10392 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 

225.7010–4 Implementation. 

(a) 10 U.S.C. 2534(h) prohibits the use 

of contract clauses or certifications to 

implement this restriction. 

(b) Agencies shall accomplish 

implementation of this restriction 

through use of management and 

oversight techniques that achieve the 

objectives of this section without 

imposing a significant management 

burden on the Government or the 

contractor involved. 

[FR Doc. 2015–03855 Filed 2–25–15; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 130312235–3658–02] 

RIN 0648–XD733 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Resources of the South 

Atlantic; Trip Limit Reduction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; trip limit 

reduction. 

SUMMARY: NMFS reduces the 

commercial trip limit for vermilion 

snapper in or from the exclusive 

economic zone (EEZ) of the South 

Atlantic to 500 lb (227 kg), gutted 

weight. This trip limit reduction is 

necessary to protect the South Atlantic 

vermilion snapper resource. 

DATES: This rule is effective 12:01 a.m., 

local time, March 2, 2015, until 12:01 

a.m., local time, July 1, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Britni LaVine, NMFS Southeast 

Regional Office, telephone: 727–824– 

5305, email: britni.lavine@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery includes 

vermilion snapper in the South Atlantic 

and is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The South Atlantic 

Fishery Management Council prepared 

the FMP and is implemented by NMFS 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) by regulations at 50 CFR part 622. 

The commercial quota for vermilion 

snapper in the South Atlantic is divided 

into two 6-month time periods, January 

through June and July through 

December. For the January 1 through 

June 30, 2015, fishing season, the 

commercial quota is 394,829 lb (179,091 

kg), gutted weight (438,260 lb (198,791 

kg), round weight), as specified in 50 

CFR 622.190(a)(4)(i)(C). 

Under 50 CFR 622.191(a)(6)(ii), NMFS 

is required to reduce the commercial 

trip limit for vermilion snapper from 

1,000 lb (454 kg), gutted weight (1,110 

lb (503 kg), round weight), to 500 lb 

(227 kg), gutted weight (555 lb (252 kg), 

round weight), when 75 percent of the 

fishing season quota is reached or 

projected to be reached, by filing a 

notification to that effect with the Office 

of the Federal Register, as implemented 

by the final rule for Regulatory 

Amendment 18 (78 FR 47574, August 6, 

2013). Based on current information, 

NMFS has determined that 75 percent of 

the available commercial quota for the 

January 1 through June 30, 2015, fishing 

season for vermilion snapper will be 

reached by March 2, 2015. Accordingly, 

NMFS is reducing the commercial trip 

limit for vermilion snapper to 500 lb 

(227 kg), gutted weight (555 lb (252 kg), 

round weight), in or from the South 

Atlantic EEZ at 12:01 a.m., local time, 

on March 2, 2015. This 500-lb (227-kg), 

gutted weight, trip limit will remain in 

effect until July 1, 2015, or until the 

quota is reached and the commercial 

sector closes, whichever occurs first. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of South Atlantic 

vermilion snapper and is consistent 

with the Magnuson-Stevens Act and 

other applicable laws. 

This action is taken under 50 CFR 

622.191(a)(6)(ii) and is exempt from 

review under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for Fisheries, 

NOAA (AA), finds that the need to 

immediately implement this 

commercial trip limit reduction 

constitutes good cause to waive the 

requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth in 5 

U.S.C. 553(b)(B), because prior notice 

and opportunity for public comment on 

this temporary rule is unnecessary and 

contrary to the public interest. Such 

procedures are unnecessary, because the 

rule establishing the trip limit has 

already been subject to notice and 

comment, and all that remains is to 

notify the public of the trip limit 

reduction. They are contrary to the 

public interest, because there is a need 

to immediately implement this action to 

protect the vermilion snapper resource 

since the capacity of the fishing fleet 

allows for rapid harvest of the quota. 

