81 FR 42290 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 125 (June 29, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 125 (June 29, 2016)
| Page Range | 42290-42291 | |
| FR Document | 2016-15333 |
[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)] [Rules and Regulations] [Pages 42290-42291] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15333] [[Page 42290]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 160622548-6548-01] RIN 0648-BG16 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: NMFS is announcing a change in the dealer landings reporting methodology for Atlantic bluefin tuna (BFT) from use of handwritten and faxed landings reports to use of an electronic reporting system via the Internet. The online BFT dealer report system is now available, and NMFS has determined that expedited transition to this online system is in the public interest and necessary to maintain accurate reporting given issues with the software currently being used to process faxed documents. This rule specifies the effective date for use of the online system and elimination of the fax option. These requirements apply to all Highly Migratory Species (HMS) dealers with a valid Atlantic Tunas dealer permit issued under applicable regulations. DATES: This final rule is effective July 28, 2016. Public conference call and webinars will be held on July 19 and July 22, from 1:30 to 3:30 p.m., Eastern Daylight Time. ADDRESSES: For details on the call-in and Web site information for the two public conference call and webinars, please see the table in the SUPPLEMENTARY INFORMATION section, under the ``Public Conference Call and Webinars'' heading. FOR FURTHER INFORMATION CONTACT: Brad McHale or Dianne Stephan, 978- 281-9260. SUPPLEMENTARY INFORMATION: Regulations implemented 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.) governing the harvest of bluefin tuna by persons and vessels subject to U.S. jurisdiction, and the associated reporting obligations, are found at 50 CFR part 635. Section 635.5(b)(2)(i) specifies that each dealer with a valid Atlantic Tunas dealer permit issued under Sec. 635.4 must submit the landing reports to NMFS for each bluefin received from a U.S. fishing vessel. Such reports must be submitted electronically by sending a facsimile or, once available, via the Internet, to a number or a web address designated by NMFS not later than 24 hours after receipt of the bluefin. Landing reports must include the name and permit number of the vessel that landed the bluefin and other information regarding the catch as instructed by NMFS. The purpose of this final rule is to notify Atlantic bluefin tuna dealers that the online reporting system anticipated by the regulations is now available and that landings reports may no longer be submitted electronically by fax (i.e., dealers may no longer fax the paper landings report). NMFS is publishing this rule without a prior proposed rule because the software NMFS uses to process the faxed forms is no longer supported and thus is unreliable and could affect reporting. Furthermore, the online reporting process will simplify and improve reporting, should not impact any members of the regulated community negatively, and will not change the substance or value of the reports. Thus, it is in the best interest of the regulated public. In addition to this rule, NMFS will notify the regulated community of this change through directed outreach to bluefin tuna dealers via phone calls. NMFS will hold two webinars (see Table 1 below) with instructions on use of the system, and a user manual will be posted online. No other aspects of the landings reporting system or associated requirements are affected by this final rule. Public Conference Call and Webinars NMFS will hold two public conference call and webinars to provide further information about the requirements of the final rule and use of the online BFT dealer reporting system. To participate in those calls, use the following information: Table 1--Date and Time of Public Conference Call and Webinars ------------------------------------------------------------------------ Date and time Access information ------------------------------------------------------------------------ July 19, 2016 1:30-3:30 p.m. To participate in conference call, Eastern Daylight Time. call: (888) 635-5002. Passcode: 2877751. To participate in webinar, go to: https://noaaevents2.webex.com/noaaevents2/onstage/g.php?MTID=ecb8d03bf09bf6d8dc1994502f9d2fc98 2f9d2fc98. Meeting Number: 992 843 839. Meeting Password: NOAA. July 22, 2016 1:30-3:30 p.m. To participate in conference call, Eastern Daylight Time. call: (888) 942-8620. Passcode: 2999547. To participate in webinar, go to: https://noaaevents2.webex.com/noaaevents2/onstage/g.php?MTID=e81c6abcd4d57bed7067b7eb38b39d355 38b39d355. Meeting Number: 999 222 449. Meeting Password: NOAA. ------------------------------------------------------------------------ To participate in the webinars online, enter your name and email address, and click the ``JOIN'' button. Participants that have not used WebEx before will be prompted to download and run a plug-in program that will enable them to view the webinar. Presentation materials and other supporting information will be posted on the HMS Web site at www.nmfs.noaa.gov/sfa/hms. Classification