[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19396]
[[Page Unknown]]
[Federal Register: August 10, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 685
[Docket No. 940711-4211; I.D. 050294C]
RIN 0648 AF77
Pelagic Fisheries of the Western Pacific Region; Vessel
Monitoring System
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues a proposed rule that would implement an
experimental vessel monitoring system (VMS) program in the pelagic
longline fishery around Hawaii. Under this program, vessels operating
in this fishery would have to carry vessel monitoring equipment owned
and operated by NMFS. The equipment provides immediate vessel
identification and location, and would be used by NMFS and the United
States Coast Guard (USCG) to facilitate enforcement of regulations that
prohibit fishing in closed areas. This experimental program would
operate for 3 years or less, during which time the Western Pacific
Fishery Management Council (Council) and NMFS would conduct reviews of
the performance and cost effectiveness of the program and make
recommendations regarding the future use of VMSs in this and other
fisheries.
DATES: Comments must be received by September 9, 1994.
ADDRESSES: Comments on the proposed rule should be sent to Rodney R.
McInnis, Acting Director, Southwest Region, NMFS, 501 West Ocean
Boulevard, Suite 4200, Long Beach, CA 90802-4213.
FOR FURTHER INFORMATION CONTACT: Mr. Svein Fougner at (310) 980-4034 or
Mr. Eugene F. Proulx at (310) 980-4049.
SUPPLEMENTARY INFORMATION: Amendment 3 (56 FR 52214, October 18, 1991)
to the Fishery Management Plan for the Pelagic Fisheries of the Western
Pacific Region (FMP) created a protected species zone of 50 nautical
miles (am) around the Northwestern Hawaiian Islands (NWHI), which is
closed to pelagic longline fishing. This action was taken to protect
endangered Hawaiian monk seals from longline fishing activity.
Amendment 4 (56 FR 51849, October 16, 1991) to the FMP established
an administrative procedure to govern the Council's review of VMS
technology and possible adoption of VMS requirements for the fishery.
This action was taken to develop an effective way of monitoring
longline fishing vessels without placing excessive restrictions on
fishermen.
Amendment 5 (57 FR 7661, March 4, 1992) to the FMP created closed
areas to pelagic longline fishing around the main Hawaiian Islands to
prevent gear conflicts between pelagic longline and small-boat
fishermen. The closed areas are generally within 75 nm of the Islands
of Kauai, Niihau, and Oahu, and within 50 nm of the Islands of Maui,
Molokai, Lanai, Kahoolawe, and Hawaii and vary in size on a seasonal
basis. Further adjustments may be made through an administrative
procedure that includes an opportunity for public comment.
Because the longline fleet has been growing rapidly, Amendment 7
(59 FR 26979, May 25, 1994) established a limited entry program for the
Hawaii longline fishery for pelagic species in order to prevent adverse
impacts on pelagic resources, protected species such as the Hawaiian
monk seal and sea turtles, and other fishing vessels.
Patrolling area closures is an expensive and difficult task for
NMFS enforcement agents and the USCG. The distances that have to be
covered are large, and there is minimal logistic support for patrol
aircraft or patrol vessels in the NWHI. Given these enforcement
difficulties, NMFS and the USCG have explored alternative methods of
monitoring closed areas. One promising alternative is the use of a VMS.
A VMS consists of equipment placed aboard a vessel that is capable of
transmitting to NMFS and the USCG the identity and location of that
vessel. By monitoring these transmissions, illegal fishing by the
vessels in closed areas might be detected immediately without using
patrol aircraft and vessels.
In addition to compliance monitoring, a VMS offers several other
potential uses. First, a VMS would enhance at-sea safety by allowing
NMFS and the USCG to locate vessels immediately in the event of
distress situations. Second, available computer attachments would
enable users to either receive or transmit information such as news and
weather broadcasts, or personal communications. Finally, in this
fishery, consistent with an incidental take statement issued in
conjunction with a Biological Opinion dated June 10, 1993, information
collected could be used to verify the accuracy of logbook reports,
thereby aiding in the conservation of protected species such as
threatened and endangered sea turtles.
