[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Proposed Rules]
[Pages 59641-59646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23355]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130409354-3354-01]
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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement the Joint South 
Atlantic/Gulf of Mexico Generic Charter Vessel/Headboat Reporting in 
the South Atlantic Amendment (For-Hire Reporting Amendment). The For-
Hire Reporting Amendment amends the following FMPs: the Snapper-Grouper 
Fishery of the South Atlantic Region and the Dolphin and Wahoo Fishery 
of the Atlantic, as prepared by the South Atlantic Fishery Management 
Council (South Atlantic Council); and the Coastal Migratory Pelagic 
(CMP) Resources of the Gulf and South Atlantic, as prepared by the Gulf 
of Mexico Fishery Management Council (Gulf Council) and the South 
Atlantic Council. If implemented, this rule would modify the 
recordkeeping and reporting requirements for headboat owners and 
operators who fish for species managed by the South Atlantic Council 
through the previously mentioned FMPs. These revisions would require 
fishing records to be submitted electronically (via computer or 
Internet) on a weekly basis or at intervals shorter than a week if 
notified by the NMFS' Southeast Fisheries Science Center (SEFSC) 
Science and Research Director (SRD), and would prohibit headboats from 
continuing to fish if they are delinquent in submitting reports. The 
purpose of this rule is to obtain timelier fishing information from 
headboats to better monitor recreational annual catch limits (ACLs), 
improve stock assessments, and improve compliance in South Atlantic 
fisheries.

DATES: Written comments must be received on or before October 28, 2013.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2013-0080'', by any of the following methods:
     Electronic submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. 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

[[Page 59642]]

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, which 
includes an environmental assessment and a regulatory impact review, 
may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov.
    Comments regarding the burden-hour estimates or other aspects of 
the collection-of-information requirements contained in this proposed 
rule may be submitted in writing to Anik Clemens, Southeast Regional 
Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; and OMB, 
by email at OIRA [email protected], or by fax to 202-395-7285.

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

SUPPLEMENTARY INFORMATION: NMFS and the Councils manage the fisheries 
for South Atlantic Snapper-Grouper, Atlantic Dolphin and Wahoo, and 
Gulf and South Atlantic CMP under their respective FMPs. The FMPs were 
prepared by the Gulf and South Atlantic Councils and are implemented 
through regulations at 50 CFR part 622 under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield from federally managed fish stocks. These 
mandates are intended to ensure that fishery resources are managed for 
the greatest overall benefit to the nation, particularly with respect 
to providing food production and recreational opportunities, and 
protecting marine ecosystems. To further this goal, the Magnuson-
Stevens Act requires fishery managers to specify their strategy to 
rebuild overfished stocks to a sustainable level within a certain time 
frame, to minimize bycatch and bycatch mortality to the extent 
practicable, and to establish accountability measures (AMs) for stocks 
to ensure ACLs are not exceeded.
    One of the purposes of this proposed rule is to allow better 
monitoring of recreational ACLs to reduce the amount of recreational 
ACL overages. Currently, overages have the potential to result in 
significant disruption in fishing behavior the following fishing year 
and to reduce revenue and profit for fishermen. Overages also may 
decrease the ability of stocks to rebuild when overfished and may lead 
to overfishing conditions. The management measures contained in this 
proposed rule, including requiring headboats to report electronically 
and increasing the frequency of headboat reporting, would help improve 
monitoring of the recreational ACLs.
    The other purposes of this proposed rule are to improve stock 
assessments and to improve data reporting compliance in South Atlantic 
fisheries. Headboat landings are an important component of stock 
assessments. The increased frequency of headboat data reporting and 
electronic reporting required by this rule would help to improve stock 
assessments because it would provide a more accurate picture of 
headboat landings. Headboat owners and operators who are delinquent in 
submitting reports would not be allowed to fish until all required 
reports have been submitted. This requirement should help to improve 
compliance with data reporting within the recreational sector.

