[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Rules and Regulations]
[Pages 52639-52641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26303]
[[Page 52639]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 980414095-8240-02; I.D. 040798C]
RIN 0648-AJ37
Fisheries of the Northeastern United States; Dealer and Vessel
Reporting Requirements
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 dealer reporting
requirements for the summer flounder, scup, black sea bass, surf clam,
ocean quahog, Northeast (NE) multispecies, Atlantic sea scallop,
Atlantic mackerel, squid, and butterfish fisheries and the vessel
reporting requirements for the summer flounder and scup fisheries. This
rule requires dealers of quota-managed species to report their
purchases weekly via an Interactive Voice Response (IVR) system,
modifies the submission schedule of written dealer reports, modifies
the reporting requirements for certain vessels in the summer flounder
or scup fisheries, and clarifies existing reporting requirements.
Quota-managed species required to be reported via the IVR system
include summer flounder, scup, black sea bass, regulated NE
multispecies, Atlantic mackerel, squid, and butterfish. These revisions
are necessary to collect more timely and accurate data to enhance
immediate and long-term management of the fisheries, maintain the
harvesting of these fisheries at sustainable levels, promote compliance
with existing regulations, ensure consistency in reporting requirements
among fisheries, and clarify existing regulatory text.
DATES: Effective November 1, 1998.
ADDRESSES: Copies of the Regulatory Impact Review supporting this
action are available from Jon Rittgers, Acting Regional Administrator,
Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930.
Comments regarding the collection-of-information requirements contained
in this final rule should be sent to the Acting Regional Administrator
and to the Office of Management and Budget (OMB), Washington, D.C.
20503 (Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Kelley McGrath, (978) 281-9307, or
Gregory Power, (978) 281-9304.
SUPPLEMENTARY INFORMATION:
Background
This rule revises the dealer reporting requirements in the summer
flounder, scup, black sea bass, Atlantic mackerel, squid and
butterfish, surf clam and ocean quahog, NE multispecies, and Atlantic
sea scallop fisheries and revises the vessel reporting requirements in
the summer flounder and scup fisheries. Regulations implementing the
fishery management plans (FMP) for these species were prepared under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) and are found at 50 CFR part 648.
Details concerning the development of these revisions were discussed in
the preamble to the proposed rule (63 FR 27550, May 19, 1998).
Revisions to the dealer and vessel reporting requirements contained
in this rule were developed primarily as a result of the management
measures that have been incorporated into several FMPs. For instance,
in an effort to achieve the goals of the Magnuson-Stevens Act, certain
species are now being managed by quota, annual target total allowable
catch (TAC), or domestic annual harvest(DAH) limits. Many species have
short seasons or require in-season management measures, such as
closures or trip limits, to ensure that the harvest levels established
in each FMP are not exceeded. Management measures must be based on the
best available information, which includes monitoring the weekly
landings of these species through dealer reports.
While dealers are currently required to complete comprehensive
written reports accounting for purchases of all species, it is
difficult to collect and process the written forms within the timeframe
needed for effective management. Therefore, NMFS is requiring dealers
to use an IVR system to report their purchases of quota-managed species
on a weekly basis. This will allow for better compliance with the
quotas, fewer overages, and more accurate predictions of closure dates.
Species managed by quota, TAC, or DAH and subject to IVR reporting
include summer flounder, scup, black sea bass, Atlantic mackerel,
Loligo and Illex squid, butterfish and regulated NE multispecies. The
IVR system uses a toll-free number that dealers must call within 3 days
following the end of the reporting week to report the following
information: dealer permit number; dealer code; pounds purchased by
species; reporting week in which purchases were made; and state of
landing for each species purchased. If no purchases of any IVR-
monitored species were made during the reporting week, the dealer must
submit a report so stating through the IVR system.