Prior notice and opportunity for public 

comment on this action would require 

time and would increase the probability 

that the commercial sector could exceed 

the quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

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

Dated: February 23, 2015. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2015–04024 Filed 2–23–15; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 140528460–5122–02] 

RIN 0648–BE25 

Fisheries Off West Coast States; 

Highly Migratory Fisheries; California 

Swordfish Drift Gillnet Fishery; Vessel 

Monitoring System and Pre-Trip 

Notification Requirements 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is issuing regulations 

that require use of a NMFS-approved 

vessel monitoring system (VMS) and 

institute a pre-trip notification 

requirement for West Coast large-mesh 

swordfish drift gillnet (DGN) vessel 

owners and operators. The DGN fishery 

operates under the authority of the 

Federal Fishery Management Plan for 

U.S. West Coast Fisheries for Highly 

Migratory Species (HMS FMP). 

Installing and operating VMS on vessels 

in this fishery will provide NMFS and 

law enforcement personnel with the 

ability to monitor the DGN fishery for 

compliance with conservation 

measures, efficiently deploy agents to 

inspect vessels, and provide the ability 


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to more closely examine and compare 

the distribution of observed and 

unobserved fishing effort. The pre-trip 

notification will assist NMFS with 

timely and efficient placement of 

NMFS-trained observers on board DGN 

vessels. This action implements the 

recommendations of the Pacific Fishery 

Management Council (Council) and 

satisfies terms and conditions of the 

NMFS’ 2013 Endangered Species Act 

(ESA) Section 7 Biological Opinion 

(Opinion). 

DATES: This final rule is effective on 

March 30, 2015, except for the 

amendments to paragraphs (l), (o), and 

(p) of § 660.705 and paragraphs (f)(2) 

through (g)(5) of § 660.713. Those 

paragraphs contain collection-ofinformation requirements that the Office 

of Management and Budget (OMB) has 

not yet approved under the Paperwork 

Reduction Act. NMFS will publish a 

document in the Federal Register 

announcing the effective date of these 

amendments. 

ADDRESSES: Copies of supporting 

documents that were prepared for this 

final rule, including the Regulatory 

Impact Review and the proposed rule, 

are available via the Federal 

eRulemaking Portal: http://

www.regulations.gov, docket NOAA– 

NMFS–2014–0116. A summary of the 

regulatory flexibility analysis was 

included in the proposed rule. These 

documents are also available from the 

Regional Administrator, NMFS, West 

Coast Regional Office, 7600 Sand Point 

Way NE., Bldg 1, Seattle, WA. 98115– 

0070, or 

RegionalAdministrator.WCRHMS@

noaa.gov. Written comments regarding 

the burden-hour estimates or other 

aspects of the collection-of-information 

requirements contained in this final rule 

may be submitted to the West Coast 

Region and by email to OIRA_

Submission@omb.eop.gov, or fax to 

(202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Amber Rhodes, NMFS, (562) 980–3231, 

or Amber.Rhodes@noaa.gov. 

SUPPLEMENTARY INFORMATION: The DGN 

fishery is managed under the HMS FMP, 

which was prepared by the Council and 

is implemented under the authority of 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA), 16 U.S.C. 1801, et seq., by 

regulations at 50 CFR part 660. 

Background 

On September 15, 2014, NMFS 

published a proposed rule in the 

Federal Register (79 FR 54950) that 

would add regulations at 50 CFR part 

660, subpart K, to require use of a 

NMFS-approved VMS and institute a 

48-hour pre-trip call-in notification 

requirement for DGN vessel owners and 

operators. The proposed rule was open 

to public comment through September 

30, 2014. The comments that were 

received are addressed in this rule. 

The proposed rule incorporated 

additional background information on 

the basis for the new regulations, 

including recommendations of the 

Council and information on temporary 

rules (78 FR 54548, September 4, 2013, 

and 79 FR 29377, May 22, 2014) that, 

among other measures, required the use 

of VMS and the pre-trip notification 

components being implemented with 

this rule, as well as the status of the 

DGN fishery’s compliance with the 

Marine Mammal Protection Act and 

ESA. 

New Regulations 

This final rule establishes regulations 

requiring DGN vessel owners and 

operators to use a NMFS-approved VMS 

and to notify NMFS prior to making a 

fishing trip that will use DGN gear. 

