Southeast Region Vessel Monitoring System (VMS) and Related Requirements
Revision of a currently approved collection
No
Regular
Comment filed on proposed rule and continue
08/21/2024
06/17/2024
In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
07/31/2026
36 Months From Approved
07/31/2026
14,380
0
14,380
2,628
0
2,628
517,991
0
517,991
The NMFS, Office of Law Enforcement, Southeast Enforcement Division is submitting this request for a revision and an extension of a currently approved information collection. Pursuant to proposed rule 0648-BM98, the changes proposed to this collection are the elimination of the current paper-based âVessel Monitoring System Mobile Transceiver Unit (MTU) Power-Down Exemption Request for Vessels in the Gulf of Mexico Reef Fish Fisheryâ to be replaced with an online form submission. The online form also includes the addition of two data elements; the email address of the submitter, and an option for the submitter to identify themselves as the âpermit holderâ or âvessel operatorâ.
Additionally, the change proposes to eliminate the current requirement for vessel owners to submit the Vessel Monitoring System (VMS) Installation and Activation Certification for the Reef Fish Fishery of the Gulf of Mexico form.
The Magnuson-Stevens Fishery Conservation and Management Act authorizes the Gulf of Mexico Fishery Management Council (Gulf Council) and South Atlantic Fishery Management Council (South Atlantic Council) to prepare and amend fishery management plans for any fishery in Federal waters under their respective jurisdictions. NMFS and the Gulf Council manage the reef fish fishery in the Gulf of Mexico (Gulf) under the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico. NMFS and the South Atlantic Council manage the fishery for rock shrimp in the South Atlantic under the FMP for the Shrimp Fishery in the South Atlantic Region.
The FMPs and the implementing regulations contain several specific management areas where fishing is restricted; enforcement for which is most effectively conducted using VMS technology. The information collected on the soon-to-be-eliminated ââVessel Monitoring System Installation and Activation Certification for the Reef Fish Fishery of the Gulf of Mexicoââ form provides NMFS assurance that vessels are compliant with the requirements to install and activate an approved VMS unit. The requirement for vessel owners to install a VMS unit properly will remain in regulation, but there is little utility to requiring vessel owners to submit a form attesting to their compliance. Accordingly, we no longer seek to require that documentation. Information collected on the current ââVessel Monitoring System Mobile Transceiver Unit (MTU) Power-Down Exemption Request for Vessels in the Gulf of Mexico Reef Fish Fisheryââ form and online âPower Down Exemption Request formâ provide information that allows NMFS to exempt a vessel from the VMS reporting requirement under specific criteria. Information collected in fishing activity declarations is used to identify fishing activities, necessary for law enforcement operational planning, so law enforcement will know in real time, with what fishing activities the vessels are engaged.
PL:
Pub.L. 194 - 265 303
Name of Law: Magnuson-Stevens Fishery Management and Conservation Act
South Atlantic Rock Shrimp and Gulf Reef Fish permits are under a limited entry program, and as such, no new permits are issued, and some attrition to the industry occurs every year. The reduced number of respondents reflects that attrition. The proposed amendment would eliminate the Installation and Activation Certification /Checklist requirement for the Gulf of Mexico Reef fish vessels, which were the majority of respondents. The increase in annual Power Down Exemption requests is thought to be a consequence of NMFSâ increased outreach to participants, advising of the requirement to submit a Power Down Exemption request before turning off their VMS unit. Additionally, the switch from paper-based submissions to electronic submissions has reduced the time per response from 5 minutes to 3 minutes. The reduction of the number of vessels with Gulf of Mexico Reef Fish permits, through attrition, reduces the number of declarations expected to be submitted by the fishery. The burden for purchase of a VMS unit and overseeing the work of a Marine Electrician were not considered independent of the Installation & Activation / Checklist in years past. The time burden for Marine electrician oversight is combined with the time burden of purchasing a new VMS unit, which are collectively estimated to be 5 hours per respondent.
$416,500
No
Yes
Yes
No
No
No
No
Carolyn Sramek 727 824-5346
Reginfo record details
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.