80 FR 28217 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Omnibus Amendment To Simplify Vessel Baselines
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 95 (May 18, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 95 (May 18, 2015)
| Page Range | 28217-28218 | |
| FR Document | 2015-11902 |
[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)] [Proposed Rules] [Pages 28217-28218] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11902] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 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: Notice of availability of fishery management plan amendment; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS announces that the Mid-Atlantic and New England Fishery Management Councils have submitted an Omnibus Amendment to the Fishery Management Plans of the Northeastern United States to simplify vessel baselines. This amendment incorporates a draft Environmental Assessment and preliminary Regulatory Impact Review, for review and approval by the Secretary of Commerce, and NMFS is requesting comments from the public. The Omnibus Amendment to Simplify Vessel Baselines would eliminate the one-time limit on vessel upgrades and remove gross and net tonnages from vessel baseline specifications considered when determining a vessel's baseline for replacement purposes. Implementing these measures would reduce the administrative burden to permit holders and NMFS, and would have little effect on fleet capacity. This action would also remove the requirement for vessels to send in negative fishing reports (i.e., ``did not fish'' reports) during months or weeks when fishing did not occur. DATES: Comments must be received on or before July 17, 2015. ADDRESSES: You may submit comments, identified by NOAA-NMFS-2011-0213, by any one of the following methods. Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. 1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2011-0213, 2. Click the ``Comment Now!'' icon, complete the required fields 3. Enter or attach your comments. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). Copies of the Omnibus Amendment to Simplify Vessel Baselines, and of the draft Environmental Assessment and preliminary Regulatory Impact Review (EA/RIR), are available from the Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930 The EA/ RIR is also accessible via the Internet at: www.greateratlantic.fisheries.noaa.gov. FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst, 978-281-9233. SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires that each Regional Fishery Management Council submit any Fishery Management Plan (FMP) amendment it prepares to NMFS for review and approval, disapproval, or partial approval. The Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP amendment, immediately publish notification in the Federal Register that the amendment is available for public review and comment. The New England Fishery Management Council (NEFMC) and the Mid-Atlantic Fishery Management Council (MAFMC) approved this Baseline Amendment, which would simplify vessel baseline requirements, at their November 18, 2014, and October 8, 2014, meetings, respectively. NMFS prepared the amendment on behalf of the Councils and declared a transmittal date May 12, 2015. Both Councils have reviewed the Baseline Amendment proposed rule regulations as drafted by NMFS and deemed them to be necessary and appropriate as specified in section 303(c) of the MSA. If approved by NMFS, this amendment would simplify the specifications considered when determining a vessel's baseline for replacement purposes developed by the MAFMC and NEFMC. Background The MAFMC developed the first limited entry program in 1977 for the surfclam/quahog fishery, which included restrictions on replacement vessels. This program required that a replacement vessel be of ``substantially similar capacity'' in an effort to maintain and not increase the harvest capacity of the fleet at that time. Over the following two decades, the MAFMC and NEFMC implemented additional limited entry programs. By 1998, there were four different sets of vessel upgrade and replacement restrictions among the various FMPs. The upgrade restrictions became confusing for fishing industry members with more than one limited access permit, because each permit had the potential to have different vessel upgrade regulations apply. In addition, some vessels added limited access permits to their vessel that originally qualified on another vessel that was a different size and/or horsepower. This results in a vessel having multiple baselines. Thus, in 1999, the MAFMC and NEFMC, in consultation with NMFS, developed an amendment to Achieve Regulatory Consistency on Permit Related Provisions for Vessels Issued Limited Access Federal Fishery Permits (64 FR 8263, February 19, 1999) (Consistency Amendment) to streamline and make consistent baseline provisions and upgrade restrictions across FMPs. The Consistency Amendment standardized definitions and restrictions for vessel baselines, upgrades, and replacements across all limited access fisheries. It simplified regulations for vessel replacements, permit transfers, and vessel upgrades, making them consistent and less restrictive in order to facilitate business transactions. Although the Consistency Amendment did standardize the vessel baseline requirements for the fisheries of the northeast, some burdensome requirements remain. Under current restrictions, a vessel baseline is defined by vessel length overall, gross tonnage, net tonnage, and horsepower. We determine the baseline for a limited access permit based on the size (length, gross tonnage, and net tonnage) and horsepower of the first vessel issued a limited access permit for that fishery or, for fisheries