In 1991, the Council, NMFS, and the USCG coordinated a
demonstration of several automated vessel monitoring technologies to
confirm whether remote communication links would be reliable in the
Western Pacific. The purpose of the demonstration was to review the
available vessel monitoring technologies for routine enforcement
operations and to assist the Council in deciding how VMS could be used
for enforcement. This effort helped the Council develop minimum
performance criteria to be used for designing a fleet-wide VMS. Each
technology that was examined represented a different approach to
providing vessel position information.
The minimum performance standards identified by the Council for
enforcement applications of satellite or radio vessel monitoring
technology are the following:
a. The system must deliver accurate, real-time data for processing
at a station on shore;
b. Position reports must contain vessel identification, the
latitude and longitude of the vessel, and the date and time of the fix
(i.e., positional fix);
c. Shipboard equipment must be capable of providing fully
automatic, hands-off position reports and battery-powered operation for
a given period of time. Units should also accept vessel power to charge
internal batteries;
d. Shipboard equipment must be self-initializing when power is
interrupted to maintain automatic operation;
e. The Global Positioning System should be used for VMS units where
communication transmitters are linked with navigation receivers in
order to obtain accurate position information;
f. The shipboard equipment must be built to withstand the rigors of
operation on a commercial high-seas fishing vessel in the Central and
Western Pacific;
g. The system must not require routine maintenance, and should be
easily serviceable by trained technicians;
h. The system design should permit the exchange, at sea, of sealed
components by individuals who may not be trained technicians; and
i. The shipboard equipment must be capable of monitoring vessels
throughout their range.
After the establishment of these performance standards, NMFS and
the USCG conducted a second test. This test indicated that one of the
initial technologies examined might meet the performance requirements
established by the Council, and merited further study in a larger
experimental program.
At a regular meeting of the Council on December 2, 1992, the
members adopted a VMS policy to ensure that the development and
application of a VMS in the Central and Western Pacific is carried out
in a manner that is comprehensive, attendant to the needs of management
authorities, cost-effective, and fair to the fishing industry. That
policy states that the Council recognizes that electronic monitoring
systems may be an effective and desirable technology for use in
fisheries management.
The Council established a VMS Committee to develop and review
proposed VMS initiatives, policies, and other related topics addressed
in the Council's fishery management plans under the authority of the
Magnuson Fishery Conservation and Management Act (Magnuson Act).
Significant VMS decisions that would involve changes in the equipment
or costs to be borne by the fishermen will be made by the full Council.
On March 31, 1994, NMFS published a policy (59 FR 15180) that
established standards for all VMS used in U.S. fisheries. The policy
covers the technical requirements of the equipment, the security of the
system, and the confidentiality of the data. Implementation of the
proposed rule would be consistent with that policy.
While VMSs are a promising alternative and supplement to existing
enforcement techniques, uncertainties remain. These uncertainties
include, but are not limited to:
1. The extent to which the entire range of the vessels throughout
the Pacific can be covered in practice;
2. The amount of other enforcement resources necessary to confirm
apparent violations detected through use of the system;
3. The feasibility of applying the system to other fisheries with
different fishing characteristics;
4. The extent to which the VMS hardware and software used would
allow the integration of U.S. fishing vessels into developing regional
VMS systems;
5. The cost effectiveness, from an enforcement perspective, of VMSs
as compared to traditional methods of enforcement; and
6. The social and economic effects of establishing a VMS, such as
assessing the impacts on the owners, captains, crew, fishing behavior,
and regulatory compliance.
Given these considerations, NMFS proposes to implement an
experimental VMS program. Under this program, all vessels with a
limited entry permit for the Hawaiian pelagic longline fishery would be
required to carry a NMFS-owned vessel monitoring unit. As units become
available for installation, the NMFS Office of Enforcement would
schedule vessels for installation of a VMS unit. To the extent
possible, installations would be scheduled to accommodate the vessel's
fishing schedule. Reasonable notice of the proposed installation date
would be given to the holder of the limited entry permit for the
vessel.
