[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Proposed Rules]
[Pages 81-91]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31077]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120405260-3999-01]
RIN 0648-BC12


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

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 a Generic Amendment to 
the Fishery Management Plans (FMPs) in the Gulf of Mexico (Gulf) and 
South Atlantic Regions (Generic Dealer Amendment). The Generic Dealer 
Amendment amends the following FMPs: Reef Fish Resources and the Red 
Drum Fishery of the Gulf; the Snapper-Grouper Fishery (including 
wreckfish), the Golden Crab Fishery, and the Shrimp Fishery (excluding 
penaeid shrimp) of the South Atlantic Region; the Dolphin and Wahoo 
Fishery of the Atlantic; and Coastal Migratory Pelagic (CMP) Resources 
and the Spiny Lobster Fishery of the Gulf and South Atlantic, as 
prepared by the Gulf and South Atlantic Fishery Management Councils 
(Councils). If implemented, this rule would modify the permitting and 
reporting requirements for seafood dealers who first receive species 
managed by the Councils through the previously mentioned FMPs. These 
revisions would create a single dealer permit for dealers who first 
receive fish managed by the Councils, require both purchase and non-
purchase reports to be submitted online on a weekly basis, prohibit 
dealers from first receiving fish from federally-permitted vessels if 
they are delinquent in submitting reports, and revise the sale and 
purchase provisions based on the new dealer permitting requirements. 
This rule also adds regulatory language to clarify the bag limit for 
private recreational vessels when a trip exceeds one calendar day. The 
intent of this rule is to obtain timelier purchase information from 
dealers to better monitor annual catch limits (ACLs) and achieve 
optimum yield (OY) in accordance with the requirements of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

DATES: Written comments must be received on or before February 3, 2014.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2012-0206'', 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-2012-0206, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Rich Malinowski, 
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 Generic Dealer Amendment, which includes 
an environmental assessment and a regulatory impact review, may be

[[Page 82]]

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: Rich Malinowski, Southeast Regional 
Office, NMFS, telephone 727-824-5305; email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS and the Councils manage the fisheries 
for Gulf Reef Fish Resources, Gulf Red Drum, South Atlantic Snapper-
Grouper (including wreckfish), South Atlantic Golden Crab, South 
Atlantic Rock Shrimp, Atlantic Dolphin and Wahoo, Gulf and South 
Atlantic CMP, and Gulf and South Atlantic Spiny Lobster under their 
respective FMPs. The FMPs were prepared by the Councils and are 
implemented through regulations at 50 CFR part 622 under the authority 
of the 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 OY from federally managed fish stocks. These mandates are 
intended to ensure 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.
    The purpose of this proposed rule is to improve the timeliness and 
accuracy of dealer reporting, which will help achieve harvest targets. 
Many commercial species and species complexes have AMs that implement 
closures of these species or species complexes when the commercial ACLs 
are projected to be met. The current reporting frequency reduces the 
precision of the projected catches, which may result in estimates of 
landings that are significantly less than or greater than the ACL. 
Optimum yield may not be achieved when the harvest for species or 
species complexes is prohibited well before the ACL is met. Currently, 
overages have the potential to result in significant disruption in 
fishing behavior the following fishing year and reduce revenue and 
profit for fishermen. Overages also decrease the ability of stocks to 
rebuild when overfished, and may lead to overfishing conditions. The 
management measures contained in this proposed rule, including 
increasing the frequency of dealer reporting and requiring more 
permitted dealers to report, would help improve monitoring of the ACLs.

Management Measures Contained in This Proposed Rule

    This proposed rule would modify the current permitting and 
reporting requirements for seafood dealers who first receive fish 
managed by the Councils through eight FMPs. The term dealer is defined 
at Sec.  600.10: ``Dealer means the person who first receives fish by 
way of purchase, barter or trade.'' If fish are transported to a dealer 
on land, the transporter is not considered the ``first receiver,'' is 
not considered a dealer for the purpose of possession of these fish, 
and is not required to be a registered dealer. However, because the 
transporter is assumed to be an agent of the dealer to which the fish 
are being transported, the transporter must possess a copy of the 
dealer permit belonging to that dealer. If implemented, this rule would 
create one universal dealer permit (a Gulf and South Atlantic dealer 
permit), increase the frequency of dealer reporting, require dealers to 
report purchases and non-purchases electronically, prohibit dealers 
from continuing to receive fish from federally permitted vessels if 
they are delinquent in submitting their reports, and revise the sale 
and purchase provisions for certain federally managed species.

Gulf and South Atlantic Dealer Permits

    Currently, there are six Federal dealer permits in the Southeast 
Region: Atlantic Dolphin-Wahoo, Gulf Reef Fish, South Atlantic Golden 
Crab, South Atlantic Rock Shrimp, South Atlantic Snapper-Grouper 
(excluding wreckfish), and South Atlantic Wreckfish. This rule would 
create a single dealer permit (a Gulf and South Atlantic dealer permit) 
that would be required to first receive the species currently covered 
by the six dealer permits, as well as Gulf and South Atlantic CMP, Gulf 
and South Atlantic spiny lobster, and Gulf red drum. A Gulf and South 
Atlantic dealer permit would not be required to first receive South 
Atlantic coral, South Atlantic pelagic Sargassum, Gulf coral and coral 
reef species, and Gulf and South Atlantic penaeid shrimp species.
    The Councils exempted penaeid shrimp species from the Gulf and 
South Atlantic dealer permit because no ACLs have been established for 
these species (because they have annual life cycles). Thus, the current 
reporting system is adequate for determining catch and effort for these 
species and the administrative burden of issuing such a large number of 
shrimp dealer permits would outweigh the benefits of more timely shrimp 
dealer reports. The Councils did not include corals or pelagic 
Sargassum because coral harvest is limited to octocoral harvest off 
Florida and does not require a Federal harvest permit if landed in 
Florida, and there is no recorded harvest of pelagic Sargassum from 
Federal waters.

