Options for Implementing Vessel Monitoring Systems Requirements for Highly Migratory Species Fisheries

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 644

[Docket No. 980413091-8091-01; I.D. 030998B]

RIN 0648-AK90

Options for Implementing Vessel Monitoring Systems Requirements

for Highly Migratory Species Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Advance notice of proposed rulemaking (ANPR); request for

comments.

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SUMMARY: NMFS is requesting comments on options for implementing a

recommendation of the International Commission for the Conservation of

Atlantic Tunas (ICCAT), requiring each member country with vessels

greater than 24 meters (78.74 ft) in overall length and fishing for

ICCAT species on the high seas outside the fisheries jurisdiction

(Exclusive Economic Zone, EEZ) of that country, to adopt a pilot

program for a satellite-based vessel monitoring system (VMS). The 3-

year ICCAT-recommended VMS pilot program is to be implemented effective

January 1, 1999.

DATES: Written comments on this ANPR must be received on or before June

1, 1998.

ADDRESSES: Written comments should be addressed to Rebecca Lent, Chief,

Highly Migratory Species Management Division (F/SF1), Office of

Sustainable Fisheries, NMFS, 1315 East-West Highway, Silver Spring, MD

20910.

FOR FURTHER INFORMATION CONTACT: Buck Sutter, 813-570-5447; fax: 813-

570-5364; or Jill Stevenson, 301-713-2347; fax: 301-713-1917.

SUPPLEMENTARY INFORMATION:

Background

At the 1997 annual meeting held in Madrid, Spain, ICCAT adopted a

recommendation that each member country institute a VMS pilot project

for vessels greater than 24 meters (78.74 ft) in total length fishing

on the high seas outside the EEZ of a member country. The ICCAT

recommendation calls for each member country to require the

installation of a VMS unit on 10 percent of the vessels or on 10

qualified vessels, whichever is greater, that target fisheries under

ICCAT jurisdiction. In order for the United States to meet ICCAT

obligations, 10 U.S. vessels must be equipped with operational VMS

units by January 1, 1999.

The Secretary of Commerce has the responsibility, under the

Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.), to

implement ICCAT recommendations. Fisheries that are affected by the

ICCAT recommendation include those that target Atlantic swordfish and

Atlantic tuna (Atlantic albacore, bluefin, bigeye, skipjack and

yellowfin tunas) in waters outside the U.S. EEZ. NMFS is developing a

program to implement the ICCAT recommendation and is seeking public

comments before proceeding with program development and implementation

by January 1, 1999. A draft plan of the U.S. program must be provided

to ICCAT by June 1, 1998.

The U.S. Atlantic swordfish fishery is managed under the Fishery

Management Plan for Atlantic Swordfish and its implementing regulations

at 50 CFR part 630, under the authority of the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1801 et seq.) and ATCA. The

Atlantic tunas fishery is managed under the authority of ATCA and

regulations at 50 CFR part 285. Commercial vessels of the United States

fishing in the Atlantic Ocean must obtain federal fisheries permits to

land swordfish and tunas (50 CFR 630.4 and 50 CFR 285.21,

respectively). In addition, under the High Seas Fishing Compliance Act

(HSFCA) of 1995 and its implementing regulations (50 CFR part 300),

U.S. vessels fishing beyond the EEZ are required to obtain a HSFCA

permit and comply with applicable requirements, including reporting.

The ICCAT VMS pilot program applies only to vessels larger than 24

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meters (78.74 ft) fishing for highly migratory species on the high

seas, outside the EEZ of a member country. The most direct mechanism

NMFS has to identify U.S. vessels that fulfill these ICCAT requirements

is to query the HSFCA database for vessels that meet the ICCAT size

criteria. The subset of HSFCA permitted vessels 79 feet and larger was

further reduced by identifying which vessels also hold an Atlantic

swordfish and/or Atlantic tuna permit. NMFS estimates that

approximately 33 U.S. vessels meet all ICCAT requirements. However,

some of these vessels (e.g., trawling vessels) do not target highly

migratory fish species, but hold HMS permits to allow retention of

incidentally caught swordfish and tunas. These vessels would not be

included in the pilot program because the ICCAT recommendation

specifies selection of vessels targeting species under ICCAT

jurisdiction. Excluding these trawling vessels, approximately 20 U.S.

commercial vessels fit the criteria set forth by the ICCAT

recommendation for the VMS pilot program; therefore, the United States

must have at least 10 vessels equipped with operational VMS units by

January 1, 1999, to meet ICCAT obligations.