The Assistant Administrator for NMFS (AA) has determined that this final rule is consistent with the Magnuson-Stevens Act, the 2006 Consolidated Atlantic HMS FMP and its amendments, ATCA, and other applicable law. The AA finds that it is impracticable and contrary to the public interest to provide an opportunity for public comment on this action for the following reasons: In 2005, NMFS notified the regulated community that NMFS anticipated [[Page 42291]] using an online (Internet) reporting system to meet landings reporting requirements ``once available,'' and public comment was supportive of this approach. See the Proposed Rule to consolidate the Fishery Management Plan (FMP) for Atlantic Tunas, Swordfish, and Sharks and the FMP for Atlantic Billfish (70 FR 48804 at 48821, 48830, August 19, 2005) and the Final Rule to implement the Final Consolidated HMS FMP (71 FR 58058, October 2, 2006). NMFS is not providing an opportunity for additional notice and comment on this final rule because such notice and comment would be impracticable and contrary to the public interest. NMFS was recently notified that the vendor who provides the software that has been used to process the faxed landings reports is ending support for that software, making its continued functionality and reliability uncertain. Failure of this system could result in severe delays in reporting necessary to meet NMFS' international and domestic obligations and affect NMFS' ability to monitor the fishery. Thus, it is in the public interest for the transition to the online (Internet) reporting system to occur quickly to ensure that landings data continue to be entered quickly and the fishery is accurately monitored so that quotas are not exceeded, the fishery is properly managed, and reports are timely submitted as required to comply with international and domestic requirements. Furthermore, the changes in this final rule will make it easier for bluefin tuna dealers to report landings data by providing a less burdensome online system in lieu of using paper landings reports and fax machines and will be more reliable. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive the opportunity for public comment. This final rule has been determined to be not significant for purposes of Executive Order 12866. Additionally, although there are no new collection-of-information requirements associated with this action that are subject to the Paperwork Reduction Act, existing collection-of information requirements still apply under the following Control Number: (1) 0648- 0040, the HMS Dealer Reporting Family of Forms. Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to 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. Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable. List of Subjects in 50 CFR Part 635 Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, Penalties, Reporting and recordkeeping requirements, Treaties. Dated: June 23, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 635 is amended as follows: PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES 0 1. The authority citation for part 635 continues to read as follows: Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq. 0 2. In Sec. 635.5, revise paragraph (b)(2)(i)(A) to read as follows: Sec. 635.5 Recordkeeping and reporting. * * * * * (b) * * * (2) * * * (i) * * * (A) Landing reports. Each dealer with a valid Atlantic Tunas dealer permit issued under Sec. 635.4 must submit the landing reports to NMFS for each bluefin received from a U.S. fishing vessel. Such reports must be submitted electronically via the Internet to a number or a web address designated by NMFS not later than 24 hours after receipt of the bluefin. Landing reports must include the name and permit number of the vessel that landed the bluefin and other information regarding the catch as instructed by NMFS. When purchasing bluefin tuna from eligible IBQ Program participants or Atlantic Tunas Purse Seine category participants, permitted Atlantic Tunas dealers must also enter landing reports into the electronic IBQ System established under Sec. 635.15, not later than 24 hours after receipt of the bluefin. The vessel owner or operator must confirm that the IBQ System landing report information is accurate by entering a unique PIN when the dealer report is submitted. The dealer must inspect the vessel's permit to verify that it is a commercial category, the required vessel name and permit number as listed on the permit are correctly recorded in the landing report, and that the vessel permit has not expired. * * * * * [FR Doc. 2016-15333 Filed 6-28-16; 8:45 am] BILLING CODE 3510-22-P
![42290 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations
DEPARTMENT OF COMMERCE webinars will be held on July 19 and Atlantic bluefin tuna dealers that the
July 22, from 1:30 to 3:30 p.m., Eastern online reporting system anticipated by
National Oceanic and Atmospheric Daylight Time. the regulations is now available and that
Administration ADDRESSES: For details on the call-in landings reports may no longer be
and Web site information for the two submitted electronically by fax (i.e.,
50 CFR Part 635 public conference call and webinars, dealers may no longer fax the paper
[Docket No. 160622548–6548–01] please see the table in the landings report).
