Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States, 71575-71577 [2020-24921]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 85, Number 218 (Tuesday, November 10, 2020)]
[Rules and Regulations]
[Pages 71575-71577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24921]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 201103-0287]
RIN 0648-BI15


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States

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

ACTION: Final rule.

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SUMMARY: This rule announces the approval of, and regulations to 
implement, an action to require commercially permitted vessels in both 
the New England and Mid-Atlantic Fishery Management Council regions to 
submit vessel trip reports electronically within 48 hours of the end of 
a trip. This action will also require for-hire vessels with permits for 
species managed by the New England Fishery Management Council to submit 
vessel trip reports electronically within 48 hours of the end of a 
trip. Document retention requirements will be removed with this action. 
This action is intended to increase data quality and timeliness of 
vessel trip reports.

DATES: This rule is effective November 10, 2021.

ADDRESSES: Copies of the Joint Omnibus Electronic Vessel Trip Reporting 
Framework Adjustment prepared by the Mid-Atlantic and New England 
Fishery Management Council in support of this action are available from 
Dr. Christopher Moore, Executive Director, Mid-Atlantic Fishery 
Management Council, 800 North Street, Suite 201, Dover, DE 19901. The 
supporting documents are also accessible via the internet at: https://www.mafmc.org/actions/commercial-evtr-framework, https://www.nefmc.org/library/omnibus-commercial-evtr-framework, or https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Moira Kelly, Senior Fishery Program 
Specialist, phone: 978-281-9218; email: [email protected].

SUPPLEMENTARY INFORMATION: Currently, commercial vessels are required 
to submit vessel trip reports (VTR) either on paper or electronically 
following each trip. Several fishery management plans require weekly 
submission of commercial vessel trip reports; others require monthly 
submission. Vessels issued a for-hire permit for a Mid-Atlantic Council 
fishery are required to submit vessel trip reports electronically 
within 48 hours of the end of a fishing trip (September 11, 2017; 82 FR 
42610). Vessels issued a for-hire permit for a New England Council 
fishery are subject to the same requirements as that FMP's commercial 
permit.
    A detailed summary of the development of this action can be found 
in the supporting documentation (see ADDRESSES) and the proposed rule 
(July 17, 2020; 85 FR 43528).

Approved Measures

    With this action, vessels issued a commercial or for-hire permit 
for all Mid-Atlantic and New England Council-managed fisheries will be 
required to submit vessel trip reports electronically within 48 hours 
of the end of a fishing trip. This action is applicable to all 
commercial and for-hire permits issued pursuant to the following 
Fishery Management Plans: Atlantic Herring; Atlantic Mackerel, Squid, 
Butterfish; Northeast Multispecies; Surfclam and Ocean Quahog; Atlantic 
Bluefish; Atlantic Deep-Sea Red Crab; Atlantic Sea Scallop; Summer 
Flounder, Scup, Black Sea Bass; Monkfish; Northeast Skate Complex; 
Spiny Dogfish; and Tilefish. This requirement does not apply to vessels 
issued only a Federal lobster permit or to federally permitted private 
recreational tilefish vessels (July 16, 2020; 85 FR 43149).
    In addition to the method and submission timeframe changes, 
document retention requirements that are no longer necessary with 
electronic reporting will be removed. Specifically, the requirement to 
retain copies of the previously submitted vessel trip reports on board 
the vessel will no longer be applicable. Owners will have access to 
trip reports submitted electronically on the device from which they 
were submitted and on the Fish Online website.
    There are no other changes to the vessel trip reporting 
requirements, including the requirement that vessel operators are 
obligated to fill out the vessel trip report with all information 
ascertainable prior to entering port.

Implementation

Electronic Vessel Trip Reporting Systems

    There are several applications available to vessel owners for 
electronic vessel trip reporting. Information about approved 
application platforms are available on our website (https://
www.fisheries.noaa.gov/new-england-

[[Page 71576]]

mid-atlantic/resources-fishing/vessel-trip-reporting-greater-atlantic-
region#electronic-vessel-trip-reporting). Vessel owners and operators 
should determine which application is appropriate for their vessel and 
operations.

Training and Implementation Timing

    In order to ensure adequate time for all vessel owners to 
transition to electronic vessel trip reporting systems, there will be 
several training opportunities available prior to the delayed 
implementation date (see DATES). Training opportunities and recordings 
will be available on the Mid-Atlantic Council's website (https://www.mafmc.org/commercial-evtr).

