Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Electronic Reporting for Federally Permitted Charter Vessels and Headboats in Gulf of Mexico Fisheries, 51014-51016 [2021-19622]
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Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations
adopted and follows the Best Practices
set forth in paragraph (k)(1) of this
section; or
(C) That the video programmer is
exempt from the closed captioning rules
under one or more properly attained
exemptions.
(ii) For programmers certifying
exemption from the closed captioning
rules, the video programming
distributor must obtain a certification
from the programmer that specifies the
exact exemption that the programmer is
claiming. Video programming
distributors may satisfy their best efforts
obligation by locating a programmer’s
certification on the programmer’s
website or other widely available
locations used for the purpose of
posting widely available certifications.
If a video programming distributor is
unable to locate such certification on
the programmer’s website or other
widely available location used for the
purpose of posting such certification,
the video programming distributor must
inform the video programmer in writing
that it must make widely available such
certification within 30 days after
receiving the written request. If a video
programmer does not make such
certification widely available within 30
days after receiving a written request,
the video programming distributor shall
promptly submit a report to the
Commission identifying such noncertifying video programmer for the
purpose of being placed in a publicly
available database. A video
programming distributor that meets
each of the requirements of this
paragraph shall not be liable for
violations of paragraphs (j)(2) and (3) of
this section to the extent that any such
violations are outside the control of the
video programming distributor.
Compliance with this paragraph (j)(1)
shall not be required as of the
compliance date of paragraph (m) of this
section. The Commission will publish a
document in the Federal Register
announcing that compliance date and
revising this paragraph accordingly.
*
*
*
*
*
(k) * * * (1) * * *
(iv) Certification procedures for video
programmers. Video programmers
adopting Best Practices will take one of
the following actions to certify that they
adhere to Best Practices for video
programmers.
(A) Prior to the compliance date of
paragraph (m) of this section, video
programmers adopting Best Practices
will certify to video programming
distributors that they adhere to Best
Practices for video programmers and
will make such certifications widely
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available to video programming
distributors, for example, by posting on
affiliate websites.
(B) As of the compliance date of
paragraph (m) of this section, video
programmers adopting Best Practices
will certify to the Commission that they
adhere to Best Practices for video
programmers, in accordance with
paragraph (m) of this section.
*
*
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(m) * * *
(1) On or before the compliance date,
or prior to the first time a video
programmer that has not previously
provided video programming shown on
television provides video programming
for television for the first time,
whichever is later, and on or before July
1 of each year thereafter, each video
programmer shall submit a certification
to the Commission through a web form
located on the Commission’s website
stating that:
*
*
*
*
*
(5) Compliance with paragraphs
(m)(1) through (4) of this section is not
required until the Commission
publishes a document in the Federal
Register announcing the compliance
date and revising this paragraph
accordingly.
*
*
*
*
*
[FR Doc. 2021–16870 Filed 9–13–21; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 210907–0179]
RIN 0648–BH72
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Electronic
Reporting for Federally Permitted
Charter Vessels and Headboats in Gulf
of Mexico Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; effective date.
AGENCY:
NMFS announces the
effective date for previously approved
vessel location tracking requirements
applicable to an owner or operator of
charter vessel or headboat for which
NMFS has issued a valid Federal charter
vessel/headboat permit for federally
managed reef fish or coastal migratory
pelagic (CMP) species in the Gulf of
Mexico (Gulf). The purpose of this final
SUMMARY:
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rule is to announce the effective date for
vessel location tracking requirements for
reef fish and CMP in the Gulf that NMFS
previously delayed indefinitely on July
21, 2020.
DATES: The effective date for
amendments to §§ 622.26(b)(5) and
622.374(b)(5)(ii) through (v), published
July 21, 2020 (85 FR 44005), is
December 13, 2021.
ADDRESSES: Electronic copies of the Gulf
For-hire Reporting Amendment may be
obtained from www.regulations.gov or
the Southeast Regional Office website at
https://www.fisheries.noaa.gov/
southeast/et.
The Gulf For-hire Reporting
Amendment includes an environmental
assessment, regulatory impact review,
Regulatory Flexibility Act analysis, and
fishery impact statement.