Management Measures Contained in the Proposed Rule

    This proposed rule 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 the headboat vessels in these fisheries, 
and prohibit headboats from continuing to fish if they are delinquent 
in submitting their reports.

Mandatory Electronic Reporting for Headboat Vessels

    Currently, a headboat 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 fishing data. However, as of January 1, 2013, the SRD 
requested federally-permitted headboats to report electronically. This 
proposed rule would revise the regulations to explicitly require that 
headboats must submit their fishing information electronically (via 
computer or internet). NMFS would require headboat owners and 
operators, who are selected by the SRD, to submit an electronic fishing 
record of all fish caught through the ``Southeast Region Headboat 
Survey,'' an electronic reporting system developed by the SEFSC for 
trips completed, and to submit no fishing reports when no trips are 
taken.
    This electronic logbook (eLog) form is available through a password 
protected Web site that can be accessed by personal computer, computer 
tablet, or ``smart'' phone (an application can be downloaded on both 
Android phones and iPhones). The Southeast Region Headboat Survey Web 
site can be accessed at https://selogbook.com, and an access code is 
required to log into the Web site. Bluefin Data, the electronic data 
vendor, requires a current email address for each vessel owner to send 
access codes and other information regarding the Web site to vessel 
owners. Once Bluefin Data registers a vessel owner and provides the 
vessel owner with an access code via email, the vessel owner is able to 
log into the Web site and create a password for the account. The vessel 
owner can register more than one vessel and more than one captain using 
a single account. The vessel owner can allow others to access the 
account by sharing the password.
    The data elements for completed trips that would be required 
through this rule are consistent with the data elements currently being 
collected by the SRD. These data include, but are not limited to: 
Date(s) and duration of fishing; vessel name and official number of 
vessel; captain name; location of fishing in lat/long; number of 
anglers; minimum, maximum and primary depth fished; number of fish of 
each species kept; and number of fish of each species released.
    During catastrophic conditions only, this rule would allow headboat 
owners and operators to use a paper-based system for submitting 
electronic fishing records. The Regional Administrator (RA) would 
determine when catastrophic conditions exist, the duration of the 
catastrophic conditions, and which participants are affected. The RA 
would provide notice of a paper-based system via notification in the 
Federal Register, NOAA weather radio, fishery bulletins, and other 
appropriate means and would authorize the use of the paper-based system 
for the duration of the catastrophic conditions. The paper forms would 
be available from NMFS. During catastrophic conditions, the RA would 
have the authority to waive or modify reporting time requirements.

[[Page 59643]]

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. This proposed rule would modify the frequency of 
reporting to be on a weekly basis (or intervals shorter than a week if 
notified by the SRD), with reports due by 11:59 p.m., local time, the 
Sunday following a reporting week. A reporting week is defined as 
beginning at 12:01 a.m., local time, on Sunday and ending at 11:59 
p.m., local time, the following Saturday. If no fishing activity 
occurred during a reporting week, an electronic report so stating must 
be submitted for that reporting week.