that adopted baseline restrictions through the Consistency Amendment, the permitted vessel at the time the final rule became effective. Current baseline regulations require that a replacement vessel or an upgrade made to an existing vessel with a [[Page 28218]] limited access permit be within 10 percent of the size and 20 percent of the horsepower of the permit's baseline vessel. To respect the NEFMC and the MAFMC's intended baseline restrictions of individual fisheries, for vessels with multiple baselines, we use the most restrictive of the baselines to judge the approval of a replacement vessel or upgrade, unless the permit holder chooses to relinquish the more restrictive permit. In addition, current baseline regulations limit permit holders to a one-time upgrade of the vessel size and horsepower specifications. For example, we limit a vessel owner that has a 60-ft (18.3-m) baseline length to upgrading to a vessel of up to 66 ft (20.1 m). However, if he moves his permit to a 62-ft (18.9-m) vessel for any reason, it would constitute his one-time size upgrade and he would lose the ability to later upgrade to a vessel of 66 ft (20.1 m). He would only be able to move his permit to a vessel of 62 ft (18.9 m) or less. Because he used his one-time size upgrade, he would not be able upgrade the vessel's tonnages. He would still be able to use his horsepower upgrade to upgrade his horsepower by 20 percent, but only once. The Baseline Amendment would: 1. Eliminate gross and net tonnage from the baseline specifications considered 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. There is more than one acceptable method of determining tonnages, and the tonnages of a vessel can vary significantly depending on whether an exact measurement or simplified calculation is used. In addition, vessel owners can circumvent net tonnage limits by modifying internal bulkheads. Eliminating tonnages would simplify the vessel baseline verification and replacement process. In addition, it could reduce the cost burden on the industry if they only need horsepower verification because this would eliminate the need for a marine survey prior to any permit transactions. 2. Remove the one-time limit on vessel upgrades. Eliminating the one-time upgrade limit would provide more flexibility for vessel owners in the selection of replacement vessels and upgrades to existing vessels. Some vessel owners have been constrained by the one-time limit because they or a previous owner did not maximize the one-time upgrade with a previous vessel replacement, due to cost or availability or for other reasons, and have since been unable to further upgrade the vessel. Eliminating the one-time limit would 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. This rule proposes to remove the requirement for vessels to send in negative fishing reports (i.e., ``did not fish'' reports) during months or weeks when fishing did not occur. This was not part of the Baseline Amendment, but is the result of an internal review of the trip-level reporting requirements conducted by the joint Greater Atlantic Regional Fisheries Office-Northeast Fisheries Science Center Fishery Dependent Data Committee (FDDC) during the past year. The division of the Office of Management and Budget (OMB) responsible for the Paperwork Reduction Act (PRA), in the interest of reducing compliance costs for small businesses, noted a potential cost savings for fishermen if we remove the DNF report and asked that we investigate the possibility of removing it. As a result of that review, the FDDC has recommended that the negative fishing reports are no longer necessary because the ability to determine if a vessel has engaged in fishing activity and submitted required trip reports has increased in recent years due to improved trip-level data matching and the expansion of other monitoring systems (e.g., Vessel Monitoring Systems). Therefore, in order to simplify the regulations and reduce reporting burdens for the industry, we are proposing to eliminate the requirement in this action under the Secretary's authority at section 305(d) of the Magnuson-Stevens Act. Vessel owners would still be required to report all fishing trip activity on a monthly or weekly basis, depending on the requirements associated with their vessel permits. We are soliciting public comments on the Baseline Amendment and its incorporated documents through the end of the comment period stated in this notice of availability. A proposed rule that would implement the revised Baseline Amendment will be published in the Federal Register for additional public comment. NMFS will evaluate the proposed rule under the procedures of the Magnuson-Stevens Act. Public comments on the proposed rule must be received by the end of the comment period provided in this notice of availability of the Baseline Amendment to be considered in the approval/disapproval decision on the amendment. All comments received by July 17, 2015, whether specifically directed to the Baseline Amendment or the proposed rule will be considered in the approval/disapproval decision on the amendment. To be considered, comments must be received by close of business on the last day of the comment period. Comments received after that date will not be considered in the decision to approve or disapprove the revised Baseline Amendment, including those postmarked or otherwise transmitted by the last day of the comment period. Authority: 16 U.S.C. 1801 et seq. Dated: May 12, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-11902 Filed 5-15-15; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Proposed Rules 28217
Dated: May 11, 2015. 2. Click the ‘‘Comment Now!’’ icon, replacement purposes developed by the
Gina McCarthy, complete the required fields MAFMC and NEFMC.
