[Federal Register Volume 59, Number 50 (Tuesday, March 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5925]
[[Page Unknown]]
[Federal Register: March 15, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 625
[Docket No. 920543-4030; I.D. 112493C]
Summer Flounder Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule.
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SUMMARY: NMFS issues this interim final rule to amend the regulations
implementing the Fishery Management Plan for the Summer Flounder
Fishery (FMP). This rule requires Federally permitted summer flounder
dealers to submit weekly reports even if no fish are received during a
particular week, and owners of vessels having summer flounder
moratorium permits to maintain accurate daily fishing logs and submit
them each month regardless of species fished for or taken. Other minor
language changes are made to the regulations regarding dealer and
vessel reporting to clarify intent. The intended effect of this rule is
to achieve consistency and effectiveness by standardizing the reporting
requirements for all Federally managed fisheries in the Northeast
Region.
DATES: Effective on April 13, 1994. Written comments must be received
on or before April 13, 1994.
ADDRESSES: Written comments should be mailed to Richard B. Roe,
Regional Director, National Marine Fisheries Service, One Blackburn
Drive, Gloucester, MA 01930. Mark the outside of the envelope
``Comments on Summer Flounder Negative Reporting''. Copies of the
Regulatory Impact Review, Initial Regulatory Flexibility Analysis, and
Environmental Impact Statement for Amendment 2 may be obtained from
David R. Keifer, Mid-Atlantic Fishery Management Council, room 2115
Federal Building, 300 South New Street, Dover, DE 19901-6790.
Comments regarding the burden-hour estimates or any other aspect of
the collection-of-information requirements contained in this rule
should be sent to Richard B. Roe at the address listed above for the
Northeast Regional Office, and the Office of Management and Budget
(Attention: NOAA Desk Officer), Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Hannah Goodale, Fishery Policy
Analyst, (508-281-9101).
SUPPLEMENTARY INFORMATION: A final rule implementing Amendment 2 to the
FMP published December 4, 1992, required summer flounder dealer
reporting effective on January 1, 1993. A final rule implementing a
resubmitted portion of Amendment 2 required vessel fishing log reports
to be submitted beginning January 1, 1994 (58 FR 35891, July 2, 1993).
Existing regulations at Sec. 625.6(a) require dealers to report, on
a weekly basis, information concerning purchases from vessels that land
summer flounder. Under the current regulations, a dealer is required to
submit a report only if summer flounder are purchased. As a result, it
is impossible to determine whether a dealer report was not submitted
because summer flounder were not purchased or because of a disregard
for the regulations. Although negative reporting is not explicitly
discussed in Amendment 2, the Council has requested that NMFS revise
the reporting requirements at Sec. 625.6(a) to require negative
reporting. The Council's request reflects the intent of Amendment 2
that all summer flounder purchased by Federally permitted dealers be
accurately reported. This is essential for maintaining the integrity of
the annual quota.
Also at the Council's request, Sec. 625.6(b) is revised to clarify
that vessels with moratorium permits must maintain and submit accurate
daily fishing log reports for all fishing trips regardless of species
fished for or taken. This change makes clear to owners and operators
that all species taken by the vessel must be recorded even if the
vessel is not directing, or has unsuccessfully directed, its effort
toward harvesting summer flounder.
Section 625.6(c), which specifies reporting requirements pertaining
to vessels issued a summer flounder party or charter permit, is also
revised to make clear that if a vessel also has been issued a
moratorium permit, it must report all trips regardless of whether
summer flounder are retained. Thus, all vessels issued a moratorium
permit are subject to the same reporting requirements. Vessel which are
issued a party or charter permit, but which are not issued a moratorium
permit, must report a trip only if summer flounder are landed. This
clarification is needed to prevent confusion in the industry since some
vessels hold permits for both commercial and party/charter activities.
Standardized requirements are desirable for several reasons. The
dealer and vessel reporting requirements of the FMP are only a part of
the Northeast Region Mandatory Data Reporting System. Amendments to the
Fishery Management Plans for Northeast Multispecies and Atlantic Sea
Scallops contain reporting requirements that are expected to be
implemented early in 1994. Both the New England and Mid-Atlantic
Fishery Management Councils are likely to add mandatory reporting
requirements to other FMPs.
