Fisheries of the Northeastern United States; Vessel Monitoring System Power Down Exemption

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 980715175-8254-02; I.D. 070198B]

RIN 0648-AL35

Fisheries of the Northeastern United States; Vessel Monitoring

System Power Down Exemption

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to amend the regulations

implementing the Atlantic Sea Scallop and Northeast Multispecies

Fishery Management Plans (FMP). This action changes the name ``Vessel

Tracking System (VTS)'' to ``Vessel Monitoring System (VMS)'' and

changes the VMS operating requirements for vessels to allow the VMS

unit to be turned off if the vessel is out of the water continuously

for more than 72 consecutive hours, provided the owner of the vessel

obtains and complies with a letter of exemption issued to the vessel.

The change in VMS operating requirements is necessary to address the

lack of available power required to keep VMS units operational when

vessels are removed from the water for repair and maintenance.

DATES: Effective November 30, 1998.

ADDRESSES: Copies of the Regulatory Impact Review supporting this

action may be obtained from Jon C. Rittgers, Acting Regional

Administrator, Northeast Regional Office, NMFS, One Blackburn Drive,

Gloucester, MA 01930.

Comments regarding burden-hour estimates for collection-of-

information requirements contained in this final rule should be sent to

Jon C. Rittgers and the Office of Information and Regulatory Affairs,

Office of Management and Budget (OMB), Washington, DC 20502 (Attention:

NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst,

978-281-9273.

SUPPLEMENTARY INFORMATION: A proposed rule for this action was

published on July 28, 1998 (63 FR 40253). Details of this action are

described in the preamble to the proposed rule and will not be repeated

here.

Approved Management Measures

Under current regulations, required VTS units, hereinafter referred

to as VMS units, in the Atlantic sea scallop fishery must be fully

operational at all times and transmit a signal indicating a vessel's

accurate position at least every hour, 24 hours a day, without

interruption, throughout the year. A vessel out of the water for repair

and maintenance may not have an operational power supply available with

which to power its VMS unit so that it may transmit hourly position

reports. This action amends the operating requirements for a VMS to

allow vessels in those fisheries to turn off the VMS unit if the vessel

will be out of the water continuously for more than 72 hours. Owners of

such vessels must first obtain a letter of exemption issued to the

vessel from the Regional Administrator. This amendment is consistent

with the primary intent of the original requirement, which was to

monitor the at-sea activity of these vessels for compliance with the

regulatory requirements.

In addition to the management measure described above, this final

rule also changes the names and related definitions for ``Vessel

Tracking System (VTS)'' to ``Vessel Monitoring System (VMS)'' and ``VTS

unit'' to ``VMS unit'' to provide consistency with other NMFS Regions.

Comments and Responses

NMFS received written comments on the proposed rule from one

individual and one fishing industry association. Specific comments are

discussed and responded to here.

Comment: The fishing industry association supports implementation

of the amendment that would allow vessels to turn off the VMS unit if

the vessel will be out of the water continuously for more than 72

consecutive hours.

Response: The comment has been noted and the regulatory amendment

is approved.

Comment: One individual and one fishing industry association

expressed concern over the requirement of requiring VMS units to be

fully operational at all times and transmit a signal indicating a

vessel's accurate position at least every hour, 24 hours a day, without

interruption, throughout the year. They state that most docks do not

have shore power hook-ups, and

[[Page 58329]]

many do not have generators, making the 24-hours a day requirement

impractical.

Response: NMFS understands this problem and may further adjust the

VMS power down regulations through a regulatory amendment, if

information becomes available to support such a change.

Classification

This final rule has been determined to be not significant for

purposes of E.O. 12866.

The Assistant General Counsel for Legislation and Regulation of the

Department of Commerce certified to the Chief Counsel for Advocacy of

the Small Business Administration that this rule would not have a

significant economic impact on a substantial number of small entities.

No comments were received regarding this certification. As a result, a

regulatory flexibility analysis was not prepared.

Notwithstanding any other provision of law, no person is required

to respond to, nor shall a person be subject to a penalty for failure

to comply with, a collection of information subject to the requirements

of the Paperwork Reduction Act (PRA) unless that collection of

information displays a currently valid OMB control number.

The rule contains one new collection-of-information requirement

subject to the PRA. The collection-of-information requirement has been

approved by the Office of Management and Budget, OMB control number OMB

0648-0202.