The final rule that published on July
21, 2020 (85 FR 44005), and other
related rulemaking documents, may be
obtained from www.regulations.gov, by
searching ‘‘RIN 0648–BH72.’’
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted at any time by email
to Adam Bailey, NMFS Southeast
Regional Office, adam.bailey@noaa.gov,
or to www.reginfo.gov/public/do/
PRAMain.
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: This final
rule is based on the Gulf For-hire
Reporting Amendment, which includes
amendments to the Fishery Management
Plans (FMPs) for Reef Fish Resources of
the Gulf of Mexico (Reef Fish FMP) and
the Coastal Migratory Pelagic (CMP)
Resources of the Gulf of Mexico and
Atlantic Region (CMP FMP). The CMP
fishery in the Gulf is managed under the
CMP FMP, an FMP jointly developed by
the Gulf of Mexico Fishery Management
Council (Gulf Council) and the South
Atlantic Fishery Management Council
(South Atlantic Council). The Gulf reef
fish fishery is managed under the Reef
Fish FMP, which is developed by the
Gulf Council. These FMPs are
implemented by NMFS through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
On July 21, 2020, NMFS published
the final rule to implement the Gulf Forhire Reporting Amendment (85 FR
44005). That final rule summarized the
management measures described in the
Gulf For-hire Reporting Amendment
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Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations
and implemented by NMFS. However,
the July 21, 2020, final rule delayed
indefinitely the effectiveness of vessel
location tracking requirements in 50
CFR 622.26(b)(5) and 622.374(b)(5)(ii)
through (v). That final rule stated that
NMFS would announce the effective
date for those provisions in a
subsequent document published in the
Federal Register.
NMFS delayed the location tracking
requirements that apply to a charter
vessel or headboat (for-hire vessel) in
the Gulf reef fish and Gulf CMP fisheries
to allow more time to evaluate and
approve hardware and software for use
in the Gulf for-hire reporting program.
The NMFS Southeast Regional Office
posts all approved vessel location
tracking hardware and software for the
Gulf for-hire reporting program,
including vessel monitoring system
(VMS) units approved by the NMFS
Office of Law Enforcement (OLE), on the
website for the Gulf for-hire reporting
program, https://
www.fisheries.noaa.gov/southeast/et.
This final rule announces the effective
date for requirements applicable to an
owner or operator of a vessel with a
Federal charter vessel/headboat permit
for Gulf reef fish or Gulf CMP species
(hereafter referred to as a Gulf for-hire
vessel owner or operator). On and after
December 13, 2021, a Gulf for-hire
vessel owner or operator must comply
with vessel location tracking
requirements in 50 CFR 622.26(b)(5) and
622.374(b)(5)(ii) through (v). NMFS
expects that the time between the
publication date and effective date of
this final rule (see DATES section) will
allow affected fishery participants to
purchase and install approved hardware
and software. NMFS also reminds Gulf
for-hire vessel owners and operators
that they must comply with all of the
other requirements of the Gulf for-hire
reporting program that are currently in
effect.
Upon the effective date in this final
rule, a Gulf for-hire vessel must have
NMFS-approved hardware and software
on board with global positioning system
(GPS) location capabilities that, at a
minimum, archive vessel position data
during a trip for subsequent
transmission to NMFS. The vessel
location-tracking device must collect a
vessel’s position at least hourly, unless
the in-port 4-hour position reporting
exemption is met, as specified in 50
CFR 622.26(b)(5)(ii)(C) and
622.374(b)(5)(iv)(C).
The vessel location tracking data can
be transmitted through a cellular or
satellite-based service via a VMS unit.
Cellular-based systems collect and store
data while a vessel is not within range
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of a cellular signal, e.g., during the
majority of fishing trips in Federal
waters, and then transmit the data when
the vessel is within cellular range.
While a vessel is within cellular range,
e.g., nearshore or at the dock, data
transmission will be closer to real-time.
Satellite-based systems transmit data as
they are collected.