Frequency and Method of Dealer Reporting

    Currently, federally permitted Gulf reef fish, South Atlantic 
snapper-grouper, and South Atlantic wreckfish dealers, and dealers with 
records of king mackerel or Spanish mackerel purchases from the 
previous year, are required to submit dealer purchase forms once every 
2 weeks via fax or online through the appropriate state trip ticket 
reporting system. South Atlantic golden crab, rock shrimp, and Atlantic 
dolphin-wahoo dealers are required to submit dealer purchase forms once 
a month via fax or online through the appropriate state trip ticket 
reporting system. Reports are currently due 5 days after the end of 
each reporting period and must include all species received.
    This rule would require federally permitted dealers to submit a 
detailed electronic report of all fish first received for a commercial 
purpose via the dealer electronic trip ticket reporting system. These 
electronic reports would be submitted on a weekly basis, and would be 
due by 11:59 p.m., local time, the Tuesday 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. 
Dealers who first receive Gulf migratory king mackerel harvested by the 
run-around gillnet sector in the southern Florida west coast subzone 
would be required to submit their dealer reports for these species on a 
daily basis. These reports would be submitted through the dealer 
electronic trip ticket reporting system by 6 a.m., local time, for the 
previous day's harvest. In addition to reporting purchases, federally 
permitted dealers would also be required to submit records of no 
purchases via the dealer

[[Page 83]]

electronic trip ticket reporting system at the same frequency and via 
the same process as records for purchases. The Councils and NMFS would 
allow non-purchases to be reported up to 90 days in advance, if such an 
option exists in the state reporting system. If, after submitting an 
advance no purchase report, the dealer does receive fish, then a 
purchase report must be submitted for those fish.
    Every state, except South Carolina, allows dealers to submit 
reports electronically through the dealer electronic trip ticket 
reporting system. South Carolina only authorizes paper-based reporting; 
therefore, dealers in South Carolina would need to report both by paper 
(according to state regulations) and electronically (according to 
Federal regulations). The Science and Research Director (SRD), 
Southeast Fisheries Science Center, NMFS, or the alternate SRD, 
Northeast Fisheries Science Center, NMFS (for species harvested from 
Virginia through Maine) receives all of the electronic dealer reports 
within approximately 3 days of data entry, and uses the data for ACL 
monitoring. Under this proposed rule dealers would continue to use 
their state trip ticket reporting system, except for South Carolina.
    The data elements currently reported through the state trip ticket 
systems include the trip ticket number, dealer or processor's name, 
Federal permit number and state dealer license number, vessel name, 
U.S. Coast Guard documentation number and state registration number, 
vessel trip report number, date the vessel leaves the dock, date the 
vessel offloads the catch, date of purchase, species, amount landed, 
price per unit, port and state of landing, gear used, area fished, size 
category, and condition and disposition of the catch.
    During catastrophic conditions only, this rule would allow dealers 
to use a paper-based system for submitting dealer reports. The Regional 
Administrator (RA) will determine when catastrophic conditions exist, 
the duration of the catastrophic conditions, and which participants are 
affected. The RA will provide notice of a paper-based system via 
notification in the Federal Register, NOAA weather radio, fishery 
bulletins, and other appropriate means and will authorize the use of 
the paper-based system for the duration of the catastrophic conditions. 
The paper forms will be available from NMFS.

Non-reporting

    This rule would stipulate that dealers who are delinquent on 
submitting their reports are prohibited from receiving fish from 
federally-permitted vessels until they have submitted all required 
reports. This provision would aid in enforcement efforts to ensure 
dealer reports are submitted in a timely manner.

Revisions to Sale and Purchase Provisions

    This rule would revise the sale and purchase requirements for 
federally managed species based on changes to the dealer permitting 
requirements. Currently, federally managed species harvested on board a 
federally permitted vessel may only be sold to a federally permitted 
dealer for that specific fishery, and only federally permitted dealers 
for specific fisheries may first receive those specific federally 
managed species. This rule would provide more flexibility to fishermen 
and dealers by allowing federally managed species harvested on board a 
federally permitted vessel to be sold or transferred to any dealer with 
a Gulf and South Atlantic dealer permit (except for individual fishing 
quota (IFQ) species which would still be required to be sold to a 
dealer with an IFQ dealer endorsement), and dealers with a Gulf and 
South Atlantic dealer permit would be allowed to first receive all 
federally managed species harvested in or from the EEZ by federally 
permitted vessels (except for IFQ species, in which case the dealer 
would also be required to have an IFQ dealer endorsement).
    This rule would also clarify that federally permitted vessels may 
only sell federally managed species harvested in either Federal waters 
or adjoining state waters to a dealer who has a valid Gulf and South 
Atlantic dealer permit. This provision would place restrictions on 
certain federally permitted vessels that currently are able to sell 
their catch to non-federally permitted dealers. Through this 
rulemaking, vessels with commercial or charter vessel/headboat permits 
for CMP and vessels with Federal commercial permits for spiny lobster, 
including the Federal tail-separation permit, would only be allowed to 
sell federally managed species (including bag-limit caught CMP) that 
are harvested in either Federal waters or adjoining state waters to a 
dealer who has a valid Gulf and South Atlantic dealer permit. Also, all 
federally permitted vessels that harvest CMP under the bag limit, in 
Federal waters or adjoining state waters, would be required to sell 
those CMP to a dealer who has a valid Gulf and South Atlantic dealer 
permit.

