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Fisheries Off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Vessel Monitoring Systems

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[Federal Register: May 22, 2003 (Volume 68, Number 99)]
[Proposed Rules]
[Page 27972-27981]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my03-43]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration (NOAA)
50 CFR Part 660
[Docket No. 030430106-3106-01; I.D. 040103C]
RIN 0648-AQ58
 
Fisheries Off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Vessel Monitoring Systems

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.

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[[Page 27973]]

SUMMARY: NMFS is proposing a rule that would require vessels registered 
to Pacific Coast groundfish fishery limited entry permits to carry and 
use mobile vessel monitoring system (VMS) transceiver units while 
fishing in the exclusive economic zone (EEZ) off the coasts of 
Washington, Oregon, and California. This action is necessary to monitor 
compliance with large-scale depth-based restrictions for fishing across 
much of the continental shelf.
    This proposed rule also requires the operators of any vessel 
registered to a limited entry permit and any other commercial or tribal 
vessel using trawl gear, including exempted gear used to take pink 
shrimp, spot and ridgeback prawns, California halibut and sea cucumber, 
to declare their intent to fish within a conservation area specific to 
their gear type, in a manner that is consistent with the conservation 
area requirements. This action is intended to further the conservation 
goals and objectives of the Pacific Coast Groundfish Fishery Management 
Plan(FMP) by allowing fishing to continue in areas and with gears that 
can harvest healthy stocks with little incidental catch of low 
abundance species.

DATES: Comments must be received by July 21, 2003.

ADDRESSES: Send comments to, D. Robert Lohn, Administrator, Northwest 
Region, NOAA Fisheries, 7600 Sand Point Way, NE, Seattle, WA 98112, 
Attn: Becky Renko. Comments also may be sent via facsimile (fax) to 
206-526-6736. Comments will not be accepted if submitted via e-mail or 
Internet.
    Copies of the environmental assessment/regulatory impact review/
initial regulatory flexibility analysis (EA/RIR/IRFA) prepared for this 
action may be obtained from the Pacific Fishery Management Council 
(Council) by writing to the Council at 7700 NE Ambassador Place, 
Portland, OR 97220, phone: 503-820-2280, or may be obtained from 
William L. Robinson, Northwest Region, NMFS, 7600 Sand Point Way N.E., 
BIN C15700, Bldg. 1, Seattle, WA 98115-0070. Send comments on 
collection-of-information requirements to the NMFS address above and to 
the Office of Information and Regulatory Affairs (OIRA), Office of 
Management and Budget (OMB), Washington DC 20503 (Attn: NOAA Desk 
Officer).

FOR FURTHER INFORMATION CONTACT: Becky Renko or Yvonne deReynier 
(Northwest Region, NMFS) 206-526-6140.

SUPPLEMENTARY INFORMATION: This rule is accessible via the Internet at 
the Office of the Federal Register's Web site at http://www.gpoaccess.gov/
fr/index.html. Exit Disclaimer Background information and documents are 
available at the NMFS Northwest Region Web site at http://www.nwr.noaa.gov/
1sustfsh/gdfsh01.htm Exit Disclaimer and at the Council's Web site at 
http://www.pcouncil.org. Exit Disclaimer

Specific Request for Comments

    NMFS is specifically seeking comment on: the requirements to send 
declaration reports prior to leaving port; prohibition of vessels 
registered to limited entry permits with trawl endorsements from 
activities other than continuous transit through the Trawl Rockfish 
Conservation Area; and the requirement for continuous VMS position 
reports, particularly as it applies to small vessels that are regularly 
removed from the water.

Background

    In general, a variety of methods are used to routinely monitor 
fishing fleets to ensure that vessel operators comply with fishery 
regulations. Traditional techniques used to monitor marine fisheries 
have been relatively limited and include monitoring from air and 
surface craft, through on-board observer programs, and by analyzing 
catch records and vessel logbooks. The efficiency of these traditional 
monitoring techniques can be enhanced by the addition of VMS and the 
use of declaration reports.
    VMS is a tool that allows vessel activity to be monitored in 
relation to geographically defined management areas. VMS transceiver 
units installed aboard vessels automatically determine the vessel's 
position and transmit that position to a processing center via a 
communication satellite. At the processing center, the information is 
validated and analyzed before being disseminated for various purposes, 
which may include fisheries management, surveillance and enforcement. 
VMS transceivers automatically determine the vessel's position using 
Global Positioning System (GPS) satellites. Generally, the vessel's 
position is determined once per hour, but the position determinations 
may be more or less frequent depending on the fishery. VMS transceivers 
are designed to be tamper resistant. In most cases, the vessel owner is 
not aware of exactly when the unit is transmitting and is unable to 
alter the signal or the time of transmission. On September 23, 1993 (58 
FR 49285)and March 31, 1994 (59 FR 15181) NMFS published VMS standards 
for transceiver units and service providers used for Federal fisheries 
management.
    Information collected under a VMS program is subject to the 
confidentiality provisions of Section 402 of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), 6 
U.S.C. 1881 a(b), and implementing regulations at 50 CFR part 600, 
Subpart E. These authorities specify in detail who may access and use 
the information and for what purposes.
    Amendment 13 to the Pacific Coast groundfish FMP recognized the 
value of VMS systems in enforcing closed areas established to reduce 
bycatch levels. Amendment 13 also identified VMS as a technological 
tool that could be used to improve bycatch management by providing 
location data that can be used in conjunction with observer data 
collections.
    Time and area closures have long been used in the Pacific Coast 
groundfish fishery to restrict fishing activity in order to keep 
harvests within sector allocations and at sustainable levels and to 
prohibit the catch of certain species. Until September 2002, 
geographically-defined areas tended to be in nearshore areas or defined 
by simple latitude and longitude lines. On September 13, 2002, NMFS 
took emergency action to implement the first depth-based management 
measures (67 FR 57973). This emergency rule restricted trawling north 
of 40[deg]10' N. lat., in the months of September-December 2002, to 
depths where darkblotched rockfish, an overfished species, was not 
expected to be encountered. These measures were taken to keep the total 
catch of darkblotched rockfish below the 2002 Optimum Yield level. The 
Darkblotched Rockfish Conservation Area was a depth-based management 
area based on bottom depth ranges where darkblotched rockfish commonly 
occur (100-250 fm). This large, irregularly-shaped geographical area 
was defined by a series of latitudinal and longitudinal coordinates 
which generally follow depth (fathom) contours. This area differed from 
previously closed areas because it extends far offshore making air and 
surface craft enforcement difficult.
    For 2003, the Council sought a management strategy that would allow 
fishing to continue in areas and with gear that can harvest healthy 
stocks with little incidental catch of low abundance species such as 
bocaccio, yelloweye, canary and darkblotched rockfish. Measures must be 
taken to protect these