Each Gulf for-hire vessel owner or
operator is responsible for using an
approved cellular or satellite VMS that
will automatically transmit vessel
location data at some time before
offloading fish at the end of each trip,
or within 30 minutes after a trip is
completed if no fish were landed. The
vessel’s cellular or satellite VMS must
be permanently affixed to the vessel and
must have uninterrupted power, unless
the owner or operator applies for and is
granted an exemption to power-down
the unit, as specified in 50 CFR
622.26(b)(5)(ii)(D) and
622.374(b)(5)(iv)(D), e.g., if the vessel is
removed from the water for repairs.
Classification
Pursuant to section 304(b)(3) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
Gulf For-hire Reporting Amendment,
the respective FMPs, other provisions of
the Magnuson-Stevens Act, and other
applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Magnuson-Stevens Act provides
the statutory basis for this final rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. A
description of this final rule, why it is
being implemented, and the purpose of
this final rule are contained in the
SUMMARY and SUPPLEMENTARY
INFORMATION sections of this preamble.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment are
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because NMFS already
provided prior notice and an
opportunity for public comment for the
vessel monitoring requirements in the
July 21, 2020, final rule. This final rule
does not change any provision of the
July 21, 2020, final rule but only
announces the effective date for the
previously delayed requirements (see
DATES section). Such procedures would
also be contrary to the public interest
because NMFS has already
implemented the majority of the
management measures in the Gulf ForHire Reporting Amendment and the
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51015
vessel location tracking requirements
will allow NMFS to better validate the
accuracy of data that are currently being
submitted through the required fishing
reports. NMFS expects more accurate
and reliable data to improve
management of the Gulf for-hire
component as well as management of
the Gulf reef fish and CMP fisheries
generally.
This final rule contains collection-ofinformation requirements approved by
the Office of Management and Budget
(OMB) under the Paperwork Reduction
Act (PRA). This final rule does not
change the existing requirements for the
collection of information under OMB
Control Number 0648–0016. The public
reporting burden for the Southeast
Region Logbook Family of Forms,
specifically for a trip declaration, is
estimated to average 2 minutes to
complete and 10 minutes per fishing
report. NMFS estimates a VMS powerdown exemption request will require an
average of 5 minutes to complete per
occurrence. These estimates include the
time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information.
NMFS invites the public and other
Federal agencies to comment on any
proposed and continuing information
collections, which helps NMFS assess
the impact of information collection
requirements and minimize the public’s
reporting burden. Written comments
and recommendations for this
information collection should be
submitted on the following website:
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by using the search function
and entering the title of the collection or
the OMB Control Number 0648–0016.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
List of Subjects in 50 CFR Part 622
Atlantic, Charter vessel, Coastal
migratory pelagic resources, Fisheries,
Fishing, Gulf of Mexico, Headboat,
Recordkeeping and reporting, Reef fish,
South Atlantic, Vessel monitoring
systems.
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51016
Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations
Dated: September 7, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021–19622 Filed 9–13–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02; RTID
0648–XB400]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
NMFS is transferring 113.8
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the Reserve category
to the General category. This action is
intended to account for an accrued
overharvest of 53.8 mt from previous
time-period subquotas and to provide
further opportunities for General
category fishermen to participate in the
September General category fishery,
based on consideration of the regulatory
determination criteria regarding
inseason adjustments. This action
would affect Atlantic tunas General
category (commercial) permitted vessels
and Highly Migratory Species (HMS)
Charter/Headboat permitted vessels
with a commercial sale endorsement
when fishing commercially for BFT.
DATES: Effective September 9, 2021
through September 30, 2021.
FOR FURTHER INFORMATION CONTACT:
Larry Redd, Jr., 301–427–8503, Nicholas
Velseboer, 978–281–9260, or Lauren
Latchford, 301–427–8503.
SUPPLEMENTARY INFORMATION: Atlantic
HMS fisheries, including BFT fisheries,
are managed under the authority of the
Atlantic Tunas Convention Act (ATCA;
16 U.S.C. 971 et seq.) and the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.). The 2006 Consolidated Atlantic
HMS Fishery Management Plan (FMP)
and its amendments are implemented
by regulations at 50 CFR part 635.