Non-Compliance With Reporting Requirement

    This rule would prohibit headboat owners and operators who are 
delinquent in submitting their fishing records from continuing to 
harvest and possess South Atlantic snapper-grouper, Atlantic dolphin 
and wahoo, and South Atlantic coastal migratory pelagic fish until all 
required fishing records have been submitted. The owner and operator 
are liable for all prohibited harvest and possession onboard the 
vessel, including that by the crew and/or passengers. This provision 
would aid in enforcement efforts to ensure that electronic fishing 
records are submitted in a timely manner.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NOAA Assistant Administrator for Fisheries (AA) has determined that 
this proposed rule is consistent with the three affected FMPs, the For-
Hire Reporting Amendment, the Magnuson-Stevens Act, and other 
applicable law, subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if implemented, would not have 
a significant economic impact on a substantial number of small 
entities. The factual basis for this determination is as follows:
    The purpose of this proposed rule is to change the current 
reporting requirements for headboats that operate in the South Atlantic 
exclusive economic zone (EEZ) in order to improve data collection 
methods to help ensure landings of managed fish stocks are recorded 
accurately and in a timely manner so that recreational ACLs are not 
exceeded. The Magnuson-Stevens Act provides the statutory basis for 
this proposed rule.
    This proposed rule, if implemented, would be expected to directly 
affect an estimated 75 headboat for-hire fishing businesses that 
operate in the South Atlantic EEZ. The average headboat is estimated to 
receive approximately $201,000 (2012 dollars) in annual gross revenue. 
NMFS has not identified any other small entities that would be expected 
to be directly affected by this proposed rule.
    The Small Business Administration (SBA) has established size 
criteria for all major industry sectors in the U.S. including seafood 
dealers and harvesters. A business involved in the for-hire fishing 
industry is classified as a small business if it is independently owned 
and operated, is not dominant in its field of operation (including its 
affiliates), and has combined annual receipts not in excess of $7.0 
million (NAICS code 487210, fishing boat charter operation). The SBA 
periodically reviews the size criteria and establishes new thresholds 
when appropriate. The most recent final rule establishing new size 
criteria was published June 20, 2013 (78 FR 37398). However, the 
receipts threshold for the for-hire industry was not changed as a 
result of the latest or other recent review and rulemaking by the SBA. 
Because the average annual revenue for the headboat businesses expected 
to be directly affected by this proposed rule is significantly less 
than the SBA revenue threshold, all these businesses are determined, 
for the purpose of this analysis, to be small business entities.
    This proposed rule, if implemented, would require headboat fishing 
businesses selected by the SRD to submit weekly records, or at shorter 
intervals if notified by the SRD, of their fishing activity via 
computer or Internet (electronic reporting). This requirement would not 
be expected to require special professional skills. The use of 
computers, the internet, or other forms of electronic connections and 
communication is commonplace in the business environment. As a result, 
all affected small entities would be expected to already have staff 
with the appropriate skills and training to meet these requirements.
    This proposed rule, if implemented, would be expected to have 
little to no impact on the profits of any of the small entities 
expected to be directly affected. Although not currently explicitly 
required by regulation, the SRD has requested electronic reporting 
since January 1, 2013, for federally-permitted South Atlantic 
headboats. As a result, most, if not all, South Atlantic headboat 
businesses are expected to currently be submitting reports of their 
fishing activity electronically. For any headboat business that may not 
currently use the electronic reporting system, any increase in 
operating expenses should be minor. The use of computers and the 
internet is commonplace and a vital tool in business management. The 
SBA estimated that in 2010 approximately 94 percent of businesses had a 
computer and 95 percent of these had internet service. As a result, the 
majority of the affected entities would not be expected to need to 
incur new operational expenses to report electronically. For those few 
entities that might not already be reporting electronically, any new 
expenses that might need to be incurred would not be expected to 
constitute a significant increase in business expenses. Computers under 
$750 are readily available and internet services under $100 per month 
would be expected to be available in most locations. The estimated 
average annual revenue for a South Atlantic headboat business is 
approximately $201,000 (2012 dollars). NMFS estimates the requirement 
for South Atlantic headboat owners and operators to report 
electronically would result in a net zero effect on the reporting 
burden of affected entities compared to paper reporting. The estimated 
reporting burden under either paper or electronic reporting is 10 
minutes per report, or approximately 16.7 hours per entity per year 
based on an average of 100 reports per year. Assuming an hourly wage 
rate of $22.42 (2012 dollars, mean hourly wage rate, first-line 
supervisors of farming, fishing, and forestry workers), the estimated 
total annual cost to submit 100 reports would be approximately $374. As 
previously stated, this cost would not be expected to change as a 
result of the proposed requirement for electronic reporting. Therefore, 
the proposed requirement for electronic submission of headboat reports 
would be expected to result in minor to no direct economic effect on 
most, if not all, South Atlantic headboat businesses.
    This proposed rule, if implemented, would also increase the 
frequency of reporting by South Atlantic headboat businesses selected 
by the SRD from the current requirement of monthly reports that must be 
submitted within 7 days of the end of each month to weekly