The Administrator, Northeast Region, NMFS (Regional Administrator)
has the authority to defer any species from the weekly IVR reporting
requirements if landings are not expected to reach levels that would
cause the applicable target exploitation rate specified in the FMP for
that species to be exceeded. Deferral determinations will be based on
the purchases reported, by species, in the comprehensive written
reports submitted by dealers and on other available information. If
data subsequently indicate that landing levels have increased to the
extent that this determination ceases to be valid, the Regional
Administrator will terminate the deferral by publishing a notification
in the Federal Register. Therefore, it is conceivable that a deferral
from IVR reporting requirements and a withdrawal of a given deferral
could occur in any fishing year for a given quota-managed species.
Concurrent with the implementation of the IVR system, the
submission deadline for written reports is extended from within 3 days
following the end of the reporting week, to within 16 days following
the end of the reporting week. In addition to providing dealers with
the convenience of having more time to complete and submit the written
reports, this change will result in more accurate pricing information
being collected on the written reports. Such pricing information, often
unavailable to dealers within 3 days following the end of the reporting
week, becomes available within 16 days following the end of the
reporting week. The written reports submitted by dealers will continue
to provide the comprehensive data that are necessary for successful
long-term management of each fishery. Dealers retain the option of
submitting the required information electronically, if authorized in
writing to do so by the Regional Administrator.
The reporting period for negative written reports (reports stating
that no fish were purchased) is changed from weekly to monthly. If no
fish were purchased during the reporting month, dealers are required to
report that on the required form, which must be submitted within 16
days following the end of the reporting month.
Dealers are currently required to report the Federal permit number
of the vessel from which fish are purchased or landed. However, because
many of the
[[Page 52640]]
species purchased by dealers are not subject to Federal management and
are caught by vessels that hold no Federal permits, dealers may report
either the Federal permit number or the hull number (USCG documentation
number or state registration number, as appropriate) of the vessels
from which fish are purchased or landed.
The existing reporting form, NOAA Form 88-30, specifies market
categories for several species. This rule clarifies to dealers that
species must be reported by market category, when applicable.
NMFS is adding language to allow for the collection of biological
data (fish lengths) and of samples (scales and otoliths for aging) that
are necessary to characterize the composition of the landed catch.
While most dealers have historically and voluntarily allowed access to
their premises for the collection of these vital data, NMFS is revising
the regulations to make it explicit that federally permitted dealers
are required to grant such access.
Existing regulations require shellfish processors to notify the
Regional Administrator whether the plant processing capacities change
by more than 10 percent during any year. NMFS is specifying that the
processor must notify the Regional Administrator in writing within 10
days after this change.
Reporting requirements for any party or charter vessel issued a
Federal summer flounder or scup permit, other than a moratorium permit,
are revised to require these vessels to submit reports for each trip,
regardless of the species fished for or retained. Currently, vessels in
this category are required to submit an accurate daily fishing log
report only for those trips landing summer flounder or scup,
respectively. This change will make the requirements for party/charter
vessels in the summer flounder and scup fisheries consistent with those
in the black sea bass, NE multispecies, and Atlantic mackerel, squid,
and butterfish fisheries and allow for the collection of more
comprehensive data.
Comments and Responses
No comments were received during the public comment period for the
proposed rule, which closed on June 18, 1998.
Classification
This final rule has been determined to be not significant for the
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 PRA unless that collection of information displays a currently
valid OMB control number.
This final rule contains collection-of-information requirements
subject to the PRA, and clarifies or makes minor modifications to
requirements previously approved under OMB control number 0648-0229 (2
minutes per response), OMB control number 0648-0212 (5 minutes per
response), OMB control no. 0648-0018 (6 minutes per response), and OMB
control no. 0648-0235 (5 minutes per response). The requirement to use
an IVR system for weekly dealer reporting has been approved by OMB
under OMB control no. 0648-0229 and is estimated to take 4 minutes per
response.
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. Send comments regarding any of these burden
estimates or any other aspect of the collection of information to NMFS
and to OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: September 25, 1998.
