Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Omnibus Amendment To Simplify Vessel Baselines, 51754-51757 [2015-21143]
Download as PDF
<![CDATA[
51754
Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations
(3) All CAAF and selected non-CAAF,
as specified in the statement of work,
shall bring to the designated operational
area a copy of the U.S. Centers for
Disease Control and Prevention (CDC)
Form 731, International Certificate of
Vaccination or Prophylaxis as Approved
by the World Health Organization, (also
known as ‘‘shot record’’ or ‘‘Yellow
Card’’) that shows vaccinations are
current.
*
*
*
*
*
[FR Doc. 2015–20875 Filed 8–25–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No: 110907562–5681–03]
RIN 0648–BB40
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Omnibus
Amendment To Simplify Vessel
Baselines
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule announces the
approval of the Omnibus Amendment to
the Fishery Management Plans of the
Northeastern United States and
implements the amendment’s approved
management measures to simplify
vessel baselines. The Baseline
Amendment eliminates the one-time
limit on vessel upgrades and removes
gross and net tonnages from the vessel
baseline specifications that NMFS
considers when determining a vessel’s
baseline for replacement purposes.
Implementing these measures reduces
the administrative burden to permit
holders and NMFS and has little effect
on fleet capacity.
This rule also removes the
requirement for vessels to send in
negative fishing reports (i.e., ‘‘did not
fish’’ reports) during months or weeks
when vessels were inactive. NMFS no
longer needs these reports due to
improved trip-level matching.
Therefore, NMFS removes this
requirement to simplify the regulations
and reduce reporting burdens for the
industry.
rmajette on DSK7SPTVN1PROD with RULES
SUMMARY:
DATES:
Effective August 26, 2015.
VerDate Sep<11>2014
12:34 Aug 25, 2015
Jkt 235001
NMFS developed an
environmental assessment (EA) for this
action that describes the action and
other considered alternatives and
provides a thorough analysis of the
impacts of these measures. Copies of the
Amendment, the EA, and the small
entity compliance guide are available
upon request from John K. Bullard,
Regional Administrator, NMFS, Greater
Atlantic Regional Fisheries Office, 55
Great Republic Drive, Gloucester, MA
01930–2298, or available on the Internet
at: https://
www.greateratlantic.fisheries.noaa.gov/
mediacenter/ongoing/omnibus_
amendment_to_simplify_vessel_
baselines.html.
FOR FURTHER INFORMATION CONTACT:
Travis Ford, Fishery Policy Analyst,
978–281–9233.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Background
The New England and Mid-Atlantic
Fishery Management Councils
submitted the Baseline Amendment to
NMFS for approval at their November
18, 2014, and October 8, 2014, meetings,
respectively. We prepared the
amendment on behalf of the Councils.
We reviewed and finalized the
amendment document to ensure
consistency with the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), the fishery
management plans that have vessel
baseline requirements, and other
applicable laws. NMFS has approved
the Baseline Amendment in its entirety.
Baseline regulations currently require
that a replacement vessel or an upgrade
made to an existing vessel with a
limited access permit be within 10
percent of the size (i.e., length, gross
tonnage, and net tonnage) and 20
percent of the horsepower of the
permit’s baseline vessel. In addition,
regulations limit permit holders to a
one-time upgrade of the vessel size and
horsepower specifications.
This final rule eliminates gross and
net tonnage from the baseline
specifications that NMFS considers
when determining a vessel’s baseline for
replacement purposes. Both the
Councils and NMFS consider tonnages
the most variable of vessel baseline
specifications and; therefore, they have
little effect on limiting vessel capacity
when compared to length and
horsepower restrictions. Eliminating
tonnages simplifies the vessel baseline
verification and replacement process. In
addition, it could reduce the cost
burden on the industry if vessel owners
only need horsepower verification
because eliminating the tonnage
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
baselines will eliminate the need for
owners to get a marine survey of their
vessel prior to any permit replacement
or upgrade transactions.
This final rule removes the one-time
limit on vessel upgrades. Eliminating
the one-time upgrade limit will provide
more flexibility for vessel owners in the
selection of replacement vessels and
upgrades to existing vessels. Eliminating
the one-time limit will also simplify the
baseline verification and vessel
replacement process for vessel owners
and NMFS by eliminating the need to
research and document whether a vessel
owner used the one-time upgrade
during the vessel’s entire limited access
history.
The Baseline Amendment
implemented by this final rule does not
modify any other baseline specifications
or measures.
This final rule also removes the
requirement for vessels to send in
negative fishing reports (i.e., ‘‘did not
fish’’ reports) during months or weeks
when vessels are inactive. This change
in reporting requirements was not part
of the Baseline Amendment. We are
removing this requirement under the
Secretary’s authority at section 305(d) of
the Magnuson-Stevens Act to
promulgate regulations necessary to
carry out Councils’ amendments
consistently with the Act. Eliminating
this requirement simplifies the
regulations and reduces reporting
burdens for the industry. In the past,
these negative fishing reports were
necessary to aid in data matching and
quota monitoring. In recent years, we
updated our monitoring systems at the
Greater Atlantic Regional Fisheries
Office and these negative fishing reports
are no longer necessary. Vessels that
fish will still be required to report all
trips on a monthly or weekly basis,
depending on permits that they retain.
