82 FR 23770 - Fisheries of the Northeastern United States; Regulatory Omnibus Framework Adjustment To Modify Reporting Requirements for Electronic Vessel Trip Reports by Federally Permitted Party and Charter Vessel Operators in the Mid-Atlantic Region
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 99 (May 24, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 99 (May 24, 2017)
| Page Range | 23770-23771 | |
| FR Document | 2017-10591 |
[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)] [Proposed Rules] [Pages 23770-23771] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10591] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 170113076-7463-01] RIN 0648-BG60 Fisheries of the Northeastern United States; Regulatory Omnibus Framework Adjustment To Modify Reporting Requirements for Electronic Vessel Trip Reports by Federally Permitted Party and Charter Vessel Operators in the Mid-Atlantic Region AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule, request for comments. ----------------------------------------------------------------------- SUMMARY: The Omnibus Electronic Vessel Trip Report Framework proposes management measures to increase the timeliness, accuracy, and quality of fisheries data submitted to NMFS while also reducing the burden on the charter and party fishing fleets. The electronic vessel trip report Framework would implement a requirement for charter and party vessels that hold a permit to fish for Atlantic bluefish, black sea bass, scup, summer flounder, tilefish, squid, Atlantic mackerel, and/or butterfish, while on a trip carrying passengers for hire, to submit required VTRs by electronic means. These proposed measures are intended to improve the timeliness and accuracy of charter and party vessel trip reporting. DATES: Public comments must be received by June 23, 2017. ADDRESSES: Copies of supporting documents used by the Mid-Atlantic Fishery Management Council, including the Proposed Framework Adjustment with Regulatory Impact Review (RIR) is available from: Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, 800 North State Street, Suite 201, Dover, DE 19901, telephone (302) 674-2331. The Proposed Framework/RIR is also accessible via the Internet at http://www.greateratlantic.fisheries.noaa.gov. You may submit comments, identified by NOAA-NMFS-2017-0043, by either of the following methods: --Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0043, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. --Mail: Submit written comments to NMFS, Greater Atlantic Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope ``Comments on Omnibus eVTR Framework.'' 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). Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this proposed rule may be submitted to the Greater Atlantic Regional Fisheries Office and by email to [email protected] or fax to (202) 395-5806. FOR FURTHER INFORMATION CONTACT: Daniel Luers, Fishery Management Specialist, (978) 282-8457, fax (978) 281-9135. SUPPLEMENTARY INFORMATION: Background For the past 25 years, NMFS has mandated reporting of catch, landings, and trip information through vessel trip reports (VTRs). Between 1992 and 1996, NMFS implemented this requirement for most vessels holding Federal fishing permits in Northeast Atlantic fisheries. In 2004, mandatory electronic reporting by federally permitted dealers was implemented for almost all federally-managed species. Requirements for weekly submissions of VTRs were implemented in 2010 for fisheries under catch shares, with weekly reporting later expanded to herring, mackerel, and surf clam/ocean quahog IFQ fisheries. In July 2011, the NMFS Greater Atlantic Regional Fisheries Office approved the use of electronic reporting of VTRs on a limited and voluntary basis for a segment of the groundfish fleet, and, in 2013, NMFS made electronic vessel trip reports (eVTRs) available as an alternative to submitting handwritten hardcopies for all Mid-Atlantic and New England Fishery Management Council fishery management plans (FMPs). Owners and operators of vessels possessing permits for fisheries managed by Mid-Atlantic Fishery Management Council (MAFMC) FMPs are required to submit a VTR for every commercial, party, or charter trip taken, regardless of where they fish (state or Federal waters) or what they catch. MAFMC-managed species that include a for-hire VTR requirement include black sea bass, bluefish, scup, summer flounder, tilefish, Atlantic mackerel, squid, and butterfish. Current regulations require vessel owners or operators with permits for MAFMC-managed species to submit VTRs monthly to NMFS's Greater Atlantic Regional Fisheries Office (GARFO) by the 15th day of the month following the month in which the trip occurred. The Atlantic Mackerel, Squid, and Butterfish FMP requires weekly VTR reporting. If a trip encompasses multiple NMFS statistical areas, a separate VTR must be submitted for each statistical area where fishing activity takes place. A separate VTR is also required for each reporting period. If a vessel does not land any fish on a trip, all trip information must be completed and ``No Catch'' entered in as the species code name. A VTR is required regardless of where fishing occurs, meaning that a vessel subject to these requirements in the Greater Atlantic must report even if they fish in the Southeast or any other region (does not apply to vessels holding only an American lobster permit). Since VTRs are in addition to any other reports which may be required by other Regions or plans, multiple reports may be required. VTRs, and any records upon which the reports were based, must be kept on board the vessel for at least one year and retained by the owner/operator for a total of three years after the date of the last entry on the report. Proposed Measure The Omnibus eVTR Framework would require charter and party vessels that hold a permit for species managed by MAFMC FMPs, while on a trip carrying passengers for hire, to submit VTRs by electronic means. These vessels would also be required to submit the eVTRs within 48 hours following the completion of a fishing trip. Federally permitted vessel owners and operators on commercial fishing trips [[Page 23771]] will maintain the option to submit VTRs through hardcopy by mail or through electronic means. