[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Proposed Rules]
[Pages 57339-57340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22717]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BD21


Fisheries of the Caribbean, Gulf of Mexico and South Atlantic; 
Revisions to Headboat Reporting Requirements for Species Managed by the 
South Atlantic Fishery Management Council

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

ACTION: Notice of availability; request for comments.

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SUMMARY: The South Atlantic Fishery Management Council (South Atlantic 
Council) approved the Joint South Atlantic/Gulf of Mexico Generic 
Charter/Headboat Reporting in the South Atlantic Amendment (For-Hire 
Reporting Amendment) during its March 2013 meeting, and the Gulf of 
Mexico Fishery Management Council (Gulf Council) approved the amendment 
at its February 2013 meeting. The Councils submitted the amendment to 
NMFS for agency review under procedures of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act). The For-Hire 
Reporting Amendment includes Amendment 31 to the Fishery Management 
Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic 
Region; Amendment 6 to the FMP for the Dolphin and Wahoo Fishery of the 
Atlantic; and Amendment 22 to the FMP for the Coastal Migratory Pelagic 
Resources in the Atlantic and the Gulf of Mexico. If approved, the For-
Hire Reporting Amendment would amend the FMPs to modify data reporting 
for for-hire vessels in the South Atlantic. Under the preferred 
alternative, headboat vessels in the South Atlantic would be required 
to submit electronic fishing records to the NMFS' Southeast Fisheries 
Science Center (SEFSC) Science and Research Director (SRD) weekly, or 
at intervals shorter than a week if notified by the SRD.

DATES: Written comments must be received on or before November 18, 
2013.

ADDRESSES: You may submit comments, identified by ``NOAA-NMFS-2013-
0080'', by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov. Go to www.regulations.gov/#!docketDetail;D=NOAA-
NMFS-2013-0080, click the ``Comment Now!'' icon, complete the required 
fields, and enter or attach your comments. Mail: Submit written 
comments to Karla Gore, Southeast Regional Office, NMFS, 263 13th 
Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Electronic copies of the For-Hire Reporting Amendment may be 
obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sf/SASnapperGrouperHomepage.htm. The For-Hire 
Reporting Amendment includes a draft environmental assessment, a 
Regulatory Flexibility Act analysis, a Regulatory Impact Review, and a 
Fishery Impact Statement.

FOR FURTHER INFORMATION CONTACT: Karla Gore, telephone: 727-824-5305; 
email: [email protected].

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires each 
regional fishery management council to submit any fishery management 
plan or amendment to NMFS for review and approval, partial approval, or 
disapproval. The Magnuson-Stevens Act also requires that NMFS, upon 
receiving a plan or amendment, publish an announcement in the Federal 
Register notifying the public that the plan or amendment is available 
for review and comment.

Background

    At its September 2012 meeting, the South Atlantic Council expressed 
concern on the inability to receive estimates of headboat catches in a 
timely manner. Delays in receiving and processing headboat data could 
contribute to the recreational annual catch limit (ACL) being exceeded. 
The South Atlantic Council concluded that improving data reporting 
could reduce the chance that the recreational ACLs are exceeded and 
accountability measures are triggered.
    The preferred alternative in this amendment, which would require 
headboats in the South Atlantic to report through electronic means on a 
weekly basis, would improve NMFS' ability to produce in-season harvest 
estimates for all species in the subject FMPs.
    The South Atlantic Council has submitted the For-Hire Reporting 
Amendment to NMFS for agency review under procedures of the Magnuson-
Stevens Act. The South Atlantic Council approved the amendment during 
its March 2013 meeting. The Gulf Council approved the amendment at its 
February 2013 meeting. Gulf Council approval was necessary because the 
South Atlantic and Gulf Councils jointly manage the Coastal Migratory 
Pelagics species under the Coastal Migratory Pelagics FMP.

Management Measures Contained in This Amendment

    This amendment would require electronic reporting for headboat 
vessels in the South Atlantic snapper-grouper, Atlantic dolphin and 
wahoo, and South Atlantic coastal migratory pelagic fisheries, increase 
the reporting frequency for those headboat vessels, and prohibit those 
headboats from continuing to fish if they are delinquent in submitting 
their reports.

Mandatory Electronic Reporting for Headboat Vessels

    Currently, headboats selected to report by the SRD must maintain a 
fishing record for each trip, or a portion of such trips, as specified 
by the SRD, and on forms provided by the SRD. Until January 1, 2013, 
the SRD provided federally-permitted headboats with paper forms to 
submit their logbook data. However, as of January 1, 2013, the SRD has 
requested that federally-permitted headboats in the South Atlantic 
report electronically. The For-Hire Reporting Amendment would 
explicitly require that headboat vessels submit fishing records through 
an electronic reporting system developed

[[Page 57340]]

by the SEFSC. Electronic reports would be required to be submitted for 
trips completed, and no fishing reports would be required when no trips 
are taken. The For-Hire Reporting Amendment allows for paper reporting 
to be used in catastrophic conditions (when electronic means to report 
data are not feasible) as deemed by the Regional Administrator.

Increase Reporting Frequency for the Headboat Sector

    Currently, headboat reporting forms are due on a monthly basis, and 
must either be made available to a fisheries statistics reporting agent 
or be postmarked no later than 7 days after the end of each month and 
sent to the SRD. The For-Hire Reporting Amendment would modify the 
frequency to weekly reporting or intervals shorter than a week if 
notified by the SRD. If no fishing activity occurred during a week, an 
electronic report so stating must be submitted for that week.

Non-Compliance With Reporting Requirement

    Headboats are expected to remain current with reporting to remain 
in compliance with the conditions of a valid permit (i.e., to be 
authorized to conduct trips). Headboat owners and operators who are 
delinquent in submitting their reports would be prohibited from 
continuing to harvest and possess South Atlantic snapper-grouper, 
Atlantic dolphin and wahoo, and South Atlantic coastal migratory 
pelagic fish until they have submitted all required reports. This 
provision would aid in enforcement efforts to ensure electronic reports 
are submitted in a timely manner.
    A proposed rule that would implement measures outlined in the For-
Hire Reporting Amendment has been drafted. In accordance with the 
Magnuson-Stevens Act, NMFS is evaluating the For-Hire Reporting 
Amendment to determine whether it is consistent with the FMP, the 
Magnuson-Stevens Act, and other applicable law. If the determination is 
affirmative, NMFS will publish the proposed rule in the Federal 
Register for public review and comment.

Consideration of Public Comments

    The Councils submitted the For-Hire Reporting Amendment for 
Secretarial review, approval, and implementation. NMFS' decision to 
approve, partially approve, or disapprove the For-Hire Reporting 
Amendment will be based, in part, on consideration of comments, 
recommendations, and information received during the comment period on 
this notice of availability.
    Comments received by November 18, 2013, whether specifically 
directed to the amendment or the proposed rule, will be considered by 
NMFS in its decision to approve, disapprove, or partially approve the 
amendment. Comments received after that date will not be considered by 
NMFS in this decision. All comments received by NMFS on the amendment 
or the proposed rule during their respective comment periods will be 
addressed in the final rule.

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

    Dated: September 13, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-22717 Filed 9-17-13; 8:45 am]
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