Section 635.27 divides the U.S. BFT
quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and as implemented by the United
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SUMMARY:
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States among the various domestic
fishing categories, per the allocations
established in the 2006 Consolidated
HMS FMP and its amendments. NMFS
is required under the Magnuson-Stevens
Act to provide U.S. fishing vessels with
a reasonable opportunity to harvest
quotas under relevant international
fishery agreements such as the ICCAT
Convention, which is implemented
domestically pursuant to ATCA.
The current baseline General and
Reserve category quotas are 555.7 mt
and 29.5 mt, respectively. The General
category baseline subquota for the
September time-period is 147.3 mt. Any
unused General category quota rolls
forward from one time-period to the
next and is available for use in
subsequent time-periods. To date for
2021, NMFS has published three actions
that resulted in adjustments to the
General and Reserve category quotas.
The current adjusted quotas are 138 mt
for the Reserve category, 75 mt for the
General category January through March
2021 subquota period, and 9.4 mt for the
December 2021 subquota period (85 FR
83832, December 23, 2020; 86 FR 8717,
February 9, 2021; 86 FR 43420, August
9, 2021).
Transfer of 113.8 mt From the Reserve
Category to the General Category
Under § 635.27(a)(9), NMFS has the
authority to transfer quota among
fishing categories or subcategories after
considering determination criteria
provided under § 635.27(a)(8). NMFS
has considered all of the relevant
determination criteria and their
applicability to this inseason quota
transfer. These considerations include,
but are not limited to, the following:
Regarding the usefulness of
information obtained from catches in
the particular category for biological
sampling and monitoring of the status of
the stock (§ 635.27(a)(8)(i)), biological
samples collected from BFT landed by
General category fishermen and
provided by tuna dealers provide NMFS
with valuable parts and data for ongoing
scientific studies of BFT age and
growth, migration, and reproductive
status. Additional opportunity to land
BFT in the General category would
support the continued collection of a
broad range of data for these studies and
for stock monitoring purposes.
NMFS also considered the catches of
the General category quota to date
(including during the summer/fall and
winter fisheries in the last several years)
and the likelihood of closure of that
segment of the fishery if no adjustment
is made (§ 635.27(a)(8)(ii) and (ix)).
Preliminary landings data as of
September 8, 2021, indicate that the
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General category landed a cumulative
total of 406.7 mt through August 31,
which exceeds the cumulative adjusted
quota available through August 31, i.e.,
352.9 mt. Preliminary September
landings as of September 8, 2021, are
74.5 mt, which represent 51 percent of
the baseline September subquota (147.3
mt). As of September 8, 2021, the
General category September time-period
subquota has not yet been exceeded, but
without a quota transfer at this time,
NMFS would likely close the General
category fishery shortly, and
participants would have to stop BFT
fishing activities while commercialsized BFT remain available in the areas
where General category permitted
vessels operate at this time of year.
Transferring 113.8 mt of quota from the
Reserve category would account for 53.8
mt of accrued overharvest from the prior
time-periods and result in an additional
60 mt being available for the September
2021 subquota time-period, thus
effectively providing limited additional
opportunities to harvest the U.S. BFT
quota while avoiding exceeding it.
NMFS also took into consideration a
recently published final rule that would
set restricted-fishing days for the
General category during the months of
September through November 2021 (86
FR 43421, August 9, 2021). That rule
would further increase the likelihood
that the fishery would remain open
throughout the subperiod and year.
