligible to receive reimbursement, the owner must submit proof of 
professional installation of the VMS unit to NMFS Office of Law 
Enforcement (OLE) in compliance with the requirements of the VMS 
Reimbursement Program. More information on the VMS Reimbursement 
Program can be obtained by calling the NMFS OLE VMS Helpdesk: 
telephone: (888) 219-9228, and online: https://www.psmfc.org/program/vessel-monitoring-system-reimbursement-program-vms?pid=17.
    Prior to fishing, the vessel owner, or the vessel operator on the 
owner's behalf, will be required to send an activation report to NMFS 
OLE to verify that the VMS unit was installed correctly and has been 
activated. Activation of a VMS unit would be required any time the unit 
is installed or reinstalled, any time the mobile communications service 
provider has changed, and any other time directed by NMFS. Activation 
would involve submitting to NMFS a report via mail, facsimile or email 
with information about the vessel, its owner or operator, and the VMS 
unit, as well as receiving confirmation from NMFS that the VMS unit is 
transmitting position reports properly. For issues related to day-to-
day operation of VMS units, including declaration reports, activation 
reports and exemption reports, the (Special Agent-in-Charge's (SAC's) 
designee is the OLE VMS Program Manager's office located at 7600 Sand 
Point Way NE., Seattle, WA 98115-6349; phone: (888) 585-5518; fax: 
(206) 526[hyphen]6528); and email: wcd.vms@noaa.gov.

Classification

    Pursuant to the MSA, the NMFS Assistant Administrator has 
determined that the proposed rule is consistent with the HMS FMP and 
its amendments, other provisions of the MSA, and other applicable law, 
subject to further consideration after public comment.

National Environmental Policy Act

    This action is categorically excluded from the requirement to 
prepare an environmental assessment in accordance with NAO 216-6. A 
memorandum for the file that sets forth the decision to use a 
categorical

[[Page 54952]]

exclusion will be prepared prior to the issuance of a final rule.

Executive Order 12866

Regulatory Flexibility Act (RFA)