SUPPLEMENTARY INFORMATION section, NMFS is publishing this rule without
RIN 0648–BG16 under the ‘‘Public Conference Call and a prior proposed rule because the
Webinars’’ heading. software NMFS uses to process the
Atlantic Highly Migratory Species;
FOR FURTHER INFORMATION CONTACT: Brad faxed forms is no longer supported and
Atlantic Bluefin Tuna Fisheries
McHale or Dianne Stephan, 978–281– thus is unreliable and could affect
AGENCY: National Marine Fisheries 9260. reporting. Furthermore, the online
Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: reporting process will simplify and
Atmospheric Administration (NOAA), Regulations implemented under the improve reporting, should not impact
Commerce. authority of the Atlantic Tunas any members of the regulated
ACTION: Final rule. Convention Act (ATCA; 16 U.S.C. 971 et community negatively, and will not
seq.) and the Magnuson-Stevens Fishery change the substance or value of the
SUMMARY: NMFS is announcing a
Conservation and Management Act reports. Thus, it is in the best interest of
change in the dealer landings reporting
(Magnuson-Stevens Act; 16 U.S.C. 1801 the regulated public.
methodology for Atlantic bluefin tuna
et seq.) governing the harvest of bluefin In addition to this rule, NMFS will
(BFT) from use of handwritten and
tuna by persons and vessels subject to notify the regulated community of this
faxed landings reports to use of an
U.S. jurisdiction, and the associated
electronic reporting system via the change through directed outreach to
reporting obligations, are found at 50
Internet. The online BFT dealer report bluefin tuna dealers via phone calls.
CFR part 635. Section 635.5(b)(2)(i)
system is now available, and NMFS has NMFS will hold two webinars (see
specifies that each dealer with a valid
determined that expedited transition to Table 1 below) with instructions on use
Atlantic Tunas dealer permit issued
this online system is in the public under § 635.4 must submit the landing of the system, and a user manual will be
interest and necessary to maintain reports to NMFS for each bluefin posted online. No other aspects of the
accurate reporting given issues with the received from a U.S. fishing vessel. landings reporting system or associated
software currently being used to process Such reports must be submitted requirements are affected by this final
faxed documents. This rule specifies the electronically by sending a facsimile or, rule.
effective date for use of the online once available, via the Internet, to a
system and elimination of the fax Public Conference Call and Webinars
number or a web address designated by
option. These requirements apply to all NMFS not later than 24 hours after NMFS will hold two public
Highly Migratory Species (HMS) dealers receipt of the bluefin. Landing reports conference call and webinars to provide
with a valid Atlantic Tunas dealer must include the name and permit further information about the
permit issued under applicable number of the vessel that landed the requirements of the final rule and use of
regulations. bluefin and other information regarding the online BFT dealer reporting system.
DATES: This final rule is effective July the catch as instructed by NMFS. The To participate in those calls, use the
28, 2016. Public conference call and purpose of this final rule is to notify following information:
TABLE 1—DATE AND TIME OF PUBLIC CONFERENCE CALL AND WEBINARS
Date and time Access information
July 19, 2016 1:30–3:30 p.m. Eastern Daylight To participate in conference call, call: (888) 635–5002.
Time. Passcode: 2877751.
To participate in webinar, go to: https://noaaevents2.webex.com/noaaevents2/onstage/g.php
?MTID=ecb8d03bf09bf6d8dc1994502f9d2fc98.