Installing and operating VMS on vessels 

in this fishery will allow NMFS and law 

enforcement personnel to monitor the 

DGN fishery for compliance with 

conservation measures, efficiently 

deploy personnel to inspect vessels, and 

more closely examine and compare the 

distribution of observed and unobserved 

fishing effort. The pre-trip notification 

will assist NMFS with timely and 

efficient placement of NMFS-trained 

observers on board DGN vessels. This 

final rule implements the 

recommendations of the Council and 

satisfies key terms and conditions of 

NMFS’ 2013 ESA Section 7 Opinion. 

Additional information regarding this 

Opinion can be found in the proposed 

rule (79 FR 54950). 

Pre-Trip Notification Requirements 

DGN vessel owners or operators will 

be required to notify the NMFS or the 

NMFS-designated observer provider at 

least 48 hours prior to departing on each 

fishing trip. The vessel owners or 

operators must provide their name, 

contact information, vessel name, port 

of departure, and estimated date and 

time of departure to the observer 

provider. Upon receipt of a pre-trip 

notification, the observer provider will 

notify the DGN vessel owner/operator 

whether their fishing trip has been 

selected for observer coverage. 

Additionally, DGN vessel owners and 

operators must provide the NMFS West 

Coast Division Office of Law 

Enforcement (OLE) with a declaration 

report before the vessel leaves port to 

fish with DGN gear in state or Federal 

waters. (See the regulatory text for pretrip notification and declaration 

reporting schedules and contact 

information.) 

VMS Requirements and Costs 

Vessel owners may choose the OLE 

type-approved VMS unit that best fits 

their needs. The unit cost, physical size, 

available features, transmission fees, 

and service packages vary among the 

different type-approved VMS mobile 

transceiver units (VMS unit). Current 

information on OLE type-approved VMS 

units can be obtained by contacting: 

OLE, 1315 East West Hwy, Suite 3301, 

Silver Spring, MD 20910–3282; 

telephone: (888) 210–9288; fax: (301) 

427–0049. Or, by contacting NMFS OLE 

VMS Helpdesk: telephone: (888) 219– 

9228; email: ole.helpdesk@noaa.gov. 

The business hours of the VMS 

Helpdesk are: Monday through Friday, 

except Federal holidays, 7 a.m. to 11 

p.m., Eastern Time. 

The vessel owner is responsible for all 

costs associated with the purchase, 

installation, and maintenance of the 

VMS unit, and for all charges levied by 

the mobile communications service 

provider as necessary to ensure the 

transmission of automatic position 

reports to NMFS. Federal funds are 

currently available for reimbursement of 

type-approved VMS units—up to $3,100 

or as determined by the VMS 

Reimbursement Program. The 

availability of funds for reimbursement 

of the cost of purchasing a VMS unit is 

not guaranteed; rather, funds are 

available on a first-come first-served 

basis. To be eligible to receive 

reimbursement, the owner must submit 

proof of professional installation of the 

VMS unit to OLE in compliance with 

the requirements of the VMS 

Reimbursement Program. More 

information on the VMS Reimbursement 

Program can be obtained by calling the 

NMFS OLE VMS Helpdesk: telephone: 

(888) 219–9228, and online: http://

www.psmfc.org/program/vesselmonitoring-system-reimbursementprogram-vms?pid=17. 

Prior to fishing, the vessel owner, or 

the vessel operator on the owner’s 

behalf, is required to send an activation 

report to OLE. Activation of a VMS unit 

is required any time the unit is installed 

or reinstalled, any time the mobile 

communications service provider has 

changed, and any other time as directed 

by NMFS. Activation involves 

submitting a report to NMFS via mail, 

facsimile or email with information 

about the vessel, its fishing strategy, its 

owner or operator, and the VMS unit, as 

well as receiving confirmation from 

NMFS that the VMS unit is transmitting 


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position reports properly. (See the 

regulatory text for more information 

regarding day-to-day operation of VMS 

units, including activation reports, 

declaration reports, exemption reports, 

repairing and replacing units, and 

contact information for OLE and the 

Special Agent-in-Charge.) 