[[Page 59644]]

reporting (7 days after the end of each week ending on Sunday) or at 
shorter intervals if notified by the SRD. Keeping accurate records is 
essential to successful business operation. As a result, recording 
trips as they are completed, or as soon as is practical, is expected to 
be the common business practice. Electronic recording and reporting 
would be expected to support additional labor and business management 
efficiencies because it would be expected to allow better data storage, 
retrieval, and production of annual performance summaries for use in 
business planning. Therefore, the proposed increase in the frequency of 
reporting would be expected to require little, if any, change in 
business practices or associated operational costs.
    Additionally, this proposed rule would prohibit vessels from 
fishing if required fishing records have not been submitted within the 
required timeframe. Although a prohibition on fishing could have a 
significant adverse economic effect on the affected business, depending 
on the duration of prohibition and revenue from non-fishing activities, 
failure to submit the required electronic fishing records would not be 
an economically rational business practice in light of the minimal 
burden to submit fishing records and potential consequences of non-
compliance. As a result, few if any headboat businesses would be 
expected to experience any reduction in profits as a result of this 
component of this proposed rule.
    Based on the discussion above, NMFS determines that this proposed 
rule, if implemented, would not have a significant economic effect on a 
substantial number of small entities. As a result, an initial 
regulatory flexibility analysis is not required and none has been 
prepared.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection-of-information subject to the requirements 
of the Paperwork Reduction Act (PRA), unless that collection-of-
information displays a currently valid Office of Management and Budget 
(OMB) control number.
    This proposed rule contains collection-of-information requirements 
subject to the PRA. NMFS is revising the collection-of-information 
requirements under OMB control number 0648-0016. NMFS estimates the 
requirement for South Atlantic headboat owners and operators to report 
electronically would result in a net zero effect on the reporting 
burden under OMB control number 0648-0016, because headboat owners and 
operators would continue to report all species harvested, however, now 
it would be electronically instead of by paper. NMFS estimates the 
requirement for headboat owners and operators to report more frequently 
(weekly instead of monthly) would not create more burden on headboat 
owners and operators, because the headboat owners and operators would 
still be reporting the same amount of information, they would just be 
transmitting the data more frequently. These estimates of the public 
reporting burden include the time for reviewing instructions, gathering 
and maintaining the data needed, and completing and reviewing the 
collection-of-information.
    These requirements have been submitted to OMB for approval. NMFS 
seeks public comment regarding: Whether this proposed collection-of-
information is necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility; the accuracy of the burden estimate; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways to minimize the burden of the collection-of-information, including 
through the use of automated collection techniques or other forms of 
information technology. Send comments regarding the burden estimate or 
any other aspect of the collection-of-information requirement, 
including suggestions for reducing the burden, to NMFS and to OMB (see 
ADDRESSES).

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Headboat, Reporting and recordkeeping 
requirements, South Atlantic.

    Dated: September 20, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

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

0
2. In Sec.  622.13, paragraph (g) is added to read as follows:


Sec.  622.13  Prohibitions--general.

* * * * *
    (g) Harvest or possess fish if the required headboat reports have 
not been submitted in accordance with this part.
* * * * *
0
3. In Sec.  622.176, paragraph (b) is revised to read as follows:


Sec.  622.176  Recordkeeping and reporting.