[[Page 27974]]

stocks and rebuild them to sustainable biomass levels. Therefore, the 
Council recommended that NMFS define additional management areas for 
the groundfish fishery that are based on bottom depth ranges where 
these low abundance species are commonly found. For 2003, large-scale 
depth-related closed areas, referred to as rockfish conservation areas 
or RCAs, are being used to restrict both commercial and recreational 
fishing across much of the Continental Shelf. Different RCAs are 
established for different gear types, as not all gear types encounter 
each overfished species at the same rate or in similar areas. For 
example, groundfish bottom trawling is banned in some RCAs (known as 
trawl RCAs); use of non-trawl gear -- such as limited entry and open 
access longline, pot or trap is banned in other RCAs (known as non-
trawl RCAs).
    Within the RCAs, fishing likely to result in the catch of 
substantial amounts of overfished species is banned, while other 
fishing is allowed. In addition, transit of the RCAs by fishing vessels 
headed for open areas seaward of the RCAs is allowed.
    The depth-based management strategy associated with the RCAs is 
designed to allow fishing for healthy stocks to continue, while 
protecting overfished species. However, it presents new enforcement 
challenges, and requires new tools such as VMS to supplement existing 
enforcement mechanisms. NMFS and cooperating enforcement agencies (such 
as the U.S. Coast Guard and state marine law enforcement agencies) will 
continue to use traditional enforcement methods such as aerial 
surveillance and marine patrols that have proved effective in the past. 
Adding requirements for VMS and declaration reports will allow the 
enforcement agencies to continuously monitor vessels fishing in, and 
transiting through, the RCAs.
    At its September 2002 meeting, the Council indicated that the 
information provided by a VMS program will be beneficial to managing 
the groundfish fishery, specifically, in maintaining the integrity of 
new, depth-based management measures. At this same meeting, the Council 
requested that NMFS further analyze a VMS program and develop 
implementing regulations.
    At its November 2002 meeting, following public comment and Council 
discussion, the Council recommended that NMFS move forward with a 
proposed rule to implement a VMS program for the Pacific Coast 
groundfish fishery in 2003. During the initial phase of this program 
the Council recommended starting with requiring vessels registered to 
limited entry permits fishing in the EEZ off the Washington, Oregon, 
and California coasts to have VMS transceiver units. This is intended 
to be a pilot program that begins with the sector that is allocated the 
majority of the groundfish resources. In order to implement a VMS 
program effectively, the Council also recommended requiring the 
operator of any vessel registered to a limited entry permit; and any 
commercial or tribal vessel using trawl gear, including, exempted gear 
used to take pink shrimp, spot and ridgeback prawns, California halibut 
and sea cucumber, to declare their intent to fish within a conservation 
area specific to their gear type, in a manner that is consistent with 
the conservation area requirements.
    Although the Council recommended that NMFS fully fund a VMS 
monitoring program, it is not possible at this time because neither 
state nor Federal funding is available for purchasing, installing, or 
maintaining VMS transceiver units, nor is funding available for data 
transmission. Because of the critical need to monitor the integrity of 
conservation areas that protect overfished stocks, while allowing for 
the harvest of healthy stocks, NMFS believes it is necessary to proceed 
with this rulemaking. To move this rulemaking forward at this time it 
is necessary to require fishery participants to bear the cost of 
purchasing, installing, and maintaining VMS transceiver units, VMS data 
transmissions, and reporting costs associated with declaration 
requirements. If state or Federal funding becomes available, fishery 
participants may be reimbursed for all or a portion of their VMS 
expenses.

Declaration Reports

    Before the vessel is used to fish in any trawl RCA or the Cowcod 
Conservation Areas (CCA) in a manner that is consistent with the 
requirements of the conservation areas, a declaration report will be 
required from (1) any vessel registered to a limited entry permit with 
a trawl endorsement; (2) any vessel using trawl gear, including 
exempted gear used to take pink shrimp, spot and ridgeback prawns, 
California halibut and sea cucumber; and (3) any tribal vessel using 
trawl gear. In addition, declaration reports will be required from 
vessels registered to limited entry permits with longline and pot 
endorsements, before these vessels can be used to fish in any Non-trawl 
RCA or the CCA. The declaration report must be submitted before the 
vessel leaves port on the trip to fish in an RCA or CCA. Each 
declaration report will be valid until cancelled or revised by the 
vessel operator. The declaration report must state the type of fishing 
in which the vessel will engage. If the type of fishing changes, a new 
declaration report must be submitted.
    During the period that a vessel has a valid declaration report on 
file with NMFS, it cannot fish with a gear other than a gear type that 
is within the gear category (50 CFR 660.303 (b)(5)) declared by the 
vessel. In addition, on any trip on which a vessel fishes in an RCA or 
CCA, the vessel cannot participate in any fishing that is inconsistent 
with the restrictions that apply within the RCA or CCA.
    Declaration reports will be submitted to NMFS by using the VMS 
system or another approved method, such as email, facsimile or 
telephone, as identified by NMFS. Vessel operators making declaration 
reports will receive a confirmation notice or number that verifies that 
the reporting requirements were satisfied.
    Declaration Requirements Example [numsign]1: If a vessel registered 
to a limited entry permit with a trawl endorsement leaves port on a 
trip to harvest Pacific whiting during the primary season, and the 
vessel is not used in another commercial fishery in the EEZ off the 
coasts of Washington, Oregon, or California during the year, a 
declaration report will be required before the vessel leaves port on 
its trip to harvest Pacific whiting with midwater trawl gear in the 
Trawl RCA. This is the only declaration report required for this 
vessel.
    Declaration Requirements Example [numsign]2: If a vessel registered 
to a limited entry permit with a trawl endorsement is used to harvest 
pink shrimp inside the Trawl RCA from April to June; Pacific whiting 
inside the Trawl RCA from June to September; flatfish from areas not 
inside the Trawl RCA from September to December; and crab both inside 
the Trawl RCA and from areas not inside the Trawl RCA in December; the 
following declarations will be required: in April a declaration will be 
required to identify the gear as pink shrimp, spot and ridgeback prawn 
trawl gear; in June a declaration will be required to identify the gear 
as limited entry midwater trawl gear; in September a declaration will 
be sent to cancel the declaration to fish in a conservation area; in 
December a declaration will be sent identifying the gear type as crab 
or lobster gear. Each declaration report would be sent before the 
vessel leaves port on the first trip under that declaration.