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the NMFS Assistant Administrator has determined that this proposed rule is consistent with the Atlantic Mackerel, Squid, and Butterfish FMP; the Bluefish FMP; the Summer Flounder, Scup, and Black Sea Bass FMP; the Tilefish FMP; other provisions of the Magnuson-Stevens Act; and other applicable law, subject to further consideration after public comment. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. The proposed action contains collection-of-information requirements subject to review and approval by the Office of management and Budget (OMB) under the Paperwork Reduction Act (PRA). This requirement has been submitted to OMB for approval under Control Number 0648-0212. Public reporting burden for the new eVTR requirement is estimated to average 3 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection information. Public comment is sought regarding: Whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have 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 on these or any other aspects of the collection of information to the Regional Administrator (see ADDRESSES), and email to [email protected], or fax to (202) 395-5806. Notwithstanding any other provisions of the law, no person is required 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. All currently approved NOAA collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. Vessels that hold charter or party (for-hire) Federal permits for species managed under Mid-Atlantic Council FMPs were identified as business entities affected by this action. Any entity with combined annual fishery landing receipts less than $7.5 million for for-hire entities and $11 million for commercial entities is considered a small business. In 2015, 869 for-hire permits were owned by 785 entities. Of these entities, 171 were categorized as commercial fishing entities, 394 were categorized as for-hire entities, and 220 had no revenue in 2015. All of the 785 entities with Mid-Atlantic charter or party permits are classified as small businesses based on their revenue. Complying with the proposed eVTR requirements can be accomplished for no cost with only a personal computer (or tablet) and internet connection. The ubiquitous nature of computers and internet availability in private homes and businesses, as well as free access to both in most public libraries and other locations, provides a free or minimal cost means for permit holders to submit eVTRs. Therefore, there is little to no direct negative economic impact to permit holders. Although this low-cost option is available, for-hire captains may voluntarily choose a different reporting mechanism, additional services, or upgraded hardware options that would increase their costs to varying degrees, but those would be voluntary and not a direct result of the proposed eVTR submission requirements. Because the proposed action is not expected to have a significant economic impact on a substantial number of small entities, an initial regulatory flexibility analysis is not required and none has been prepared. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Recordkeeping and reporting requirements. Dated: May 18, 2017. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 648 is proposed to be amended as follows: PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES 0 1. The authority citation for part 648 continues to read as follows: Authority: 16 U.S.C. 1801 et seq. 0 2. In Sec. 648.7, paragraphs (b)(1)(iii) and (f)(2)(iii) are added to read as follows: Sec. 648.7 Recordkeeping and reporting requirements. * * * * * (b) * * * (1) * * * (iii) Charter/Party vessel permit owners and operators. The owner or operator of any fishing vessel that holds a Federal charter/party (for-hire) permit to fish for Atlantic bluefish, black sea bass, scup, summer flounder, tilefish, Atlantic mackerel, squid, and/or butterfish, when on a trip carrying passengers for hire, must submit the required Vessel Trip Report by electronic means. The report must contain all applicable information outlined in paragraph (b)(1)(i) of this section. * * * * * (f) * * * (2) * * * (iii) Charter/Party vessel electronic log reports, required by paragraph (b)(1)(iii) of this section, must be submitted within 48 hours after entering port at the conclusion of a trip. * * * * * [FR Doc. 2017-10591 Filed 5-23-17; 8:45 am] BILLING CODE 3510-22-P
![23770 Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Proposed Rules
Dated: May 17, 2017. You may submit comments, identified a limited and voluntary basis for a
Louise P. Wise, by NOAA–NMFS–2017–0043, by either segment of the groundfish fleet, and, in
Acting Assistant Administrator, Office of of the following methods: 2013, NMFS made electronic vessel trip
Chemical Safety and Pollution Prevention. —Electronic Submission: Submit all reports (eVTRs) available as an
[FR Doc. 2017–10547 Filed 5–23–17; 8:45 am] electronic public comments via the alternative to submitting handwritten
BILLING CODE 6560–50–P Federal e-Rulemaking Portal. Go to hardcopies for all Mid-Atlantic and New
www.regulations.gov/ England Fishery Management Council
#!docketDetail;D=NOAA-NMFS-2017- fishery management plans (FMPs).