Andrew A. Rosenberg,
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. Section 648.2 is amended by adding definitions for ``Dealer
code'', ``IVR system'', and ``Quota-managed species'' in alphabetical
order to read as follows:
Sec. 648.2 Definitions.
* * * * *
Dealer code means a confidential five-digit number assigned to each
dealer required to submit purchases using the IVR system for the
purpose of maintaining the integrity of the data reported through the
IVR system.
* * * * *
IVR system means the Interactive Voice Response dealer reporting
system established by the Regional Administrator for the purpose of
monitoring dealer purchases.
* * * * *
Quota-managed species means any species of finfish managed under
this part by an annual or seasonal quota, by annual target or actual
TAC, or by DAH limits.
* * * * *
3. In Sec. 648.7 paragraph (a)(2) is redesignated as paragraph
(a)(3), new paragraphs (a)(2) and (g) are added, paragraph (b)(1)(iii)
is removed, the heading and the first sentence of paragraph (a)(1)
introductory text, and paragraphs (a)(1)(i), (a)(3)(i), (a)(3)(ii),
(b)(1)(i) and (f)(1) are revised to read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
(a) Dealers--(1) Detailed weekly report. Federally permitted
dealers must submit to the Regional Administrator or to the official
designee a detailed weekly report, within the time periods specified in
paragraph (f) of this section, on forms supplied by or approved by the
Regional Administrator and a report of all fish purchases, except surf
clam and ocean quahog dealers or processors who are required to report
only surf clam and ocean quahog purchases. * * *
(i) Summer flounder, scup, black sea bass, Atlantic sea scallop, NE
multispecies, Atlantic mackerel, squid and butterfish dealers must
provide: Dealer name and mailing address; dealer permit number; name
and permit number or name and hull number (USCG documentation number or
state registration number, whichever is applicable) of vessels from
which fish are landed or received; trip identifier for a trip from
which fish are landed or received; dates of purchases; pounds by
species (by market category, if applicable); price per pound by species
(by market category, if applicable) or total value by species (by
market category, if applicable); port landed; and any other information
deemed necessary by the Regional Administrator. All report forms must
be signed by the dealer or other authorized individual. If no fish are
purchased during a reporting week, no written report is required to be
submitted. If no fish are purchased during an entire reporting month, a
[[Page 52641]]
report so stating on the required form must be submitted.
* * * * *
(2) Weekly IVR system reports. (i) Federally permitted dealers
purchasing quota-managed species not deferred from coverage by the
Regional Administrator pursuant to paragraph (a)(2)(ii) of this section
must submit, within the time period specified in paragraph (f) of this
section, the following information, and any other information required
by the Regional Administrator, to the Regional Administrator or to an
official designee, via the IVR system established by the Regional
Administrator: Dealer permit number; dealer code; pounds purchased, by
species; reporting week in which species were purchased; and state of
landing for each species purchased. If no purchases of quota-managed
species not deferred from coverage by the Regional Administrator
pursuant to paragraph (a)(2)(ii) of this section were made during the
week, a report so stating must be submitted through the IVR system in
accordance with paragraph (f) of this section.
(ii) The Regional Administrator may defer any quota-managed species
from the IVR system reporting requirements if landings are not expected
to reach levels that would cause the applicable target exploitation
rate corresponding to a given domestic annual harvest limit, target or
actual TAC, or annual or seasonal quota specified for that species to
be exceeded. The Regional Administrator shall base any such
determination on the purchases reported, by species, in the
comprehensive written reports submitted by dealers and other available
information. If the Regional Administrator determines that any quota-
managed species should be deferred from the weekly IVR system reporting
requirements, the Regional Administrator shall publish notification so
stating in the Federal Register. If data indicate that landing levels
have increased to an extent that this determination ceases to be valid,
the Regional Administrator shall terminate the deferral by publishing
notification in the Federal Register.