[[Page 27975]]

VMS

    Under this proposed rule, any vessel registered to a limited entry 
permit for the Pacific Coast groundfish fishery will be required to 
have an operating NMFS type-approved VMS transceiver unit on board 
while fishing in the EEZ off the states of Washington, Oregon and 
California. Type-approved VMS transceiver units may include but are not 
limited to, the following features: automatically generated position 
reports from transceivers with a fully integrated, tamper proof GPS, 
two-way communications for sending and receiving messages, global or 
near global coverage, delays between position transmission and receipt 
at processing center that averages 5 minutes, ability to add sensors 
and data input devices, sleep modes that detect lack of vessel movement 
(in port) and stop sending position reports (greatly reducing power 
consumption) until the vessel begins moving again, and visual or 
audible alarms for malfunctions.
    Currently, the cost of a NMFS type-approved VMS transceiver unit, 
suitable for the Pacific Coast groundfish fishery, ranges from 
approximately $2,000 to $6,000. The charges for the transmission of VMS 
position data from these units ranges from $1.00 to $5.00 per day. NMFS 
is in the process of revising VMS standards for type-approved models 
and testing new, less expensive, VMS transceiver technologies for 
agency approval. NMFS intends to complete this approval process and 
provide the public with a list of type-approved transceiver units 
before NMFS implements a final rule requiring the use of VMS 
transceivers in the fishery. The cost for some of the VMS units that 
are being tested for type-approval are expected to be less expensive 
than the prices quoted above.
    A list of VMS transceivers that have been type-approved by NMFS 
will be mailed to the permit owner's address of record. NMFS will also 
distribute installation and activation instructions for the affected 
vessel owners. The installation of the VMS transceiver is expected to 
take less than 4 hours and will be the responsibility of the vessel 
owners. Prior to fishing, the vessel owner will be required to fax an 
activation report to NMFS to verify that the unit was installed 
correctly and has been activated. This regulatory amendment will 
require that the vessel owner or operator of a vessel registered to a 
limited entry groundfish permit use a NMFS type-approved VMS 
transceiver at all times when participating in any and all fisheries in 
the U.S. West Coast EEZ. A vessel owner required to continuously 
operate a VMS transceiver, may choose to send an exemption report to 
discontinue transmissions during a period when the vessel will be 
continuously out of the water for more than 7 consecutive days, or if 
the vessel is operating seaward of the EEZ off Washington, Oregon, or 
California for more than 7 consecutive days.

The 2003 Annual Specifications and Management Measures

    The 2003 Annual Specifications and Management Measures implemented 
gear restrictions that affect this rulemaking. When the annual 
specifications and management measures became effective on March 1, 
2003 (68 FR 11182), it became unlawful to take and retain, possess, or 
land groundfish taken with limited entry groundfish trawl and open 
access exempted trawl gear in the Trawl RCA. The only exceptions are 
for exempted trawl gear that is used to harvest pink shrimp coastwide 
and prawns north of 4[deg]10' N. lat.; and for limited entry midwater 
trawl gear used to harvest yellowtail rockfish, widow rockfish or 
Pacific whiting during the primary whiting season. Similarly, 
recreational fishing for groundfish was prohibited within the Yelloweye 
RCA and directed fishing with non-trawl gear (open access or limited 
entry) was prohibited within the Non-trawl RCA. As it was in 2002, 
recreational and commercial fishing for groundfish continues to be 
prohibited within the CCA, except that recreational and commercial 
fishing for rockfish and lingcod is permitted in waters inside 20 
fathoms (36.9 m).
    Trawl vessels may transit through the Trawl RCA, with or without 
groundfish on board, provided all groundfish trawl gear is stowed 
either: (1) below deck; or (2) if the gear cannot readily be moved, in 
a secured and covered manner, detached from all towing lines, so that 
it is rendered unusable for fishing; or (3) remaining on deck uncovered 
if the trawl doors are hung from their stanchions and the net is 
disconnected from the doors. If a vessel fishes in an RCA, it may not 
participate in any fishing on that same trip that is inconsistent with 
the restrictions that apply within the RCA. In addition, a vessel is 
prohibited from having more than one type of trawl gear on board if it 
is trawling within an RCA and may only have trawl gear authorized for 
use within an RCA on board.

Classification

    NMFS prepared an IRFA that describes the economic impact this 
proposed rule, if adopted, would have on small entities. The IRFA is 
available from NMFS (see ADDRESSES). A summary of the IRFA follows:
    A description of the action, why it is being considered, and the 
legal basis for this action are contained in the SUMMARY and at the 
beginning of this section of this proposed rule. This proposed rule 
does not duplicate, overlap, or conflict with other Federal rules.
    A range of five alternative actions were considered and analyzed. 
The alternative monitoring systems included: (1) the status quo, (2) a 
declaration system, (3) a basic VMS program with 1-way communications 
(the proposed action), (4) an upgraded VMS program with 2-way 
communications, and (5) the expanded use of fishery observers. Vessel 
plotters were recommended as a monitoring system by the industry. After 
consideration, it was determined that vessel plotters, which were 
designed as a navigational aid, would not be an adequate enforcement 
monitoring tool for depth-based management.
    Under the status quo ( Alternative 1) for 2003, large-scale depth-
related closed areas, referred to as rockfish conservation Areas or 
RCAs, are being used to restrict both commercial and recreational 
fishing across much of the Continental Shelf. The depth-based 
management strategy associated with the RCAs is designed to allow 
fishing for healthy stocks to continue, while protecting overfished 
species. However, this management system presents new enforcement 
challenges, and requires new tools to supplement existing enforcement 
mechanisms. These measures would remain in place under all 
alternatives, with increased access allowed to restricted areas as 
conditioned by the different alternatives.
    Declaration reports (Alternative 2) alone were not considered to be 
as effective as VMS in monitoring vessels location in relation to 
restricted areas. Much of the information collected by observers 
(Alternative 5) goes beyond the identified need and was by far the most 
expensive alternative.
    A VMS program is an effective tool for monitoring vessel location. 
The two approaches to VMS were: a basic VMS system (Alternative 3-
proposed action) and an upgraded VMS system (Alternative 4). The 
primary difference between the two alternatives was that the upgraded 
system uses two-way communications between the vessel and shore such 
that full or compressed data messages can be transmitted and received 
by the vessel, while the basic system only transmits positions to a 
shore station. It was determined that the

[[Page 27976]]