Other Changes Contained in This Proposed Rule

    Recently, NMFS has received several inquiries regarding how the bag 
limit is determined for private recreational vessels when a trip 
exceeds one calendar day. NMFS has determined that the regulations 
addressing this issue should be clarified. Currently, the regulations 
for the general provisions for bag limits, specified at 50 CFR 
622.11(a), state that ``Unless specified otherwise, bag limits apply to 
a person on a daily basis, regardless of the number of trips in a 
day.'' However, these regulations do not provide any explanation of the 
number of bag limits that apply to a person on a trip that exceeds one 
calendar day. The original intent of the Gulf and South Atlantic 
Councils is clear in Amendment 1 to the FMP for the Reef Fish Resources 
of the Gulf of Mexico, Amendment 5 to the FMP for the Coastal Migratory 
Pelagic Resources of the Gulf of Mexico and South Atlantic, and 
Amendment 4 to the FMP for the Snapper-Grouper Fishery of the South 
Atlantic Region, and the accompanying final rules promulgated by NMFS 
(55 FR 2078, January 22, 1990; 55 FR 29370, July 19, 1990; and 56 FR 
56016, October 31, 1991, respectively). Those amendments and final 
rules stated that unless specified otherwise, bag limits apply to a 
person on a daily basis, regardless of the number of trips in a day, 
and that a person on a trip that exceeds one calendar day is limited to 
a single daily bag limit. NMFS has determined that during a 
reorganization of these regulations in 1996 (61 FR 34930, July 3, 
1996), this nuance was lost when NMFS altered the regulatory text to 
specify the bag and possession limits that apply to charter vessels or 
headboats in each FMP. However, these regulations have continued to be 
enforced consistent with the original intent of the FMPs: unless 
specified otherwise, bag limits apply to a person on a daily basis, 
regardless of the number of trips in a day or the duration of a trip. 
Therefore, to ensure that the regulations clearly reflect the original 
intent of the Gulf and South Atlantic Councils, this proposed rule 
would add the following sentence to 50 CFR 622.11(a): ``Unless 
specified otherwise, a person is limited to a single bag limit for a 
trip lasting longer than one calendar day.'' This change is not related 
to the Generic Dealer Amendment.

[[Page 84]]

Proposed Implementation and Compliance Timeline for Revised Dealer 
Permitting and Reporting Requirements

    In an effort to minimize the burden on currently permitted dealers, 
and provide for a smooth transition to the new Gulf and South Atlantic 
dealer permit, NMFS intends to take a phased approach to implementing 
the new requirements contained in this rule. If implemented, the 
Generic Dealer Amendment and the final rulemaking for the measures 
contained in this proposed rule would become effective 4 months after 
publication of the final rule. Upon publication of the final rule, 
dealers that currently do not have a valid Federal dealer permit for 
any Gulf or South Atlantic fishery could submit an application for a 
Gulf and South Atlantic dealer permit. Gulf and South Atlantic dealer 
permits would be issued within 30 days of receipt of a completed dealer 
permit application, so applicants should submit their application at 
least 30 days prior to the date upon which they need the permit to be 
effective. However, the Gulf and South Atlantic dealer permit 
requirement, and the associated reporting and recordkeeping 
requirements contained in this rule, would not be effective until 4 
months after the publication date of the final rule. Therefore, dealers 
issued Gulf and South Atlantic dealer permits before the effective date 
of the final rule will be required to continue to purchase Gulf and 
South Atlantic species under existing Federal permitting requirements, 
and would not be able to operate under the Gulf and South Atlantic 
permit until after the final rule becomes effective. Likewise, these 
dealers will not be required to report until after the final rule 
becomes effective.
    For those dealers who already have a valid Federal dealer permit 
for any Gulf or South Atlantic fishery, NMFS will treat their current 
permit as a Gulf and South Atlantic dealer permit as of the effective 
date of the final rule (4 months after publication of the final rule). 
These dealers will not be required to apply for a new Gulf and South 
Atlantic dealer permit until their existing permit(s) expire at some 
point after the effective date of the rule. This would mean that 
dealers who currently have a valid Federal dealer permit for any Gulf 
or South Atlantic fishery may begin to first receive all species 
covered under the Gulf and South Atlantic dealer permit on the 
effective date of the final rule (4 months after publication of the 
final rule), and must comply with all reporting and recordkeeping 
requirements contained in this rule as of the effective date of the 
final rule. Therefore, all federally permitted dealers (those with a 
current valid Federal dealer permit for any Gulf or South Atlantic 
fishery, and those with a new Gulf and South Atlantic dealer permit) 
would have to comply with the revised dealer reporting and 
recordkeeping requirements as of the effective date of the final rule 
(4 months after publication of the final rule).

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 eight affected FMPs, the 
Generic Dealer 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 permit 
and reporting requirements for entities that purchase species managed 
by the Councils to ensure landings of managed fish stocks are recorded 
accurately and in a timely manner so that ACLs are not exceeded. The 
Magnuson-Stevens Act provides the statutory basis for this proposed 
rule.
    This rule, if implemented, is expected to directly affect dealers 
that currently have a Federal dealer permit, dealers that do not have a 
Federal dealer permit that have historically purchased federally 
managed species and wish to continue to make these purchases, and 
federally permitted fishermen who would be required to sell their 
harvest to federally permitted dealers. There are an estimated 300 
dealers that currently have a Federal dealer permit and an estimated 
699 dealers that do not have a Federal dealer permit but who have 
historically purchased federally managed species encompassed by this 
proposed rule. The average annual revenue from seafood purchases for 
currently permitted Federal dealers over the period 2008-2010 was 
approximately $546,000 (nominal uninflated dollars). For the dealers 
without a Federal dealer permit that would be expected to be directly 
affected by this proposed rule, the average annual revenue over the 
same period was approximately $134,000 (nominal uninflated dollars). 
More recent summary information for both groups of dealers is not 
available.
    Federally permitted fishermen who would be required to sell their 
catch to federally permitted dealers include commercial fishermen and 
for-hire fishermen allowed to sell bag-limit quantities of certain 
federally managed species. CMP species are the only species where bag-
limit caught fish are allowed to be sold. The number of individual 
fishermen that would be newly required to sell their harvests to 
federally permitted dealers is unknown because many fishermen possess 
multiple permits to harvest different species and it is unknown how 
many vessels sell bag limit quantities of certain species, where 
allowed. As a result, only estimates of the current number of vessels 
holding individual permits are available at this time. On September 17, 
2012, the following number of commercial permits were valid (non-
expired) or renewable, where appropriate (only limited access permits 
are renewable): 1,496 commercial king mackerel permits; 1,794 
commercial Spanish mackerel permits; 249 commercial spiny lobster 
permits; 322 spiny lobster tailing permits; 544 South Atlantic peneaid 
shrimp permits; and 1,544 Gulf shrimp permits. Estimates of the average 
annual revenue per commercial vessel vary by fishery. For vessels that 
would be newly required to sell their harvests to federally permitted 
dealers, estimates of their average annual revenue range from a low of 
approximately $28,000 (2008 dollars) for vessels with a Spanish 
mackerel permit to a high of approximately $208,000 (2009 dollars) for 
vessels with a Gulf shrimp permit. It should be noted that although 
this rule, if implemented, would not require a Federal dealer permit to 
purchase peneaid shrimp, commercial peneaid shrimp fishermen fall 
within the scope of this rule because they are currently allowed to 
sell bag-limit quantities of CMP species.
    For for-hire vessels, the for-hire sector is comprised of 
charterboats, which charge a fee on a vessel basis, and headboats, 
which charge a fee on an individual angler (head) basis. On September 
17, 2012, the following number of for-hire permits were valid or 
renewable, where appropriate: 1,526 South Atlantic charter/headboat CMP 
permits; 1,349 Gulf charter/headboat CMP permits; and 41 Gulf charter/
headboat CMP historical captain permits. Although the for-hire permit 
does not distinguish between charterboats and headboats, an