(3) * * *
(i) Summer flounder, scup, black sea bass, Atlantic sea scallop, NE
multispecies, Atlantic mackerel, squid, and butterfish dealers must
complete the ``Employment Data'' section of the Annual Processed
Products Report; completion of the other sections of that form is
voluntary. Reports must be submitted to the address supplied by the
Regional Administrator.
(ii) Surf clam and ocean quahog processors and dealers must provide
the average number of processing plant employees during each month of
the year just ended; average number of employees engaged in production
of processed surf clam and ocean quahog products, by species, during
each month of the year just ended; plant capacity to process surf clam
and ocean quahog shellstock, or to process surf clam and ocean quahog
meats into finished products, by species; an estimate, for the next
year, of such processing capacities; and total payroll for surf clam
and ocean quahog processing, by month. If the plant processing
capacities required to be reported in this paragraph (a)(3)(ii) change
more than 10 percent during any year, the processor shall notify the
Regional Administrator in writing within 10 days after the change.
(b) Vessel owners--(1) Fishing Vessel Trip Reports--(i) Owners of
vessels issued a summer flounder, scup, black sea bass, Atlantic sea
scallop, NE multispecies, or Atlantic mackerel, squid, and butterfish
permits. The owner or operator of any vessel issued a permit for summer
flounder, scup, black sea bass, Atlantic sea scallops, NE multispecies,
Atlantic mackerel, squid or butterfish must maintain on board the
vessel, and submit, an accurate daily fishing log report for all
fishing trips, regardless of species fished for or taken, on forms
supplied by or approved by the Regional Administrator. If authorized in
writing by the Regional Administrator, vessel owners or operators may
submit reports electronically, for example by using a VTS or other
system. At least the following information, and any other information
required by the Regional Administrator, must be provided: Vessel name;
USCG documentation number (or state registration number, if
undocumented); permit number; date/time sailed; date/time landed; trip
type; number of crew; number of anglers (if a party or charter boat);
gear fished; quantity and size of gear; mesh/ring size; chart area
fished; average depth; latitude/longitude (or loran station and
bearings); total hauls per area fished; average tow time duration;
pounds (or count, if a party or charter vessel), by species, of all
species landed or discarded; dealer permit number; dealer name; date
sold, port and state landed; and vessel operator's name, signature, and
operator permit number (if applicable).
* * * * *
(f) Submitting reports--(1) Dealer or processor reports. (i)
Detailed weekly trip reports, required by paragraph (a)(1) of this
section, must be postmarked or received within 16 days after the end of
each reporting week. If no fish are purchased during a reporting month,
the report so stating required under paragraph (a)(1)(i) of this
section must be postmarked or received within 16 days after the end of
the reporting month.
(ii) Weekly IVR system reports required in paragraph (a)(2) of this
section must be submitted via the IVR system by midnight, Eastern time,
each Tuesday for the previous reporting week.
(iii) Annual reports for a calendar year must be postmarked or
received by February 10 of the following year. Contact the Regional
Administrator (see Table 1 to Sec. 600.502) for the address of NMFS
Statistics.
* * * * *
(g) Additional data and sampling. Federally permitted dealers must
allow access to their premises and make available to an official
designee of the Regional Administrator any fish purchased from vessels
for the collection of biological data. Such data include, but are not
limited to, length measurements of fish and the collection of age
structures such as otoliths or scales.
4. In Sec. 648.14 paragraph (a)(8) is revised to read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(8) Assault, resist, oppose, impede, harass, intimidate, or
interfere with or bar by command, impediment, threat, or coercion any
NMFS-approved observer or sea sampler aboard a vessel conducting his or
her duties aboard a vessel, or any authorized officer conducting any
search, inspection, investigation, or seizure in connection with
enforcement of this part, or any official designee of the Regional
Administrator conducting his or her duties, including those duties
authorized in Sec. 648.7(g).
* * * * *
[FR Doc. 98-26303 Filed 9-30-98; 8:45 am]
BILLING CODE 3510-22-F