Comments and Responses
NMFS received two comment letters
in response to the proposed rule from
the Atlantic Offshore Lobstermen’s
Association and Lund’s Fisheries
Incorporated. We provide responses
below to the issues these commenters
raised. NMFS may only approve,
disapprove, or partially approve
measures in the Baseline Amendment,
and cannot substantively amend, add, or
delete measures beyond what is
necessary under section 305(d) of the
Magnuson-Stevens Act to discharge its
responsibility to carry out such
measures.
Comment 1: Atlantic Offshore
Lobstermen’s Association was
supportive of this action, but it was
concerned that the changes in the
Baseline Amendment could encourage
E:\FR\FM\26AUR1.SGM
26AUR1
Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations
rmajette on DSK7SPTVN1PROD with RULES
additional requests to liberalize the
vessel upgrading/replacement
regulations. It strongly opposes any
further liberalization of vessel baseline
requirements because it believes it
would result in a large increase in fleet
capacity, which would have negative
impacts on a number of offshore
fisheries.
Response: This action is limited in
scope and will not increase the capacity
of the fleet. Any changes that would
affect fleet capacity must go through
both the MAFMC and the NEFMC.
NMFS encourages the Atlantic Offshore
Lobstermen’s Association and all other
interested parties to participate in the
Council process should the Councils
consider any future changes to vessel
baseline and capacity issues.
Comment 2: Lund’s Fisheries
Incorporated supported the amendment,
but it asked that we clarify that the
baseline specification for fish hold
capacity remains in place.
Response: Currently, Tier 1 or Tier 2
limited access mackerel permits have an
additional baseline specification for fish
hold capacity. This rule does not
remove fish hold capacity from the Tier
1 or Tier 2 limited access mackerel
baseline specifications.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
FMPs, other provisions of the
Magnuson-Stevens Act and other
applicable law.
The Office of Management and Budget
(OMB) has determined that this rule is
not significant according to Executive
Order (E.O.) 12866.
This final rule does not contain
policies with federalism or ‘‘takings’’
implications, as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration at the
proposed rule stage that this rule will
not have a significant economic impact
on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis is not
required and none has been prepared.
This action contains collection-ofinformation requirements subject the
Paperwork Reduction Act (PRA). The
request to remove the collection burden
for vessel gross and net tonnages, vessel
VerDate Sep<11>2014
12:34 Aug 25, 2015
Jkt 235001
upgrades, and did not fish report
requirements were approved by OMB
under the NMFS Greater Atlantic
Region Family of Forms (OMB Control
No. 0648–0202 and 0648–0212).
Removing tonnages from vessel
baselines may simplify or eliminate the
need for a permit holder to hire a naval
architect to determine and document
tonnage if it was not previously
established. NMFS estimates the
resulting average cost savings of as
much as $375 per survey. Removing
tonnages and upgrades may negate the
need for a permit holder to hire a third
party to research the permit’s history
and prepare the replacement
application. Estimates of the costs for
these third party services were not
available, but NMFS estimates that
permit holders spend an average of 3
hours, or $270 in labor costs, preparing
vessel replacement applications.
In 2014, NMFS received 92 vessels
replacement requests for permits that
had baseline requirements for a total
cost of $25,875 and 279 burden hours.
We estimate that the removal of GRT
and NT and the one-time upgrade will
reduce the need for surveys and the
time involved in preparing a vessel
replacement application. We estimate
that this change will reduce the cost
burden on the industry by $12,750 and
139 burden hours per year for a total of
$13,125 and 140 burden hours.
Vessels are no longer required to send
in negative fishing reports (i.e., ‘‘did not
fish’’ reports) during months or weeks
when fishing did not occur. Vessel
owners are still required to report all
fishing trip activity on a monthly or
weekly basis, depending on the
requirements associated with their
vessel permits. The collection of
negative fishing reports is no longer
needed to determine if a vessel has
engaged in fishing activity and
submitted required trip reports due to
improved trip-level data matching and
the expansion of other monitoring
systems (e.g., Vessel Monitoring
Systems).
The relief of burden estimates for
removing this requirement applies to all
federally permitted vessels. In 2014,
NMFS received approximately 78,294
did not fish reports. We estimated
public reporting burden for submitting
these reports to average 2 min per
response with an associated cost of
$0.45. Therefore, the removal of 78,294
did not fish reports reduces total
compliance costs by $35,232, and
reduce reporting burden by 2,609 hr
annually.
The Assistant Administrator for
Fisheries has determined that because
this rule is relieving restrictions, there is
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
51755
good cause, under authority contained
in 5 U.S.C. 553(d)(3), to waive the 30day delay in effectiveness and to make
the Baseline Amendment final measures
upon publication in the Federal
Register.
