42610 Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 140902739–5224–02] 

RIN 0648–XF672 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish Fishery; 2017 Illex Squid 

Quota Harvested 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reduction of 

possession limit. 

SUMMARY: NMFS announces a 10,000 lb 

(4.535 kg) trip limit that may not be 

landed more than once per day for the 

Illex squid fishery beginning September 

1, 2017. This prohibition is required by 

regulation because NMFS projects that 

95 percent of the 2017 annual catch 

limit will have been caught by the 

effective date. This action is intended to 

prevent over harvest of Illex squid for 

the fishing year. 

DATES: Effective 0001 hr local time, 

September 1, 2017, through December 

31, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Alyson Pitts, Fishery Management 

Specialist, (978) 281–9352. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the Illex squid 

fishery are at 50 CFR part 648. The 

regulations require specifications for 

maximum sustainable yield, initial 

optimum yield, allowable biological 

catch (ABC), domestic annual harvest 

(DAH), domestic annual processing, 

joint venture processing, and total 

allowable levels of foreign fishing for 

the species managed under the Atlantic 

Mackerel, Squid, and Butterfish Fishery 

Management Plan (FMP). The 

procedures for setting the annual initial 

specifications are described in § 648.22. 

The regulations at § 648.24(a)(2) 

require that when the NMFS 

Administrator of the Greater Atlantic 

Region (Regional Administrator) 

projects Illex squid catch will reach 95 

percent of the DAH quota designated in 

the FMP, NMFS must prohibit Federal 

Illex squid vessel permit holders from 

fishing for, catching, possessing, 

transferring, or landing more than 

10,000 lb (4,535 kg) of Illex squid per 

trip and landing no squid more than 

10,000 lb (4,535 kg) once per calendar 

day for the remainder of the prohibition 

period. This type of prohibition 

effectively closes the directed Illex 

squid fishery. The Regional 

Administrator monitors the Illex squid 

fishery catch annually based on dealer 

reports, state data, and other available 

information. When 95 percent of the 

DAH has been reached, NMFS must 

provide at least 72 hours of notice to the 

public that this determination has been 

made. NMFS must also publish the date 

that the catch is projected to reach 95 

percent of the quota, and the date when 

prohibitions on catch and landings for 

the remainder of the fishing year 

become effective. 

The Regional Administrator has 

determined, based on dealer reports and 

other available information, that the 

Illex squid fleet will catch 95 percent of 

the total Illex squid DAH quota for the 

2017 season through December 31, 

2017, by September 1, 2017. Therefore, 

effective 0001 hr local time, September 

1, 2017, federally permitted vessels may 

not fish for, catch, possess, transfer, or 

land more than 10,000 lb (4,535 kg) of 

Illex squid per trip and may not land 

more than 10,000 lb (4,535 kg) once per 

calendar day. In addition, vessels that 

have entered port before 0001 hr on 

September 1, 2017, may offload and sell 

more than 10,000 lb (4,535 kg) of Illex 

squid from that trip. Also, federally 

permitted dealers may not receive Illex 

squid from federally permitted Illex 

squid vessels that harvest more than 

10,000 lb (4,535 kg) of Illex squid 

through 2400 hr local time, December 

31, 2017, unless it is from a trip landed 

by a vessel that entered port before 0001 

hr on September 1, 2017. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

NMFS finds good cause pursuant to 5 

U.S.C. 553(b)(B) to waive prior notice 

and the opportunity for public comment 

because it would be contrary to the 

public interest and impracticable. The 

Illex squid fishery opened for the 2017 

fishing year on January 1, 2017. Data 

and other information indicating the 

Illex squid fleet will have landed at least 

95 percent of the 2017 DAH quota have 

only recently become available. 

Landings data is updated on a weekly 

basis, and NMFS monitors catch data on 

a daily basis as catch increases toward 

the limit. Further, high-volume catch 

and landings in this fishery increases 

total catch relative to the quota quickly. 