VMS is an automated, real-time, satellite-based tracking system

coupled with a Global Positioning System (GPS) that obtains accurate

position reports of vessels at sea. Real-time vessel location

information is sent automatically from a transceiver on board the

fishing vessel. ICCAT requires that any VMS used in the pilot program:

(1) be tamper proof; (2) be fully automatic and operational at all

times regardless of environmental conditions; (3) provide real time

data; and (4) provide latitude and longitude, with a position accuracy

of 500 meters or better. Several companies manufacture and distribute

VMS units. Not all systems, however, are compatible. NMFS has initially

determined that system compatibility is necessary to avoid confusion

and to establish effective, cost-efficient communication protocols. The

use of VMS by NMFS in other fisheries is discussed in 59 FR 15180,

March 31, 1994. In addition to the four ICCAT VMS requirements listed

above, the following system parameters have been identified by NMFS for

the use of VMS in other fisheries, and will be required components for

the ICCAT VMS pilot program: (1) A fully integrated International

Maritime Satellite (Inmarsat)-C and GPS Transceiver; (2) flexible

position reporting capabilities; (3) acceptance (e.g., trawling

vessels) by the International Maritime Organization as meeting the

requirements for the Global Maritime Distress and Safety System;(4)

password protected configuration to prevent unauthorized

reconfiguration of the transceiver;(5) incorporation of a low-cost data

reporting mode over the signal channel to allow the transmission of the

vessel identifier and the location of the vessel; (6) capability of

sending and receiving Telex, E-mail and computer data; (7) secure,

private two-way communications; (8) capability to poll the transceiver

unit remotely to determine vessel position; (9) ability to

automatically generate position reports during power up, power down,

antennae disconnection, and antenna blockage; (10) global coverage; and

(11) ability to store and forward communication.

The installation of a VMS unit on board high-seas fishing vessels

will provide several benefits to the vessel and the supporting

industries. A VMS transceiver is capable of sending and receiving

confidential communications (data and text messages) with the addition

of a personal computer. A personal computer, however, is not part of

the required system for the ICCAT VMS pilot program, although there

would be benefits to the vessel owner or operator. Secure

communications with business partners, owners and/or seafood dealers

could provide participating vessels a mechanism to market their

products in a manner that could enhance ex-vessel price and increase

the vessel's competitive advantage. The captain and crew could also

communicate with family regardless of distance from shore. The

communication linkage with shore, via the VMS units, would allow a

vessel to fish more efficiently and decrease the incidence of

interrupted trips. For example, broken gear could be ordered while at

sea, and shipped to a convenient location or brought out on another

vessel, reducing the time wasted traveling to retrieve needed gear that

could otherwise have been spent fishing.

The VMS units will provide an enhanced safety feature to the

fishing vessel. Qualified VMS units have a safety feature on the

transceiver that could be easily activated so that an immediate

distress signal could be sent from anywhere in the Atlantic Ocean and

alert rescue authorities of the vessel's exact real-time position. The

VMS unit would also provide the added safety of a second GPS on board.

For example, in the Hawaii longline pilot VMS study between January 1,

1996, and March 15, 1997, the U.S. Coast Guard estimated that the VMS

assisted in approximately 120 search and rescue cases.

Another benefit could be that vessels targeting swordfish that

participate in the ICCAT VMS program would be eligible for the 1998

directed swordfish closure VMS pilot program. Under that program, a

vessel with a qualified VMS unit can apply for an Exempted Fishing

Permit and will be allowed to retain swordfish on board the fishing

vessel after the directed swordfish fishery has closed, provided all

requirements to participate in that program are met. Swordfish can then

be offloaded in a location and time that maximizes ex-vessel price.

Information on the current swordfish pilot program can be obtained from

NMFS, Highly Migratory Species Division (SEE ADDRESSES). NMFS is also

investigating the possibility of providing low-interest loans for this

program through the Fishing Finance Program.

