[Federal Register Volume 63, Number 74 (Friday, April 17, 1998)]
[Proposed Rules]
[Pages 19235-19237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10243]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 644

[Docket No. 980413091-8091-01; I.D. 030998B]
RIN 0648-AK90


Options for Implementing Vessel Monitoring Systems Requirements 
for Highly Migratory Species Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Advance notice of proposed rulemaking (ANPR); request for 
comments.

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SUMMARY: NMFS is requesting comments on options for implementing a 
recommendation of the International Commission for the Conservation of 
Atlantic Tunas (ICCAT), requiring each member country with vessels 
greater than 24 meters (78.74 ft) in overall length and fishing for 
ICCAT species on the high seas outside the fisheries jurisdiction 
(Exclusive Economic Zone, EEZ) of that country, to adopt a pilot 
program for a satellite-based vessel monitoring system (VMS). The 3-
year ICCAT-recommended VMS pilot program is to be implemented effective 
January 1, 1999.

DATES: Written comments on this ANPR must be received on or before June 
1, 1998.
ADDRESSES: Written comments should be addressed to Rebecca Lent, Chief, 
Highly Migratory Species Management Division (F/SF1), Office of 
Sustainable Fisheries, NMFS, 1315 East-West Highway, Silver Spring, MD 
20910.

FOR FURTHER INFORMATION CONTACT: Buck Sutter, 813-570-5447; fax: 813-
570-5364; or Jill Stevenson, 301-713-2347; fax: 301-713-1917.

SUPPLEMENTARY INFORMATION:

Background

    At the 1997 annual meeting held in Madrid, Spain, ICCAT adopted a 
recommendation that each member country institute a VMS pilot project 
for vessels greater than 24 meters (78.74 ft) in total length fishing 
on the high seas outside the EEZ of a member country. The ICCAT 
recommendation calls for each member country to require the 
installation of a VMS unit on 10 percent of the vessels or on 10 
qualified vessels, whichever is greater, that target fisheries under 
ICCAT jurisdiction. In order for the United States to meet ICCAT 
obligations, 10 U.S. vessels must be equipped with operational VMS 
units by January 1, 1999.
    The Secretary of Commerce has the responsibility, under the 
Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.), to 
implement ICCAT recommendations. Fisheries that are affected by the 
ICCAT recommendation include those that target Atlantic swordfish and 
Atlantic tuna (Atlantic albacore, bluefin, bigeye, skipjack and 
yellowfin tunas) in waters outside the U.S. EEZ. NMFS is developing a 
program to implement the ICCAT recommendation and is seeking public 
comments before proceeding with program development and implementation 
by January 1, 1999. A draft plan of the U.S. program must be provided 
to ICCAT by June 1, 1998.
    The U.S. Atlantic swordfish fishery is managed under the Fishery 
Management Plan for Atlantic Swordfish and its implementing regulations 
at 50 CFR part 630, under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.) and ATCA. The 
Atlantic tunas fishery is managed under the authority of ATCA and 
regulations at 50 CFR part 285. Commercial vessels of the United States 
fishing in the Atlantic Ocean must obtain federal fisheries permits to 
land swordfish and tunas (50 CFR 630.4 and 50 CFR 285.21, 
respectively). In addition, under the High Seas Fishing Compliance Act 
(HSFCA) of 1995 and its implementing regulations (50 CFR part 300), 
U.S. vessels fishing beyond the EEZ are required to obtain a HSFCA 
permit and comply with applicable requirements, including reporting.
    The ICCAT VMS pilot program applies only to vessels larger than 24

[[Page 19236]]