* * * * *
    (b) Charter vessel/headboat owners and operators--(1) General 
reporting requirement--(i) Charter vessels. The owner or operator of a 
charter vessel for which a charter vessel/headboat permit for South 
Atlantic snapper-grouper has been issued, as required under Sec.  
622.170(b)(1), or whose vessel fishes for or lands such snapper-grouper 
in or from state waters adjoining the South Atlantic EEZ, who is 
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, on forms 
provided by the SRD and must submit such record as specified in 
paragraph (b)(2) of this section.
    (ii) Headboats. The owner or operator of a headboat for which a 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, as required under Sec.  622.170(b)(1), or whose vessel 
fishes for or lands such snapper-grouper in or from state waters 
adjoining the South Atlantic EEZ, who is selected to report by the SRD 
must submit an electronic fishing record for each trip of all fish 
harvested within the time period specified in paragraph (b)(2)(ii) of 
this section, via the Southeast Region Headboat Survey.
    (iii) Electronic logbook/video monitoring reporting. The owner or 
operator of a vessel for which a charter vessel/headboat permit for 
South Atlantic snapper-grouper has been issued, as required under Sec.  
622.170(b)(1), or whose vessel fishes for or lands such snapper-grouper 
in or from state waters adjoining the South Atlantic EEZ, who is 
selected to report by the SRD must participate in the NMFS-sponsored 
electronic logbook and/or video monitoring program as directed by the 
SRD. Compliance with the reporting requirements of this paragraph 
(b)(1)(iii) is required for permit renewal.
    (2) Reporting deadlines--(i) Charter vessels. Completed fishing 
records required by paragraph (b)(1)(i) of this section for charter 
vessels must be submitted to the SRD weekly, postmarked no later than 7 
days after the end of each week (Sunday). Completed fishing records 
required by paragraph (b)(1)(iii) of this section for charter vessels 
may be required weekly or daily, as directed by the SRD. Information to 
be reported is indicated

[[Page 59645]]

on the form and its accompanying instructions.
    (ii) Headboats. Electronic fishing records required by paragraph 
(b)(1)(ii) of this section for headboats must be submitted at weekly 
intervals (or intervals shorter than a week if notified by the SRD) by 
11:59 p.m., local time, the Sunday following a reporting week. If no 
fishing activity occurred during a reporting week, an electronic report 
so stating must be submitted for that reporting week by 11:59 p.m., 
local time, the Sunday following a reporting week.
    (3) Catastrophic conditions. During catastrophic conditions only, 
NMFS provides for use of paper forms for basic required functions as a 
backup to the electronic reports required by paragraph (b)(1)(ii) of 
this section. The RA will determine when catastrophic conditions exist, 
the duration of the catastrophic conditions, and which participants or 
geographic areas are deemed affected by the catastrophic conditions. 
The RA will provide timely notice to affected participants via 
publication of notification in the Federal Register, NOAA weather 
radio, fishery bulletins, and other appropriate means and will 
authorize the affected participants' use of paper forms for the 
duration of the catastrophic conditions. The paper forms will be 
available from NMFS. During catastrophic conditions, the RA has the 
authority to waive or modify reporting time requirements.
    (4) Compliance requirement. Electronic reports required by 
paragraph (b)(1)(ii) of this section must be submitted and received by 
NMFS according to the reporting requirements under this section. A 
report not received within the time specified in paragraph (b)(2)(ii) 
is delinquent. A delinquent report automatically results in the owner 
and operator of a headboat for which a charter vessel/headboat permit 
for South Atlantic snapper-grouper has been issued being prohibited 
from harvesting or possessing such species, regardless of any 
additional notification to the delinquent owner and operator by NMFS. 
The owner and operator who are prohibited from harvesting or possessing 
such species due to delinquent reports are authorized to harvest or 
possess such species only after all required and delinquent reports 
have been submitted and received by NMFS according to the reporting 
requirements under this section.
* * * * *
0
4. In Sec.  622.271, paragraph (b) is revised to read as follows:


Sec.  622.271  Recordkeeping and reporting.