Public Comments and Responses 

Three written public comments were 

submitted during the proposed 

rulemaking stage. One comment came in 

the form of an Enforcement Consultants 

Report to the Council during the 

Council’s September 2014 meeting. The 

other comments included suggestions 

for additional restrictions on the DGN 

fleet that are beyond the scope of this 

action and are not addressed further. 

The summarized comments that 

pertained to this rulemaking and NMFS’ 

responses are below. 

Comment 1: Small-boat DGN 

fishermen based out of San Diego, CA, 

are being unfairly punished and should 

be exempted from this rule as they do 

not venture into the Pacific Leatherback 

Closure Area or other closed areas that 

are further offshore. 

Response: The VMS requirements 

provide assurance that permitted DGN 

vessels are complying with the 

regulations found at 50 CFR 660.713. 

Without VMS coverage for the entire 

fleet, it would be difficult to monitor 

compliance with important 

conservation measures such as closed 

areas. Furthermore, some of these closed 

areas, like the Pacific Loggerhead 

Conservation Area, which was effective 

in 2014 (79 FR 43268, July 25, 2015), 

occur in near-shore southern California 

waters, including areas close to San 

Diego, CA. 

Comment 2: We request that NMFS 

modify the rule to include a continuous 

transit requirement when operating in 

closed areas and increase the frequency 

of the signal transimission rate to 15 

minutes for the VMS, consistent with 

the Enforcement Consultants Report to 

the Council at its September 2014 

meeting. 

Response: NMFS recognizes the 

Enforcement Consultants’ 

recommendation to increase the VMS 

signal transmission rate to 15 minutes in 

conjunction with a continuous transit 

requirement to improve the ability of 

NMFS to monitor vessel activity in 

closed areas. NMFS examined VMS 

tracks of DGN vessels in consideration 

of continuous transit requirements and 

found that an addition of continuous 

transit provisions to this final rule 

would likely have impacts to the fleet 

that were not considered during the 

proposed rule stage. Additionally, 

following the presentation of the 

Enforcement Consultants Report, the 

Council recommended that the VMS 

signal transmission rate for the DGN 

fishery not be further enhanced. The 

maker of the motion contended that 

such an enhancement was not the right 

tool for monitoring the DGN fishery 

since fishing with DGN gear takes 

several hours to execute once the net is 

set (e.g., 8 to 12 hour soak times), and 

further recommended that the Council 

consider other types of equipment better 

tailored to the monitoring needs of the 

fishery. The motion carried 

unanimously. This final rule is 

consistent with the Council’s 

recommendation during their 

September 2014 meeting. 

Changes From the Proposed Rule 

No substantive changes have been 

made to this rule since the proposed 

rule stage. To further clarify the specific 

contents, reporting frequency, and 

process for confirmation of receipt of 

declaration reports, additional 

information was provided at § 660.713, 

including paragraphs (f)(2)(i) and 

(f)(2)(ii), and paragraphs (g)(4)(ii) and 

(g)(4)(ii)(A). 

Classification 

The Administrator, West Coast 

Region, NMFS, has determined that this 

final rule is necessary for the 

conservation and management of the 

DGN fishery for swordfish and is 

consistent with MSA and other 

applicable laws. 

Executive Order 12866 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

Regulatory Flexibility Act 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification and no other 

information has been received that 

would impact this determination. As a 

result, a Final Regulatory Flexibility 

Analysis is not required and none was 

prepared. 

Paperwork Reduction Act (PRA) 

This final rule contains a collectionof-information requirement subject to 

the PRA. The pre-trip notification 

requirement has been approved by the 

OMB under OMB Control Number 

0648–0593. Public reporting burden for 

the pre-trip notification requirement is 

estimated to average 5 minutes per 

response, including the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. The VMS requirement is 

still pending approval by OMB under 

OMB Control Number 0648–0498. 