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866. The Chief Counsel for Regulation of 
the Department of Commerce certified to the Chief Counsel for Advocacy 
of the Small Business Administration that this proposed rule, if 
adopted, would not have a significant economic impact on a substantial 
number of small entities.
    The proposed rule would apply to the large-mesh drift gillnet (DGN) 
fishery in California. Temporary regulations (78 FR 54548, September 4, 
2013, and 79 FR 29377, May 22, 2014) required owners and operators of 
DGN vessels to install and operate VMS units and to notify NMFS 48 
hours in advance of a fishing trip, for which NMFS may assign an 
observer, during the 2013-2014 fishing season. DGN fishermen complied 
with the temporary provisions for operating VMS units and notifying 
NMFS prior to departure. These temporary regulations expired in August 
of 2014.
    Under the proposed rule, all DGN vessels will be required to 
install and operate VMS units and notify NMFS 48 hours prior to taking 
a fishing trip. The small entities that would be affected by the 
proposed action are all fishing vessels operating as part of the DGN 
fleet. The U.S. Small Business Administration (SBA) defines small 
fishing businesses as vessels with annual revenues of or below $19 
million from finfish fishing; however, this definition changed to $20.5 
million effective on July 14, 2014 following a recent final rule 
published by the SBA on June 12, 2014 (79 FR 33647). The vessels in the 
DGN fleet have never achieved annual revenue of $20.5 million per 
vessel from finfish fishing whether considering an individual vessel or 
per vessel average. The aggregate annual ex-vessel revenues for the 
entire fleet during the last 15 years have been fewer than three 
million dollars. In recent years (2008 through 2013), about 26 DGN 
vessels of 65 current permits (active and latent) have been operating 
annually under the Fishery Management Plan for the U.S. West Coast 
Fisheries for Highly Migratory Species. From 2008 through 2013, the 
average annual per vessel revenue for the DGN fleet from finfish 
fishing has been about $126,000, a number well below a threshold value 
of $20.5 million from finfish fishing to be considered a large business 
per the SBA size definition.
    All of the entities impacted by this proposed rule are considered 
small business entities. All impacted vessels will be affected in a 
similar way and disproportional economic effect between small and large 
businesses will not exist. The VMS units that have been type-approved 
range in cost and service features. This allows the vessel owner 
flexibility in choosing the model that best fits the needs of their 
vessel. Compliance for each of the projected small entities would 
involve the following approximate annualized costs: $1,000 for the 
purchase and installation of VMS units (based on $4,000 per unit and a 
lifespan of 4 years per unit), $250 for VMS unit maintenance, and, 
based on estimated communication costs of about $1.50 per day (based on 
hourly reporting cost of some service providers), $547.50 for VMS unit 
operation (i.e., the transmission of automatic vessel position reports 
to NOAA). Thus, the total compliance cost (during the 4-year lifespan 
of VMS unit) and annualized compliance cost would be about $7,190 and 
$1,797.50 per vessel, respectively. The analysis assumes that vessel 
owners will pay for the required VMS units. However, Federal funds may 
be available for reimbursement of certain costs associated with type-
approved units up to $3,100 (or $775 annualized amount).\1\ The 
recurring financial burden to a fisherman after a subsidy on the VMS 
unit will be about $1,025 annually, or about 0.81 percent of the annual 
average fishing revenue. In the absence of a VMS subsidy, the recurring 
financial burden to a fisherman would be about 1.42 percent of the 
annual average fishing revenue. Based on these figures, none of the DGN 
small business entities will be significantly impacted by the 
provisions in the proposed rule. Further, NMFS concludes that all of 
these small business entities will be affected in similar ways. The 
average revenue of $126,000 per annum during 2008-13 is representative 
of the fishery. While outlier vessel revenue values have ranged from 
about three to five times the average annual per vessel revenue during 
2008-13, variability among the small entities is not very large since 
the mean and standard deviation of the annual revenues among fishermen 
are nearly similar in each year during 2008-13.
---------------------------------------------------------------------------

    \1\ The availability of these funds for reimbursement for the 
cost of purchasing a VMS unit is not guaranteed, but the funds are 
anticipated to be available on a first-come first-served basis.
---------------------------------------------------------------------------

    The financial burden of operating a VMS unit is trivial relative to 
the average annual gross revenue that a DGN fisherman generates from 
fishing. The financial cost to a fisherman, either with the subsidy or 
without, is less than two percent of the annual average fishing 
revenue, which does not constitute a significant impact. In addition, 
the DGN fleet has already been operating under (now-expired) emergency 
rules that required the use of VMS units, so vessel owners are already 
aware of and complying with these requirements.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: September 9, 2014.
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 660 is 
proposed to be amended as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for 50 CFR part 660 continues to read as 
follows:

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

0
2. In Sec.  660.702, the definitions for ``Regional Administrator,'' 
``Special-Agent-In-Charge (SAC),'' and ``Vessel monitoring system unit 
(VMS unit)'' are revised to read as follows:


Sec.  660.702  Definitions.

* * * * *
    Regional Administrator means the Regional Administrator for the 
West Coast Region, National Marine Fisheries Service, or a designee.
    Special Agent-In-Charge (SAC) means the Special Agent-In-Charge, 
NMFS, Office of Enforcement, West Coast Region, or a designee of the 
Special Agent-In-Charge.
* * * * *
    Vessel monitoring system unit (VMS unit) means an automated, remote 
system and mobile transceiver unit that is approved by NMFS and 
provides information about a vessel's identity, location, and activity 
for the purposes of routine monitoring, control, surveillance and 
enforcement of area and time restrictions and other fishery management 
measures.
* * * * *
0
3. In Sec.  660.705, paragraphs (l), (o), and (p) are revised and 
paragraphs (rr) and (ss) are added to read as follows:


Sec.  660.705  Prohibitions.