This rule relieves restrictions by
removing gross tonnage and net tonnage
from vessel baseline specifications,
removing the one-time baseline size and
horsepower upgrade restriction, and
removing the requirement for vessels to
send in negative fishing reports.
Removing gross tonnage and net
tonnage from vessel baseline
specifications and removing the onetime baseline size and horsepower
upgrade restrictions will provide vessel
owners the opportunity to replace their
vessels on a larger number of
compatible vessels. This will give vessel
owners more flexibility while not
increasing the capacity of the fleet.
Removing the requirement to send in
negative fishing reports will eliminate
the burden of sending in weekly or
monthly reports for non-active vessels.
Vessel owners will be able to take
advantage of these changes immediately
upon publication and will not have to
wait for the regulations to become
effective to finalize vessel sales or
upgrades that they may have been
looking into during the final
development of this action and the
proposed rule.
This rule should be implemented
quickly because it relieves these
restrictions and does not add any
measures that require preparation.
Immediately upon its implementation it
will increase flexibility for the fleet and
reduce industry and Federal cost/time
burdens for vessel specification
verifications, vessel replacement, vessel
upgrades, and VTR processing/
reporting.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: August 21, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
E:\FR\FM\26AUR1.SGM
26AUR1
51756
§ 648.2
Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations
[Amended]
2. In § 648.2, remove the definition of
‘‘Substantially similar harvesting
capacity.’’
■ 3. In § 648.4, revise paragraphs
(a)(1)(i)(E)(1), (a)(1)(i)(E)(2),
(a)(1)(i)(F)(1), (a)(1)(i)(F)(2), (a)(1)(i)(H),
(a)(3)(i)(H), (a)(13)(i)(E)(1), (a)(13)(i)(F),
and (a)(13)(i)(H) to read as follows:
■
rmajette on DSK7SPTVN1PROD with RULES
§ 648.4
Vessel permits.
(a) * * *
(1) * * *
(i) * * *
(E) * * *
(1) The replacement vessel’s
horsepower may not exceed the
horsepower of the vessel’s baseline
specifications by more than 20 percent,
as applicable.
(2) The replacement vessel’s length
overall may not exceed the length
overall of the vessel’s baseline
specifications by more than 10 percent,
as applicable.
(F) * * *
(1) The upgraded vessel’s horsepower
may not exceed the horsepower of the
vessel’s baseline specifications by more
than 20 percent, as applicable.
(2) The upgraded vessel’s length
overall may not exceed the vessel’s
baseline length overall by more than 10
percent, as applicable.
*
*
*
*
*
(H) Vessel baseline specifications. The
vessel baseline specifications in this
section are the respective specifications
(length, horsepower) of the vessel that
was initially issued a limited access
permit as of the date the initial vessel
applied for such permit.
*
*
*
*
*
(3) * * *
(i) * * *
(H) Vessel baseline specifications. The
vessel baseline specifications in this
section are the respective specifications
(length, horsepower) of the vessel as of
March 22, 1999, unless the vessel is in
the process of construction or rerigging
or under agreement or written contract
for construction or rerigging, as of the
effective baseline specification date in
which case the baseline specifications
will be established no later than
February 19, 2000.
*
*
*
*
*
(13) * * *
(i) * * *
(E) * * *
(1) To be eligible for a limited access
permit under this section, the
replacement vessel’s length overall may
not exceed the vessel’s baseline length
overall by more than 10 percent. The
replacement vessel must also meet any
VerDate Sep<11>2014
12:34 Aug 25, 2015
Jkt 235001
other applicable criteria under
paragraph (a)(13)(i)(F) of this section.
*
*
*
*
*
(F) Upgraded vessel. A vessel may be
upgraded, whether through refitting or
replacement, and be eligible to retain or
renew a limited access permit, provided
that the new length overall of the
upgraded vessel does exceed the
vessel’s baseline length overall by more
than 10 percent, as applicable.
*
*
*
*
*
(H) Vessel baseline length. The vessel
baseline length in this section is the
overall length of the vessel indicated on
the vessel’s initial limited access permit
as of the date the initial vessel applies
for such permit.
*
*
*
*
*
■ 4. In § 648.7, revise paragraphs
(b)(1)(i) and (f)(2)(i) to read as follows:
§ 648.7 Recordkeeping and reporting
requirements.