Public reporting burden for compliance 

with the VMS requirements are 

estimated to include a one-time, 4-hour 

response time for installing a VMS unit 

and a 1-hour response time annually to 

maintain and repair a unit. Activation 

and on-off reports are estimated to 

average 5 minutes per response, 

including time to review instructions, 

prepare, and submit the reports. Send 

comments regarding burden estimates or 

any other aspect of this data collection, 

including suggestions for reducing the 

burden, to NMFS (see ADDRESSES) and 

by email to OIRA_Submission@

omb.eop.gov, or fax to 202–395–7285. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection-of-information subject 

to the requirements of the PRA, unless 

that collection-of-information displays a 

currently valid OMB control number. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: February 13, 2015. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 660 is amended 

as follows: 

PART 660––FISHERIES OFF WEST 

COAST STATES 

■ 1. The authority citation for 50 CFR 

part 660 continues to read as follows: 

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

U.S.C. 773 et seq., and 16 U.S.C. 7001 

et seq. 

■ 2. In § 660.702, the definitions for 

‘‘Regional Administrator,’’ ‘‘SpecialAgent-In-Charge (SAC),’’ and ‘‘Vessel 

monitoring system unit (VMS unit)’’ are 

revised to read as follows: 

§ 660.702 Definitions. 

* * * * * 

Regional Administrator means the 

Regional Administrator for the West 


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Coast Region, National Marine Fisheries 

Service, or a designee. 

Special Agent-In-Charge (SAC) means 

the Special Agent-In-Charge, NMFS, 

Office of Enforcement, West Coast 

Division, or a designee of the Special 

Agent-In-Charge. 

* * * * * 

Vessel monitoring system unit (VMS 

unit) means an automated, remote 

system and mobile transceiver unit that 

is approved by NMFS and provides 

information about a vessel’s identity, 

location, and activity for the purposes of 

routine monitoring, control, 

surveillance and enforcement of area 

and time restrictions and other fishery 

management measures. 

■ 3. In § 660.705, paragraphs (l), (o), and 

(p) are revised and paragraphs (rr) and 

(ss) are added to read as follows: 

§ 660.705 Prohibitions. 

* * * * * 

(l) Fail to install, activate, repair, 

replace, carry, operate or maintain a 

VMS unit as required under § 660.712 

and § 660.713. 

* * * * * 

(o) Fish for, catch, or harvest HMS 

with longline or drift gillnet gear 

without an operating VMS unit on board 

the vessel after installation of the VMS 

unit. 

(p) Possess on board a vessel without 

an operating VMS unit HMS harvested 

with longline or drift gillnet gear after 

installation of the VMS unit. 

* * * * * 

(rr) Fail to notify NMFS or the NMFSdesignated observer provider at least 48 

hours prior to departure on a fishing trip 

using drift gillnet gear as required under 

§ 660.713. 

(ss) Fail to submit a declaration report 

to the NMFS Office of Law Enforcement 

prior to departure on a fishing trip using 

drift gillnet gear as required under 

§ 660.713. 

■ 4. In § 660.713, paragraphs (f) and (g) 

are added to read as follows: 

§ 660.713 Drift gillnet fishery. 

* * * * * 

(f) Pre-trip notification requirements. 

(1) Drift gillnet vessel owners or 

operators are required to notify NMFS 

or the NMFS-designated observer 

provider at least 48 hours prior to 

departing on each fishing trip. The 

vessel owners or operators must 

communicate to the observer provider: 

the owner’s or operator’s name, contact 

information, vessel name, port of 

departure, estimated date and time of 

departure, and a telephone number at 

which the owner or operator may be 

contacted during the business day 

(Monday through Friday between 8 a.m. 

to 4:30 p.m., Pacific Time) to indicate 

whether an observer will be required on 

the subject fishing trip. Contact 

information for the current observer 

provider can be obtained by calling the 

NMFS West Coast Region Sustainable 

Fisheries Division at 562–980–4025. 