[[Page 85]]

estimated 69 headboats operate in the Gulf and 75 headboats operate in 
the South Atlantic. As a result, an estimated 1,321 charterboats with 
CMP permits (regular or historical captain) operate in the Gulf and 
1,451 charterboats with CMP permits operate in the South Atlantic. For 
the for-hire fleet in the Gulf, the average charterboat is estimated to 
earn approximately $76,000 (2009 dollars) in annual revenue, while the 
average headboat is estimated to earn approximately $230,000 (2009 
dollars). The comparable revenues for for-hire vessels in the South 
Atlantic are approximately $106,000 (2009 dollars) and $188,000 (2009 
dollars), respectively.
    No other small entities that would be expected to be directly 
affected by this proposed rule have been identified.
    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 seafood purchasing and 
processing is classified as a small business based on either employment 
standards or revenue thresholds. The employment standard for a business 
classified as a small business is if it employs less than or equal to 
500 employees for seafood processors (NAICS code 311712, fresh and 
frozen seafood processing) or less than or equal to 100 employees if 
operating as a wholesaler (NAICS code 424460, fish and seafood merchant 
wholesalers). The revenue threshold for a seafood business classified 
as a small business is 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 
445220, fish and seafood marketing) for all affiliated operations 
worldwide. The revenue threshold for a business involved in the fish 
harvesting industry is $19.0 million (NAICS code 114111, finfish 
fishing) and in the for-hire fishing industry is $7.0 million (NAICS 
code 713990, recreational industries). The receipts threshold for 
finfish fishing is the result of a final rule issued by the SBA on June 
20, 2013, which increased the size standard for Finfish Fishing from 
$4.0 to $19.0 million (78 FR 37398). The receipts thresholds for 
seafood businesses and for-hire businesses have not been changed as a 
result of recent review by the SBA. Although employment estimates are 
not available for the dealers that would be expected to be directly 
affected by this proposed action, the average revenue estimates for 
these entities suggest the employment thresholds would not be exceeded. 
Based on the information provided above, all dealers, commercial 
vessels, and for-hire vessels expected to be directly affected by this 
proposed rule are determined for the purpose of this analysis to be 
small business entities.
    This rule, if implemented, would require a universal Federal dealer 
permit (a Gulf and South Atlantic dealer permit) to purchase the 
following federally managed species or species complexes: Atlantic 
dolphin-wahoo, South Atlantic golden crab, South Atlantic rock shrimp, 
South Atlantic snapper-grouper (including wreckfish), Gulf reef fish, 
Gulf and South Atlantic CMP, Gulf and South Atlantic spiny lobster, and 
Gulf red drum. This rule would also require that all dealers possessing 
a Gulf and South Atlantic dealer permit submit purchase forms of all 
purchases weekly (except king mackerel gillnet reports which would be 
required to be submitted daily) via the dealer electronic trip ticket 
reporting system, and that ``no purchase forms'' be submitted, if no 
purchase activity occurs, with the same frequency as purchase forms. 
However, if a dealer knows in advance that no purchase activity will 
occur for an extended period of time, a ``no purchase form'' may cover 
a period of up to 90 days, if such an option exists in the state 
reporting system. If after submitting an advance no purchase report the 
dealer does receive fish, then a purchase report must be submitted for 
those fish. None of these requirements would be expected to require 
special professional skills. Permit application and purchase reporting 
are standard skills required for all dealers to satisfy current Federal 
or state requirements. 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 rule, if implemented, would result in four primary outcomes. 
Currently, separate Federal dealer permits are required to purchase 
different federally managed species or species groups. The first 
primary outcome of this rule would be that dealers would only be 
required to obtain a single universal Federal dealer permit to purchase 
the federally managed species encompassed by this rule. Current Federal 
dealer permit application costs, not including time costs and postage, 
are $50 for the first permit and $12.50 for each additional permit. 
Some current Federal permit holders possess as many as six dealer 
permits, which cost a total of $112.50 in application fees. 
Consolidating the Federal dealer permits into a single universal 
Federal dealer permit would be estimated to save current permit holders 
collectively up to $6,700 in application fees. Individually, the 
application fee savings for these entities would range from $12.50 (for 
entities holding two permits) to $62.50 (for entities holding six 
permits). The estimated average annual revenue for these entities with 
at least one Federal dealer permit is approximately $546,000. The 
expected permit application savings that would arise from the proposed 
permit consolidation would, therefore, constitute a minor reduction in 
business expenses relative to average annual revenue.
    The second primary outcome of this rule would be that dealers that 
do not possess a Federal dealer permit would be required to obtain a 
universal Federal dealer permit to continue to purchase certain 
federally managed species. An estimated 699 dealers that have 
historically purchased these federally managed species but do not have 
any Federal dealer permit would be required to obtain a universal 
Federal dealer permit in order to continue to purchase these species. 
The estimated cost to obtain this permit, including postage and the 
time cost of preparation, is $72.42 ($50 for the permit application, 
$21.97 time cost, and $0.45 postage). The total cost across all 699 
entities would be approximately $50,600. The average annual revenue for 
these entities is estimated to be approximately $134,000. The expected 
permit application cost per entity would, therefore, constitute a minor 
increase in business expenses relative to average annual revenue.
    The third primary outcome of this rule would be that purchases must 
be reported by federally permitted dealers weekly (except Gulf king 
mackerel gillnet purchases must be reported daily), reporting of no 
purchase activity would be required to be submitted with the same 
frequency as purchases, though purchase inactivity could be reported in 
advance for up to 90 days, and all reports must be submitted 
electronically via the dealer electronic trip ticket reporting system. 
If a dealer does not submit the required reports, they would be 
prohibited from continuing to purchase fish from federally permitted 
vessels until the reporting requirements are met. Both reporting 
requirements (frequency and method) could be modified under decision by 
the RA should catastrophic conditions arise, preventing normal business 
operation. All affected entities currently operate in states that 
require reporting and allow electronic reporting (except South 
Carolina), but none of these states require electronic reporting.