The estimated response time includes the time needed for reviewing

instructions, searching existing data sources, gathering and

maintaining the data needed, and completing and reviewing the

collection of information. Public comment is sought regarding whether

this collection of information is necessary for the proper performance

of the functions of the agency, including whether the information has

practical utility; the accuracy of the burden estimate; ways to enhance

the quality, utility, and clarity of the information to be collected;

and ways to minimize the burden of the collection of information,

including through the use of automated collection techniques or other

forms of information technology. Send comments regarding this burden

estimate or any other aspect of this data collection to NMFS and OMB

(see ADDRESSES).

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: October 22, 1998.

Gary Matlock,

Acting Assistant Administrator for Fisheries, 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.

2. In Sec. 648.2, the definitions for ``Vessel Tracking System

(VTS)'' and ``VTS unit'' are removed, and the definitions for ``Vessel

Monitoring System (VMS)'' and ``VMS unit'' are added in alphabetical

order to read as follows:

Sec. 648.2 Definitions.

* * * * *

Vessel Monitoring System (VMS) means a vessel monitoring system as

set forth in Sec. 648.9 and approved by NMFS for use by scallop and NE

multispecies vessels, as required by this part.

VMS unit means a device installed on board a vessel used for vessel

monitoring and transmitting the vessel's position as required by this

part.

* * * * *

3. In Sec. 648.9, the acronym ``VTS'' in the section heading is

replaced with the acronym ``VMS'' and paragraph (b)(2), the first

sentence of paragraph (b)(5), and paragraphs (b)(7) and (c) are revised

to read as follows:

Sec. 648.9 VMS requirements.

* * * * *

(b) * * *

(2) The VMS shall be fully automatic and operational at all times,

regardless of weather and environmental conditions, unless exempted

under paragraph (c)(2) of this section.

* * * * *

(5) The VMS shall provide accurate hourly position transmissions

every day of the year unless exempted under paragraph (c)(2) of this

section. * * *

* * * * *

(7) The VMS vendor shall be capable of transmitting position data

to a NMFS-designated computer system via a modem at a minimum speed of

9600 baud. Transmission shall be in a file format acceptable to NMFS.

* * * * *

(c) Operating requirements. (1) All required VMS units must

transmit a signal indicating the vessel's accurate position at least

every hour, 24 hours a day, unless such vessel is exempted under

paragraph (c)(2) of this section.

(2) Power Down Exemption. (i) Any vessel required to have on board

a fully operational VMS unit at all times, as specified in paragraph

(b)(2) of this section, is exempt from this requirement provided:

(A) The vessel will be continuously out of the water for more than

72 consecutive hours; and

(B) A valid letter of exemption obtained pursuant to paragraph

(c)(2)(ii) of this section has been issued to the vessel and is on

board the vessel and the vessel is in compliance with all conditions

and requirements of said letter.

(ii) Letter of Exemption--(A) Application. A vessel owner may apply

for a letter of exemption from the operating requirements specified in

paragraph (c)(1) of this section for his/her vessel by sending a

written request to the Regional Administrator and providing the

following: Sufficient information to determine that the vessel will be

out of the water for more than 72 continuous hours; the location of the

vessel during the time an exemption is sought; and the exact time

period for which an exemption is needed (i.e., the time the VMS will be

turned off and turned on again).

(B) Issuance. Upon receipt of an application, the Regional

Administrator may issue a letter of exemption to the vessel if it is

determined that the vessel owner provided sufficient information as

required under paragraph (c)(2)(ii)(A) of this section and that the

issuance of the letter of exemption will not jeopardize accurate

monitoring of the vessel's DAS. Upon written request, the Regional

Administrator may change the time period for which the exemption was

granted.

* * * * *

4. In addition to the amendments set forth above, the acronym

``VTS'' is replaced with the acronym ``VMS'', and the acronym ``VTSs''

is replaced with the acronym ``VMSs'' wherever they appear throughout

the following places:

a. Section 648.4(c)(2)(iii)(A), (c)(2)(iv)(B), and (e)(1)(iv);

b. Section 648.7(b)(1)(i) and (b)(1)(iii);

c. Section 648.9(a), (b) introductory text, (b)(1), (b)(3)-(b)(6),

(b)(8)-(b)(9), and (d)-(g);

d. Section 648.10(a), (b) introductory text, (b)(1), (b)(2),

(b)(4), (b)(5), (c) introductory text, (e) introductory text, (e)(1),

(e)(1)(ii), and (f)(1); and

e. Section 648.14(a)(7), (c)(2) introductory text, (c)(2)(i),

(c)(2)(ii), (h)(3), and (h)(4).

[FR Doc. 98-29084 Filed 10-29-98 8:45 am]

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