Regarding the projected ability of the
vessels fishing under the General
category quota to harvest the additional
amount of BFT quota transferred before
the end of the fishing year
(§ 635.27(a)(8)(iii)), NMFS considered
General category landings over the last
several years and landings to date this
year. Landings are highly variable and
depend on access to commercial-sized
BFT and fishing conditions, among
other factors, such as the restrictions
that some dealers placed on their
purchases of BFT from General category
participants this year. A portion of the
transferred quota covers the 53.8 mt
overharvest in the category to date, and
NMFS anticipates that General category
participants will be able to harvest the
remaining 60 mt of transferred BFT
quota by the end of the subquota timeperiod. In the unlikely event that any of
this quota is unused by September 30,
such quota will roll forward to the next
subperiod within the calendar year (i.e.,
to the October through November
period), and NMFS anticipates that it
would be used before the end of the
fishing year. NMFS also anticipates that
some underharvest of the 2020 adjusted
U.S. BFT quota will be carried forward
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]]>Agencies
[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Rules and Regulations]
[Pages 51014-51016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19622]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 210907-0179]
RIN 0648-BH72
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Electronic Reporting for Federally Permitted Charter Vessels and
Headboats in Gulf of Mexico Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; effective date.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the effective date for previously approved
vessel location tracking requirements applicable to an owner or
operator of charter vessel or headboat for which NMFS has issued a
valid Federal charter vessel/headboat permit for federally managed reef
fish or coastal migratory pelagic (CMP) species in the Gulf of Mexico
(Gulf). The purpose of this final rule is to announce the effective
date for vessel location tracking requirements for reef fish and CMP in
the Gulf that NMFS previously delayed indefinitely on July 21, 2020.
DATES: The effective date for amendments to Sec. Sec. 622.26(b)(5) and
622.374(b)(5)(ii) through (v), published July 21, 2020 (85 FR 44005),
is December 13, 2021.
ADDRESSES: Electronic copies of the Gulf For-hire Reporting Amendment
may be obtained from www.regulations.gov or the Southeast Regional
Office website at https://www.fisheries.noaa.gov/southeast/et.
The Gulf For-hire Reporting Amendment includes an environmental
assessment, regulatory impact review, Regulatory Flexibility Act
analysis, and fishery impact statement.
The final rule that published on July 21, 2020 (85 FR 44005), and
other related rulemaking documents, may be obtained from
www.regulations.gov, by searching ``RIN 0648-BH72.''
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted at any time by email to Adam Bailey, NMFS
Southeast Regional Office, [email protected], or to www.reginfo.gov/public/do/PRAMain.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast
Regional Office, telephone: 727-824-5305, or email:
[email protected].
SUPPLEMENTARY INFORMATION: This final rule is based on the Gulf For-
hire Reporting Amendment, which includes amendments to the Fishery
Management Plans (FMPs) for Reef Fish Resources of the Gulf of Mexico
(Reef Fish FMP) and the Coastal Migratory Pelagic (CMP) Resources of
the Gulf of Mexico and Atlantic Region (CMP FMP). The CMP fishery in
the Gulf is managed under the CMP FMP, an FMP jointly developed by the
Gulf of Mexico Fishery Management Council (Gulf Council) and the South
Atlantic Fishery Management Council (South Atlantic Council). The Gulf
reef fish fishery is managed under the Reef Fish FMP, which is
developed by the Gulf Council. These FMPs are implemented by NMFS
through regulations at 50 CFR part 622 under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
On July 21, 2020, NMFS published the final rule to implement the
Gulf For-hire Reporting Amendment (85 FR 44005). That final rule
summarized the management measures described in the Gulf For-hire
Reporting Amendment
[[Page 51015]]
and implemented by NMFS. However, the July 21, 2020, final rule delayed
indefinitely the effectiveness of vessel location tracking requirements
in 50 CFR 622.26(b)(5) and 622.374(b)(5)(ii) through (v). That final
rule stated that NMFS would announce the effective date for those
provisions in a subsequent document published in the Federal Register.
NMFS delayed the location tracking requirements that apply to a
charter vessel or headboat (for-hire vessel) in the Gulf reef fish and
Gulf CMP fisheries to allow more time to evaluate and approve hardware
and software for use in the Gulf for-hire reporting program. The NMFS
Southeast Regional Office posts all approved vessel location tracking
hardware and software for the Gulf for-hire reporting program,
including vessel monitoring system (VMS) units approved by the NMFS
Office of Law Enforcement (OLE), on the website for the Gulf for-hire
reporting program, https://www.fisheries.noaa.gov/southeast/et.
This final rule announces the effective date for requirements
applicable to an owner or operator of a vessel with a Federal charter
vessel/headboat permit for Gulf reef fish or Gulf CMP species
(hereafter referred to as a Gulf for-hire vessel owner or operator). On
and after December 13, 2021, a Gulf for-hire vessel owner or operator
must comply with vessel location tracking requirements in 50 CFR
622.26(b)(5) and 622.374(b)(5)(ii) through (v). NMFS expects that the
time between the publication date and effective date of this final rule
(see DATES section) will allow affected fishery participants to
purchase and install approved hardware and software. NMFS also reminds
Gulf for-hire vessel owners and operators that they must comply with
all of the other requirements of the Gulf for-hire reporting program
that are currently in effect.