[[Page 86]]

All respective states except South Carolina accept electronic reporting 
to satisfy state reporting requirements. If a South Carolina dealer 
submits a report electronically, the dealer must also submit a paper 
report to satisfy the state reporting requirements.
    Electronic reporting would require the affected entity to have a 
computer, internet services, and the necessary skill to compile and 
submit reports. The number of estimated 699 dealers that would be 
required to obtain a Gulf and South Atlantic dealer permit would not 
already have these as part of their routine business operation is 
unknown. The use of computers and the internet, however, is commonplace 
and a vital tool in business management. According to the SBA, in 2010, 
approximately 94 percent of businesses used computers and 95 percent of 
these had internet service. As a result, the majority of the affected 
entities would not be expected to incur new expenditures associated 
with computer and internet access as a result of this proposed rule. 
For those entities that would need to incur these new expenditures, 
these expenditures would not be expected to constitute a significant 
increase in their business expenses. Computers are readily available at 
a cost of less than $750 and internet services under $100 per month 
would be expected to be available in most locations. As previously 
discussed, the average annual revenue for these entities is $134,000.
    Any affected entity in South Carolina would be required to report 
twice, once electronically to satisfy the requirements of this proposed 
rule, and once by paper to satisfy the state reporting requirements. 
This would be expected to affect an estimated 38 entities, or 
approximately 4 percent of the total number of dealers expected to be 
affected by this proposed rule (999 total dealers, or 300 dealers with 
current Federal permits and 699 dealers expected to obtain a required 
Federal permit as a result of this proposed rule).
    In addition to potentially requiring some entities to acquire 
computers and internet service, this proposed rule would increase the 
reporting frequency for 699 dealers, which are currently only required 
to report monthly. Although the potential economic effects of this 
requirement cannot be quantified with available data, increasing the 
frequency of reporting would not be expected to result in a significant 
increase in operating costs to any business entity. To satisfy state 
reporting requirements, transactions by seafood dealers with fishermen 
require the generation of a trip ticket for each transaction and 
subsequent submission of these tickets to the state reporting system. 
As a result of cooperative agreements, Federal data collection entities 
have direct access to this information after it is submitted to the 
state systems. After the data are entered into the dealers' record 
system (computer or similar electronic device), submission of these 
tickets simply requires hitting the send button. Increasing the 
frequency of reporting, therefore, would simply require hitting the 
send button weekly (or daily) rather than monthly. For dealers that may 
initially create paper trip tickets, it is possible that some may not 
enter their data on a daily or continuous basis. For these entities, 
the proposed weekly reporting may require altering their business 
practices, with associated possible increases in business costs, to 
meet the proposed requirements. However, these instances would be 
expected to be the exception rather than the norm, and any increase in 
business expenses would be expected to be minor.
    With respect to the implications on dealers of non-compliance with 
the proposed reporting requirements, the prohibition on the continued 
purchase of commercially harvested fish from federally permitted 
vessels could severely affect the profits of the dealer. However, 
compliance with the proposed reporting requirements would be completely 
within the control of the individual dealer. Because avoiding such 
situations would be expected to be in the best economic interests of 
each dealer, these situations would be expected to occur infrequently 
and be of limited duration.
    The fourth primary outcome of this rule would be that federally 
permitted fishermen would be required to sell their harvest to 
federally permitted dealers. Because of the low cost of the Federal 
dealer permit ($50) and the absence of a limit on the number of permits 
issued, most dealers that do not currently possess a Federal dealer 
permit would be expected to obtain a permit to maintain their product 
flow and business relationships with current client fishermen and 
enhance their opportunity to purchase fish from a wider variety of 
vessels. As a result, few if any fishermen would be expected to need to 
change dealers, incur increased costs associated with changing dealers, 
or encounter reduced prices if access to qualified dealers is limited. 
As a result, the direct economic effects associated with this 
requirement would not be expected to be significant.
    Based on the discussion above, NMFS determines that this 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 0648-0013 and 0648-0205. NMFS 
estimates the requirement for dealers to report electronically would 
decrease the overall dealer reporting burden under OMB control number 
0648-0013, because dealers would be reporting all species through the 
electronic dealer trip ticket reporting system offered in each state, 
and NMFS would receive these data from the states. This would eliminate 
a duplication of effort on the dealers who were reporting similar 
information to the states and to NMFS (except for South Carolina, which 
still requires paper reporting).
    NMFS estimates the requirement for dealers to report more 
frequently (weekly instead of semi-monthly or monthly) would not create 
more burden on dealers, because the dealers would still be reporting 
the same amount of information, they would just be transmitting the 
data more frequently.
    NMFS estimates the reporting burden under OMB control number 0648-
0205 would increase because more dealers would be required to apply for 
a Federal dealer permit through this rulemaking (approximately 1,000 
entities, including 300 current dealers and 700 new dealers). NMFS 
estimates the requirement for dealers to complete the Federal Permit 
Application for an Annual Dealer Permit to obtain a Gulf and South 
Atlantic Dealer Permit would average 20 minutes per response (for new 
permits and renewals). NMFS estimates the requirement to complete 
``doing business as'' (DBA) names and check a box indicating whether or 
not a business is active with respect to its secretary of state on the 
Federal Permit Application for an Annual Dealer Permit under OMB 
control number 0648-0205 would average 1 minute per response.
    Finally, NMFS estimates the requirement for dealers to complete 
their email address on the Federal

[[Page 87]]

Permit Application for an Annual Dealer Permit under OMB control number 
0648-0205 would average 1 minute per response. 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

    Dealer, Fisheries, Fishing, Gulf of Mexico, Reporting and 
recordkeeping requirements, South Atlantic.