* * * * *
    (b) Charter vessel/headboat owners and operators--(1) General 
reporting requirement--(i) Charter vessels. The owner or operator of a 
charter vessel for which a charter vessel/headboat permit for Atlantic 
dolphin and wahoo has been issued, as required under Sec.  
622.270(b)(1), or whose vessel fishes for or lands Atlantic dolphin or 
wahoo in or from state waters adjoining the Atlantic EEZ, who is 
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, on forms 
provided by the SRD and must submit such record as specified in 
paragraph (b)(2) of this section.
    (ii) Headboats. The owner or operator of a headboat for which a 
charter vessel/headboat permit for Atlantic dolphin and wahoo has been 
issued, as required under Sec.  622.270(b)(1), or whose vessel fishes 
for or lands Atlantic dolphin or wahoo in or from state waters 
adjoining the South Atlantic EEZ, who is selected to report by the SRD 
must submit an electronic fishing record for each trip of all fish 
harvested within the time period specified in paragraph (b)(2)(ii) of 
this section, via the Southeast Region Headboat Survey.
    (2) Reporting deadlines--(i) Charter vessels. Completed fishing 
records required by paragraph (b)(1)(i) of this section for charter 
vessels must be submitted to the SRD weekly, postmarked no later than 7 
days after the end of each week (Sunday). Information to be reported is 
indicated on the form and its accompanying instructions.
    (ii) Headboats. Electronic fishing records required by paragraph 
(b)(1)(ii) of this section for headboats must be submitted at weekly 
intervals (or intervals shorter than a week if notified by the SRD) by 
11:59 p.m., local time, the Sunday following a reporting week. If no 
fishing activity occurred during a reporting week, an electronic report 
so stating must be submitted for that reporting week by 11:59 p.m., 
local time, the Sunday following a reporting week.
    (3) Catastrophic conditions. During catastrophic conditions only, 
the ACL monitoring program provides for use of paper forms for basic 
required functions as a backup to the electronic fishing records 
required by paragraph (b)(1)(ii) of this section. The RA will determine 
when catastrophic conditions exist, the duration of the catastrophic 
conditions, and which participants or geographic areas are deemed 
affected by the catastrophic conditions. The RA will provide timely 
notice to affected participants via publication of notification in the 
Federal Register, NOAA weather radio, fishery bulletins, and other 
appropriate means and will authorize the affected participants' use of 
paper forms for the duration of the catastrophic conditions. The paper 
forms will be available from NMFS. During catastrophic conditions, the 
RA has the authority to waive or modify reporting time requirements.
    (4) Compliance requirement. Electronic reports required by 
paragraph (b)(1)(ii) of this section must be submitted and received by 
NMFS according to the reporting requirements under this section. A 
report not received within the time specified in paragraph (b)(2)(ii) 
is delinquent. A delinquent report automatically results in the owner 
and operator of a headboat for which a charter vessel/headboat permit 
for Atlantic dolphin and wahoo has been issued being prohibited from 
harvesting or possessing such species, regardless of any additional 
notification to the delinquent owner and operator by NMFS. The owner 
and operator who are prohibited from harvesting or possessing such 
species due to delinquent reports are authorized to harvest or possess 
such species only after all required and delinquent reports have been 
submitted and received by NMFS according to the reporting requirements 
under this section.
* * * * *
0
5. In Sec.  622.374, paragraph (b) is revised to read as follows:


Sec.  622.374  Recordkeeping and reporting.