Administrator. 3. Enter or attach your comments. Background
[FR Doc. 2015–11958 Filed 5–15–15; 8:45 am] Instructions: Comments sent by any
The MAFMC developed the first
BILLING CODE 6560–50–P other method, to any other address or
limited entry program in 1977 for the
individual, or received after the end of
surfclam/quahog fishery, which
the comment period, may not be
included restrictions on replacement
DEPARTMENT OF COMMERCE considered by NMFS. All comments
vessels. This program required that a
received are a part of the public record
National Oceanic and Atmospheric replacement vessel be of ‘‘substantially
and will generally be posted for public
Administration similar capacity’’ in an effort to
viewing on www.regulations.gov
maintain and not increase the harvest
without change. All personal identifying
50 CFR Part 648 capacity of the fleet at that time. Over
information (e.g., name, address, etc.),
the following two decades, the MAFMC
RIN 0648–BB40 confidential business information, or and NEFMC implemented additional
otherwise sensitive information limited entry programs. By 1998, there
Magnuson-Stevens Fishery submitted voluntarily by the sender will were four different sets of vessel
Conservation and Management Act be publicly accessible. NMFS will upgrade and replacement restrictions
Provisions; Fisheries of the accept anonymous comments (enter among the various FMPs. The upgrade
Northeastern United States; Omnibus ‘‘N/A’’ in the required fields if you wish restrictions became confusing for fishing
Amendment To Simplify Vessel to remain anonymous). industry members with more than one
Baselines Copies of the Omnibus Amendment to limited access permit, because each
AGENCY: National Marine Fisheries Simplify Vessel Baselines, and of the permit had the potential to have
Service (NMFS), National Oceanic and draft Environmental Assessment and different vessel upgrade regulations
Atmospheric Administration (NOAA), preliminary Regulatory Impact Review apply. In addition, some vessels added
Commerce. (EA/RIR), are available from the Greater limited access permits to their vessel
Atlantic Regional Fisheries Office, 55 that originally qualified on another
ACTION: Notice of availability of fishery
Great Republic Drive, Gloucester, MA vessel that was a different size and/or
management plan amendment; request
01930 The EA/RIR is also accessible via horsepower. This results in a vessel
for comments.
the Internet at: having multiple baselines. Thus, in
SUMMARY: NMFS announces that the www.greateratlantic.fisheries.noaa.gov. 1999, the MAFMC and NEFMC, in
Mid-Atlantic and New England Fishery FOR FURTHER INFORMATION CONTACT: consultation with NMFS, developed an
Management Councils have submitted Travis Ford, Fishery Policy Analyst, amendment to Achieve Regulatory
an Omnibus Amendment to the Fishery Consistency on Permit Related
978–281–9233.
Management Plans of the Northeastern Provisions for Vessels Issued Limited
United States to simplify vessel SUPPLEMENTARY INFORMATION: The Access Federal Fishery Permits (64 FR
baselines. This amendment incorporates Magnuson-Stevens Fishery 8263, February 19, 1999) (Consistency
a draft Environmental Assessment and Conservation and Management Act Amendment) to streamline and make
preliminary Regulatory Impact Review, (Magnuson-Stevens Act) requires that consistent baseline provisions and
for review and approval by the Secretary each Regional Fishery Management upgrade restrictions across FMPs.