    Dated: December 23, 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.  622.2, the definition ``Reporting week'' is added in 
alphabetical order to read as follows:


Sec.  622.2  Definitions and acronyms.

* * * * *
    Reporting week means the period of time beginning at 12:01 a.m., 
local time, on Sunday and ending at 11:59 p.m., local time, the 
following Saturday.
* * * * *
0
3. In Sec.  622.4, the third sentence in paragraph (h) is revised to 
read as follows:


Sec.  622.4  Permits--general.

* * * * *
    (h) * * * In addition, a copy of the dealer's permit must accompany 
each vehicle that is used to pick up from a fishing vessel fish 
harvested from the EEZ. * * *
* * * * *
0
4. In Sec.  622.5, paragraph (c) is added to read as follows:


Sec.  622.5  Recordkeeping and reporting--general.

* * * * *
    (c) Dealers--(1) Permitted Gulf and South Atlantic dealers. (i) A 
person issued a Gulf and South Atlantic dealer permit must submit a 
detailed electronic report of all fish first received for a commercial 
purpose within the time period specified in this paragraph, via the 
dealer electronic trip ticket reporting system. These electronic 
reports must be submitted at weekly intervals via the dealer electronic 
trip ticket reporting system by 11:59 p.m., local time, the Tuesday 
following a reporting week. If no fish were received during a reporting 
week, an electronic report so stating must be submitted for that 
reporting week. Dealers must submit electronic reports for Gulf 
migratory group king mackerel harvested by the run-around gillnet 
sector in the southern Florida west coast subzone daily via the dealer 
electronic trip ticket reporting system by 6 a.m., local time, for the 
previous day's harvest. Until the commercial ACL (commercial quota) for 
the run-around gillnet sector for Gulf migratory group king mackerel is 
reached, if no king mackerel were received, an electronic report so 
stating must be submitted for that day.
    (ii) Dealers must retain either the paper forms or electronic 
reports for at least 1 year after the submittal date and must provide 
such records for inspection upon the request of an authorized officer 
or the SRD.
    (iii) During catastrophic conditions only, the ACL monitoring 
program provides for use of paper-based components for basic required 
functions as a backup. 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-based components 
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.
    (iv) Gulf and South Atlantic dealers are not authorized to first 
receive Gulf reef fish, Gulf red drum, South Atlantic golden crab, 
South Atlantic snapper-grouper, South Atlantic wreckfish, South 
Atlantic rock shrimp, coastal migratory pelagic fish, spiny lobster, or 
Atlantic dolphin or wahoo from a federally-permitted vessel if the 
required reports have not been submitted and received by NMFS according 
to the reporting requirements under this section. Delinquent reports 
automatically result in a Gulf and South Atlantic dealer becoming 
ineligible to first receive such fish, regardless of any notification 
to dealers by NMFS. Gulf and South Atlantic dealers who become 
ineligible to receive such fish due to delinquent reports are 
authorized to first receive such fish only after all required and 
delinquent reports have been submitted and received by NMFS according 
to the reporting requirements under this section.
    (2) Non-permitted dealers. See Sec.  622.51 for a person who 
purchases Gulf shrimp from a vessel, or person, that fishes for shrimp 
in the Gulf EEZ or in adjoining state waters, or that lands shrimp in 
an adjoining state.
0
5. In Sec.  622.11, a sentence is added after the second sentence in 
paragraph (a)(1) to read as follows:


Sec.  622.11  Bag and possession limits--general applicability.

* * * * *
    (a) * * *
    (1) * * * Unless specified otherwise, a person is limited to a 
single bag limit for a trip lasting longer than one calendar day. * * *
* * * * *
0
6. In Sec.  622.13, paragraph (h) is added to read as follows:


Sec.  622.13  Prohibitions--general.

* * * * *
    (h) First receive fish from federally-permitted vessels if the 
required reports have not been submitted in accordance with Sec.  
622.5(c).
* * * * *
0
7. In Sec.  622.20, paragraph (c)(1) is revised to read as follows:


Sec.  622.20  Permits and endorsements.

* * * * *
    (c) * * *
    (1) Permits. For a dealer to first receive Gulf reef fish harvested 
in or from the EEZ, a Gulf and South Atlantic dealer permit must be 
issued to the dealer.
* * * * *

[[Page 88]]

0
8. In Sec.  622.21, paragraph (b)(2) is revised to read as follows:


Sec.  622.21  Individual fishing quota (IFQ program) for Gulf red 
snapper.

* * * * *
    (b) * * *
    (2) Gulf IFQ dealer endorsements. In addition to the requirement 
for a Gulf and South Atlantic dealer permit as specified in Sec.  
622.20(c)(1), for a dealer to first receive red snapper subject to the 
IFQ program for Gulf red snapper, as specified in paragraph (a)(1) of 
this section, or for a person aboard a vessel with a Gulf IFQ vessel 
account to sell such red snapper directly to an entity other than a 
dealer, such persons must also have a Gulf IFQ dealer endorsement. A 
dealer with a Gulf and South Atlantic dealer permit can download a Gulf 
IFQ dealer endorsement from the NMFS IFQ Web site at 
ifq.sero.nmfs.noaa.gov. If such persons do not have an IFQ online 
account, they must first contact IFQ Customer Service at 1-866-425-7627 
to obtain information necessary to access the IFQ Web site and 
establish an IFQ online account. There is no fee for obtaining this 
endorsement. The endorsement remains valid as long as the Gulf and 
South Atlantic dealer permit remains valid and the dealer is in 
compliance with all Gulf reef fish and IFQ reporting requirements, has 
paid all IFQ fees required, and is not subject to any sanctions under 
15 CFR part 904. The endorsement is not transferable.
* * * * *
0
9. In Sec.  622.22, paragraph (b)(2) is revised to read as follows:


Sec.  622.22  Individual fishing quota (IFQ program) for Gulf groupers 
and tilefishes.