*
*
*
*
*
(b) * * *
(1) * * *
(i) The owner or operator of any
vessel issued a valid permit or eligible
to renew a limited access permit under
this part must maintain on board the
vessel, and submit, an accurate fishing
log report for each fishing trip,
regardless of species fished for or taken,
on forms supplied by or approved by
the Regional Administrator. If
authorized in writing by the Regional
Administrator, a vessel owner or
operator may submit reports
electronically, for example by using a
VMS or other media. With the exception
of those vessel owners or operators
fishing under a surfclam or ocean
quahog permit, at least the following
information and any other information
required by the Regional Administrator
must be provided: Vessel name; USCG
documentation number (or state
registration number, if undocumented);
permit number; date/time sailed; date/
time landed; trip type; number of crew;
number of anglers (if a charter or party
boat); gear fished; quantity and size of
gear; mesh/ring size; chart area fished;
average depth; latitude/longitude (or
loran station and bearings); total hauls
per area fished; average tow time
duration; hail weight, in pounds (or
count of individual fish, if a party or
charter vessel), by species, of all species,
or parts of species, such as monkfish
livers, landed or discarded; and, in the
case of skate discards, ‘‘small’’ (i.e., less
than 23 inches (58.42 cm), total length)
or ‘‘large’’ (i.e., 23 inches (58.42 cm) or
greater, total length) skates; dealer
permit number; dealer name; date sold,
port and state landed; and vessel
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
operator’s name, signature, and
operator’s permit number (if applicable).
*
*
*
*
*
(f) * * *
(2) * * *
(i) For any vessel not issued a NE
multispecies; Atlantic herring permit; or
any Atlantic mackerel, longfin squid,
Illex squid, or butterfish permit; fishing
vessel log reports, required by paragraph
(b)(1)(i) of this section, must be
postmarked or received by NMFS
within 15 days after the end of the
reporting month. For any vessel issued
a NE multispecies permit; Atlantic
herring permit; or any Atlantic
mackerel, longfin squid, Illex squid, or
butterfish permit; fishing vessel log
reports must be postmarked or received
by midnight of the first Tuesday
following the end of the reporting week.
For the purposes of this paragraph
(f)(2)(i), the date when fish are offloaded
will establish the reporting week or
month the VTR must be submitted to
NMFS, as appropriate.
*
*
*
*
*
■ 5. In § 648.14, revise paragraphs (b)(4)
and (k)(2)(i) to read as follows:
§ 648.14
Prohibitions.
*
*
*
*
*
(b) * * *
(4) Fish for, possess, or land species
regulated under this part with or from
a vessel that is issued a limited access
or moratorium permit under § 648.4(a)
and that has had the horsepower or
length overall of such vessel or its
replacement upgraded or increased in
excess of the limitations specified in
§ 648.4(a)(1)(i)(E) and (F).
*
*
*
*
*
(k) * * *
(2) * * *
(i) Fish for, possess, or land NE
multispecies with or from a vessel that
has had the length overall of such
vessel, or its replacement, increased or
upgraded in excess of limitations
specified in § 648.4(a)(1)(i)(E) and (F).
*
*
*
*
*
■ 6. In § 648.82, revise paragraphs
(l)(1)(ii) and (l)(1)(iii) to read as follows:
§ 648.82 Effort-control program for NE
multispecies limited access vessels.
*
*
*
*
*
(l) * * *
(1) * * *
(ii) NE multispecies DAS may be
transferred only to a vessel with a
baseline main engine horsepower rating
that is no more than 20 percent greater
than the baseline engine horsepower of
the transferor vessel. NE multispecies
DAS may be transferred only to a vessel
with a baseline length overall that is no
E:\FR\FM\26AUR1.SGM
26AUR1
Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations
more than 10 percent greater than the
baseline length overall of the transferor
vessel. For the purposes of this program,
the baseline horsepower and length
overall are those associated with the
permit as of January 29, 2004. Upon
approval of the transfer, the baseline of
the transferee vessel would be the
smaller baseline of the two vessels or
the vessel owner could choose to adopt
the larger baseline of the two vessels
provided such an upgrade is consistent
with provisions of this paragraph
(l)(1)(ii). A vessel that has executed a
one-time downgrade of a DAS Leasing
Program baseline in accordance with
paragraph (k)(4)(xi) of this section is
subject to the restrictions of paragraph
(k)(4)(xi)(C) of this section.
(iii) The transferor vessel must
transfer all of its Federal limited access
permits for which it is eligible to the
transferee vessel in accordance with the
vessel replacement restrictions under
§ 648.4, or permanently cancel such
permits. When duplicate permits exist,
i.e., those permits for which both the
transferor and transferee vessel are
eligible, one of the duplicate permits
must be permanently cancelled.
*
*
*
*
*
[FR Doc. 2015–21143 Filed 8–25–15; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 141021887–5172–02]
RIN 0648–XE139
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amount of Pacific cod
from vessels using jig gear and catcher
vessels greater than or equal to 60 feet
(18.3 meters) length overall (LOA) using
hook-and-line gear to catcher vessels
less than 60 feet (18.3 meters) LOA
using hook-and-line or pot gear in the
Bering Sea and Aleutian Islands
management area. This action is
necessary to allow the 2015 total
allowable catch of Pacific cod to be
harvested.
rmajette on DSK7SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
12:34 Aug 25, 2015
Jkt 235001
Effective August 21, 2015
through 2400 hours, Alaska local time
(A.l.t.), December 31, 2015.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
Bering Sea and Aleutian Islands (BSAI)
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2015 Pacific cod total allowable
catch (TAC) specified for vessels using
jig gear in the BSAI is 1,418 metric tons
(mt) as established by the final 2015 and
2016 harvest specifications for
groundfish in the BSAI (80 FR 11919,
March 5, 2015) and one inseason
adjustment (80 FR 3496, January 23,
2015).