basic system was the minimum system that would maintain the integrity 
of the closed areas. However, this action will not preclude vessels 
from installing an upgraded VMS system.
    A VMS program that identified the sectors of the groundfish fleet 
that would be required to have a VMS or observer monitoring system was 
considered. The alternative coverage levels ranged from limited entry 
vessels actively fishing off the West Coast to all limited entry, open 
access, and recreational charter vessels regardless of where fishing 
occurs. During the initial phase of this program the Council 
recommended starting with vessels registered to limited entry permits 
fishing in the EEZ off the Washington, Oregon, and California coasts to 
be required to have VMS transceiver units. This is intended to be a 
pilot program that begins with the sector that is allocated the 
majority of the groundfish resources. In addition, alternative 
approaches for funding the purchasing, installation, and maintenance of 
VMS transceiver units, as well as the responsibilities for transmission 
of reports and data were considered and included the following 
alternatives: Vessel pays all costs, vessel pays only for the 
transceiver, NMFS pays for initial transceiver, and NMFS pays all 
costs.
    Although the Council recommended that NMFS fully fund a VMS 
monitoring program, it is not possible at this time because neither 
state nor Federal funding is available for purchasing, installing, or 
maintaining VMS transceiver units, nor is funding available for data 
transmission. Because of the critical need to monitor the integrity of 
conservation areas that protect overfished stocks, while allowing for 
the harvest of healthy stocks, NMFS believes it is necessary to proceed 
with this rulemaking.
    Approximately 424 vessels that are registered to limited entry 
permits that operate in the EEZ off the states of Washington, Oregon or 
California would be required to carry and operate a NMFS type-approved 
VMS transceiver unit. All but 10 of the affected entities qualify as 
small businesses. Vessels required to carry VMS transceiver units will 
provide installation/activation reports, hourly position reports, and 
exemption reports. As this proposed rule was developed, the burden on 
fishery participants was considered and changes were made to ensure 
that only the minimum data needed to monitor compliance with 
regulations are being required.
    In addition to VMS requirements, declaration report requirements 
would apply to vessels registered to limited entry permits with trawl 
endorsements (262 vessels); other vessels using trawl gear, including 
exempted gear used to take pink shrimp, spot and ridgeback prawns, 
California halibut and sea cucumber (299 vessels); and tribal vessels 
using trawl gear, before these vessel are used to fish in any trawl RCA 
or the CCA. In addition, declaration reports would be required from 
vessels registered to limited entry permits with longline and pot 
endorsements (167), before the vessel could be used to fish in any non-
trawl RCA or the CCA.
    The Council's VMS Committee initially considered declaration 
reports as ``per trip'' reports. Following consultation with fishery 
participants, it was determined that the needs of NMFS and the USCG 
could be met with less frequently made declaration reports. Therefore, 
it was determined that a declaration report identifying the type of 
gear being used by a vessel would remain valid until cancelled or 
revised by the vessel operator. This results in a significant reduction 
in the number of reports. Following consultation with fishery 
participants, it was determined that some vessels may prefer to reduce 
the costs of reporting when leaving the EEZ off the coasts of 
Washington, Oregon, and California. A substantial number of permitted 
vessels also fish in waters off Alaska and in areas seaward of the EEZ. 
In addition, vessels are commonly pulled out of the water for extended 
periods. To reduce the reporting burden on vessels outside the EEZ, an 
optional exemption report was proposed to allow vessels to reduce or 
discontinue VMS hourly position reports when they are out of the EEZ 
for more than 7 consecutive days.
    The proposed measure (alternative 3), which would require limited 
entry vessels to purchase and operate a VMS in the EEZ off of 
Washington, Oregon, and California, is expected to increase the 
profitability of individual vessels that participate in the VMS 
program. To determine profitability, the Council compared the costs of 
purchasing and operating a VMS unit to the increase in revenue that 
would be obtained from expanded fishing opportunities under the depth 
management program. Since revenue data for individual vessels were not 
readily available, the Council used average annual revenue per vessel 
as a proxy. In the absence of vessel operating cost data, the Council 
considered only the cost of purchasing and maintaining a VMS unit and 
assumed other costs to be constant.
    The VMS units that have been type-approved for this fishery range 
in costs and service features. This allows the vessel owner the 
flexibility in choosing the model that best fits the needs of his or 
her vessel. NMFS would pay for all costs associated with polling (when 
the processing center queries the transceiver, outside of regular 
transmission, for a position report). The costs of installation are 
minimal because the transceivers can be installed by the vessel 
operator. Vessels that already have VMS transceiver units installed for 
other fisheries or personal purposes could use their current unit, 
providing it is a model that has been type-approved for the Pacific 
Coast groundfish fishery and the software has been upgraded to meet the 
defined requirements.
    The Council estimated that, under the proposed VMS measure, costs 
of purchasing and installing the unit would be between $800 and $3800 
per individual vessel, and between $548 and $1698 per year to operate 
and maintain the unit. Revenues from expanded fishing were estimated to 
increase $26,000 per year for limited entry trawl vessels and $14,000 
per year for limited entry longline and pot vessels, far exceeding the 
exceeding the estimated start-up and maintenance costs of the VMS.
    While ex-vessel revenues appear higher on average for vessels 
likely to be required to use VMS under the depth-based management 
regime, it should be noted that fishing costs may also be higher, 
offsetting some of the apparent gain. Unfortunately, vessel cost data 
necessary to estimate this effect are currently not available. It is 
also important to keep in mind that using average revenues masks the 
variability of ex-vessel revenues in each vessel class. While on 
average, additional revenues appear greater than VMS-related costs, for 
some individual vessels in each class this will not be the case.
    Alternative 4, which would implement a two-way VMS, would produce 
higher costs per vessel (year 1 at $3,878-$7,607; subsequent years at 
$1,063-$2,342) and would yield less profit, ceteris paribis, than the 
proposed VMS alternative. Alternative 5, which would implement observer 
coverage, would be very costly at $300 per day, or $36,000 per year 
assuming 10 fishing days per month, and would most likely produce 
economic losses for the majority of limited entry vessels.
    Alternative 2, which would allow expanded fishing by use of 
declaration only, would be more profitable to limited entry vessels 
than the proposed VMS measure, since they would earn the same revenue 
at a minimal cost. However, the Council believes that

[[Page 27977]]

