FR Doc 03-12884

[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.access.gpo.gpv/su-docs/aces/aces140.htm.
Background information and
documents are available at the NMFS Northwest Region Web site at http://www.nwr.noaa.gov/1sustfsh/gdfsh01.htm
and at the Council's Web site at
http://www.pcouncil.org.

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:

(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