The NMFS headquarters Office of Enforcement would exercise overall
supervision and evaluation of the program, and determine when the
objectives of the program have been met, thereby warranting termination
of the experimental program. Day-to-day responsibility for implementing
this program, however, would rest with the NMFS Special Agent-in-Charge
(SAC) in Long Beach, CA.
This proposed action follows an extensive review of such systems by
the Council under the guidance of Amendment 4 to the FMP and was
approved by the Council at its meeting on September 14-16, 1993. The
following elements were approved by the Council and are incorporated in
this proposed rule:
1. NMFS would select the necessary VMS equipment and provide it at
no cost to the permit holder. This equipment would remain the property
of NMFS and must be returned to NMFS upon request;
2. All equipment would meet the performance standards adopted by
the Council listed above;
3. Interfering with the equipment in any way would be prohibited;
4. The SAC would be authorized to permit a vessel owner to have
additional equipment linked to the VMS unit, e.g., computer terminal
for communications and data transfer;
5. Vessels with VMS units would not be required to notify NMFS when
transiting the protected species zone (as they are now required to do);
and
6. The Council and NMFS would evaluate the VMS program for a period
of time not to exceed 3 years, and make decisions regarding the
continued or modified use of VMSs in this fishery and other fisheries
under the jurisdiction of the Council.
In addition, NMFS would also evaluate this VMS program in regard to
the uses of VMSs in fisheries in other areas.
A Biological Opinion and Incidental Take Statement under the
Endangered Species Act were issued by NMFS on this fishery on June 10,
1993. The Biological Opinion concluded that the longline fishery is not
likely to jeopardize the continued existence of any endangered or
threatened species of sea turtle, provided that certain conditions set
forth in an incidental take statement were met. This statement
includes, as a reasonable and prudent measure, use of an automated VMS
to confirm the location of those vessels without observers to help
verify the accuracy of logbook reports. While being promulgated for
enforcement purposes, this proposed rule would also help NMFS satisfy
the automated VMS requirements set forth in the incidental take
statement. A new Biological Opinion on this fishery is expected to be
issued by NMFS during the summer of 1994.
NMFS is sensitive to the concerns fishermen might have with regard
to their fishing locations becoming widely known. NMFS will be
reviewing the level of accuracy and precision required to meet the
above obligations with enforcement agents and scientists and will
determine the degree of monitoring required. Whatever final decisions
are made on the frequency of reports needed, data indicating individual
vessel positions would be treated as confidential in accordance with
the Trade Secrets Act.
Classification
This proposed rule is published under the authority of the Magnuson
Act, 16 U.S.C. 1801 et seq., and was prepared at the request of the
Council. The Assistant Administrator for Fisheries, NOAA (AA), has
initially determined that this proposed rule is consistent with the
Magnuson Act and other applicable law.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The General Counsel 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 for purposes of the
Regulatory Flexibility Act. All the costs of installing and operating
the proposed reporting system are to be borne by NMFS. Installation of
the required equipment is to be done at minimal inconvenience to the
vessel owner. Implementing the proposed action also will relieve vessel
operators from the current requirement to notify NMFS of the vessel's
entrance and exit from the protected species zone. The installed
equipment may be used, in conjunction with supplemental equipment
provided by the vessel, by the vessel operator at the vessel's own
expense, for vessel communications such as obtaining updated weather
reports or communication to the vessel owner. The Council has concurred
with the establishment of a mandatory observer program and an
electronic VMS for the longline fishery as required by the Biological
Opinion and Incidental Take Statement, issued on June 10, 1993.
List of Subjects in 50 CFR Part 685
American Samoa, Fisheries, Fishing, Guam, Hawaiian Natives,
Northern Mariana Islands.
Dated: August 3, 1994.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 685 is
proposed to be amended as follows:
PART 685--PELAGIC FISHERIES OF THE WESTERN PACIFIC REGION
1. The authority citation for part 685 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 685.2, the definitions of ``Special Agent-in-Charge''
and ``vessel monitoring system unit (VMS unit)'' are added in
alphabetical order, as follows:
Sec. 685.2 Definitions.