* * * * *
    (b) Charter vessel/headboat owners and operators--(1) General 
reporting requirement--(i) Charter vessels. The owner or operator of a 
charter vessel for which a charter vessel/headboat permit for Gulf 
coastal migratory pelagic fish or South Atlantic coastal migratory 
pelagic fish has been issued, as required under Sec.  622.370(b)(1), or 
whose vessel fishes for or lands Gulf or South Atlantic coastal 
migratory fish in or from state waters adjoining the Gulf or South 
Atlantic EEZ, who is 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, on forms provided by the SRD and must submit such record as 
specified in paragraph (b)(2)(i) of this section.
    (ii) South Atlantic headboats. The owner or operator of a headboat 
for which a charter vessel/headboat permit for South Atlantic coastal 
migratory fish has been issued, as required under Sec.  622.370(b)(1), 
or whose vessel fishes for or lands South Atlantic coastal migratory 
pelagic fish in or from state waters adjoining the South Atlantic EEZ, 
who is selected to report by the

[[Page 59646]]

SRD must submit an electronic fishing record of each trip of all fish 
harvested within the time period specified in paragraph (b)(2)(ii) of 
this section, via the Southeast Region Headboat Survey.
    (iii) Gulf headboats. The owner or operator of a headboat for which 
a charter vessel/headboat permit for Gulf coastal migratory pelagic 
fish has been issued, as required under Sec.  622.370(b)(1), or whose 
vessel fishes for or lands Gulf coastal migratory fish in or from state 
waters adjoining the Gulf EEZ, who is 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, on forms provided by the SRD and must 
submit such record as specified in paragraph (b)(2)(iii) of this 
section.
    (2) Reporting deadlines--(i) Charter vessels. Completed fishing 
records required by paragraph (b)(1)(i) of this section for charter 
vessels must be submitted to the SRD weekly, postmarked no later than 7 
days after the end of each week (Sunday). Information to be reported is 
indicated on the form and its accompanying instructions.
    (ii) South Atlantic headboats. Electronic fishing records required 
by paragraph (b)(1)(ii) of this section for South Atlantic headboats 
must be submitted at weekly intervals (or intervals shorter than a week 
if notified by the SRD) by 11:59 p.m., local time, the Sunday following 
a reporting week. If no fishing activity occurred during a reporting 
week, an electronic report so stating must be submitted for that 
reporting week by 11:59 p.m., local time, the Sunday following a 
reporting week.
    (iii) Gulf headboats. Completed fishing records required by 
paragraph (b)(1)(iii) of this section for Gulf headboats must be 
submitted to the SRD monthly and must be made available to an 
authorized statistical reporting agent or be postmarked no later than 7 
days after the end of each month. Information to be reported is 
indicated on the form and its accompanying instructions.
    (3) Catastrophic conditions. During catastrophic conditions only, 
NMFS provides for use of paper forms for basic required functions as a 
backup to the electronic reports required by paragraph (b)(1)(ii) of 
this section. The RA will determine when catastrophic conditions exist, 
the duration of the catastrophic conditions, and which participants or 
geographic areas are deemed affected by the catastrophic conditions. 
The RA will provide timely notice to affected participants via 
publication of notification in the Federal Register, NOAA weather 
radio, fishery bulletins, and other appropriate means and will 
authorize the affected participants' use of paper forms for the 
duration of the catastrophic conditions. The paper forms will be 
available from NMFS. During catastrophic conditions, the RA has the 
authority to waive or modify reporting time requirements.
    (4) Compliance requirement. Electronic reports required by 
paragraph (b)(1)(ii) of this section must be submitted and received by 
NMFS according to the reporting requirements under this section. A 
report not received within the time specified in paragraph (b)(2)(ii) 
is delinquent. A delinquent report automatically results in the owner 
and operator of a headboat for which a charter vessel/headboat permit 
for South Atlantic coastal migratory pelagic fish has been issued being 
prohibited from harvesting or possessing such species, regardless of 
any additional notification to the delinquent owner and operator by 
NMFS. The owner and operator who are prohibited from harvesting or 
possessing such species due to delinquent reports are authorized to 
harvest or possess such species only after all required and delinquent 
reports have been submitted and received by NMFS according to the 
reporting requirements under this section.
* * * * *

[FR Doc. 2013-23355 Filed 9-26-13; 8:45 am]
BILLING CODE 3510-22-P