0043, click the ‘‘Comment Now!’’ Owners and operators of vessels
DEPARTMENT OF COMMERCE icon, complete the required fields, possessing permits for fisheries
and enter or attach your comments. managed by Mid-Atlantic Fishery
National Oceanic and Atmospheric Management Council (MAFMC) FMPs
—Mail: Submit written comments to
Administration are required to submit a VTR for every
NMFS, Greater Atlantic Regional
Office, 55 Great Republic Drive, commercial, party, or charter trip taken,
50 CFR Part 648 regardless of where they fish (state or
Gloucester, MA 01930. Mark the
outside of the envelope ‘‘Comments Federal waters) or what they catch.
[Docket No. 170113076–7463–01] MAFMC-managed species that include a
on Omnibus eVTR Framework.’’
Instructions: Comments sent by any for-hire VTR requirement include black
RIN 0648–BG60 sea bass, bluefish, scup, summer
other method, to any other address or
individual, or received after the end of flounder, tilefish, Atlantic mackerel,
Fisheries of the Northeastern United
the comment period, may not be squid, and butterfish.
States; Regulatory Omnibus Current regulations require vessel
Framework Adjustment To Modify considered by NMFS. All comments
owners or operators with permits for
Reporting Requirements for Electronic received are a part of the public record
MAFMC-managed species to submit
Vessel Trip Reports by Federally and will generally be posted for public VTRs monthly to NMFS’s Greater
Permitted Party and Charter Vessel viewing on www.regulations.gov Atlantic Regional Fisheries Office
Operators in the Mid-Atlantic Region without change. All personal identifying (GARFO) by the 15th day of the month
information (e.g., name, address, etc.), following the month in which the trip
AGENCY: National Marine Fisheries confidential business information, or
Service (NMFS), National Oceanic and occurred. The Atlantic Mackerel, Squid,
otherwise sensitive information and Butterfish FMP requires weekly
Atmospheric Administration (NOAA), submitted voluntarily by the sender will
Commerce. VTR reporting. If a trip encompasses
be publicly accessible. NMFS will multiple NMFS statistical areas, a
ACTION: Proposed rule, request for accept anonymous comments (enter ‘‘N/ separate VTR must be submitted for
comments. A’’ in the required fields if you wish to each statistical area where fishing
remain anonymous). activity takes place. A separate VTR is
SUMMARY: The Omnibus Electronic Written comments regarding the
Vessel Trip Report Framework proposes also required for each reporting period.