(2) Drift gillnet vessel owners or 

operators must provide the NMFS Office 

of Law Enforcement for the West Coast 

Region (OLE) with a declaration report 

before the vessel leaves port to fish for 

thresher shark/swordfish with largemesh drift gillnet gear in state and 

federal waters between 0 and 200 

nautical miles offshore of California, 

Oregon, or Washington. Declaration 

reports will include: The vessel name 

and/or identification number, and gear 

type. 

(i) Upon receipt of a declaration 

report, OLE will provide a confirmation 

code or receipt to confirm that a valid 

declaration report was received for the 

vessel. Retention of the confirmation 

code or receipt to verify that a valid 

declaration report was filed and the 

declaration requirement was met is the 

responsibility of the vessel owner or 

operator. 

(ii) The vessel operator must send a 

new declaration report before leaving 

port on a trip during which the fishing 

gear that will be used is different from 

the gear type most recently declared for 

the vessel. A declaration report will be 

valid until another declaration report 

revising the existing gear declaration is 

received by OLE. 

(iii) OLE’s declaration hotline is 1– 

888–585–5518. The business hours for 

the OLE are Monday through Friday, 

except Federal holidays, 8 a.m. to 4:30 

p.m., Pacific Time; voice messages left 

on the hotline will be retrieved at the 

start of the next business day. 

(g) Vessel Monitoring System (VMS) 

requirements. Drift gillnet vessel owners 

are required to install an OLE typeapproved VMS mobile transceiver unit 

(VMS unit) and to arrange for a OLE 

type-approved communications service 

provider to receive and relay 

transmissions to the OLE prior to fishing 

for thresher shark/swordfish with largemesh drift gillnet gear. 

(1) What is a VMS? A VMS consists 

of an OLE type-approved VMS unit that 

automatically determines the vessel’s 

position and transmits it to an OLE 

type-approved communications service 

provider. The communications service 

provider receives the transmission and 

relays it to the OLE. 

(2) What vessels are required to have 

a VMS? Any vessel registered for use 

with both a limited-entry California 

state large-mesh thresher shark/

swordfish drift gillnet permit and a 

federal highly migratory species permit 

that fishes in state or federal waters off 

the coasts of California, Oregon, or 

Washington (0–200 nm offshore). 

(3) How are VMS units and 

communications dervice providers 

approved by OLE? 

(i) VMS unit manufacturers or 

communication service providers will 

submit products or services to the OLE 

for evaluation based on the published 

specifications. 

(ii) The OLE will publish a list of OLE 

type-approved VMS units and 

communication service providers for the 

DGN fishery in the Federal Register or 

notify the public through other 

appropriate media; and the OLE may 

publish amendments to the list as 

necessary. 

(4) 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 on 

your behalf must: 

(i) Obtain an OLE type-approved VMS 

unit and have it installed on board your 

vessel in accordance with the 

instructions provided by the OLE. You 

may obtain a copy of the VMS 

installation and operation instructions 

from the Special-Agent-In-Charge (SAC). 

(ii) Activate the VMS unit, submit an 

activation report and an initial 

declaration report, and receive 

confirmation from the OLE that the 

VMS transmissions are being received at 

least 72 hours prior to leaving port on 

a fishing trip for which VMS is required. 

Instructions for submitting an activation 

report may be obtained from the SAC. 

An activation report must again be 

submitted to the OLE following 

reinstallation of a VMS unit or change 

in service provider before the vessel 

may be used to fish in a fishery 

requiring the VMS. 

(A) Activation reports. If you are a 

vessel owner who must use VMS and 

you are activating a VMS unit for the 

first time, or reactivating a VMS unit 

following a reinstallation or change in 

service provider, you or the vessel 

operator on your behalf must fax to the 

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; and, 

if applicable, the relevant state and 

federal permit numbers for which vessel 

or owner is registered, VMS unit 

manufacturer, VMS communications 

service provider, VMS unit 

identification, and a statement signed 

and dated by the vessel owner 


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confirming compliance with the 

installation procedures provided by the 

SAC and identifying whether the VMS 

unit is primary or backup. Immediately 

following submission of an activation 

report, submit an initial declaration 

report as described in paragraph (f)(2) of 

this section using the OLE’s declaration 

hotline included in paragraph (f)(2)(iii) 

of this section. 