* * * * *
    (l) Fail to install, activate, repair, replace, carry, operate or 
maintain a

[[Page 54953]]

VMS unit as required under Sec.  660.712 and Sec.  660.713.
* * * * *
    (o) Fish for, catch, or harvest HMS with longline or drift gillnet 
gear without an operating VMS unit on board the vessel after 
installation of the VMS unit.
    (p) Possess on board a vessel without an operating VMS unit HMS 
harvested with longline or drift gillnet gear after installation of the 
VMS unit.
* * * * *
    (rr) Fail to notify NMFS or the NMFS-designated observer provider 
at least 48 hours prior to departure on a fishing trip using drift 
gillnet gear as required under Sec.  660.713.
    (ss) Fail to submit a declaration report to the NMFS Office of Law 
Enforcement prior to departure on a fishing trip using drift gillnet 
gear as required under Sec.  660.713.
0
4. In Sec.  660.713, paragraphs (f) and (g) are added to read as 
follows:


Sec.  660.713  Drift gillnet fishery.

* * * * *
    (f) Pre-trip Notification Requirements. (1) Drift gillnet vessel 
owners or operators are required to notify NMFS or the NMFS designated 
observer provider at least 48 hours prior to departing on each fishing 
trip. The vessel owners or operators must communicate to the observer 
provider: the owner or operator's name, contact information, vessel 
name, port of departure, and estimated date and time of departure, and 
a telephone number at which the owner or operator may be contacted 
during the business day (Monday through Friday between 0800 and 1700 
Pacific Time) to indicate whether an observer will be required on the 
subject fishing trip. Contact information for the current observer 
provider can be obtained by calling the NMFS West Coast Region 
Sustainable Fisheries Division at 562-980-4030.
    (2) The drift gillnet vessel owners or operators must provide the 
NMFS West Coast Region Office of Law Enforcement (OLE) with a 
declaration report before the vessel leaves port to fish for thresher 
shark/swordfish with large-mesh drift gillnet gear in the state and 
federal waters between 0 and 200 nm offshore of California, Oregon, or 
Washington. OLE's declaration hotline is 1-888-585-5518. The business 
hours for the OLE are Monday through Friday, except Federal holidays, 8 
a.m. to 4:30 p.m., Pacific Standard Time; voice messages left on the 
hotline will be retrieved at the start of the next business day.
    (g) Vessel Monitoring System (VMS) Requirements. Drift gillnet 
vessel owners are required to install an OLE type-approved VMS mobile 
transceiver unit (VMS unit) and to arrange for a OLE type-approved 
communications service provider to receive and relay transmissions to 
the OLE prior to fishing for thresher shark/swordfish with large-mesh 
drift gillnet gear.
    (1) What is a VMS? A VMS consists of an OLE type-approved VMS unit 
that automatically determines the vessel's position and transmits it to 
an OLE type-approved communications service provider. The 
communications service provider receives the transmission and relays it 
to the OLE.
    (2) What Vessels are Required to Have a VMS? Any vessel registered 
for use with a limited entry California state large-mesh thresher 
shark/swordfish drift gillnet permit and a federal highly migratory 
species permit that fishes in state or Federal waters off the coasts of 
California, Oregon, or Washington (0-200 nm offshore).
    (3) How are VMS Units and Communications Service Providers Approved 
by OLE?
    (i) VMS unit manufacturers or communication service providers will 
submit products or services to the OLE for evaluation based on the 