The Administrator, Alaska Region,
NMFS, (Regional Administrator) has
determined that jig vessels will not be
able to harvest 1,318 mt of the
remaining 2015 Pacific cod TAC
allocated to those vessels under
§ 679.20(a)(7)(ii)(A)(1). Therefore, in
accordance with § 679.20(a)(7)(iii)(A),
NMFS apportions 1,318 mt of Pacific
cod to the annual amount specified for
catcher vessels less than 60 feet LOA
using hook-and-line or pot gear.
The 2015 Pacific cod TAC specified
for catcher vessels greater than or equal
to 60 feet LOA using hook-and-line gear
in the BSAI is 444 mt as established by
the final 2015 and 2016 harvest
specifications for groundfish in the
BSAI (80 FR 11919, March 5, 2015). The
Regional Administrator has determined
that catcher vessels greater than or equal
to 60 feet LOA using hook-and-line gear
will not be able to harvest 424 mt of the
remaining 2015 Pacific cod TAC
allocated to those vessels under
§ 679.20(a)(7)(ii)(A)(3). Therefore, in
accordance with § 679.20(a)(7)(iii)(A),
NMFS apportions 424 mt of Pacific cod
to catcher vessels less than 60 feet LOA
using hook-and-line or pot gear.
The harvest specifications for Pacific
cod included in the final 2015 harvest
specifications for groundfish in the
BSAI (80 FR 11919, March 5, 2015) and
inseason adjustment (80 FR 3496,
January 23, 2015) are revised as follows:
100 mt for vessels using jig gear, 20 mt
for catcher vessels greater than or equal
to 60 feet LOA using hook-and-line gear,
and 7,880 mt to catcher vessels less than
DATES:
PO 00000
Frm 00035
Fmt 4700
Sfmt 9990
51757
60 feet LOA using hook-and-line or pot
gear.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the reallocation of Pacific cod
specified from other sectors to catcher
vessels less than 60 feet LOA using
hook-and-line or pot gear. Since the
fishery is currently open, it is important
to immediately inform the industry as to
the revised allocations. Immediate
notification is necessary to allow for the
orderly conduct and efficient operation
of this fishery, to allow the industry to
plan for the fishing season, and to avoid
potential disruption to the fishing fleet
as well as processors. NMFS was unable
to publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of August 20, 2015.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 21, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2015–21137 Filed 8–21–15; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\26AUR1.SGM
26AUR1
]]>Agencies
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Rules and Regulations]
[Pages 51754-51757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21143]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No: 110907562-5681-03]
RIN 0648-BB40
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Omnibus
Amendment To Simplify Vessel Baselines
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule announces the approval of the Omnibus
Amendment to the Fishery Management Plans of the Northeastern United
States and implements the amendment's approved management measures to
simplify vessel baselines. The Baseline Amendment eliminates the one-
time limit on vessel upgrades and removes gross and net tonnages from
the vessel baseline specifications that NMFS considers when determining
a vessel's baseline for replacement purposes. Implementing these
measures reduces the administrative burden to permit holders and NMFS
and has little effect on fleet capacity.
This rule also removes the requirement for vessels to send in
negative fishing reports (i.e., ``did not fish'' reports) during months
or weeks when vessels were inactive. NMFS no longer needs these reports
due to improved trip-level matching. Therefore, NMFS removes this
requirement to simplify the regulations and reduce reporting burdens
for the industry.
DATES: Effective August 26, 2015.
ADDRESSES: NMFS developed an environmental assessment (EA) for this
action that describes the action and other considered alternatives and
provides a thorough analysis of the impacts of these measures. Copies
of the Amendment, the EA, and the small entity compliance guide are
available upon request from John K. Bullard, Regional Administrator,
NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic
Drive, Gloucester, MA 01930-2298, or available on the Internet at:
https://www.greateratlantic.fisheries.noaa.gov/mediacenter/ongoing/omnibus_amendment_to_simplify_vessel_baselines.html.
FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst,
978-281-9233.
SUPPLEMENTARY INFORMATION:
Background
The New England and Mid-Atlantic Fishery Management Councils
submitted the Baseline Amendment to NMFS for approval at their November
18, 2014, and October 8, 2014, meetings, respectively. We prepared the
amendment on behalf of the Councils. We reviewed and finalized the
amendment document to ensure consistency with the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), the
fishery management plans that have vessel baseline requirements, and
other applicable laws. NMFS has approved the Baseline Amendment in its
entirety.
Baseline regulations currently require that a replacement vessel or
an upgrade made to an existing vessel with a limited access permit be
within 10 percent of the size (i.e., length, gross tonnage, and net
tonnage) and 20 percent of the horsepower of the permit's baseline
vessel. In addition, regulations limit permit holders to a one-time
upgrade of the vessel size and horsepower specifications.