meters (78.74 ft) fishing for highly migratory species on the high 
seas, outside the EEZ of a member country. The most direct mechanism 
NMFS has to identify U.S. vessels that fulfill these ICCAT requirements 
is to query the HSFCA database for vessels that meet the ICCAT size 
criteria. The subset of HSFCA permitted vessels 79 feet and larger was 
further reduced by identifying which vessels also hold an Atlantic 
swordfish and/or Atlantic tuna permit. NMFS estimates that 
approximately 33 U.S. vessels meet all ICCAT requirements. However, 
some of these vessels (e.g., trawling vessels) do not target highly 
migratory fish species, but hold HMS permits to allow retention of 
incidentally caught swordfish and tunas. These vessels would not be 
included in the pilot program because the ICCAT recommendation 
specifies selection of vessels targeting species under ICCAT 
jurisdiction. Excluding these trawling vessels, approximately 20 U.S. 
commercial vessels fit the criteria set forth by the ICCAT 
recommendation for the VMS pilot program; therefore, the United States 
must have at least 10 vessels equipped with operational VMS units by 
January 1, 1999, to meet ICCAT obligations.
    VMS is an automated, real-time, satellite-based tracking system 
coupled with a Global Positioning System (GPS) that obtains accurate 
position reports of vessels at sea. Real-time vessel location 
information is sent automatically from a transceiver on board the 
fishing vessel. ICCAT requires that any VMS used in the pilot program: 
(1) be tamper proof; (2) be fully automatic and operational at all 
times regardless of environmental conditions; (3) provide real time 
data; and (4) provide latitude and longitude, with a position accuracy 
of 500 meters or better. Several companies manufacture and distribute 
VMS units. Not all systems, however, are compatible. NMFS has initially 
determined that system compatibility is necessary to avoid confusion 
and to establish effective, cost-efficient communication protocols. The 
use of VMS by NMFS in other fisheries is discussed in 59 FR 15180, 
March 31, 1994. In addition to the four ICCAT VMS requirements listed 
above, the following system parameters have been identified by NMFS for 
the use of VMS in other fisheries, and will be required components for 
the ICCAT VMS pilot program: (1) A fully integrated International 
Maritime Satellite (Inmarsat)-C and GPS Transceiver; (2) flexible 
position reporting capabilities; (3) acceptance (e.g., trawling 
vessels) by the International Maritime Organization as meeting the 
requirements for the Global Maritime Distress and Safety System;(4) 
password protected configuration to prevent unauthorized 
reconfiguration of the transceiver;(5) incorporation of a low-cost data 
reporting mode over the signal channel to allow the transmission of the 
vessel identifier and the location of the vessel; (6) capability of 
sending and receiving Telex, E-mail and computer data; (7) secure, 
private two-way communications; (8) capability to poll the transceiver 
unit remotely to determine vessel position; (9) ability to 
automatically generate position reports during power up, power down, 
antennae disconnection, and antenna blockage; (10) global coverage; and 
(11) ability to store and forward communication.
    The installation of a VMS unit on board high-seas fishing vessels 
will provide several benefits to the vessel and the supporting 
industries. A VMS transceiver is capable of sending and receiving 
confidential communications (data and text messages) with the addition 
of a personal computer. A personal computer, however, is not part of 
the required system for the ICCAT VMS pilot program, although there 
would be benefits to the vessel owner or operator. Secure 
communications with business partners, owners and/or seafood dealers 
could provide participating vessels a mechanism to market their 
products in a manner that could enhance ex-vessel price and increase 
the vessel's competitive advantage. The captain and crew could also 
communicate with family regardless of distance from shore. The 
communication linkage with shore, via the VMS units, would allow a 
vessel to fish more efficiently and decrease the incidence of 
interrupted trips. For example, broken gear could be ordered while at 
sea, and shipped to a convenient location or brought out on another 
vessel, reducing the time wasted traveling to retrieve needed gear that 
could otherwise have been spent fishing.
    The VMS units will provide an enhanced safety feature to the 
fishing vessel. Qualified VMS units have a safety feature on the 
transceiver that could be easily activated so that an immediate 
distress signal could be sent from anywhere in the Atlantic Ocean and 
alert rescue authorities of the vessel's exact real-time position. The 
VMS unit would also provide the added safety of a second GPS on board. 
For example, in the Hawaii longline pilot VMS study between January 1, 
1996, and March 15, 1997, the U.S. Coast Guard estimated that the VMS 
assisted in approximately 120 search and rescue cases.
    Another benefit could be that vessels targeting swordfish that 
participate in the ICCAT VMS program would be eligible for the 1998 
directed swordfish closure VMS pilot program. Under that program, a 
vessel with a qualified VMS unit can apply for an Exempted Fishing 
Permit and will be allowed to retain swordfish on board the fishing 
vessel after the directed swordfish fishery has closed, provided all 
requirements to participate in that program are met. Swordfish can then 
be offloaded in a location and time that maximizes ex-vessel price. 
Information on the current swordfish pilot program can be obtained from 
NMFS, Highly Migratory Species Division (SEE ADDRESSES). NMFS is also 
investigating the possibility of providing low-interest loans for this 
program through the Fishing Finance Program.
    The ICCAT VMS pilot study will allow NMFS to monitor vessel 
position on a real-time basis anywhere in the Atlantic Ocean. All 
automated data reports received by NMFS to monitor vessel positions 
will be treated consistent with NMFS guidelines for confidential 
information. In the Hawaii longline VMS study, NMFS determined that 
remote vessel monitoring greatly enhanced the effectiveness and 
efficiency in enforcing regulatory constraints on a high-seas fishery. 
Installation of VMS units enabled law enforcement to monitor a high 
percentage of the vessels participating in the longline fishery, at a 
greatly reduced cost in comparison to traditional surveillance methods 
(i.e., aircraft and surface vessels).
    The cost of the VMS is approximately $3,500 to $5,000 per vessel 
for the initial purchase of the equipment, including the transceiver 
and antenna. Installation of the equipment will cost approximately 
$1,000, and communication charges for required automated position 
reports are about $2.50 per day. Repair and maintenance costs may 
approach $1,000 per year. Additional costs would include the purchase 
of an optional personal computer and text messages (approximately $0.01 
per character) that are sent or received by the vessel.