Because it is common for fishermen and dealers holding Federal
permits to participate in one or more of the fisheries that are, or
will be, subject to the reporting requirements, uniform reporting
requirements should minimize reporting burdens and confusion. NMFS
believes that its uniform requirements are the least complicated, most
convenient for the industry, and most effective way for the Council and
NMFS to collect the information necessary to manage Northeast Region
fisheries. Implementation of these regulations will further the goal of
a uniform standardized system by providing consistency among the
reporting requirements of the summer flounder, multispecies, and
scallop fishery management plans.
A provision is added to Sec. 625.8 (Prohibitions) to make it a
violation for vessel owners, operators, and dealers not to comply with
recordkeeping and reporting requirements.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has initially
determined that this interim final rule is necessary for the
conservation and management of the summer flounder fishery and is
consistent with the Magnuson Act and other applicable law.
This rule is subject to the requirements of the Paperwork Reduction
Act. The requirement in Sec. 625.6(a)(1) for dealers to provide
negative reports has been approved by the Office of Management and
Budget (OMB) under control number 0648-0229. A response is estimated to
take 2 minutes. Section 625.6(a)(2) contains an annual reporting
requirement that dealers complete the ``Employment Data'' section of
the processed product report. A response is estimated to take 2
minutes.
The logbook requirement in Sec. 625.6(b)(1) is a clarification of a
requirement approved by OMB under control number 0648-0212. A response
is estimated to take 5 minutes. Send comments regarding this burden
estimate or any other aspect of these collection-of-information
requirements, including suggestions for reducing the burden, to Richard
B. Roe, NMFS, and to OMB (see ADDRESSES).
The AA finds there is good cause to waive prior notice and
opportunity for comment under 5 U.S.C. 553(b). The AA finds that
providing prior notice and opportunity for comment is unnecessary and
not in the public interest. To the extent that this rule clarifies the
intent of existing reporting requirements, opportunity for comment
would serve no purpose. The other changes are necessary to prevent
confusion in the fishing industry with reporting requirements in
Amendment 4 to the FMP for Sea Scallops and Amendment 5 to the FMP for
Northeast Multispecies that are expected to be implemented early in
1994 and to provide for the effective management of the summer flounder
fishery. However, because this rule changes some of the reporting
requirements previously applicable, the AA is not waiving the 30-day
delay in effective date required by 5 U.S.C. 553(d) in order for all in
the fishery to come into compliance. Opportunity for post issuance
comment is being provided, and comments received will be considered in
issuing a final rule.
List of Subjects in 50 CFR Part 625
Fisheries, Reporting and recordkeeping requirements.
Dated: March 9, 1994.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 625 is amended
as follows:
PART 625--SUMMER FLOUNDER FISHERY
1. The authority citation for part 625 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. Section 625.6 is amended by revising paragraphs (a)(1) through
(a)(4), redesignating paragraph (a)(5) as (a)(6), adding a new
paragraph (a)(5), revising paragraphs (b) and (c) to read as follows:
Sec. 625.6 Recordkeeping and reporting requirements.
(a) Dealers. (1) Weekly report. Dealers must send by mail to the
Regional Director, or official designee, on a weekly basis on forms
supplied by or approved by the Regional Director, a report on fish
purchases. If authorized in writing by the Regional Director, dealers
may submit reports electronically or through other media. The following
information and any other information required by the Regional
Director, must be provided in the report: Name and mailing address of
dealer; dealer number; name and permit number of the vessels from which
fish are landed or received; dates of purchases; pounds by species;
price by species; and port landed. If no fish are purchased during the
week, a report so stating must be submitted.
(2) Annual report. All persons required to submit reports under
paragraph (a)(1) of this section are required to complete the
``Employment Data'' section of the Annual Processed Products Reports;
completion of other sections on that form is voluntary. Required data
are the number of employees handling fishery products by month. Reports
for a given calendar year must be submitted to: NMFS Statistics, 166
Water Street, Woods Hole, MA 02543, and must be postmarked by February
10 of the following year.
(3) Inspection. Upon the request of an authorized officer, or by an
employee of NMFS designated by the Regional Director to make such
inspections, the dealer must make immediately available for inspection
copies of the required reports that have been submitted, or should have
been submitted, and the records upon which the reports were based.
(4) Record retention. Copies of reports, and records upon which the
reports were based, must be retained and be available for review for 1
year after the date of the last entry on the report. The dealer must
retain such reports and records at its principal place of business.