Comments and Responses

    Four comments were received during the public comment period. One 
comment was unrelated to the proposed action and is not considered 
further.
    Comment: Two comments were received from for-hire vessel operators 
in the mid-Atlantic suggesting that 48 hours was an insufficient amount 
of time for operators to submit vessel trip reports following the end 
of a trip. In addition, these comments suggested that the reports were 
redundant, difficult to fill out, and that filling out the report at 
sea was unsafe.
    Response: For-hire vessel operators with Mid-Atlantic Council-
managed permits have been required to submit vessel trip reports 
electronically within 48 hours of the end of a trip since March 2018. 
Since then, the majority of these reports (70 percent) have been 
submitted within 1 day, with nearly 80 percent of reports submitted 
within the required 48 hours. The requirement to have vessel trip 
reports filled out with all information that is ascertainable prior to 
entering port is a long-standing requirement and is not being changed 
in this action. Finally, many of the electronic reporting applications 
use favorites, frequently used responses, auto-population, and drop-
down features to streamline reporting and minimize the number of fields 
that need to be individually key-punched. Vessel operators should 
review all available applications to determine which is easiest for 
them to use.
    Comment: A comment was received from the Atlantic Offshore 
Lobstermen's Association supporting the shift to electronic reporting 
and encouraging ample outreach and training opportunities prior to the 
rule becoming effective. The Association also recommends that 
electronic reporting should not require expensive software or 
additional hardware that vessel owners are required to obtain.
    Response: As noted above, we intend to offer many training 
opportunities and have delayed implementation of the requirements until 
November 10, 2021. In addition, most approved electronic reporting 
applications can be used on a mobile phone or a variety of tablets 
(both iOS and Android options are available). As such, vessel owners 
will likely be able to download their desired application onto a device 
that they already own.

Classification

    NMFS is issuing this rule pursuant to section 304(b)(1)(A) of the 
Magnuson-Stevens Act, which provides specific authority for 
implementing this action. Section 304(b)(1)(A) authorizes NMFS to issue 
regulations to implement approved Council recommendations. NMFS is 
extending the requirements of this action to vessels issued for-hire 
permits for New England Council fisheries pursuant to 305(d) of the 
Magnuson-Stevens Act. This action is necessary to carry out the 
intention of the Councils to make reporting requirements across all 
fishery management plans and sectors consistent and to minimize 
confusion among industry stakeholders. The NMFS Assistant Administrator 
has determined that this final rule is consistent with the Joint 
Omnibus Electronic Vessel Trip Reporting Framework Adjustment; the 
Fishery Management Plans for (1) Atlantic herring, (2) Mackerel, Squid, 
Butterfish, (3) Northeast Multispecies, (4) Surfclam and Ocean Quahog, 
(5) Atlantic Bluefish, (6) Atlantic Deep-Sea Red Crab, (7) Atlantic Sea 
Scallop, (8) Summer Flounder, Scup, Black Sea Bass, (9) Monkfish, (10) 
Northeast Skate Complex, (11) Spiny Dogfish, and (12) Tilefish; other 
provisions of the Magnuson-Stevens Act; and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866. This final rule is considered 
an Executive Order 13771 deregulatory action.
    This proposed 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 during the proposed rule stage that this action would 
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 was not required and none was prepared.
    This final rule does not contain a change to a collection of 
information requirement for purposes of the Paperwork Reduction Act of 
1995. The existing collection of information requirements would 
continue to apply under the following OMB Control Number(s): 0648-0202, 
Greater Atlantic Region Permit Family of Forms.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping, and reporting requirements.

    Dated: November 3, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons stated 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.


0
2. In Sec.  648.7, revise paragraphs (b)(1), (c), and (d), remove and 
reserve paragraph (e)(2), and revise paragraph (f)(2) to read as 
follows:


Sec.  648.7   Recordkeeping and reporting requirements.

* * * * *
    (b) * * *
    (1) Fishing Vessel Trip Reports. 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, by electronic means. This report must be 
entered into and submitted through a software application approved by 
NMFS. The reporting requirements specified in paragraph (b)(1)(i) of 
this section for an owner or operator of a vessel fishing for, 
possessing, or landing Atlantic chub mackerel are effective through 
December 31, 2020.
    (i) Vessel owners or operators. With the exception of those vessel 
owners or operators fishing under a surfclam or ocean quahog permit, at 
least the following information as applicable and any other information 
required by the Regional Administrator must be provided:

[[Page 71577]]