Alternatives

    Should it be determined that rulemaking is necessary to implement 
this mandatory ICCAT program, NMFS is currently considering the 
following alternatives to implement the ICCAT VMS pilot program:
    (1) NMFS would solicit 10 volunteers from the qualified HSFCA and 
Highly

[[Page 19237]]

Migratory Species (HMS) permit (Atlantic swordfish and Atlantic tunas) 
database with vessel lengths greater than 24 meters (78.74 ft) and 
utilizing longline gear to either purchase or use existing VMS 
equipment that qualifies under the requirements set forth in this 
Advanced Notice of Proposed Rulemaking (ANPR) for the duration of this 
3-year project.
    (2) NMFS would select 10 qualified vessels (holders of valid HSFCA 
and HMS permits, with vessel lengths greater than 24 meters (78.74 ft), 
and utilizing longline gear) and require purchase of a qualified VMS 
unit, as described by this ANPR. These vessels would be required to 
send automated position reports over the 3-year period covered by this 
pilot study.
    (3) NMFS would require purchase of a qualified VMS unit, as 
described by this ANPR, by all holders of valid HSFCA and HMS permits 
with vessel lengths greater than 24 meters (78.74 ft), that fish with 
longline gear. These vessels would be required to send automated 
position reports over the 3-year period covered by this pilot study.
    (4) NMFS would require purchase of a qualified VMS unit, as 
described by this ANPR, by all holders of an HMS permit with a vessel 
length greater than 24 meters (78.74 ft) and utilizing longline gear, 
regardless of the possession of a HSFCA permit. These vessels would be 
required to send automated position reports over the 3-year period 
covered by this pilot study.
    NMFS will not consider purchasing the individual VMS units for the 
ICCAT pilot program. The western Pacific longline pilot VMS program was 
funded by the government solely for the purposes of testing the 
application of VMS technology in longline fisheries. That study has 
been completed, and the study report is available from NMFS (See 
ADDRESSES). As a result of the success of the Hawaii VMS pilot program, 
NMFS has pursued the use of VMS in other fisheries to improve the 
enforcement of fisheries regulations. Installation of a VMS unit is now 
required by NMFS in other U.S. fisheries, at the vessel owners' or 
operators' expense, including, but not limited to, the Western Pacific 
Crustacean Fishery, Atlantic Sea Scallop Fishery, Northeast 
Multispecies Fishery, and Alaska Groundfish Fisheries. NMFS has 
convened an internal team to discuss the potential benefits of VMS in 
HMS fisheries and will be preparing a required document to ICCAT by 
June 1, 1998, outlining the planned implementation of the ICCAT VMS 
pilot program for the United States.

Request For Comments

    NMFS solicits comments on implementation of the ICCAT requirement 
to initiate, by January 1, 1999, a VMS pilot program for vessels larger 
than 24 meters (78.74 feet), that fish outside the United States EEZ. 
Comments received on this ANPR will assist NMFS in determining the 
options for rulemaking to implement the requirements of this 
international agreement.

Classification

    This advance notice of proposed rule making has been determined to 
be not significant for purposes of E.O. 12866.

    Authority: 16 U.S.C. 971 et seq.

    Dated: April 13, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-10243 Filed 4-16-98; 8:45 am]
BILLING CODE 3510-22-F