(B) Transferring ownership of the 

VMS unit. Ownership of the VMS unit 

may be transferred from one vessel 

owner to another vessel owner if all of 

the following documents are provided 

to the OLE: a new activation report, 

which identifies that the VMS unit was 

previously registered to another vessel, 

a notarized bill of sale showing proof of 

ownership of the VMS unit, and 

documentation from the 

communications service provider 

showing proof that the service 

agreement for the previous vessel was 

terminated and that a service agreement 

was established for the new vessel. 

(iii) Continuously operate and 

maintain the VMS unit in good working 

order 24 hours a day throughout the 

fishing year. The VMS unit must 

accurately transmit a signal indicating 

the vessel’s position at least once every 

hour, 24 hours a day throughout the 

year, unless a valid exemption report, as 

described in paragraph (g)(4)(iv)(F) of 

this section, has been confirmed by the 

OLE. A reduced signal transmission 

rate, at least once every 4 hours, may be 

authorized by the OLE when a vessel 

remains in port for an extended period 

of time. 

(iv) Submit an exemption report to be 

confirmed by the OLE as valid, as 

described at paragraph (g)(4)(iv)(F) of 

this section, and comply with all 

conditions and requirements of the VMS 

exemption identified in this section and 

specified in the exemption report for a 

vessel to be exempted from the 

requirement of continuously operating 

and maintaining the VMS unit 24 hours 

a day throughout the fishing year. 

(A) Haul out exemption. When it is 

anticipated that a vessel will be 

continuously out of the water for more 

than 7 consecutive days and the OLE 

has confirmed a valid exemption report 

has been received for the vessel, 

electrical power to the VMS 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. 

(B) Outside areas exemption. When 

the vessel will be continuously 

operating seaward of the U.S. exclusive 

economic zone (EEZ; beyond 200 nm) 

off the coasts of California, Oregon, or 

Washington for more than 7 consecutive 

days and the OLE has confirmed a valid 

exemption report has been received for 

the vessel, the VMS unit transmissions 

may be reduced or discontinued from 

the time the vessel leaves the EEZ off 

the coasts of California, Oregon, or 

Washington until the time that the 

vessel re-enters the EEZ off the coasts of 

California, Oregon, or Washington. If the 

vessel is equipped with a VMS unit that 

OLE has approved for this exemption 

and after the OLE has received an 

exemption report for the vessel, the 

vessel owner or operator can request 

that the OLE reduce or discontinue the 

VMS transmissions. 

(C) Long-term departure exemption. A 

vessel participating in the DGN fishery 

that is required to have VMS under 

paragraph (g) of this section may be 

exempted from VMS provisions after the 

end of the fishing season in which it 

fished, provided that a completed 

exemption report including a statement 

signed by the vessel owner indicating 

that the vessel will not be used to take 

and retain or possess or land swordfish 

taken in state or federal waters off the 

coasts of California, Oregon, or 

Washington during the upcoming 

fishing year is submitted to the OLE. 

(D) Emergency exemption. Vessels 

required to have VMS under paragraph 

(g) of this section may be exempted from 

VMS provisions in emergency situations 

that are beyond the vessel owner’s 

control, including but not limited to: 

fire, flooding, or extensive physical 

damage to critical areas of the vessel. A 

vessel owner may request an emergency 

exemption from the VMS requirements 

specified in paragraph (g) of this section 

for his/her vessel by contacting the OLE 

and submitting the following 

information in writing: the reasons for 

seeking an exemption including any 

supporting documents (e.g., repair 

invoices, photographs showing damage 

to the vessel, insurance claim forms, 

etc.), the time period for which the 

exemption is requested, and the location 

of the vessel while the exemption is in 

effect. The OLE will issue a written 

determination granting or denying the 

emergency exemption request. A vessel 

will not be covered by the emergency 

exemption until the OLE issues a 

determination granting the exemption. If 

an exemption is granted, the duration of 

the exemption will be specified in the 

OLE determination. 