burden-hour estimates or other aspects If a vessel does not land any fish on a
management measures to increase the of the collection-of-information
timeliness, accuracy, and quality of trip, all trip information must be
requirements contained in this proposed completed and ‘‘No Catch’’ entered in as
fisheries data submitted to NMFS while rule may be submitted to the Greater
also reducing the burden on the charter the species code name. A VTR is
Atlantic Regional Fisheries Office and required regardless of where fishing
and party fishing fleets. The electronic by email to OIRA_Submission@
vessel trip report Framework would occurs, meaning that a vessel subject to
omb.eop.gov or fax to (202) 395–5806. these requirements in the Greater
implement a requirement for charter FOR FURTHER INFORMATION CONTACT:
and party vessels that hold a permit to Atlantic must report even if they fish in
Daniel Luers, Fishery Management the Southeast or any other region (does
fish for Atlantic bluefish, black sea bass, Specialist, (978) 282–8457, fax (978)
scup, summer flounder, tilefish, squid, not apply to vessels holding only an
281–9135. American lobster permit). Since VTRs
Atlantic mackerel, and/or butterfish,
SUPPLEMENTARY INFORMATION: are in addition to any other reports
while on a trip carrying passengers for
hire, to submit required VTRs by which may be required by other Regions
Background
electronic means. These proposed or plans, multiple reports may be
For the past 25 years, NMFS has required. VTRs, and any records upon
measures are intended to improve the mandated reporting of catch, landings,
timeliness and accuracy of charter and which the reports were based, must be
and trip information through vessel trip kept on board the vessel for at least one
party vessel trip reporting. reports (VTRs). Between 1992 and 1996, year and retained by the owner/operator
DATES: Public comments must be NMFS implemented this requirement for a total of three years after the date
received by June 23, 2017. for most vessels holding Federal fishing of the last entry on the report.
ADDRESSES: Copies of supporting permits in Northeast Atlantic fisheries.
documents used by the Mid-Atlantic In 2004, mandatory electronic reporting Proposed Measure
Fishery Management Council, including by federally permitted dealers was The Omnibus eVTR Framework
the Proposed Framework Adjustment implemented for almost all federally- would require charter and party vessels
with Regulatory Impact Review (RIR) is managed species. Requirements for that hold a permit for species managed
mstockstill on DSK30JT082PROD with PROPOSALS
available from: Dr. Christopher M. weekly submissions of VTRs were by MAFMC FMPs, while on a trip
Moore, Executive Director, Mid-Atlantic implemented in 2010 for fisheries under carrying passengers for hire, to submit
Fishery Management Council, 800 North catch shares, with weekly reporting later VTRs by electronic means. These
State Street, Suite 201, Dover, DE 19901, expanded to herring, mackerel, and surf vessels would also be required to submit
telephone (302) 674–2331. The clam/ocean quahog IFQ fisheries. In July the eVTRs within 48 hours following
Proposed Framework/RIR is also 2011, the NMFS Greater Atlantic the completion of a fishing trip.
accessible via the Internet at http:// Regional Fisheries Office approved the Federally permitted vessel owners and
www.greateratlantic.fisheries.noaa.gov. use of electronic reporting of VTRs on operators on commercial fishing trips
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![Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Proposed Rules 23771
will maintain the option to submit VTRs shall any person be subject to a penalty significant economic impact on a
through hardcopy by mail or through for failure to comply with, a collection substantial number of small entities, an
electronic means. of information subject to the initial regulatory flexibility analysis is
requirements of the PRA, unless that not required and none has been
Classification
collection of information displays a prepared.
Pursuant to section 304(b)(1)(A) of the currently valid OMB Control Number.
Magnuson-Stevens Fishery List of Subjects in 50 CFR Part 648
All currently approved NOAA
Conservation and Management Act collections of information may be Fisheries, Fishing, Recordkeeping and
(Magnuson-Stevens Act), the NMFS viewed at: http://www.cio.noaa.gov/ reporting requirements.
Assistant Administrator has determined services_programs/prasubs.html. Dated: May 18, 2017.
that this proposed rule is consistent The Chief Counsel for Regulation of Alan D. Risenhoover,
with the Atlantic Mackerel, Squid, and the Department of Commerce certified
Butterfish FMP; the Bluefish FMP; the Acting Deputy Assistant Administrator for
to the Chief Counsel for Advocacy of the Regulatory Programs, National Marine
Summer Flounder, Scup, and Black Sea Small Business Administration that this Fisheries Service.