The ICCAT VMS pilot study will allow NMFS to monitor vessel

position on a real-time basis anywhere in the Atlantic Ocean. All

automated data reports received by NMFS to monitor vessel positions

will be treated consistent with NMFS guidelines for confidential

information. In the Hawaii longline VMS study, NMFS determined that

remote vessel monitoring greatly enhanced the effectiveness and

efficiency in enforcing regulatory constraints on a high-seas fishery.

Installation of VMS units enabled law enforcement to monitor a high

percentage of the vessels participating in the longline fishery, at a

greatly reduced cost in comparison to traditional surveillance methods

(i.e., aircraft and surface vessels).

The cost of the VMS is approximately $3,500 to $5,000 per vessel

for the initial purchase of the equipment, including the transceiver

and antenna. Installation of the equipment will cost approximately

$1,000, and communication charges for required automated position

reports are about $2.50 per day. Repair and maintenance costs may

approach $1,000 per year. Additional costs would include the purchase

of an optional personal computer and text messages (approximately $0.01

per character) that are sent or received by the vessel.

Alternatives

Should it be determined that rulemaking is necessary to implement

this mandatory ICCAT program, NMFS is currently considering the

following alternatives to implement the ICCAT VMS pilot program:

(1) NMFS would solicit 10 volunteers from the qualified HSFCA and

Highly

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Migratory Species (HMS) permit (Atlantic swordfish and Atlantic tunas)

database with vessel lengths greater than 24 meters (78.74 ft) and

utilizing longline gear to either purchase or use existing VMS

equipment that qualifies under the requirements set forth in this

Advanced Notice of Proposed Rulemaking (ANPR) for the duration of this

3-year project.

(2) NMFS would select 10 qualified vessels (holders of valid HSFCA

and HMS permits, with vessel lengths greater than 24 meters (78.74 ft),

and utilizing longline gear) and require purchase of a qualified VMS

unit, as described by this ANPR. These vessels would be required to

send automated position reports over the 3-year period covered by this

pilot study.

(3) NMFS would require purchase of a qualified VMS unit, as

described by this ANPR, by all holders of valid HSFCA and HMS permits

with vessel lengths greater than 24 meters (78.74 ft), that fish with

longline gear. These vessels would be required to send automated

position reports over the 3-year period covered by this pilot study.

(4) NMFS would require purchase of a qualified VMS unit, as

described by this ANPR, by all holders of an HMS permit with a vessel

length greater than 24 meters (78.74 ft) and utilizing longline gear,

regardless of the possession of a HSFCA permit. These vessels would be

required to send automated position reports over the 3-year period

covered by this pilot study.

NMFS will not consider purchasing the individual VMS units for the

ICCAT pilot program. The western Pacific longline pilot VMS program was

funded by the government solely for the purposes of testing the

application of VMS technology in longline fisheries. That study has

been completed, and the study report is available from NMFS (See

ADDRESSES). As a result of the success of the Hawaii VMS pilot program,

NMFS has pursued the use of VMS in other fisheries to improve the

enforcement of fisheries regulations. Installation of a VMS unit is now

required by NMFS in other U.S. fisheries, at the vessel owners' or

operators' expense, including, but not limited to, the Western Pacific

Crustacean Fishery, Atlantic Sea Scallop Fishery, Northeast

Multispecies Fishery, and Alaska Groundfish Fisheries. NMFS has

convened an internal team to discuss the potential benefits of VMS in

HMS fisheries and will be preparing a required document to ICCAT by

June 1, 1998, outlining the planned implementation of the ICCAT VMS

pilot program for the United States.

Request For Comments

NMFS solicits comments on implementation of the ICCAT requirement

to initiate, by January 1, 1999, a VMS pilot program for vessels larger

than 24 meters (78.74 feet), that fish outside the United States EEZ.

Comments received on this ANPR will assist NMFS in determining the

options for rulemaking to implement the requirements of this

international agreement.

Classification

This advance notice of proposed rule making has been determined to

be not significant for purposes of E.O. 12866.

Authority: 16 U.S.C. 971 et seq.

Dated: April 13, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

[FR Doc. 98-10243 Filed 4-16-98; 8:45 am]

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