of Commerce, and NMFS is requesting Council submit any Fishery The Consistency Amendment
comments from the public. The Management Plan (FMP) amendment it standardized definitions and restrictions
Omnibus Amendment to Simplify prepares to NMFS for review and for vessel baselines, upgrades, and
Vessel Baselines would eliminate the approval, disapproval, or partial replacements across all limited access
one-time limit on vessel upgrades and approval. The Magnuson-Stevens Act fisheries. It simplified regulations for
remove gross and net tonnages from also requires that NMFS, upon receiving vessel replacements, permit transfers,
vessel baseline specifications an FMP amendment, immediately and vessel upgrades, making them
considered when determining a vessel’s publish notification in the Federal consistent and less restrictive in order to
baseline for replacement purposes. Register that the amendment is facilitate business transactions.
Implementing these measures would available for public review and Although the Consistency Amendment
reduce the administrative burden to comment. The New England Fishery did standardize the vessel baseline
permit holders and NMFS, and would Management Council (NEFMC) and the requirements for the fisheries of the
have little effect on fleet capacity. This Mid-Atlantic Fishery Management northeast, some burdensome
action would also remove the Council (MAFMC) approved this requirements remain. Under current
requirement for vessels to send in Baseline Amendment, which would restrictions, a vessel baseline is defined
negative fishing reports (i.e., ‘‘did not simplify vessel baseline requirements, at by vessel length overall, gross tonnage,
fish’’ reports) during months or weeks their November 18, 2014, and October 8, net tonnage, and horsepower. We
when fishing did not occur. 2014, meetings, respectively. NMFS determine the baseline for a limited
DATES: Comments must be received on prepared the amendment on behalf of access permit based on the size (length,
or before July 17, 2015. the Councils and declared a transmittal gross tonnage, and net tonnage) and
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ADDRESSES: You may submit comments, date May 12, 2015. Both Councils have horsepower of the first vessel issued a
identified by NOAA–NMFS–2011–0213, reviewed the Baseline Amendment limited access permit for that fishery or,
by any one of the following methods. proposed rule regulations as drafted by for fisheries that adopted baseline
Electronic Submission: Submit all NMFS and deemed them to be necessary restrictions through the Consistency
electronic public comments via the and appropriate as specified in section Amendment, the permitted vessel at the
Federal e-Rulemaking Portal. 303(c) of the MSA. If approved by time the final rule became effective.
1. Go to www.regulations.gov/ NMFS, this amendment would simplify Current baseline regulations require
#!docketDetail;D=NOAA-NMFS-2011- the specifications considered when that a replacement vessel or an upgrade
0213, determining a vessel’s baseline for made to an existing vessel with a
VerDate Sep<11>2014 18:36 May 15, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\18MYP1.SGM 18MYP1](https://thefederalregister.org/doc/80_FR_28312/page/1.svg)
![28218 Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Proposed Rules
limited access permit be within 10 industry if they only need horsepower systems (e.g., Vessel Monitoring
percent of the size and 20 percent of the verification because this would Systems). Therefore, in order to simplify
horsepower of the permit’s baseline eliminate the need for a marine survey the regulations and reduce reporting
vessel. To respect the NEFMC and the prior to any permit transactions. burdens for the industry, we are
MAFMC’s intended baseline restrictions 2. Remove the one-time limit on proposing to eliminate the requirement
of individual fisheries, for vessels with vessel upgrades. Eliminating the one- in this action under the Secretary’s
multiple baselines, we use the most time upgrade limit would provide more authority at section 305(d) of the
restrictive of the baselines to judge the flexibility for vessel owners in the Magnuson-Stevens Act. Vessel owners
approval of a replacement vessel or selection of replacement vessels and would still be required to report all
upgrade, unless the permit holder upgrades to existing vessels. Some fishing trip activity on a monthly or
chooses to relinquish the more vessel owners have been constrained by weekly basis, depending on the
restrictive permit. In addition, current the one-time limit because they or a requirements associated with their
baseline regulations limit permit previous owner did not maximize the vessel permits.