published specifications.
    (ii) OLE will publish a list of OLE type-approved VMS units and 
communication service providers for the DGN fishery in the Federal 
Register or notify the public through other appropriate media; and the 
OLE may publish amendments to the list as necessary.
    (4) What are the Vessel Owner's Responsibilities? If you are a 
vessel owner that must participate in the VMS program, you or the 
vessel operator on your behalf must:
    (i) Obtain an OLE type-approved VMS unit and have it installed on 
board your vessel in accordance with the instructions provided by the 
OLE. You may obtain a copy of the VMS installation and operation 
instructions from the Special-Agent-In-Charge (SAC).
    (ii) Activate the VMS unit, submit an activation report, and 
receive confirmation from OLE that the VMS transmissions are being 
received at least 72 hours prior to leaving port on a fishing trip for 
which VMS is required. Instructions for submitting an activation report 
may be obtained from the SAC. An activation report must again be 
submitted to the OLE following reinstallation of a VMS unit or change 
in service provider before the vessel may be used to fish in a fishery 
requiring the VMS.
    (A) Activation reports. If you are a vessel owner who must use VMS 
and you are activating a VMS unit for the first time or reactivating a 
VMS unit following a reinstallation or change in service provider, you 
or the vessel operator on your behalf must fax to the OLE an activation 
report that includes: vessel name, vessel owner's name, address and 
telephone number, vessel operator's name, address and telephone number, 
USCG vessel documentation number/state registration number; and, if 
applicable, the relevant state and federal permit numbers for which 
vessel or owner is registered, VMS unit manufacturer, VMS 
communications service provider, VMS unit identification, and a 
statement signed and dated by the vessel owner confirming compliance 
with the installation procedures provided by the SAC and identifying 
whether the VMS unit is primary or backup.
    (B) Transferring ownership of the VMS unit. Ownership of the VMS 
unit may be transferred from one vessel owner to another vessel owner 
if all of the following documents are provided to the OLE: a new 
activation report, which identifies that the VMS unit was previously 
registered to another vessel, a notarized bill of sale showing proof of 
ownership of the VMS unit, and 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.
    (iii) Continuously operate and maintain the VMS unit in good 
working order, 24 hours a day throughout the fishing year. The VMS unit 
must accurately transmit a signal 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 (g)(4)(iv)(F) of this 
section, has been confirmed by the OLE. Less frequent position 
reporting, at least once every 4 hours, may be authorized by OLE when a 
vessel remains in port for an extended period of time.
    (iv) Submit an exemption report to be confirmed by the OLE as 
valid, as described at paragraph (g)(4)(iv)(F) of this section, and 
comply with all conditions and requirements of the VMS exemption 
identified in this section and specified in the exemption report for a 
vessel to be exempted from the requirement of continuously operating 
and maintaining the VMS unit 24 hours a day throughout the fishing 
year.
    (A) Haul out exemption. When it is anticipated that a vessel will 
be continuously out of the water for more than 7 consecutive days and 
the OLE has confirmed a valid exemption report