Upon the effective date in this final rule, a Gulf for-hire vessel
must have NMFS-approved hardware and software on board with global
positioning system (GPS) location capabilities that, at a minimum,
archive vessel position data during a trip for subsequent transmission
to NMFS. The vessel location-tracking device must collect a vessel's
position at least hourly, unless the in-port 4-hour position reporting
exemption is met, as specified in 50 CFR 622.26(b)(5)(ii)(C) and
622.374(b)(5)(iv)(C).
The vessel location tracking data can be transmitted through a
cellular or satellite-based service via a VMS unit. Cellular-based
systems collect and store data while a vessel is not within range of a
cellular signal, e.g., during the majority of fishing trips in Federal
waters, and then transmit the data when the vessel is within cellular
range. While a vessel is within cellular range, e.g., nearshore or at
the dock, data transmission will be closer to real-time. Satellite-
based systems transmit data as they are collected.
Each Gulf for-hire vessel owner or operator is responsible for
using an approved cellular or satellite VMS that will automatically
transmit vessel location data at some time before offloading fish at
the end of each trip, or within 30 minutes after a trip is completed if
no fish were landed. The vessel's cellular or satellite VMS must be
permanently affixed to the vessel and must have uninterrupted power,
unless the owner or operator applies for and is granted an exemption to
power-down the unit, as specified in 50 CFR 622.26(b)(5)(ii)(D) and
622.374(b)(5)(iv)(D), e.g., if the vessel is removed from the water for
repairs.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with the Gulf For-hire Reporting Amendment, the respective
FMPs, other provisions of the Magnuson-Stevens Act, and other
applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
final rule. No duplicative, overlapping, or conflicting Federal rules
have been identified. A description of this final rule, why it is being
implemented, and the purpose of this final rule are contained in the
SUMMARY and SUPPLEMENTARY INFORMATION sections of this preamble.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment are unnecessary and contrary to the public interest. Such
procedures are unnecessary because NMFS already provided prior notice
and an opportunity for public comment for the vessel monitoring
requirements in the July 21, 2020, final rule. This final rule does not
change any provision of the July 21, 2020, final rule but only
announces the effective date for the previously delayed requirements
(see DATES section). Such procedures would also be contrary to the
public interest because NMFS has already implemented the majority of
the management measures in the Gulf For-Hire Reporting Amendment and
the vessel location tracking requirements will allow NMFS to better
validate the accuracy of data that are currently being submitted
through the required fishing reports. NMFS expects more accurate and
reliable data to improve management of the Gulf for-hire component as
well as management of the Gulf reef fish and CMP fisheries generally.
This final rule contains collection-of-information requirements
approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act (PRA). This final rule does not change the
existing requirements for the collection of information under OMB
Control Number 0648-0016. The public reporting burden for the Southeast
Region Logbook Family of Forms, specifically for a trip declaration, is
estimated to average 2 minutes to complete and 10 minutes per fishing
report. NMFS estimates a VMS power-down exemption request will require
an average of 5 minutes to complete per occurrence. These estimates
include the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information.
NMFS invites the public and other Federal agencies to comment on
any proposed and continuing information collections, which helps NMFS
assess the impact of information collection requirements and minimize
the public's reporting burden. Written comments and recommendations for
this information collection should be submitted on the following
website: www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by using the search function and entering the
title of the collection or the OMB Control Number 0648-0016.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
List of Subjects in 50 CFR Part 622
Atlantic, Charter vessel, Coastal migratory pelagic resources,
Fisheries, Fishing, Gulf of Mexico, Headboat, Recordkeeping and
reporting, Reef fish, South Atlantic, Vessel monitoring systems.
[[Page 51016]]
Dated: September 7, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-19622 Filed 9-13-21; 8:45 am]
BILLING CODE 3510-22-P