The regulations at § 648.24(a)(2) require 

such action to ensure that Illex squid 

vessels do not exceed the 2017 DAH 

quota. If implementation of this action 

is delayed to solicit prior public 

comment, the quota for the 2017 fishing 

year may be exceeded, thereby 

undermining the conservation 

objectives of the FMP. Also, the public 

had prior notice and full opportunity to 

comment on this process when these 

provisions were put in place. Based on 

these considerations, NMFS further 

finds, pursuant to 5 U.S.C 553(d)(3), 

good cause to waive the 30-day delayed 

effectiveness period for the reasons 

stated above. 

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

Dated: September 6, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–19208 Filed 9–6–17; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Doc. No. 170113076–7772–02] 

RIN 0648–BG60 

Omnibus Framework Adjustment 

Requiring Electronic Vessel Trip 

Reporting for Federally-Permitted 

Party and Charter Vessel Operators in 

the Mid-Atlantic Region 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This action approves and 

implements regulations submitted by 

the Mid-Atlantic Fishery Management 

Council in an Omnibus Framework 

Adjustment to all of its fishery 

management plans. The Electronic 

Vessel Trip Report Framework 

implements a requirement for charter 

and party vessels that hold a permit to 

fish for Atlantic bluefish, black sea bass, 

scup, summer flounder, tilefish, squid, 

Atlantic mackerel, and/or butterfish, 

while on a trip carrying passengers for 

hire, to submit required vessel trip 

reports by electronic means. This action 

is intended to increase the timeliness, 

accuracy, and quality of fisheries data 

submitted to NMFS while also reducing 

the burden on the charter and party 

fishing fleets. 

DATES: This rule is effective March 12, 

2018. 

ADDRESSES: Copies of supporting 

documents used by the Mid-Atlantic 

Fishery Management Council, including 

the Framework Adjustment with 


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Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Rules and Regulations 42611 

Regulatory Impact Review (RIR) is 

available from: John K. Bullard, 

Regional Administrator, National 

Marine Fisheries Service, 55 Great 

Republic Drive, Gloucester, MA 01930. 

The Framework/RIR is accessible via the 

Internet at http://

www.greateratlantic.fisheries.noaa.gov. 

These documents are also accessible via 

the Federal eRulemaking Portal: http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Luers, Fishery Management 

Specialist, (978) 282–8457, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Background 

For the past 25 years, NMFS has 

mandated reporting of catch, landings, 

and trip information through vessel trip 

reports (VTR). Between 1992 and 1996, 

NMFS implemented this requirement 

for most vessels holding Federal fishing 

permits in Northeast Atlantic fisheries. 

In 2004, mandatory electronic reporting 

by federally permitted dealers was 

implemented for almost all federallymanaged species. Requirements for 

weekly submissions of VTRs were 

implemented in 2010 for fisheries under 

catch shares, with weekly reporting later 

expanded to herring, mackerel, and surf 

clam/ocean quahog individual fishing 

quota fisheries. In July 2011, the NMFS 

Greater Atlantic Regional Fisheries 

Office (GARFO) approved the use of 

electronic reporting of VTRs on a 

limited and voluntary basis for a 

segment of the groundfish fleet, and, in 

2013, NMFS made electronic vessel trip 

reports (eVTR) available as an 

alternative to submitting handwritten 

hardcopies for all fishery management 

plans (FMP) in the region. 

Owners and operators of vessels 

possessing permits for fisheries 

managed by Mid-Atlantic Fishery 

Management Council (MAFMC) FMPs 

are required to submit a VTR for every 

commercial, party, or charter trip taken, 

regardless of where they fish (state or 

Federal waters) or what they catch. 

MAFMC-managed species that include a 

for-hire VTR requirement include black 

sea bass, bluefish, scup, summer 

flounder, tilefish, Atlantic mackerel, 

squid, and butterfish. 