Bass FMP; the Tilefish FMP; other proposed rule, if adopted, would not
provisions of the Magnuson-Stevens For the reasons set out in the
have a significant economic impact on
Act; and other applicable law, subject to preamble, 50 CFR part 648 is proposed
a substantial number of small entities.
further consideration after public to be amended as follows:
Vessels that hold charter or party (for-
comment. hire) Federal permits for species
This proposed rule has been PART 648—FISHERIES OF THE
managed under Mid-Atlantic Council NORTHEASTERN UNITED STATES
determined to be not significant for
FMPs were identified as business
purposes of Executive Order 12866.
entities affected by this action. Any ■ 1. The authority citation for part 648
The proposed action contains
collection-of-information requirements entity with combined annual fishery continues to read as follows:
subject to review and approval by the landing receipts less than $7.5 million Authority: 16 U.S.C. 1801 et seq.
Office of management and Budget for for-hire entities and $11 million for
commercial entities is considered a ■ 2. In § 648.7, paragraphs (b)(1)(iii) and
(OMB) under the Paperwork Reduction (f)(2)(iii) are added to read as follows:
Act (PRA). This requirement has been small business. In 2015, 869 for-hire
submitted to OMB for approval under permits were owned by 785 entities. Of
§ 648.7 Recordkeeping and reporting
Control Number 0648–0212. Public these entities, 171 were categorized as requirements.
reporting burden for the new eVTR commercial fishing entities, 394 were
categorized as for-hire entities, and 220 * * * * *
requirement is estimated to average 3 (b) * * *
minutes per response, including the had no revenue in 2015. All of the 785
entities with Mid-Atlantic charter or (1) * * *
time for reviewing instructions, (iii) Charter/Party vessel permit
searching existing data sources, party permits are classified as small
businesses based on their revenue. owners and operators. The owner or
gathering and maintaining the data operator of any fishing vessel that holds
needed, and completing and reviewing Complying with the proposed eVTR
requirements can be accomplished for a Federal charter/party (for-hire) permit
the collection information. to fish for Atlantic bluefish, black sea
Public comment is sought regarding: no cost with only a personal computer
(or tablet) and internet connection. The bass, scup, summer flounder, tilefish,
Whether this proposed collection of Atlantic mackerel, squid, and/or
information is necessary for the proper ubiquitous nature of computers and
internet availability in private homes butterfish, when on a trip carrying
performance of the functions of the passengers for hire, must submit the
agency, including whether the and businesses, as well as free access to
both in most public libraries and other required Vessel Trip Report by
information shall have practical utility; electronic means. The report must
the accuracy of the burden estimate; locations, provides a free or minimal
cost means for permit holders to submit contain all applicable information
ways to enhance the quality, utility, and outlined in paragraph (b)(1)(i) of this
clarity of the information to be eVTRs. Therefore, there is little to no
direct negative economic impact to section.
collected; and ways to minimize the
burden of the collection of information, permit holders. Although this low-cost * * * * *
including through the use of automated option is available, for-hire captains (f) * * *
collection techniques or other forms of may voluntarily choose a different (2) * * *
information technology. Send comments reporting mechanism, additional (iii) Charter/Party vessel electronic log
on these or any other aspects of the services, or upgraded hardware options reports, required by paragraph (b)(1)(iii)
collection of information to the Regional that would increase their costs to of this section, must be submitted
Administrator (see ADDRESSES), and varying degrees, but those would be within 48 hours after entering port at
email to OIRA_Submission@ voluntary and not a direct result of the the conclusion of a trip.
omb.eop.gov, or fax to (202) 395–5806. proposed eVTR submission * * * * *
Notwithstanding any other provisions requirements. Because the proposed [FR Doc. 2017–10591 Filed 5–23–17; 8:45 am]
of the law, no person is required to, nor action is not expected to have a BILLING CODE 3510–22–P
mstockstill on DSK30JT082PROD with PROPOSALS
VerDate Sep<11>2014 17:40 May 23, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4702 Sfmt 9990 E:\FR\FM\24MYP1.SGM 24MYP1](https://thefederalregister.org/doc/82_FR_23869/page/2.svg)
Document Created: 2017-05-24 01:03:06
Document Modified: 2017-05-24 01:03:06
| 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 | Proposed rule, request for comments. | |
| Dates | Public comments must be received by June 23, 2017. | |
| Contact | Daniel Luers, Fishery Management Specialist, (978) 282-8457, fax (978) 281-9135. | |
| FR Citation | 82 FR 23770 | |
| RIN Number | 0648-BG60 | |
| CFR Associated | Fisheries; Fishing and Recordkeeping and Reporting Requirements |
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