Meeting Number: 992 843 839.
Meeting Password: NOAA.
July 22, 2016 1:30–3:30 p.m. Eastern Daylight To participate in conference call, call: (888) 942–8620.
Time. Passcode: 2999547.
To participate in webinar, go to: https://noaaevents2.webex.com/noaaevents2/onstage/g.php
?MTID=e81c6abcd4d57bed7067b7eb38b39d355.
Meeting Number: 999 222 449.
Meeting Password: NOAA.
To participate in the webinars online, Web site at www.nmfs.noaa.gov/sfa/ amendments, ATCA, and other
enter your name and email address, and hms. applicable law.
mstockstill on DSK3G9T082PROD with RULES
click the ‘‘JOIN’’ button. Participants The AA finds that it is impracticable
Classification
that have not used WebEx before will be and contrary to the public interest to
prompted to download and run a plug- The Assistant Administrator for provide an opportunity for public
in program that will enable them to NMFS (AA) has determined that this comment on this action for the
view the webinar. Presentation final rule is consistent with the following reasons:
materials and other supporting Magnuson-Stevens Act, the 2006 In 2005, NMFS notified the regulated
information will be posted on the HMS Consolidated Atlantic HMS FMP and its community that NMFS anticipated
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![Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations 42291
using an online (Internet) reporting comment are not required for this rule report, and that the vessel permit has
system to meet landings reporting by 5 U.S.C. 553, or any other law, the not expired.
requirements ‘‘once available,’’ and analytical requirements of the * * * * *
public comment was supportive of this Regulatory Flexibility Act, 5 U.S.C. 601 [FR Doc. 2016–15333 Filed 6–28–16; 8:45 am]
approach. See the Proposed Rule to et seq., are inapplicable. BILLING CODE 3510–22–P
consolidate the Fishery Management
Plan (FMP) for Atlantic Tunas, List of Subjects in 50 CFR Part 635
Swordfish, and Sharks and the FMP for Fisheries, Fishing, Fishing vessels, DEPARTMENT OF COMMERCE
Atlantic Billfish (70 FR 48804 at 48821, Foreign relations, Imports, Penalties,
48830, August 19, 2005) and the Final Reporting and recordkeeping National Oceanic and Atmospheric
Rule to implement the Final requirements, Treaties. Administration
Consolidated HMS FMP (71 FR 58058,
Dated: June 23, 2016.
October 2, 2006). NMFS is not providing 50 CFR Part 648
an opportunity for additional notice and Samuel D. Rauch III,
comment on this final rule because such Deputy Assistant Administrator for [Docket No. 140902739–5224–02]
notice and comment would be Regulatory Programs, National Marine
Fisheries Service. RIN 0648–XE697
impracticable and contrary to the public
interest. NMFS was recently notified For the reasons set out in the Fisheries of the Northeastern United
that the vendor who provides the preamble, 50 CFR part 635 is amended States; Atlantic Mackerel, Squid, and
software that has been used to process as follows: Butterfish Fishery; 2016 Longfin Squid
the faxed landings reports is ending Trimester II Quota Harvested
support for that software, making its PART 635—ATLANTIC HIGHLY
continued functionality and reliability MIGRATORY SPECIES AGENCY: National Marine Fisheries
uncertain. Failure of this system could Service (NMFS), National Oceanic and
result in severe delays in reporting ■ 1. The authority citation for part 635 Atmospheric Administration (NOAA),
necessary to meet NMFS’ international continues to read as follows: Commerce.
and domestic obligations and affect Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. ACTION: Temporary rule; reduction of
NMFS’ ability to monitor the fishery. 1801 et seq. possession limit.
