[Federal Register Volume 73, Number 18 (Monday, January 28, 2008)]
[Rules and Regulations]
[Pages 4759-4760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1430]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 070703215-7530-02]
RIN 0648-AU08
Fisheries off West Coast States; Pacific Coast Groundfish
Fishery; Vessel Monitoring System; Open Access Fishery; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correction.
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SUMMARY: This action corrects a final rule that was published in the
Federal Register on December 7, 2007, and which becomes effective
February 4, 2008. The final rule requires all vessels fishing pursuant
to the harvest guidelines, quotas, and other management measures
governing the open access groundfish fishery, and all non-groundfish
trawl vessels to provide declaration reports and to activate and use a
vessel monitoring system (VMS) transceiver unit while fishing off the
coasts of Washington, Oregon and California. This action corrects an
incorrect cross reference in the final rule which allows vessels that
leave the open access fishery to obtain an exemption from the VMS
reporting requirements.
DATES: Effective February 27, 2008.
FOR FURTHER INFORMATION CONTACT: Becky Renko at 206-526-6110.
SUPPLEMENTARY INFORMATION: This final rule is accessible via the
Internet at the Office of the Federal Register's Website at http://www.gpoaccess.gov/fr/index.html. Background information and documents
are available at the Pacific Fishery Management Council's (Council's)
website at http://www.pcouncil.org/.
A final rule to expand the Pacific Coast groundfish fishery vessel
monitoring system (VMS) program to include the open access and non-
groundfish trawl fisheries was published in the Federal Register on
December 7, 2007 (72 FR 69162). The final rule contained an error that
needs to be corrected. The final rule, which becomes effective on
February 4, 2008, requires all vessels fishing pursuant to the harvest
guidelines, quotas, and other management measures governing the open
access groundfish fishery and all non-groundfish trawl vessels to
provide declaration reports and to activate and use a VMS transceiver
while fishing in the exclusive economic zone (EEZ) off the coasts of
Washington, Oregon and California.
In the drafting of the rule language an incorrect cross reference
at Sec. 660.312 (d)(4)(iv) to Sec. 660.312 (b)(2) results in a
substantive change in the regulatory requirements. The inclusion of the
incorrect cross reference would allow vessels using non-groundfish
trawl gear to request and receive an exemption to the VMS program
hourly reporting requirements if they do not retain groundfish from the
EEZ. This exemption is inconsistent with the structure and purpose of
the VMS program. The VMS program requires vessels using non-groundfish
trawl gear to have and use VMS if they fish in the EEZ whether or not
groundfish are retained. The VMS program is intended to provide for
monitoring of compliance with essential fish habitat conservation (EFH)
areas where the use of bottom trawl gear is prohibited regardless of
whether groundfish are retained in order to protect the bottom habitat.
The attached correction is needed so the regulatory language implements
the action recommended by the Council and analyzed in the environmental
assessment.
Classification
The Assistant Administrator (AA) for Fisheries, NOAA, finds good
cause to waive the requirement to provide prior notice and opportunity
for public comment on this action pursuant to 5 U.S.C. 553(b)(B),
because providing prior notice and opportunity for comment would be
impracticable and contrary to the public interest. NMFS had mis-
published this exemption allowance in its final rule (72 FR 69162,
December 7, 2008). If this correction were not made promptly, some non-
groundfish trawl vessels may operate in the EEZ without VMS and NMFS
would be unable to monitor fishing relative to Essential Fish Habitat
(EFH) conservation areas where trawling is prohibited in order to
protect groundfish habitat. Because a notice and comment rulemaking may
take several months to implement it would likely not be effective until
after the start of the pink shrimp trawl fishery, a major non-
groundfish trawl fishery. In addition, several smaller non-groundfish
trawl fisheries may also be currently operating. If purchase of a VMS
unit is delayed, reimbursement funds for the purchase of a VMS unit may
be unavailable. If reimbursement funds are not available, individual
vessel owners would incur the cost of purchasing VMS units. Therefore,
it is impracticable and contrary to the public interest to provide
prior notice and an opportunity for public comment on this correction.
Dated: January 23, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
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For the reasons set out in the preamble, 50 CFR part 660 is corrected
by making the following correcting amendments:
PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN
PACIFIC
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1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
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2. In Sec. 660.312, paragraph (d)(4)(iv) is revised to read as
follows:
[[Page 4760]]
Sec. 660.312 Vessel Monitoring System (VMS) requirements.
* * * * *
(d)* * *
(4)* * *
(iv) Long-term departure exemption. A vessel participating in the
open access fishery that is required to have VMS under Sec. 660.312
(b)(3) may be exempted from VMS provisions after the end of the fishing
year in which it participated in the open access fishery, providing the
vessel submits a completed exemption report signed by the vessel owner
that includes a statement signed by the vessel owner indicating that
the vessel will not be used to take and retain or possess groundfish in
the EEZ or land groundfish taken in the EEZ during the new fishing
year.
* * * * *
[FR Doc. E8-1430 Filed 1-25-08; 8:45 am]
BILLING CODE 3510-22-S