NOAA Seeks Public Comment on Extension of Vessel Monitoring System Type-Approval Requirements

On June 29, 2026, the National Oceanic and Atmospheric Administration (NOAA) an agency within the Department of Commerce published a notice in the Federal Register initiating a public comment period for the extension of an existing information collection requirement. This action directly concerns the Type-Approval Requirements for Vessel Monitoring Systems (VMS) a critical component in federal fisheries management. The agency seeks public input on the continued necessity and efficiency of collecting data related to the type-approval of VMS units, providing stakeholders a 60-day window to submit comments by August 28, 2026. This process is conducted in accordance with the Paperwork Reduction Act of 1995 (PRA) and underscores NOAA's commitment to ensuring effective and sustainable management of the nation's marine resources.

The Regulatory Mandate for Vessel Monitoring Systems

The framework for VMS type-approval is established under the Code of Federal Regulations (CFR) at Title 50 part 600 subpart Q. This section outlines the requirements for Enhanced Mobile Transceiver Units (EMTUs) to receive type-approval from the National Marine Fisheries Service (NMFS) for use across various federal fisheries programs. These EMTUs represent the technological core of VMS and can utilize either satellite-linked systems or cellular-based hardware and software. The primary objective of this regulatory scheme is to ensure that all monitoring systems deployed in federal fisheries meet stringent technical and operational standards allowing for reliable data collection essential for law enforcement and resource management.

The Type-Approval Process and Information Requirements

Manufacturers and vendors seeking type-approval for their VMS satellite- or cellular-based systems must submit a formal written request along with electronic copies of comprehensive supporting materials. The NMFS Office of Law Enforcement (OLE) is the entity responsible for evaluating these submissions. The information provided is meticulously reviewed to assess whether an EMTU or EMTU-C (cellular-based EMTU) adheres to the minimum technical specifications mandated by the NMFS VMS program. Specific details regarding the required information for satellite-based systems are delineated in 50 CFR 600.1502 through 600.1507 while EMTU-C and EMTU applications must comply with 50 CFR 600.1501 through 600.1509.

To facilitate this process NMFS OLE provides a Type-Approval Matrix form which respondents can use to systematically organize and submit the extensive information required. This includes detailed data on the characteristics of the EMTU-C or EMTU information about associated entities such as manufacturers and sellers communication functionalities data formats and transmission specifics latency requirements and messaging formats. Furthermore applicants must provide information on electronic forms data security customer service capabilities durability and their own data handling requirements. This comprehensive approach ensures that approved VMS units are robust reliable and secure.

Administrative Burden and Legal Basis

The current information collection carries OMB Control Number 0648-0789 and is undergoing a regular submission for extension. The affected public primarily consists of business or other for-profit organizations with an estimated four respondents annually. The estimated time commitment per response varies significantly depending on the nature of the submission. An initial application for type-approval is estimated to require 80 hours while changes to an existing approval take approximately 8 hours. Responding to a type-approval revocation may demand 24 hours and diagnostic and troubleshooting support accounts for an estimated 166 hours. Cumulatively these activities result in an estimated total annual burden of 9,458 hours for the industry with an estimated total annual cost to the public of $5,200. Compliance with these requirements is mandatory for entities seeking to obtain or retain the benefits of participating in federal fisheries VMS programs.

The legal authority underpinning these information collection requirements stems from the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This landmark legislation mandates that NMFS and regional fishery management councils prevent overfishing and collect reliable data. Such data is deemed essential for the effective conservation management and scientific understanding of the nation's valuable fishery resources including through the implementation of vessel monitoring systems.

Invitation for Public Comments

NOAA is actively soliciting public comments on four key aspects of this information collection. First the agency seeks evaluation of whether the proposed collection remains necessary for proper departmental functions and if the information gathered possesses practical utility. Second commenters are encouraged to assess the accuracy of NOAA's estimates for time and cost burdens including the validity of the methodologies and assumptions used. Third the agency is looking for ways to enhance the quality utility and clarity of the information collected. Finally NOAA is interested in strategies to minimize the reporting burden on respondents potentially through the use of automated collection techniques or other forms of information technology.

It is important for prospective commenters to note that all submissions become a matter of public record. While individuals may request that personal identifying information be withheld from public review NOAA cannot guarantee the ability to do so. This transparency ensures that the public discourse on these regulatory matters is open and accessible.