Current regulations require vessel 

owners or operators with permits for 

MAFMC-managed species to submit 

VTRs monthly to GARFO by the 15th 

day of the month following the month 

in which the trip occurred. The Atlantic 

Mackerel, Squid, and Butterfish FMP 

requires weekly VTR reporting. If a trip 

encompasses multiple NMFS statistical 

areas, a separate VTR must be submitted 

for each statistical area where fishing 

activity takes place. A separate VTR is 

also required for each reporting period. 

If a vessel does not land any fish on a 

trip, all trip information must be 

completed and ‘‘No Catch’’ entered in as 

the species code name. A VTR is 

required regardless of where fishing 

occurs, meaning that a vessel subject to 

these requirements in the Greater 

Atlantic must report even if they fish in 

the Southeast or any other region (does 

not apply to vessels holding only an 

American lobster permit). Because VTRs 

are in addition to any other reports 

which may be required by other 

Regions, states, or plans, multiple 

reports may be required. VTRs, and any 

records upon which the reports were 

based, must be kept on board the vessel 

for at least one year and retained by the 

owner/operator for a total of three years 

after the date of the last entry on the 

report. 

Approved Measures 

The Omnibus eVTR Framework 

requires charter and party vessels that 

hold a permit for species managed by 

MAFMC FMPs, while on a trip carrying 

passengers for hire, to submit VTRs by 

electronic means. These vessels are 

required to submit these eVTRs through 

a NOAA-approved software application 

within 48 hours following the 

completion of a fishing trip. Federally 

permitted vessel owners and operators 

on commercial fishing trips will 

maintain the option to submit VTRs 

through hardcopy by mail or through 

electronic means. 

Comments and Responses on Measures 

Proposed in the eVTR Omnibus 

Framework 

We received six comments on the 

proposed rule (May 24, 2017, 82 FR 

23770): Five from fishing industry 

members and one from a company that 

specializes in marine electronic 

reporting technology. All comments 

supported adopting this framework. We 

consolidated responses to similar 

comments and our responses are below. 

Comment 1: All six commenters 

suggested that this action would 

improve the timeliness and accuracy of 

data used for management of the 

affected fisheries, and supported the 

implementation of this framework. 

Response: We agree. This Framework 

was designed to result in more accurate 

and more timely data for use in better 

management of the fisheries affected by 

this action. 

Comment 2: Four commenters 

suggested that eVTRs are more accurate 

and timely than the Marine Recreational 

Information Program (MRIP), which is 

the primary recreational data collection 

program. 

Response: NMFS is mandated to use 

the best available science in making 

management decisions. Since 2005, 

Northeast VTR data has been 

incorporated into the effort estimate for 

the for-hire fleet at the end of the year. 

Recently, MRIP began incorporating 

VTR effort data into the preliminary inseason estimates. This framework will 

further increase the timeliness and 

accuracy of data used in future 

management decisions. 

Comment 3: Two commenters 

suggested that some members of the 

charter/party fleet may have difficulty 

with electronic reporting due to lack of 

technological knowledge. They 

suggested that these industry members 

may need training in the use of this 

technology, and also suggested a 

delayed implementation of this rule to 

allow these industry members time to 

acclimate to the new requirements 

before the rule went into effect. 

Response: We have incorporated a 

delay in implementation into this 

action, such that it will not take effect 

until six months after this rule is 

published. This is to allow the industry 

adequate time to update software and/ 

or receive the training necessary to 

fulfill the requirements of this action. In 

addition, we will work with MAFMC 

and approved contractors to provide 

training sessions for vessel operators on 

creating and submitting eVTRs, which 

will provide the industry with the 

knowledge and ability to meet the 

reporting requirements of this 

Framework. 

Comment 4: One commenter 

suggested that similar actions making 

eVTRs mandatory should be adopted in 

Southern Atlantic and Gulf of Mexico 

fisheries. 