* * * * *
    (b) * * *
    (2) Gulf IFQ dealer endorsements. In addition to the requirement 
for a Gulf and South Atlantic dealer permit as specified in Sec.  
622.20(c)(1), for a dealer to first receive groupers and tilefishes 
subject to the IFQ program for groupers and tilefishes, as specified in 
paragraph (a)(1) of this section, or for a person aboard a vessel with 
a Gulf IFQ vessel account to sell such groupers and tilefishes directly 
to an entity other than a dealer, such persons must also have a Gulf 
IFQ dealer endorsement. A dealer with a Gulf and South Atlantic dealer 
permit can download a Gulf IFQ dealer endorsement from the NMFS IFQ Web 
site at ifq.sero.nmfs.noaa.gov. If such persons do not have an IFQ 
online account, they must first contact IFQ Customer Service at 1-866-
425-7627 to obtain information necessary to access the IFQ Web site and 
establish an IFQ online account. There is no fee for obtaining this 
endorsement. The endorsement remains valid as long as the Gulf and 
South Atlantic dealer permit remains valid and the dealer is in 
compliance with all Gulf reef fish and IFQ reporting requirements, has 
paid all IFQ fees required, and is not subject to any sanctions under 
15 CFR part 904. The endorsement is not transferable.
* * * * *
0
10. Section 622.25 is revised to read as follows:


Sec.  622.25  Exemptions for Gulf groundfish trawling.

    Gulf groundfish trawling means fishing in the Gulf EEZ by a vessel 
that uses a bottom trawl, the unsorted catch of which is ground up for 
animal feed or industrial products.
    (a) Other provisions of this part notwithstanding, the owner or 
operator of a vessel trawling for Gulf groundfish is exempt from the 
following requirements and limitations for the vessel's unsorted catch 
of Gulf reef fish:
    (1) The requirement for a valid commercial vessel permit for Gulf 
reef fish in order to sell Gulf reef fish.
    (2) Minimum size limits for Gulf reef fish.
    (3) Bag limits for Gulf reef fish.
    (4) The prohibition on sale of Gulf reef fish after a quota or ACL 
closure.
    (b) Other provisions of this part notwithstanding, a dealer in a 
Gulf state is exempt from the requirement for a Gulf and South Atlantic 
dealer permit to receive Gulf reef fish harvested from the Gulf EEZ by 
a vessel trawling for Gulf groundfish.
0
11. In Sec.  622.26, paragraph (c) is revised to read as follows:


Sec.  622.26  Recordkeeping and Reporting.

* * * * *
    (c) Dealers. (1) A dealer who first receives Gulf reef fish must 
maintain records and submit information as specified in Sec.  622.5(c).
    (2) The operator of a vehicle that is used to pick up from a 
fishing vessel Gulf reef fish must maintain a record containing the 
name of each fishing vessel from which reef fish on the vehicle have 
been received. The vehicle operator must provide such record for 
inspection upon the request of an authorized officer.
0
12. In Sec.  622.40, paragraphs (b) and (c) are revised to read as 
follows:


Sec.  622.40  Restrictions on sale/purchase.

* * * * *
    (b) A Gulf reef fish harvested in or from the EEZ or adjoining 
state waters by a vessel that has a valid commercial vessel permit for 
Gulf reef fish may be sold or transferred only to a dealer who has a 
valid Gulf and South Atlantic dealer permit, as required under Sec.  
622.20(c)(1).
    (c) A Gulf reef fish harvested in or from the EEZ may be first 
received by a dealer who has a valid Gulf and South Atlantic dealer 
permit, as required under Sec.  622.20(c)(1), only from a vessel that 
has a valid commercial vessel permit for Gulf reef fish.
0
13. Subpart E is revised to read as follows:
Subpart E--Red Drum Fishery of the Gulf of Mexico
Sec.
622.90 Permits.
622.91 Recordkeeping and reporting.
622.92 Prohibited species.
622.93 Adjustment of management measures.

Subpart E--Red Drum Fishery of the Gulf of Mexico


Sec.  622.90  Permits.

    (a) Dealer permits and conditions--(1) Permits. For a dealer to 
first receive Gulf red drum harvested in or from the EEZ, a Gulf and 
South Atlantic dealer permit must be issued to the dealer.
    (2) State license and facility requirements. To obtain a dealer 
permit, the applicant must have a valid state wholesaler's license in 
the state(s) where the dealer operates, if required by such state(s), 
and must have a physical facility at a fixed location in such state(s).
    (b) Permit procedures. See Sec.  622.4 for information regarding 
general permit procedures including, but not limited to application, 
fees, duration, transfer, renewal, display, sanctions and denials, and 
replacement.


Sec.  622.91  Recordkeeping and reporting.

    (a) Dealers. A dealer who first receives Gulf red drum must 
maintain records and submit information as specified in Sec.  622.5(c).
    (b) [Reserved]


Sec.  622.92   Prohibited species.

    (a) General. The harvest and possession restrictions of this 
section apply without regard to whether the species is harvested by a 
vessel operating under a commercial vessel permit. The operator of a 
vessel that fishes in the EEZ is responsible for the limit applicable 
to that vessel.
    (b) Red drum. Red drum may not be harvested or possessed in or from 
the Gulf EEZ. Such fish caught in the Gulf EEZ must be released 
immediately with a minimum of harm.

[[Page 89]]

Sec.  622.93   Adjustment of management measures.