mandatory VMS will allow for better enforcement of fishing regulations 
and provide a more accurate database of fishing activity to better meet 
the conservation goals of the Pacific Groundfish FMP.
    The proposed measure to require all trawl vessels to declare their 
intentions to fish is expected to have only a minimal impact on 
individual trawlers since the cost of a declaration is minimal.
    Most vessels affected by this action have gross annual receipts of 
under $3.5 million and are defined as small entities under Section 601 
of the Regulatory Flexibility Act, however, there are approximately 10 
vessels defined as large entities operating in the limited trawl 
fishery. There could be some disproportionate economic impacts on small 
entities versus large entities for the group of limited entry vessels 
that are less than 40 ft (12.192 m) in length and have relatively low 
gross annual receipts. These include 90 limited entry vessels, 
comprised of 5 trawl vessels and 85 longline and pot vessels. Depending 
upon the cost of the VMS, some of these smaller vessels would be forced 
to pay a relatively larger share of their annual expenditures for 
purchase of the VMS compared to the larger vessels. All vessels that 
fish in conservation areas would increase their gross receipts by being 
able to fish in more productive areas, having the effect of increasing 
profitability and mitigating the cost of the VMS. This mitigation would 
be less for smaller vessels, due to their smaller catches and, 
therefore, income from groundfish.
    This proposed rule contains collection-of-information requirements 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). These requirements have been submitted to OMB for approval. 
Public reporting burden for these collections is estimated to average 
as follows: 4 minutes for a declaration report; 4 hours for 
installation of a VMS transceiver unit; 4 hours for annual maintenance 
of a VMS transceiver unit; 5 minutes for an installation/activation 
report; 5 seconds for each automated hourly position report; and 4 
minutes for an exemption report. These estimates include 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 NMFS (see ADDRESSES) and to OMB at the 
Office of Information and Regulatory Affairs, OMB, Washington, DC 20503 
(Attn: NOAA Desk Officer).
    Notwithstanding any other provision of the law, no person is 
required to respond 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 the collection of information displays 
a currently valid OMB Control Number.
    NMFS issued Biological Opinions (BOs) under the Endangered Species 
Act on August 10, 1990, November 26, 1991, August 28, 1992, September 
27, 1993, May 14, 1996, and December 15, 1999, pertaining to the 
effects of the groundfish fishery on chinook salmon (Puget Sound, Snake 
River spring/summer, Snake River fall, upper Columbia River spring, 
lower Columbia River, upper Willamette River, Sacramento River winter, 
Central Valley, California coastal), coho salmon (Central California 
coastal, southern Oregon/northern California coastal, Oregon coastal), 
chum salmon (Hood Canal, Columbia River), sockeye salmon (Snake River, 
Odette Lake), and steelhead (upper, middle and lower Columbia River, 
Snake River Basin, upper Willamette River, central California coast, 
California Central Valley, south-central California, northern 
California, and southern California). During the 2000 Pacific whiting 
season, the whiting fisheries exceeded the chinook bycatch amount 
specified in the Pacific whiting fishery's Biological Opinion's 
(whiting BO) (December 19, 1999) incidental catch statement estimate of 
11,000 fish, by approximately 500 fish. In the 2001 whiting season, 
however, the whiting fishery's chinook bycatch was about 7,000 fish, 
which approximates the long-term average. After reviewing data from, 
and management of, the 2000 and 2001 whiting fisheries (including 
industry bycatch minimization measures), the status of the affected 
listed chinook, environmental baseline information, and the incidental 
catch statement from the 1999 whiting BO, NMFS determined in a letter 
dated April 25, 2002, that a re-initiation of the 1999 whiting BO was 
not required. NMFS has concluded that implementation of the FMP for the 
Pacific Coast groundfish fishery is not expected to jeopardize the 
continued existence of any endangered or threatened species under the 
jurisdiction of NMFS, or result in the destruction or adverse 
modification of critical habitat. This action is within the scope of 
these consultations.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

    Dated: May 15, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended as follows:

PART 660--FISHERIES OFF THE WEST COAST STATES AND IN THE WESTERN 
PACIFIC

    1. The authority citation for part 660 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

Subpart G--West Coast Groundfish Fisheries

    2. In Sec.  660.302, add `` Address of record'', ``Groundfish 
Conservation Area or GCA'', ``Mobile transceiver unit'', ``Office for 
Law Enforcement'', and ``Vessel monitoring system or VMS'', in 
alphabetical order to read as follows:

Sec.  660.302  Definitions.

    Address of record means the business address of a person, 
partnership, or corporation used by NMFS to provide notice of actions.
* * * * *
    Groundfish Conservation Area or GCA means a geographic area defined 
by coordinates expressed in degrees latitude and longitude, created and 
enforced for the purpose of contributing to the rebuilding of 
overfished West Coast groundfish species. Specific GCAs are referred to 
or defined at Sec.  660.304(c).
* * * * *
    Mobile transceiver unit means a device installed on board a vessel 
that is used for monitoring a vessel and for transmitting the vessel's 
position as required by this subpart.
    Office for Law Enforcement (OLE) refers to the National Marine 
Fisheries Service, Office for Law Enforcement, Northwest Division.
* * * * *
    Vessel monitoring system or VMS means a vessel monitoring system or 
mobile transceiver unit as set forth in Sec.  660.359 and approved by 
NMFS for use on vessels that take (directly or

[[Page 27978]]

incidentally) species managed under the Pacific Coast Groundfish FMP, 
as required by this subpart.
    3. Section 660.303 is revised to read as follows:

Sec.  660.303  Reporting and recordkeeping.

    (a) This subpart recognizes that catch and effort data necessary 
for implementing the PCGFMP are collected by the States of Washington, 
Oregon, and California under existing state data collection 
requirements. Telephone surveys of the domestic industry may be 
conducted by NMFS to determine amounts of whiting that may be available 
for reallocation under 50 CFR 660.323(a)(4)(vi). No Federal reports are 
required of fishers or processors, so long as the data collection and 
reporting systems operated by state agencies continue to provide NMFS 
with statistical information adequate for management.
    (b) Any person who is required to do so by the applicable state law 
must make and/or file, retain, or make available any and all reports of 
groundfish landings containing all data, and in the exact manner, 
required by the applicable state law.
    (c) Any person landing groundfish must retain on board the vessel 
from which groundfish is landed, and provide to an authorized officer 
upon request, copies of any and all reports of groundfish landings 
containing all data, and in the exact manner, required by the 
applicable state law throughout the cumulative limit period during 
which a landing occurred and for 15 days thereafter.
    (d) Reporting requirements for vessels fishing in conservation 
areas--(1) Declaration reports for trawl vessels intending to fish in a 
conservation area. The operator of any vessel registered to a limited 
entry permit with a trawl endorsement; any vessel using trawl gear, 
including exempted gear used to take pink shrimp, spot and ridgeback 
prawns, California halibut and sea cucumber; or any tribal vessel using 
trawl gear must provide NMFS with a declaration report, as specified at 
paragraph 660.303(d)(5), of this section to identify the intent to fish 
within the CCA, as defined at Sec.  660.304, or any trawl RCA, as 
defined in the groundfish annual management measures that are published 
in the Federal Register.
    (2) Declaration reports for non-trawl vessels intending to fish in 
a conservation area. The operator of any vessel registered to a limited 
entry permit with a longline or pot endorsement must provide NMFS OLE 
with a declaration report, as specified at paragraph (d)(5) of this 
section, to identify the intent to fish within the CCA, as defined at 
Sec.  660.304, or any non-trawl RCA, as defined in the groundfish 
annual management measures that are published in the Federal Register.
    (3) When a declaration report for fishing in a conservation area is 
required, as specified in paragraphs (d)(1) and (d)(2) of this section, 
it must be submitted before the vessel leaves port:
    (i) On a trip in which the vessel will be used to fish in a 
conservation area for the first time during the calendar year;
    (ii) On a trip in which the vessel will be used to fish in a 
conservation area with a gear type that is different from the gear 
declaration provided on a valid declaration report as defined at 
paragraph 660.303 (d)(6) of this section; or
    (iii) On a trip in which the vessel will be used to fish in a 
conservation area for the first time after a declaration report to 
cancel fishing in a conservation area was received by NMFS.
    (4) Declaration report to cancel fishing in a conservation area. 
The operator of any vessel that provided NMFS with a declaration report 
for fishing in a conservation area, as required at paragraphs (d)(1) or 
(d)(2) of this section, must submit a declaration report to NMFS OLE to 
cancel the current declaration report before the vessel leaves port on 
a trip in which the vessel is used to fish with a gear that is not in 
the same gear category set out in paragraph 660.303 (d)(5)(i) declared 
by the vessel in the current declaration.
    (5) Declaration reports will include: the vessel name and/or 
identification number, and gear declaration (as defined in paragraph 
660.303(d)(5)(i)). Upon receipt of a declaration report, NMFS will 
provide a confirmation code or receipt. Retention of the confirmation 
code or receipt to verify that the declaration requirement was met is 
the responsibility of the vessel owner or operator.
    (i) One of the following gear types must be declared:
    (A) Limited entry fixed gear,
    (B) Limited entry midwater trawl,
    (C) Limited entry bottom trawl,
    (D) Trawl gear including exempted gear used to take pink shrimp, 
spot and ridgeback prawns, California halibut south of Pt. Arena, CA, 
and sea cucumber.
    (E) Tribal trawl,
    (F) Other gear including: gear used to take spot and ridgeback 
prawns, crab or lobster, Pacific Halibut, Salmon, California halibut, 
California sheephead, species managed under the Highly Migratory 
Species Fishery Management Plan, species managed under the Coastal 
Pelagic Species Fishery Management Plan, and any species in the gillnet 
complex as managed by the State of California.
    (G) Non-trawl gear used to take groundfish.
    (ii) Declaration reports must be submitted through the VMS or 
another method that is approved by NMFS OLE and announced in the 
Federal Register. Other methods may include email, facsimile, or 
telephone. NMFS OLE will provide, through appropriate media, 
instructions to the public on submitting declaration reports. 
Instructions and other information needed to make declarations may be 
mailed to the limited entry permit owner's address of record. NMFS will 
bear no responsibility if a notification is sent to the address of 
record and is not received because the permit owner's actual address 
has changed without notification to NMFS, as required at Sec.  660.335 
(a)(2). Owners of vessels that are not registered to limited entry 
permits and owners of vessels registered to limited entry permits that 
did not receive instructions by mail are responsible for contacting 
NMFS OLE during business hours at least 3 days before the declaration 
is required to obtain information needed to make declaration reports. 
NMFS OLE must be contacted during business hours (Monday through Friday 
between 0800 and 1700 Pacific Time).
    (6) A declaration report will be valid until a declaration report 
to revise the existing gear declaration or a declaration report to 
cancel fishing in a conservation area is received by NMFS OLE. During 
the period that a vessel has a valid declaration report on file with 
NMFS, it cannot fish with a gear other than a gear type that is within 
the gear category (50 CFR 660.303 (d)(5)) declared by the vessel. After 
a declaration report to cancel fishing in the RCA is received, that 
vessel must not fish in a conservation area until another declaration 
report for fishing by that vessel in a conservation area is received by 
NMFS.
    4. Section 660.304 is revised to read as follows:

Sec.  660.304  Management areas, including conservation areas, and 
commonly used geographic coordinates.

    (a) Management areas
    (1) Vancouver. (i) The northeastern boundary is that part of a line 
connecting the light on Tatoosh Island, WA, with the light on Bonilla 
Point on Vancouver Island, British Columbia (at 48[deg]35'75'' N. lat., 
124[deg]43'00'' W. long.) south of the International Boundary

[[Page 27979]]

between the U.S. and Canada (at 48[deg]
29'37.19'' N. lat., 
124[deg]43'33.19'' W. long.), and north of the point where that line 
intersects with the boundary of the U.S. territorial sea.
    (ii) The northern and northwestern boundary is a line connecting 
the following coordinates in the order listed, which is the provisional 
international boundary of the EEZ as shown on NOAA/NOS Charts 
[numsign]18480 and [numsign]18007:

------------------------------------------------------------------------
                 Point                      N. lat.          W. long.
------------------------------------------------------------------------
                   1                    48[deg]29'37.19  124[deg]43'33.1
                                                    ''              9''
                   2                    48[deg]30'11''   124[deg]47'13''
                   3                    48[deg]30'22''   124[deg]50'21''
                   4                    48[deg]30'14''   124[deg]54'52''
                   5                    48[deg]29'57''   124[deg]59'14''
                   6                    48[deg]29'44''   125[deg]00'06''
                   7                    48[deg]28'09''   125[deg]05'47''
                   8                    48[deg]27'10''   125[deg]08'25''
                   9                    48[deg]26'47''   125[deg]09'12''
                  10                    48[deg]20'16''   125[deg]22'48''
                  11                    48[deg]18'22''   125[deg]29'58''
                  12                    48[deg]11'05''   125[deg]53'48''
                  13                    47[deg]49'15''   126[deg]40'57''
                  14                    47[deg]36'47''   127[deg]11'58''
                  15                    47[deg]22'00''   127[deg]41'23''
                  16                    46[deg]42'05''   128[deg]51'56''
                  17                    46[deg]31'47''   129[deg]07'39''
------------------------------------------------------------------------

    (iii) The southern limit is 47[deg]30' N. lat.
    (2) Columbia. (i) The northern limit is 47[deg]30' N. lat.
    (ii) The southern limit is 43[deg]00' N. lat.
    (3) Eureka. (i) The northern limit is 43[deg]00' N. lat.
    (ii) The southern limit is 40[deg]30' N. lat.
    (4) Monterey. (i) The northern limit is 40[deg]30' N. lat.
    (ii) The southern limit is 36[deg]00' N. lat.
    (5) Conception. (i) The northern limit is 36[deg]00' N. lat.
    (ii) The southern limit is the U.S.- Mexico International Boundary, 
which is a line connecting the following coordinates in the order 
listed:

------------------------------------------------------------------------
                     Point                        N. lat.      W. long.
------------------------------------------------------------------------
                       1                        32[deg]35'2     117[deg]
                                                        2''      27'49''
                       2                        32[deg]37'3  117[deg]49'
                                                        7''         31''
                       3                        31[deg]07'5  118[deg]36'
                                                        8''         18''
                       4                        30[deg]32'3  121[deg]51'
                                                        1''         58''
------------------------------------------------------------------------