holders to a one-time upgrade of the one-time upgrade with a previous vessel
vessel size and horsepower replacement, due to cost or availability We are soliciting public comments on
specifications. For example, we limit a or for other reasons, and have since the Baseline Amendment and its
vessel owner that has a 60-ft (18.3-m) been unable to further upgrade the incorporated documents through the
baseline length to upgrading to a vessel vessel. Eliminating the one-time limit end of the comment period stated in this
of up to 66 ft (20.1 m). However, if he would also simplify the baseline notice of availability. A proposed rule
moves his permit to a 62-ft (18.9-m) verification and vessel replacement that would implement the revised
vessel for any reason, it would process for vessel owners and NMFS by Baseline Amendment will be published
constitute his one-time size upgrade and eliminating the need to research and in the Federal Register for additional
he would lose the ability to later document whether a vessel owner used public comment. NMFS will evaluate
upgrade to a vessel of 66 ft (20.1 m). He the one-time upgrade during the vessel’s the proposed rule under the procedures
would only be able to move his permit entire limited access history. of the Magnuson-Stevens Act. Public
to a vessel of 62 ft (18.9 m) or less. This rule proposes to remove the comments on the proposed rule must be
Because he used his one-time size requirement for vessels to send in received by the end of the comment
upgrade, he would not be able upgrade negative fishing reports (i.e., ‘‘did not period provided in this notice of
the vessel’s tonnages. He would still be fish’’ reports) during months or weeks availability of the Baseline Amendment
able to use his horsepower upgrade to when fishing did not occur. This was to be considered in the approval/
upgrade his horsepower by 20 percent, not part of the Baseline Amendment, disapproval decision on the
but only once. but is the result of an internal review of amendment. All comments received by
The Baseline Amendment would: the trip-level reporting requirements July 17, 2015, whether specifically
1. Eliminate gross and net tonnage conducted by the joint Greater Atlantic directed to the Baseline Amendment or
from the baseline specifications Regional Fisheries Office-Northeast the proposed rule will be considered in
considered when determining a vessel’s Fisheries Science Center Fishery
the approval/disapproval decision on
baseline for replacement purposes. Both Dependent Data Committee (FDDC)
the amendment. To be considered,
the Councils and NMFS consider during the past year. The division of the
comments must be received by close of
tonnages the most variable of vessel Office of Management and Budget
business on the last day of the comment
baseline specifications and, therefore, (OMB) responsible for the Paperwork
they have little effect on limiting vessel Reduction Act (PRA), in the interest of period. Comments received after that
capacity when compared to length and reducing compliance costs for small date will not be considered in the
horsepower restrictions. There is more businesses, noted a potential cost decision to approve or disapprove the
than one acceptable method of savings for fishermen if we remove the revised Baseline Amendment, including
determining tonnages, and the tonnages DNF report and asked that we those postmarked or otherwise
of a vessel can vary significantly investigate the possibility of removing transmitted by the last day of the
depending on whether an exact it. As a result of that review, the FDDC comment period.
measurement or simplified calculation has recommended that the negative Authority: 16 U.S.C. 1801 et seq.
is used. In addition, vessel owners can fishing reports are no longer necessary
Dated: May 12, 2015.
circumvent net tonnage limits by because the ability to determine if a
modifying internal bulkheads. vessel has engaged in fishing activity Emily H. Menashes,
Eliminating tonnages would simplify and submitted required trip reports has Acting Director, Office of Sustainable
the vessel baseline verification and increased in recent years due to Fisheries, National Marine Fisheries Service.
replacement process. In addition, it improved trip-level data matching and [FR Doc. 2015–11902 Filed 5–15–15; 8:45 am]
could reduce the cost burden on the the expansion of other monitoring BILLING CODE 3510–22–P
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
VerDate Sep<11>2014 18:36 May 15, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4702 Sfmt 9990 E:\FR\FM\18MYP1.SGM 18MYP1](https://thefederalregister.org/doc/80_FR_28312/page/2.svg)
Document Created: 2015-12-16 07:38:38
Document Modified: 2015-12-16 07:38:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of availability of fishery management plan amendment; request for comments. | |
| Dates | Comments must be received on or before July 17, 2015. | |
| Contact | Travis Ford, Fishery Policy Analyst, 978-281-9233. | |
| FR Citation | 80 FR 28217 | |
| RIN Number | 0648-BB40 |
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