    (A) Vessel name;
    (B) USCG documentation number (or state registration number, if 
undocumented);
    (C) Permit number;
    (D) Date/time sailed;
    (E) Date/time landed;
    (F) Trip type;
    (G) Number of crew;
    (H) Number of anglers (if a charter or party boat);
    (I) Gear fished;
    (J) Quantity and size of gear;
    (K) Mesh/ring size;
    (L) Chart area fished;
    (M) Average depth;
    (N) Latitude/longitude;
    (O) Total hauls per area fished;
    (P) Average tow time duration;
    (Q) 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;
    (R) Dealer permit number;
    (S) Dealer name;
    (T) Date sold, port and state landed; and
    (U) Vessel operator's name, signature, and operator's permit number 
(if applicable).
    (ii) Atlantic mackerel owners or operators. The owner or operator 
of a vessel issued a limited access Atlantic mackerel permit must 
report catch (retained and discarded) of Atlantic mackerel daily via 
VMS, unless exempted by the Regional Administrator. The report must 
include at least the following information, and any other information 
required by the Regional Administrator: Fishing Vessel Trip Report 
serial number; month, day, and year Atlantic mackerel was caught; total 
pounds of Atlantic mackerel retained and total pounds of all fish 
retained. Daily Atlantic mackerel VMS catch reports must be submitted 
in 24-hr intervals for each day and must be submitted by 0900 hr on the 
following day. Reports are required even if Atlantic mackerel caught 
that day have not yet been landed. This report does not exempt the 
owner or operator from other applicable reporting requirements of this 
section.
    (iii) Surfclam and Ocean Quahog owners or operators. The owner or 
operator of any vessel conducting any surfclam and ocean quahog fishing 
operations must provide at least the following information and any 
other information required by the Regional Administrator:
    (A) Name and permit number of the vessel;
    (B) Total amount in bushels of each species taken;
    (C) Date(s) caught;
    (D) Time at sea;
    (E) Duration of fishing time;
    (F) Locality fished;
    (G) Crew size;
    (H) Crew share by percentage;
    (I) Landing port;
    (J) Date sold;
    (K) Price per bushel;
    (L) Buyer;
    (M) Tag numbers from cages used;
    (N) Quantity of surfclams and ocean quahogs discarded; and
    (O) Allocation permit number.
    (iv) Private tilefish recreational vessel owners and operators. The 
owner or operator of any fishing vessel that holds a Federal private 
recreational tilefish permit, must report for each recreational trip 
fishing for or retaining blueline or golden tilefish in the Tilefish 
Management Unit. The required Vessel Trip Report must be submitted by 
electronic means. This report must be submitted through a NMFS-approved 
electronic reporting system within 24 hours of the trip returning to 
port. The vessel operator may keep paper records while onboard and 
upload the data after landing. The report must contain the following 
information:
    (A) Vessel name;
    (B) USCG documentation number (or state registration number, if 
undocumented);
    (C) Permit number;
    (D) Date/time sailed;
    (E) Date/time landed;
    (F) Trip type;
    (G) Number of anglers;
    (H) Species;
    (I) Gear fished;
    (J) Quantity and size of gear;
    (K) Soak time;
    (L) Depth;
    (M) Chart Area;
    (N) Latitude/longitude where fishing occurred;
    (O) Count of individual golden and blueline tilefish landed or 
discarded; and
    (P) Port and state landed.
* * * * *
    (c) When to fill out a vessel trip report. Vessel trip reports 
required by paragraph (b)(1)(i) of this section must be filled out with 
all required information, except for information not yet ascertainable, 
prior to entering port. Information that may be considered 
unascertainable prior to entering port includes dealer name, dealer 
permit number, and date sold. Vessel trip reports must be completed as 
soon as the information becomes available. Vessel trip reports required 
by paragraph (b)(1)(iii) of this section must be filled out before 
landing any surfclams or ocean quahogs.
    (d) Inspection. Upon the request of an authorized officer or an 
employee of NMFS designated by the Regional Administrator to make such 
inspections, all persons required to submit reports under this part 
must make immediately available for inspection reports, and all records 
upon which those reports are or will be based, that are required to be 
submitted or kept under this part.
* * * * *
    (f) * * *
    (2) Fishing vessel trip reports--(i) Timing requirements. For any 
vessel issued a valid commercial or charter/party permit, or eligible 
to renew a limited access permit under this part, fishing vessel trip 
reports, required by paragraph (b)(1) of this section, must be 
submitted within 48 hours at the conclusion of a trip.
    (ii) Commercial trips. For the purposes of paragraph (f)(2) of this 
section, the date when fish are offloaded from a commercial vessel will 
establish the conclusion of a commercial trip.
    (iii) Charter/party trips. For the purposes of paragraph (f)(2) of 
this section, the date a charter/party vessel enters port will 
establish the conclusion of a for-hire trip.
    (iv) Private recreational tilefish trips. Private recreational 
tilefish electronic log reports, required by paragraph (b)(1)(iv) of 
this section, must be submitted within 24 hours after entering port at 
the conclusion of a trip.
* * * * *
[FR Doc. 2020-24921 Filed 11-9-20; 8:45 am]
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