(E) Submission of exemption reports. 

Long-term departure exemption reports 

must be signed by the vessel owner and 

submitted by fax or by emailing an 

electronic copy of the actual report to 

the OLE. If an emergency exemption 

request will be submitted, initial contact 

with the OLE must be made by 

telephone, fax or email within 24 hours 

from when the emergency incident 

occurred. All emergency exemption 

requests must be submitted in writing 

within 72 hours from when the incident 

occurred. Submission methods for 

exemption reports, except long-term 

departures and emergency exemption 

requests, may include email, facsimile, 

or telephone. The OLE will 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 vessel 

owner’s address of record. Owners of 

vessels required to use the VMS who do 

not receive instructions by mail are 

responsible for contacting OLE during 

business hours at least 3 days before the 

exemption is needed to obtain 

information necessary for exemption 

reports. The OLE must be contacted 

during business hours (Monday through 

Friday, except federal holidays, between 

8 a.m. to 4:30 p.m., Pacific Time). Any 

other categories of exemptions that have 

not been specified in paragraph (g) of 

this section may be submitted to the 

OLE through the VMS unit or another 

method deemed appropriate by the OLE. 

Before a request for a new category of 

exemption can be approved by OLE, it 

must be announced in the Federal 

Register. 

(F) Valid exemption reports. For an 

exemption report to be valid, the OLE 

must receive and confirm it at least 2 

hours and not more than 24 hours 

before the exempted activities defined at 

paragraphs (g)(4)(iv)(A) through (D) of 

this section. 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; at 

least 2 hours before the vessel is placed 

back in the water following a haul-out 

exemption; or at least 2 hours before a 

vessel resumes fishing with a largemesh drift gillnet after a long-term 

departure exemption. If a vessel is 

required to submit an activation report 

under paragraph (g)(4)(ii) of this section 

before returning to fish, that report may 

substitute for the exemption 

cancellation. After an emergency 

situation occurs that disrupts the VMS 

transmission, initial contact must be 

made with the OLE within 24 hours and 

a written emergency exemption request 

submitted within 72 hours from when 

the incident occurred. If the emergency 

situation, upon which an emergency 

exemption is based, is resolved before 


rmajette on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 10397 

the exemption expires, an exemption 

cancellation must be received by OLE at 

least 2 hours before the vessel resumes 

fishing. 

(v) When aware that transmission of 

automatic position reports has been 

interrupted, or when notified by OLE 

that automatic position reports are not 

being received, contact OLE and follow 

the instructions provided to you. Such 

instructions may include, but are not 

limited to, manually communicating the 

vessel’s position to a location 

designated by the OLE or returning to 

port until the VMS unit is operable. 

(vi) After a fishing trip during which 

interruption of automatic position 

reports has occurred, the vessel’s owner 

or operator must replace or repair the 

VMS unit prior to the vessel’s next 

fishing trip. Repair or reinstallation of a 

VMS unit or installation of a 

replacement unit, including any 

changes in communications service 

providers shall be in accordance with 

the instructions provided by the OLE. 

(vii) Make the VMS units available for 

inspection by OLE personnel, USCG 

personnel, state enforcement personnel 

or any authorized officer. 

(viii) Ensure that the VMS unit is not 

tampered with, disabled, destroyed, 

operated, or maintained improperly. 

(ix) Pay all charges levied by the 

communication service provider as 

necessary to ensure continuous 

operation of the VMS units. 

(5) What is the contact information for 

the OLE SAC? For issues related to dayto-day operation of VMS units, 

including declaration reports, activation 

reports and exemption reports, the 

SAC’s designee is the OLE VMS 

Program Manager’s office located at 

7600 Sand Point Way NE., Seattle, WA 

98115–6349; phone: (888) 585–5518; 

fax: (206) 526–6528); and email: 

wcd.vms@noaa.gov. 

[FR Doc. 2015–03955 Filed 2–25–15; 8:45 am] 

BILLING CODE 3510–22–P 


rmajette on DSK2VPTVN1PROD with RULES