Thus, it is in the public interest for the
transition to the online (Internet) ■ 2. In § 635.5, revise paragraph SUMMARY: NMFS is prohibiting—
reporting system to occur quickly to (b)(2)(i)(A) to read as follows: beginning June 27, 2016, and ending
ensure that landings data continue to be August 31, 2016—Federal longfin squid
§ 635.5 Recordkeeping and reporting.
entered quickly and the fishery is vessel permit holders from fishing for,
accurately monitored so that quotas are * * * * * catching, possessing, transferring, or
not exceeded, the fishery is properly (b) * * * landing more than 2,500 lb (907.2 kg) of
managed, and reports are timely (2) * * * longfin squid per trip and landing such
submitted as required to comply with (i) * * * squid more than once per calendar day.
international and domestic This prohibition is required by
requirements. Furthermore, the changes (A) Landing reports. Each dealer with regulation because NMFS projects that
in this final rule will make it easier for a valid Atlantic Tunas dealer permit 90 percent of the 2016 annual Trimester
bluefin tuna dealers to report landings issued under § 635.4 must submit the II seasonal catch limit will have been
data by providing a less burdensome landing reports to NMFS for each caught by the effective date. In addition,
online system in lieu of using paper bluefin received from a U.S. fishing based on this determination, other
landings reports and fax machines and vessel. Such reports must be submitted restrictions regarding catch of longfin
will be more reliable. Therefore, the AA electronically via the Internet to a squid by federally permitted Illex squid
finds good cause under 5 U.S.C. number or a web address designated by vessels and buying longfin squid by
553(b)(B) to waive the opportunity for NMFS not later than 24 hours after federally permit dealers go into place.
public comment. receipt of the bluefin. Landing reports This action is intended to prevent over
This final rule has been determined to must include the name and permit harvest of longfin squid during
be not significant for purposes of number of the vessel that landed the Trimester II.
Executive Order 12866. bluefin and other information regarding
DATES: Effective 0001 hr local time, June
Additionally, although there are no the catch as instructed by NMFS. When
purchasing bluefin tuna from eligible 27, 2016, through August 31, 2016.
new collection-of-information
requirements associated with this action IBQ Program participants or Atlantic FOR FURTHER INFORMATION CONTACT:
that are subject to the Paperwork Tunas Purse Seine category participants, Daniel Luers, Fishery Management
Reduction Act, existing collection-of permitted Atlantic Tunas dealers must Specialist, (978) 282–8457.
information requirements still apply also enter landing reports into the SUPPLEMENTARY INFORMATION: The reader
under the following Control Number: (1) electronic IBQ System established under can find regulations governing the
0648–0040, the HMS Dealer Reporting § 635.15, not later than 24 hours after longfin squid fishery at 50 CFR part 648.
Family of Forms. Notwithstanding any receipt of the bluefin. The vessel owner The regulations require specifications
other provision of the law, no person is or operator must confirm that the IBQ for maximum sustainable yield, initial
required to respond to, and no person System landing report information is optimum yield, allowable biological
mstockstill on DSK3G9T082PROD with RULES
shall be subject to penalty for failure to accurate by entering a unique PIN when catch (ABC), domestic annual harvest
comply with, a collection-of- the dealer report is submitted. The (DAH), domestic annual processing,
information subject to the requirements dealer must inspect the vessel’s permit joint venture processing, and total
of the PRA, unless that collection-of- to verify that it is a commercial allowable levels of foreign fishing for
information displays a currently valid category, the required vessel name and the species managed under the Atlantic
OMB control number. Because prior permit number as listed on the permit Mackerel, Squid, and Butterfish Fishery
notice and opportunity for public are correctly recorded in the landing Management Plan (FMP). The
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Document Created: 2018-02-08 07:42:58
Document Modified: 2018-02-08 07:42:58
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective July 28, 2016. Public conference call and webinars will be held on July 19 and July 22, from 1:30 to 3:30 p.m., Eastern Daylight Time. | |
| Contact | Brad McHale or Dianne Stephan, 978- 281-9260. | |
| FR Citation | 81 FR 42290 | |
| RIN Number | 0648-BG16 | |
| CFR Associated | Fisheries; Fishing; Fishing Vessels; Foreign Relations; Imports; Penalties; Reporting and Recordkeeping Requirements and Treaties |
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