    (b) Commonly used geographic coordinates.
    (1) Cape Falcon, OR--45[deg]46' N. lat.
    (2) Cape Lookout, OR----45[deg]20'15'' N. lat.
    (3) Cape Blanco, OR--42[deg]50' N. lat.
    (4) Cape Mendocino, CA--40[deg]30' N. lat.
    (5) North/South management line--40[deg]10' N. lat.
    (6) Point Arena, CA--38[deg]57'30'' N. lat.
    (7) Point Conception, CA--34[deg]27' N. lat.
    (c) Groundfish Conservation Areas (GCAs). In Sec.  660.302, a GCA 
is defined as ``a geographic area defined by coordinates expressed in 
latitude and longitude, created and enforced for the purpose of 
contributing to the rebuilding of overfished West Coast groundfish 
species.'' Specific GCAs may be defined here in this paragraph, or in 
the Federal Register, within the harvest specifications and management 
measures process. While some GCAs may be designed with the intent that 
their shape be determined by ocean bottom depth contours, their shapes 
are defined in regulation by latitude/longitude coordinates and are 
enforced by those coordinates. Fishing activity that is prohibited or 
permitted within a particular GCA is detailed in Federal Register 
documents associated with the harvest specifications and management 
measures process.
    (1) Rockfish Conservation Areas (RCAs). RCAs are defined in the 
Federal Register through the harvest specifications and management 
measures process. RCAs may apply to a single gear type or to a group of 
gear types, such as ``trawl RCAs'' or ``non-trawl RCAs''.
    (2) Cowcod Conservation Areas (CCAs). (i) The Western CCA is an 
area south of Point Conception that is bound by straight lines 
connecting all of the following points in the order listed:
    33[deg]50' N. lat., 119[deg]30' W. long.;
    33[deg]50' N. lat., 118[deg]50' W. long.;
    32[deg]20' N. lat., 118[deg]50' W. long.;
    32[deg]20' N. lat., 119[deg]37' W. long.;
    33[deg]00' N. lat., 119[deg]37' W. long.;
    33[deg]00' N. lat., 119[deg]53' W. long.;
    33[deg]33' N. lat., 119[deg]53' W. long.;
    33[deg]33' N. lat., 119[deg]30' W. long.;
    and connecting back to 33[deg]50' N. lat., 119[deg]30' W. long.
    (2) The Eastern CCA is a smaller area west of San Diego that is 
bound by straight lines connecting all of the following points in the 
order listed:
    32[deg]42' N. lat., 118[deg]02 W. long.;
    32[deg]42' N. lat., 117[deg]50 W. long.;
    32[deg]36'42'' N. lat., 117[deg]50 W. long.;
    32[deg]30' N. lat., 117[deg]53'30'' W. long.;
    32[deg]30' N. lat., 118[deg]02 W. long.;
    and connecting back to 32[deg]42' N. lat., 118[deg]02' W. long.
    (d) Yelloweye Rockfish Conservation Area (YRCA). The YRCA is a C-
shaped area off the northern Washington coast that is bound by straight 
lines connecting all of the following points in the order listed:
    48[deg]18' N. lat., 125[deg]18' W. long.;
    48[deg]18' N. lat., 124[deg]59' W. long.;
    48[deg]11' N. lat., 124[deg]59' W. long.;
    48[deg]11' N. lat., 125[deg]11' W. long.;
    48[deg]04' N. lat., 125[deg]11' W. long.;
    48[deg]04' N. lat., 124[deg]59' W. long.;
    48[deg]00' N. lat., 124[deg]59' W. long.;
    48[deg]00' N. lat., 125[deg]18' W. long.;
    and connecting back to 48[deg]18' N. lat., 125[deg]18' W. long.
    (e) International boundaries. (1) Any person fishing subject to 
this subpart is bound by the international boundaries described in this 
section, notwithstanding any dispute or negotiation between the United 
States and any neighboring country regarding their respective 
jurisdictions, until such time as new boundaries are established or 
recognized by the United States.
    (2) The inner boundary of the fishery management area is a line 
coterminous with the seaward boundaries of the States of Washington, 
Oregon, and California (the ``3-mile limit'').
    (3) The outer boundary of the fishery management area is a line 
drawn in such a manner that each point on it is 200 nm from the 
baseline from which the territorial sea is measured, or is a 
provisional or permanent international boundary between the United 
States and Canada or Mexico.
* * * * *
    5. In Sec.  660.306, new paragraphs (z), (aa) and (bb) are added to 
read as follows:

Sec.  660.306  Prohibitions.

* * * * *
    (z) Vessel monitoring systems. (1) Use any vessel registered to a 
limited entry permit to operate in the EEZ off the States of 
Washington, Oregon or California unless that vessel carries a NMFS OLE 
type-approved mobile transceiver unit and complies with the 
requirements described at Sec.  660.359.
    (2) Fail to install, activate, repair or replace a mobile 
transceiver unit prior to leaving port as specified at Sec.  660.359.
    (3) Fail to operate and maintain a mobile transceiver unit on board 
the vessel at all times as specified at Sec.  660.359.
    (4) Tamper with, damage, destroy, alter, or in any way distort, 
render useless, inoperative, ineffective, or inaccurate the VMS, mobile 
transceiver unit, or VMS signal required to be installed on or 
transmitted by a vessel as specified at Sec.  660.359.
    (5) Fail to contact NMFS OLE or follow NMFS OLE instructions when 
automatic position reporting has been interrupted as specified at Sec.  
660.359.
    (aa) Fishing in conservation areas. (1) Fish with any trawl gear, 
including exempted gear used to take pink shrimp, spot and ridgeback 
prawns, California halibut south of Pt. Arena, CA, and sea cucumber; or 
with trawl gear from a tribal vessel or with any gear from a vessel 
registered to a groundfish limited entry permit in a conservation area

[[Page 27980]]

unless the vessel owner or operator has a valid declaration 
confirmation code or receipt for fishing in conservation area as 
specified at Sec.  660.303(d)(5).
    (bb) Operate any vessel registered to a limited entry permit with a 
trawl endorsement in a Trawl Rockfish Conservation Area (as defined at 
660.302), except for purposes of continuous transiting, provided that 
all groundfish trawl gear is stowed in accordance with 660.322(b)(8) or 
as authorized in the annual groundfish management measures published in 
the Federal Register.
    6. In Sec.  660.322, new paragraph (b)(7) is added to read as 
follows:

Sec.  660.322  Gear restrictions.

    (b) * * *
    (7) Trawl vessels may transit through the trawl RCA, with or 
without groundfish on board, provided all groundfish trawl gear is 
stowed either:
    (i) Below deck; or
    (ii) If the gear cannot readily be moved, in a secured and covered 
manner, detached from all towing lines, so that it is rendered unusable 
for fishing; or
    (iii) Remaining on deck uncovered if the trawl doors are hung from 
their stanchions and the net is disconnected from the doors.
    7. Section 660.359 is added to subpart G to read as follows:

Sec.  660.359  Vessel Monitoring System (VMS) requirements.