This final rule eliminates gross and net tonnage from the baseline
specifications that NMFS considers when determining a vessel's baseline
for replacement purposes. Both the Councils and NMFS consider tonnages
the most variable of vessel baseline specifications and; therefore,
they have little effect on limiting vessel capacity when compared to
length and horsepower restrictions. Eliminating tonnages simplifies the
vessel baseline verification and replacement process. In addition, it
could reduce the cost burden on the industry if vessel owners only need
horsepower verification because eliminating the tonnage baselines will
eliminate the need for owners to get a marine survey of their vessel
prior to any permit replacement or upgrade transactions.
This final rule removes the one-time limit on vessel upgrades.
Eliminating the one-time upgrade limit will provide more flexibility
for vessel owners in the selection of replacement vessels and upgrades
to existing vessels. Eliminating the one-time limit will also simplify
the baseline verification and vessel replacement process for vessel
owners and NMFS by eliminating the need to research and document
whether a vessel owner used the one-time upgrade during the vessel's
entire limited access history.
The Baseline Amendment implemented by this final rule does not
modify any other baseline specifications or measures.
This final rule also removes the requirement for vessels to send in
negative fishing reports (i.e., ``did not fish'' reports) during months
or weeks when vessels are inactive. This change in reporting
requirements was not part of the Baseline Amendment. We are removing
this requirement under the Secretary's authority at section 305(d) of
the Magnuson-Stevens Act to promulgate regulations necessary to carry
out Councils' amendments consistently with the Act. Eliminating this
requirement simplifies the regulations and reduces reporting burdens
for the industry. In the past, these negative fishing reports were
necessary to aid in data matching and quota monitoring. In recent
years, we updated our monitoring systems at the Greater Atlantic
Regional Fisheries Office and these negative fishing reports are no
longer necessary. Vessels that fish will still be required to report
all trips on a monthly or weekly basis, depending on permits that they
retain.
Comments and Responses
NMFS received two comment letters in response to the proposed rule
from the Atlantic Offshore Lobstermen's Association and Lund's
Fisheries Incorporated. We provide responses below to the issues these
commenters raised. NMFS may only approve, disapprove, or partially
approve measures in the Baseline Amendment, and cannot substantively
amend, add, or delete measures beyond what is necessary under section
305(d) of the Magnuson-Stevens Act to discharge its responsibility to
carry out such measures.
Comment 1: Atlantic Offshore Lobstermen's Association was
supportive of this action, but it was concerned that the changes in the
Baseline Amendment could encourage
[[Page 51755]]
additional requests to liberalize the vessel upgrading/replacement
regulations. It strongly opposes any further liberalization of vessel
baseline requirements because it believes it would result in a large
increase in fleet capacity, which would have negative impacts on a
number of offshore fisheries.
Response: This action is limited in scope and will not increase the
capacity of the fleet. Any changes that would affect fleet capacity
must go through both the MAFMC and the NEFMC. NMFS encourages the
Atlantic Offshore Lobstermen's Association and all other interested
parties to participate in the Council process should the Councils
consider any future changes to vessel baseline and capacity issues.
Comment 2: Lund's Fisheries Incorporated supported the amendment,
but it asked that we clarify that the baseline specification for fish
hold capacity remains in place.
Response: Currently, Tier 1 or Tier 2 limited access mackerel
permits have an additional baseline specification for fish hold
capacity. This rule does not remove fish hold capacity from the Tier 1
or Tier 2 limited access mackerel baseline specifications.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the FMPs, other provisions of the Magnuson-Stevens Act
and other applicable law.
The Office of Management and Budget (OMB) has determined that this
rule is not significant according to Executive Order (E.O.) 12866.
This final rule does not contain policies with federalism or
``takings'' implications, as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration at the proposed rule stage that this rule will not have
a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis is not required and none has been prepared.
This action contains collection-of-information requirements subject
the Paperwork Reduction Act (PRA). The request to remove the collection
burden for vessel gross and net tonnages, vessel upgrades, and did not
fish report requirements were approved by OMB under the NMFS Greater
Atlantic Region Family of Forms (OMB Control No. 0648-0202 and 0648-
0212).
Removing tonnages from vessel baselines may simplify or eliminate
the need for a permit holder to hire a naval architect to determine and
document tonnage if it was not previously established. NMFS estimates
the resulting average cost savings of as much as $375 per survey.
Removing tonnages and upgrades may negate the need for a permit holder
to hire a third party to research the permit's history and prepare the
replacement application. Estimates of the costs for these third party
services were not available, but NMFS estimates that permit holders
spend an average of 3 hours, or $270 in labor costs, preparing vessel
replacement applications.