* * * * *
Special Agent-in-Charge (SAC) means the Special Agent-in-Charge,
NMFS Office of Enforcement, Southwest Region or the designee of the
Special Agent-in-Charge.
* * * * *
Vessel monitoring system unit (VMS unit) means the hardware and
software equipment owned by NMFS, installed on vessels by NMFS, and
required by this part to track and transmit the positions of longline
fishing vessels.
3. In Sec. 685.5, new paragraphs (aa)-(hh) are added as follows:
Sec. 685.5 Prohibitions.
* * * * *
(aa) Fail to carry a VMS unit as required under Sec. 685.16.
(bb) Interfere with, tamper with, alter, damage, disable, or impede
the operation of a VMS unit or to attempt any of the same; or to move
or remove a VMS unit without the prior permission of the SAC.
(cc) Make a false statement, oral or written, to an authorized
officer, regarding the use, operation, or maintenance of a VMS unit.
(dd) Fish for, catch, or harvest Pacific pelagic management unit
species with longline gear without a VMS unit on board the vessel after
installation of the VMS unit by NMFS.
(ee) Possess on board a vessel without a VMS unit Pacific pelagic
management unit species harvested with longline gear after NMFS has
installed the VMS unit on the vessel.
(ff) Interfere with, impede, delay, or prevent the installation,
maintenance, repair, inspection, or removal of a VMS unit.
(gg) Interfere with, impede, delay, or prevent access to a VMS unit
by a NMFS observer.
(hh) Connect or leave connected additional equipment to a VMS unit
without the approval of the SAC.
3. Section 685.14 is revised to read as follows:
Sec. 685.14 Transit notification.
The operator of a longline fishing vessel subject to this part who
does not have on board a VMS unit while transiting the protected
species zone, must notify the NMFS Southwest Enforcement Office at
(808) 541-2727 immediately upon entering and immediately upon departing
the protected species zone. The notification must include the name of
the vessel, name of the operator, date and time (GMT) of entry or exit
from the protected species zone, and location of the vessel by latitude
and longitude to the nearest minute.
5. Section 685.16 is amended by adding text and revising its
section heading to read as follows:
Sec. 685.16 Vessel monitoring system.
(a) VMS unit. Only a VMS unit owned by NMFS and installed by NMFS
complies with the requirements of this part.
(b) Notification. After a limited entry permit holder has been
notified by the SAC of a specific date for installation of a VMS unit
in the permit holder's vessel, the vessel must carry and operate the
VMS unit after the date scheduled for installation.
(c) Fees and charges. During the experimental VMS program, a Hawaii
longline limited entry permit holder shall not be assessed any fee or
other charges to obtain and use a VMS unit, including the communication
charges related directly to requirements under this section.
Communication charges related to any additional equipment attached to
the VMS unit by the owner or operator shall be the responsibility of
the owner or operator and not NMFS.
(d) Permit holder duties. The holder of a limited entry permit and
the master of the vessel operating under the permit must:
(1) Provide opportunity for the SAC to install and make operational
a VMS unit after notification;
(2) Carry the VMS unit on board whenever the vessel is at sea; and
(3) Not remove or relocate the VMS unit without prior approval from
the SAC.
(e) Authorization by the Special Agent-in-Charge. The SAC has
authority over the installation and operation of the VMS unit. The SAC
may authorize the connection or order the disconnection of additional
equipment, including a computer, to any VMS unit when deemed
appropriate by the SAC.
(f) Observers. NMFS observers shall have access to VMS units to
verify operation, obtain data, and use the communication capabilities
of the units for official purposes.
(g) Review. During the experimental VMS program, which will end no
later than [Insert date 3 years after the effective date of the final
rule], the Council and NMFS will conduct reviews of the performance and
cost-effectiveness of the program requiring VMS units in this fishery.
The Council may recommend that the program be continued, terminated, or
modified with respect to operation, equipment, or other aspects of the
program.
[FR Doc. 94-19396 Filed 8-9-94; 8:45 am]
BILLING CODE 3510-22-W