    (a) What is a VMS? A VMS consists of a NMFS OLE type-approved 
mobile transceiver unit that automatically determines the vessel's 
position and transmits it to a NMFS OLE type-approved communications 
service provider. The communications service provider receives the 
transmission and relays it to NMFS OLE.
    (b) Who is required to have VMS? A vessel registered for use with a 
Pacific Coast groundfish limited entry permit that fishes in the EEZ 
off the States of Washington, Oregon or California is required to 
install a NMFS OLE type-approved mobile transceiver unit and to arrange 
for an NMFS OLE type-approved communications service provider to 
receive and relay transmissions to NMFS OLE, prior to fishing in the 
EEZ.
    (c) How are mobile transceiver units and communications service 
providers approved by NMFS OLE? (1) NMFS OLE will publish type-approval 
specifications for VMS components in the Federal Register or notify the 
public through other appropriate media.
    (2) Mobile transceiver unit manufacturers or communication service 
providers will submit products or services to NMFS OLE for evaluation 
based on the published specifications.
    (3) NMFS OLE may publish a list of NMFS OLE type-approved mobile 
transceiver units and communication service providers for the Pacific 
Coast groundfish fishery in the Federal Register or notify the public 
through other appropriate media. As necessary, NMFS OLE may publish 
amendments to the list of type-approved mobile transceiver units and 
communication service providers in the Federal Register or through 
other appropriate media. A list of VMS transceivers that have been 
type-approved by NMFS OLE may be mailed to the permit owner's address 
of record. NMFS will bear no responsibility if a notification is sent 
to the address of record and is not received because the applicant's 
actual address has changed without notification to NMFS, as required at 
Sec.  660.335 (a)(2).
    (d) What are the vessel owner's responsibilities? If you are a 
vessel owner that must participate in the VMS program, you or the 
vessel operator must:
    (1) Obtain a NMFS OLE type-approved mobile transceiver unit and 
have it installed on board your vessel in accordance with the 
instructions provided by NMFS OLE. You may get a copy of the VMS 
installation and operation instructions from the NMFS OLE Northwest, 
VMS Program Manager upon Request at 7600 Sand Point Way NE, Seattle, WA 
98115-6349, phone: (206)526-6133.
    (2) Activate the mobile transceiver unit, submit an activation 
report, and receive confirmation from NMFS OLE that the VMS 
transmissions are being received before participating in a fishery 
requiring the VMS. Instructions for submitting an activation report may 
be obtained from the NMFS OLE, Northwest VMS Program Manager upon 
request at 7600 Sand Point Way NE, Seattle, WA 98115-6349, phone: 
(206)526-6133. An activation report must again be submitted to NMFS OLE 
following reinstallation of a mobile transceiver unit or change in 
service provider before the vessel may participate in a fishery 
requiring the VMS.
    (i) Activation reports. If you are a vessel owner who must use VMS 
and you are activating a VMS transceiver unit for the first time or 
reactivating a VMS transceiver unit following a reinstallation of a 
mobile transceiver unit or change in service provider, you must fax 
NMFS OLE an activation report that includes: Vessel name; vessel 
owner's name, address and telephone number, vessel operator's name, 
address and telephone number, USCG vessel documentation number/state 
registration number; if applicable, the groundfish permit number the 
vessel is registered to; VMS transceiver unit manufacturer; VMS 
communications service provider; VMS transceiver identification; and a 
statement signed and dated by the vessel owner confirming compliance 
with the installation procedures provided by NMFS OLE.
    (ii) [Reserved]
    (3) Operate the mobile transceiver unit continuously 24 hours a day 
throughout the calendar year, unless such vessel is exempted under 
paragraph(d)(4)of this section.
    (4) VMS exemptions. A vessel that is required to operate the mobile 
transceiver unit continuously 24 hours a day throughout the calendar 
year may be exempted from this requirement if a valid exemption report, 
as described at paragraph (d)(4)(iii) of this section, is received by 
NMFS OLE and the vessel is in compliance with all conditions and 
requirements of the VMS exemption identified in this section.
    (i) Haul out exemption. When it is anticipated that a vessel will 
be continuously out of the water for more than 7 consecutive days and a 
valid exemption report has been received by NMFS OLE, electrical power 
to the VMS mobile transceiver unit may be removed and transmissions may 
be discontinued. Under this exemption VMS transmissions can be 
discontinued from the time the vessel is removed from the water until 
the time that the vessel is placed back in the water.
    (ii) Outside areas exemption. When the vessel will be operating 
seaward of the EEZ off Washington, Oregon, or California for more than 
7 consecutive days and a valid exemption report has been received by 
NMFS OLE, the VMS mobile transceiver unit transmissions may be reduced 
or discontinued from the time the vessel leaves the EEZ off the coasts 
of Washington, Oregon or California until the time that the vessel re-
enters the EEZ off the coasts of Washington, Oregon or California. 
Under this exemption, the vessel owner or operator can request that 
NMFS OLE reduce or discontinue the VMS transmissions after receipt of 
an exemption report, if the vessel is equipped with a VMS transceiver 
unit that NMFS OLE has approved for this exemption.
    (iii) Exemption reports must be submitted through the VMS or 
another method that is approved by NMFS OLE and announced in the 
Federal Register. Other methods may include email, facsimile, or 
telephone. NMFS OLE will

[[Page 27981]]

provide, through appropriate media, instructions to the public on 
submitting exemption reports. Instructions and other information needed 
to make exemption reports may be mailed to the limited entry permit 
owner's address of record. NMFS will bear no responsibility if a 
notification is sent to the address of record and is not received 
because the permit owner's actual address has changed without 
notification to NMFS, as required at Sec.  660.335 (a)(2). Owners of 
vessels registered to limited entry permits that did not receive 
instructions by mail are responsible for contacting NMFS OLE during 
business hours at least 3 days before the exemption is required to 
obtain information needed to make exemption reports. NMFS OLE must be 
contacted during business hours (Monday through Friday between 0800 and 
1700 Pacific Standard Time).
    (iv) Exemption reports must be received by NMFS at least 2 hours 
and not more than 24 hours before the exempted activities defined at 
paragraphs (d)(4)(i) and (ii) of this section occur. An exemption 
report is valid until NMFS receives a report canceling the exemption. 
An exemption cancellation must be received at least 2 hours before the 
vessel re-enters the EEZ following an outside areas exemption or at 
least 2 hours before the vessel is placed back in the water following a 
haul out exemption.
    (5) When aware that transmission of automatic position reports has 
been interrupted, or when notified by NMFS OLE that automatic position 
reports are not being received, contact NMFS OLE at 7600 Sand Point Way 
NE, Seattle, WA 98115-6349, phone: (206)526-6133 and follow the 
instructions provided to you. Such instructions may include, but are 
not limited to, manually communicating to a location designated by NMFS 
OLE the vessel's position or returning to port until the VMS is 
operable.
    (6) After a fishing trip during which interruption of automatic 
position reports has occurred, the vessel's owner or operator must 
replace or repair the mobile transceiver unit prior to the vessel's 
next fishing trip. Repair or reinstallation of a mobile transceiver 
unit or installation of a replacement, including change of 
communications service provider shall be in accordance with the 
instructions provided by NMFS OLE and require the same certification.
    (7) Make the mobile transceiver units available for inspection by 
NMFS OLE personnel, U.S. Coast Guard personnel, state enforcement 
personnel or any authorized officer.
    (8) Ensure that the mobile transceiver unit is not tampered with, 
disabled, destroyed or operated improperly.
    (9) Pay all charges levied by the communication service provider as 
necessary to ensure continuous operation of the VMS transceiver units.

[FR Doc. 03-12884 Filed 5-21-03; 8:45 am]
BILLING CODE 3510-22-S

 
 

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