In 2014, NMFS received 92 vessels replacement requests for permits
that had baseline requirements for a total cost of $25,875 and 279
burden hours. We estimate that the removal of GRT and NT and the one-
time upgrade will reduce the need for surveys and the time involved in
preparing a vessel replacement application. We estimate that this
change will reduce the cost burden on the industry by $12,750 and 139
burden hours per year for a total of $13,125 and 140 burden hours.
Vessels are no longer required to send in negative fishing reports
(i.e., ``did not fish'' reports) during months or weeks when fishing
did not occur. Vessel owners are still required to report all fishing
trip activity on a monthly or weekly basis, depending on the
requirements associated with their vessel permits. The collection of
negative fishing reports is no longer needed to determine if a vessel
has engaged in fishing activity and submitted required trip reports due
to improved trip-level data matching and the expansion of other
monitoring systems (e.g., Vessel Monitoring Systems).
The relief of burden estimates for removing this requirement
applies to all federally permitted vessels. In 2014, NMFS received
approximately 78,294 did not fish reports. We estimated public
reporting burden for submitting these reports to average 2 min per
response with an associated cost of $0.45. Therefore, the removal of
78,294 did not fish reports reduces total compliance costs by $35,232,
and reduce reporting burden by 2,609 hr annually.
The Assistant Administrator for Fisheries has determined that
because this rule is relieving restrictions, there is good cause, under
authority contained in 5 U.S.C. 553(d)(3), to waive the 30-day delay in
effectiveness and to make the Baseline Amendment final measures upon
publication in the Federal Register.
This rule relieves restrictions by removing gross tonnage and net
tonnage from vessel baseline specifications, removing the one-time
baseline size and horsepower upgrade restriction, and removing the
requirement for vessels to send in negative fishing reports. Removing
gross tonnage and net tonnage from vessel baseline specifications and
removing the one-time baseline size and horsepower upgrade restrictions
will provide vessel owners the opportunity to replace their vessels on
a larger number of compatible vessels. This will give vessel owners
more flexibility while not increasing the capacity of the fleet.
Removing the requirement to send in negative fishing reports will
eliminate the burden of sending in weekly or monthly reports for non-
active vessels. Vessel owners will be able to take advantage of these
changes immediately upon publication and will not have to wait for the
regulations to become effective to finalize vessel sales or upgrades
that they may have been looking into during the final development of
this action and the proposed rule.
This rule should be implemented quickly because it relieves these
restrictions and does not add any measures that require preparation.
Immediately upon its implementation it will increase flexibility for
the fleet and reduce industry and Federal cost/time burdens for vessel
specification verifications, vessel replacement, vessel upgrades, and
VTR processing/reporting.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: August 21, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
[[Page 51756]]
Sec. 648.2 [Amended]
0
2. In Sec. 648.2, remove the definition of ``Substantially similar
harvesting capacity.''
0
3. In Sec. 648.4, revise paragraphs (a)(1)(i)(E)(1), (a)(1)(i)(E)(2),
(a)(1)(i)(F)(1), (a)(1)(i)(F)(2), (a)(1)(i)(H), (a)(3)(i)(H),
(a)(13)(i)(E)(1), (a)(13)(i)(F), and (a)(13)(i)(H) to read as follows:
Sec. 648.4 Vessel permits.
(a) * * *
(1) * * *
(i) * * *
(E) * * *
(1) The replacement vessel's horsepower may not exceed the
horsepower of the vessel's baseline specifications by more than 20
percent, as applicable.
(2) The replacement vessel's length overall may not exceed the
length overall of the vessel's baseline specifications by more than 10
percent, as applicable.
(F) * * *
(1) The upgraded vessel's horsepower may not exceed the horsepower
of the vessel's baseline specifications by more than 20 percent, as
applicable.
(2) The upgraded vessel's length overall may not exceed the
vessel's baseline length overall by more than 10 percent, as
applicable.
* * * * *
(H) Vessel baseline specifications. The vessel baseline
specifications in this section are the respective specifications
(length, horsepower) of the vessel that was initially issued a limited
access permit as of the date the initial vessel applied for such
permit.
* * * * *
(3) * * *
(i) * * *
(H) Vessel baseline specifications. The vessel baseline
specifications in this section are the respective specifications
(length, horsepower) of the vessel as of March 22, 1999, unless the
vessel is in the process of construction or rerigging or under
agreement or written contract for construction or rerigging, as of the
effective baseline specification date in which case the baseline
specifications will be established no later than February 19, 2000.
* * * * *
(13) * * *
(i) * * *
(E) * * *
(1) To be eligible for a limited access permit under this section,
the replacement vessel's length overall may not exceed the vessel's
baseline length overall by more than 10 percent. The replacement vessel
must also meet any other applicable criteria under paragraph
(a)(13)(i)(F) of this section.
* * * * *
(F) Upgraded vessel. A vessel may be upgraded, whether through
refitting or replacement, and be eligible to retain or renew a limited
access permit, provided that the new length overall of the upgraded
vessel does exceed the vessel's baseline length overall by more than 10
percent, as applicable.