[[Page 54954]]

has been received for the vessel, electrical power to the VMS unit may 
be removed and transmissions may be discontinued. Under this exemption, 
VMS transmissions can be discontinued from the time the vessel is 
removed from the water until the time that the vessel is placed back in 
the water.
    (B) Outside areas exemption. When the vessel will be continuously 
operating seaward of the U.S. exclusive economic zone (EEZ; beyond 200 
nm) off the coasts of California, Oregon, or Washington for more than 7 
consecutive days and the OLE has confirmed a valid exemption report has 
been received for the vessel, the VMS unit transmissions may be reduced 
or discontinued from the time the vessel leaves the EEZ off the coasts 
of California, Oregon, or Washington until the time that the vessel re-
enters the EEZ off the coasts of California, Oregon, or Washington. If 
the vessel is equipped with a VMS unit that OLE has approved for this 
exemption and after the OLE has received an exemption report for the 
vessel, the vessel owner or operator can request that the OLE reduce or 
discontinue the VMS transmissions.
    (C) Long-term departure exemption. A vessel participating in the 
DGN fishery that is required to have VMS under paragraph (g) of this 
section may be exempted from VMS provisions after the end of the 
fishing season in which it fished, provided that a completed exemption 
report including a statement signed by the vessel owner indicating that 
the vessel will not be used to take and retain or possess or land 
swordfish taken in state or federal waters off the coasts of 
California, Oregon, or Washington during the upcoming fishing year is 
submitted to OLE.
    (D) Emergency exemption. Vessels required to have VMS under 
paragraph (g) of this section 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 request an 
emergency exemption from the VMS requirements specified in paragraph 
(g) of this section for his/her vessel by contacting the OLE and 
submitting the following information in writing: 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. The OLE 
will issue a written determination granting or denying the emergency 
exemption request. A vessel will not be covered by the emergency 
exemption until the OLE issues a determination granting the exemption. 
If an exemption is granted, the duration of the exemption will be 
specified in the OLE determination.
    (E) Submission of exemption reports. Long-term departure exemption 
reports must be signed by the vessel owner and submitted by fax or by 
emailing an electronic copy of the actual report to the OLE. If an 
emergency exemption request will be submitted, initial contact with OLE 
must be made by telephone, fax or email within 24 hours from when the 
emergency incident occurred. All emergency exemption requests must be 
submitted in writing within 72 hours from when the incident occurred. 
Submission methods for exemption reports, except long-term departures 
and emergency exemption requests, may include email, facsimile, or 
telephone. 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. Owners of vessels required to use the 
VMS who do not receive instructions by mail are responsible for 
contacting OLE during business hours at least 3 days before the 
exemption is needed to obtain information necessary for exemption 
reports. OLE must be contacted during business hours (Monday through 
Friday, except Federal holidays, between 0800 and 1700 Pacific Time). 
Any other categories of exemptions that have not been specified in 
paragraph (g) of this section may be submitted to OLE through the VMS 
unit or another method deemed appropriate by OLE. Before a request for 
a new category of exemption can be approved by OLE, it must be 
announced in the Federal Register.
    (F) Valid exemption reports. For an exemption report to be valid, 
it must be received by OLE at least 2 hours and not more than 24 hours 
before the exempted activities defined at paragraphs (g)(4)(iv)(A) 
through (D) of this section occur and confirmed by OLE. 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; or at least 2 hours before a vessel resumes fishing with 
a large-mesh drift gillnet after a long-term departure exemption. If a 
vessel is required to submit an activation report under paragraph 
(g)(4)(ii) of this section before returning to fish, that report may 
substitute for the exemption cancellation. After an emergency situation 
occurs that disrupts the VMS transmission, initial contact must be made 
with OLE within 24 hours and a written emergency exemption request 
submitted 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 OLE at least 2 hours before the vessel resumes fishing.
    (v) When aware that transmission of automatic position reports has 
been interrupted, or when notified by OLE that automatic position 
reports are not being received, contact OLE and follow the instructions 
provided to you. Such instructions may include, but are not limited to, 
manually communicating the vessel's position to a location designated 
by OLE or returning to port until the VMS unit is operable.
    (vi) After a fishing trip during which interruption of automatic 
position reports has occurred, the vessel's owner or operator must 
replace or repair the VMS unit prior to the vessel's next fishing trip. 
Repair or reinstallation of a VMS unit or installation of a replacement 
unit, including any changes in communications service providers shall 
be in accordance with the instructions provided by OLE.
    (vii) Make the VMS units available for inspection by OLE personnel, 
USCG personnel, state enforcement personnel or any authorized officer.
    (viii) Ensure that the VMS unit is not tampered with, disabled, 
destroyed, operated, or maintained improperly.
    (ix) Pay all charges levied by the communication service provider 
as necessary to ensure continuous operation of the VMS units.
    (5) What is the contact information for the OLE SAC? For issues 
related to day-to-day operation of VMS units, including declaration 
reports, activation reports and exemption reports, the SAC's designee 
is the OLE VMS Program Manager's office located at 7600 Sand Point Way 
NE., Seattle, WA 98115-6349; phone: (888) 585-5518; fax: (206) 
526[hyphen]6528); and email: wcd.vms@noaa.gov.
[FR Doc. 2014-21902 Filed 9-12-14; 8:45 am]
BILLING CODE 3510-22-P
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