(5) Submitting reports. Reports must be received or postmarked, if
mailed, within 3 days after the end of each reporting week. Each dealer
will be sent forms and instructions, including the address to which to
submit reports, shortly after receipt of a dealer permit. If no fish
were purchased during a week, a report so stating must be submitted.
* * * * *
(b) Vessel owners issued a moratorium permit. (1) Fishing log
reports. The owner of any vessel issued a moratorium permit under
Sec. 625.4 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
Director. If authorized in writing by the Regional Director, vessel
owners may submit reports electronically, for example by using a vessel
tracking system or other media. At least the following information, and
any other information required by the Regional Director, must be
provided: Vessel name, U.S. Coast Guard (USCG) documentation number (or
state registration number if undocumented); permit number; date/time
sailed; date/time landed; trip type; number of crew; 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 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).
(2) When to fill in the log. Such log reports must be filled in,
expect for information required but not yet ascertainable, before
offloading has begun. All information in paragraph (b)(1) of this
section must be filled in for each fishing trip before starting the
next fishing trip.
(3) Inspection. Upon the request of an authorized officer, or an
employee of NMFS designated by the Regional Director to make such
inspections, at any time during or after a trip, owners and operators
must make immediately available for inspection, the fishing log reports
currently in use, or to be submitted.
(4) Record retention. Copies of the fishing log reports must be
retained and available for review for 1 year after the date of the last
entry on the log.
(5) Submitting reports. Fishing log reports must be received or
postmarked, if mailed, within 15 days after the end of the reporting
month. Each owner will be sent forms and instructions, including the
address to which to submit reports, shortly after receipt of a Federal
Fisheries Permit. If no fishing trip is made during a month, a report
so stating must be submitted.
(c) Owners of party and charter boats.
(1) Fishing log reports. The owner of any party or charter boat
issued a moratorium permit under Sec. 625.4 and carrying passengers for
hire shall maintain on board the vessel, and submit, an accurate daily
fishing log report for each charter or party fishing trip, even if no
summer flounder is retained, on forms supplied by or approved by the
Regional Director. The owner of any party or charter boat issued a
summer flounder permit other than a moratorium permit and carrying
passengers for hire shall maintain on board the vessel, and submit, an
accurate daily fishing log report for each charter or party fishing
trip which lands summer flounder. If authorized in writing by the
Regional Director, vessel owners may submit reports electronically, for
example, by using a vessel tracking system or other media. At least the
following information, and any other information required by the
Regional Director, must be provided: Vessel name, U.S. Coast Guard
(USGC) documentation number (or state registration number if
undocumented); permit number; date/time sailed; date/time landed; trip
type; number of crew; number of anglers, quantity and size of gear;
chart area fished; average depth; latitude/longitude (or loran station
and bearings); average tow time duration; count by species of all
species landed or discarded; port and state landed; and vessel
operator's name, signature, and operator permit number (if applicable).
(2) When to fill in the log. Such log reports must be filled in
before offloading has begun. All information required in paragraph
(c)(1) of this section must be filled in for each fishing trip by the
end of each fishing trip.
(3) Inspection. Upon the request of an authorized officer, or an
employee of NMFS designated by the Regional Director to make such
inspections, at any time during or after a trip, owners and operators
must make immediately available for inspection the fishing log reports
currently in use, or to be submitted.
(4) Record retention. Copies of the fishing log reports must be
retained and available for review for 1 year after the date of the last
entry on the log.
(5) Submitting reports. Fishing log reports must be received or
postmarked, if mailed, within 15 days after the end of the reporting
month. Each owner will be sent forms and instructions, including the
address to which to submit reports, shortly after receipt of a Federal
Fisheries Permit. If no summer flounder is landed or no fishing trip is
made during a month, a report so stating must be submitted.
3. Section 625.8, paragraph (c)(2) is revised to read as follows:
Sec. 625.8 Prohibitions.
* * * * *
(c) * * *
(2) If subject to the permitting requirements in Sec. 625.4 or
Sec. 625.5, to offload, cause to be offloaded, sell or buy, whether on
land or at sea, as an owner, operator, dealer, buyer or receiver,
without accurately preparing and submitting in a timely fashion the
documents required by Sec. 625.6.
* * * * *
[FR Doc. 94-5925 Filed 3-14-94; 8:45 am]
BILLING CODE 3510-22-M