* * * * *
(H) Vessel baseline length. The vessel baseline length in this
section is the overall length of the vessel indicated on the vessel's
initial limited access permit as of the date the initial vessel applies
for such permit.
* * * * *
0
4. In Sec. 648.7, revise paragraphs (b)(1)(i) and (f)(2)(i) to read as
follows:
Sec. 648.7 Recordkeeping and reporting requirements.
* * * * *
(b) * * *
(1) * * *
(i) The owner or operator of any vessel issued a valid permit or
eligible to renew a limited access permit under this part must maintain
on board the vessel, and submit, an accurate fishing log report for
each fishing trip, regardless of species fished for or taken, on forms
supplied by or approved by the Regional Administrator. If authorized in
writing by the Regional Administrator, a vessel owner or operator may
submit reports electronically, for example by using a VMS or other
media. With the exception of those vessel owners or operators fishing
under a surfclam or ocean quahog permit, at least the following
information and any other information required by the Regional
Administrator must be provided: Vessel name; USCG documentation number
(or state registration number, if undocumented); permit number; date/
time sailed; date/time landed; trip type; number of crew; number of
anglers (if a charter or party boat); gear fished; quantity and size of
gear; mesh/ring size; chart area fished; average depth; latitude/
longitude (or loran station and bearings); total hauls per area fished;
average tow time duration; hail weight, in pounds (or count of
individual fish, if a party or charter vessel), by species, of all
species, or parts of species, such as monkfish livers, landed or
discarded; and, in the case of skate discards, ``small'' (i.e., less
than 23 inches (58.42 cm), total length) or ``large'' (i.e., 23 inches
(58.42 cm) or greater, total length) skates; dealer permit number;
dealer name; date sold, port and state landed; and vessel operator's
name, signature, and operator's permit number (if applicable).
* * * * *
(f) * * *
(2) * * *
(i) For any vessel not issued a NE multispecies; Atlantic herring
permit; or any Atlantic mackerel, longfin squid, Illex squid, or
butterfish permit; fishing vessel log reports, required by paragraph
(b)(1)(i) of this section, must be postmarked or received by NMFS
within 15 days after the end of the reporting month. For any vessel
issued a NE multispecies permit; Atlantic herring permit; or any
Atlantic mackerel, longfin squid, Illex squid, or butterfish permit;
fishing vessel log reports must be postmarked or received by midnight
of the first Tuesday following the end of the reporting week. For the
purposes of this paragraph (f)(2)(i), the date when fish are offloaded
will establish the reporting week or month the VTR must be submitted to
NMFS, as appropriate.
* * * * *
0
5. In Sec. 648.14, revise paragraphs (b)(4) and (k)(2)(i) to read as
follows:
Sec. 648.14 Prohibitions.
* * * * *
(b) * * *
(4) Fish for, possess, or land species regulated under this part
with or from a vessel that is issued a limited access or moratorium
permit under Sec. 648.4(a) and that has had the horsepower or length
overall of such vessel or its replacement upgraded or increased in
excess of the limitations specified in Sec. 648.4(a)(1)(i)(E) and (F).
* * * * *
(k) * * *
(2) * * *
(i) Fish for, possess, or land NE multispecies with or from a
vessel that has had the length overall of such vessel, or its
replacement, increased or upgraded in excess of limitations specified
in Sec. 648.4(a)(1)(i)(E) and (F).
* * * * *
0
6. In Sec. 648.82, revise paragraphs (l)(1)(ii) and (l)(1)(iii) to
read as follows:
Sec. 648.82 Effort-control program for NE multispecies limited access
vessels.
* * * * *
(l) * * *
(1) * * *
(ii) NE multispecies DAS may be transferred only to a vessel with a
baseline main engine horsepower rating that is no more than 20 percent
greater than the baseline engine horsepower of the transferor vessel.
NE multispecies DAS may be transferred only to a vessel with a baseline
length overall that is no
[[Page 51757]]
more than 10 percent greater than the baseline length overall of the
transferor vessel. For the purposes of this program, the baseline
horsepower and length overall are those associated with the permit as
of January 29, 2004. Upon approval of the transfer, the baseline of the
transferee vessel would be the smaller baseline of the two vessels or
the vessel owner could choose to adopt the larger baseline of the two
vessels provided such an upgrade is consistent with provisions of this
paragraph (l)(1)(ii). A vessel that has executed a one-time downgrade
of a DAS Leasing Program baseline in accordance with paragraph
(k)(4)(xi) of this section is subject to the restrictions of paragraph
(k)(4)(xi)(C) of this section.
(iii) The transferor vessel must transfer all of its Federal
limited access permits for which it is eligible to the transferee
vessel in accordance with the vessel replacement restrictions under
Sec. 648.4, or permanently cancel such permits. When duplicate permits
exist, i.e., those permits for which both the transferor and transferee
vessel are eligible, one of the duplicate permits must be permanently
cancelled.
* * * * *
[FR Doc. 2015-21143 Filed 8-25-15; 8:45 am]
BILLING CODE 3510-22-P