Response: Although we cannot 

modify another region’s regulations, we 

are aware that the Gulf of Mexico 

Fishery Management Council is 

currently working with NMFS on a 

similar regulation for charter vessels 

and headboats in the Gulf of Mexico and 

Atlantic Region. We encourage 

providing such comments to the South 

Atlantic Fishery Management Council 

(1–(866)–SAFMC–10, cameron.rhodes@

safmc.net), the Gulf of Mexico Fishery 

Management Council (1–(888)–833– 

1844, gulfcouncil@gulfcouncil.org), and/ 

or the NOAA Southeast Regional Office 

(1–(727)–824–5301). 

Changes From the Proposed Rule 

The final rule for the eVTR Omnibus 

Framework contains a minor 

clarification to the proposed rule. 

Specifically, NMFS revised 


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42612 Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Rules and Regulations 

§ 648.7(b)(1)(iii) of the proposed rule to 

include the stipulation that vessels must 

submit eVTR reports through a NOAAapproved software application. This 

clarification was necessary to match the 

MAFMC’s intent for this action. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), the NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

Atlantic Mackerel, Squid, and Butterfish 

FMP; the Bluefish FMP; the Summer 

Flounder, Scup, and Black Sea Bass 

FMP; the Tilefish FMP; other provisions 

of the Magnuson-Stevens Act; and other 

applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

This action contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA) that 

have been approved by the Office of 

Management and Budget (OMB) under 

Control Number 0648–0212. 

Public reporting burden for the new 

eVTR requirement is estimated to 

average 3 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 information. 

NMFS estimates that this action will 

reduce time and cost burdens from what 

was previously approved. Specifically, 

NMFS estimates that this action will 

result in a 2-minute reduction from the 

previous time burden of 5 minutes per 

response for paper VTRs submitted by 

mail. Thus, the sum of the total burden 

on vessels impacted by this rule would 

be reduced by 642 hr to 10,866 

annually. Additionally, the sum of 

reporting costs for impacted vessels 

would be reduced by $9,000 to $52,000 

annually. Send comments regarding 

these burden estimates or any other 

aspects of the collection of information, 

including suggestions for reducing the 

burden, to the Regional Administrator 

(see ADDRESSES), and email to OIRA_

Submission@omb.eop.gov, or fax to 

(202) 395–5806. 

Notwithstanding any other provisions 

of the law, no person is required 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 that 

collection of information displays a 

currently valid OMB Control Number. 

All currently approved NOAA 

collections of information may be 

viewed at: http://www.cio.noaa.gov/ 

services_programs/prasubs.html. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. The factual 

basis for this determination was 

published in the proposed rule and is 

not repeated here. No public comments 

were received on the proposed rule 

regarding the certification, and NMFS 

has not received any new information 

that would affect its determination. As 

a result, a final regulatory flexibility 

analysis was not required and none has 

been prepared. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: September 6, 2017. 

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 648 is amended 

as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.7, paragraphs (b)(1)(iii) and 

(f)(2)(iii) are added to read as follows: 

§ 648.7 Recordkeeping and reporting 

requirements. 

* * * * * 

(b) * * * 

(1) * * * 

(iii) Charter/Party vessel permit 

owners and operators. The owner or 

operator of any fishing vessel that holds 

a Federal charter/party (for-hire) permit 

to fish for Atlantic bluefish, black sea 

bass, scup, summer flounder, tilefish, 

Atlantic mackerel, squid, and/or 

butterfish, when on a trip carrying 

passengers for hire, must submit the 

required Vessel Trip Report by 

electronic means. This report must be 

submitted through a software 

application approved by NMFS, and 

must contain all applicable information 

outlined in paragraph (b)(1)(i) of this 

section. 

* * * * * 

(f) * * * 

(2) * * * 

(iii) Charter/Party vessel electronic log 

reports, required by paragraph (b)(1)(iii) 

of this section, must be submitted 

within 48 hours after entering port at 

the conclusion of a trip. 

* * * * * 

[FR Doc. 2017–19137 Filed 9–8–17; 8:45 am] 

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