    In accordance with the framework procedures of the FMP for the Red 
Drum Fishery of the Gulf of Mexico, the RA may establish or modify the 
following items:
    (a) Reporting and monitoring requirements, permitting requirements, 
bag and possession limits (including a bag limit of zero), size limits, 
vessel trip limits, closed seasons or areas and reopenings, annual 
catch limits (ACLs), annual catch targets (ACTs), quotas (including a 
quota of zero), accountability measures (AMs), MSY (or proxy), OY, TAC, 
management parameters such as overfished and overfishing definitions, 
gear restrictions (ranging from regulation to complete prohibition), 
gear markings and identification, vessel markings and identification, 
ABC and ABC control rules, rebuilding plans, sale and purchase 
restrictions, transfer at sea provisions, and restrictions relative to 
conditions of harvested fish (maintaining fish in whole condition, use 
as bait).
    (b) [Reserved]
0
14. In Sec.  622.170, paragraph (c)(1) is revised to read as follows:


Sec.  622.170  Permits and endorsements.

* * * * *
    (c) * * *
    (1) Permits. For a dealer to first receive South Atlantic snapper-
grouper (including wreckfish) harvested in or from the EEZ, a Gulf and 
South Atlantic dealer permit must be issued to the dealer.
* * * * *
0
15. In Sec.  622.172, paragraphs (b), (c)(6), (c)(7), and (d)(4) are 
revised to read as follows:


Sec.  622.172  Wreckfish individual transferable quota (ITQ) system.

* * * * *
    (b) List of wreckfish shareholders. Annually, on or about March 1, 
the RA will provide each wreckfish shareholder with a list of all 
wreckfish shareholders and their percentage shares, reflecting share 
transactions on forms received through February 15.
    (c) * * *
    (6) The ``Fish House'' part of each such coupon must be given to 
the dealer to whom the wreckfish are transferred in amounts totaling 
the eviscerated weight of the wreckfish transferred to that dealer. 
Wreckfish may be transferred only to a Gulf and South Atlantic dealer 
permit holder, as required under Sec.  622.170(c)(1).
    (7) A dealer may first receive wreckfish only from a vessel for 
which a commercial permit for wreckfish has been issued, as required 
under Sec.  622.170(a)(2). A dealer must receive the ``Fish House'' 
part of ITQ coupons in amounts totaling the eviscerated weight of the 
wreckfish received; enter the permit number of the vessel from which 
the wreckfish were received, enter the date the wreckfish were 
received, enter the dealer's permit number, and sign each such ``Fish 
House'' part; and submit all such parts with the electronic dealer 
reports required by Sec.  622.5(c).
* * * * *
    (d) * * *
    (4) If a wreckfish harvested by a vessel that has been issued a 
commercial vessel permit for South Atlantic snapper-grouper and a 
commercial vessel permit for wreckfish is to be offloaded at a location 
other than a fixed facility of a dealer who holds a Gulf and South 
Atlantic dealer permit, as required under Sec.  622.170(c)(1), the 
wreckfish shareholder or the vessel operator must advise the NMFS 
Office for Law Enforcement, Southeast Region, St. Petersburg, FL, by 
telephone (727-824-5344), of the location not less than 24 hours prior 
to offloading.
0
16. In Sec.  622.176, paragraph (c) is revised to read as follows:


Sec.  622.176  Recordkeeping and reporting.

* * * * *
    (c) Dealers. (1) A dealer who first receives South Atlantic 
snapper-grouper (including wreckfish) must maintain records and submit 
information as specified in Sec.  622.5(c).
    (2) On demand, a dealer who has been issued a Gulf and South 
Atlantic dealer permit, as required under Sec.  622.170(c)(1), must 
make available to an authorized officer all records of offloadings, 
purchases, or sales of South Atlantic snapper-grouper (including 
wreckfish).
* * * * *
0
17. In Sec.  622.192, paragraphs (b) and (c) are revised to read as 
follows:


Sec.  622.192  Restrictions on sale/purchase.

* * * * *
    (b) South Atlantic snapper-grouper harvested in or from the EEZ or 
adjoining state waters by a vessel that has a valid commercial vessel 
permit for South Atlantic snapper-grouper may be sold or transferred 
only to a dealer who has a valid Gulf and South Atlantic dealer permit, 
as required under Sec.  622.170(c)(1).
    (c) South Atlantic snapper-grouper harvested in or from the EEZ may 
be first received by a dealer who has a valid Gulf and South Atlantic 
dealer permit, as required under Sec.  622.170(a), only from a vessel 
that has a valid commercial permit for South Atlantic snapper-grouper.
* * * * *
0
18. In Sec.  622.200, the heading of paragraph (c) and paragraph (c)(1) 
are revised to read as follows:


Sec.  622.200  Permits.

* * * * *
    (c) Dealer permits and conditions--(1) Permits. For a dealer to 
first receive South Atlantic rock shrimp harvested in or from the EEZ, 
a Gulf and South Atlantic dealer permit must be issued to the dealer.
* * * * *
0
19. In Sec.  622.203, paragraph (b) is revised to read as follows:


Sec.  622.203  Recordkeeping and reporting.

* * * * *
    (b) South Atlantic rock shrimp dealers. (1) A dealer who first 
receives South Atlantic rock shrimp must maintain records and submit 
information as specified in Sec.  622.5(c).
    (2) On demand, a dealer who has been issued a Gulf and South 
Atlantic dealer permit, as required under Sec.  622.200(c)(1), must 
make available to an authorized officer all records of offloadings, 
purchases, or sales of rock shrimp.
0
20. In Sec.  622.209, paragraphs (a)(2) and (3) are revised to read as 
follows:


Sec.  622.209  Restrictions on sale/purchase.

    (a) * * *
    (2) Rock shrimp harvested in or from the EEZ or adjoining state 
waters by a vessel that has a valid commercial vessel permit for South 
Atlantic rock shrimp may be sold or transferred only to a dealer who 
has a valid Gulf and South Atlantic dealer permit, as required under 
Sec.  622.200(c)(1).
    (3) Rock shrimp harvested in or from the EEZ may be first received 
by a dealer who has a valid Gulf and South Atlantic dealer permit, as 
required under Sec.  622.200(c)(1), only from a vessel that has a valid 
commercial vessel permit for rock shrimp.
* * * * *
0
21. In Sec.  622.240, paragraph (b)(1) is revised to read as follows:


Sec.  622.240  Permits.

* * * * *
    (b) * * *
    (1) Permits. For a dealer to first receive South Atlantic golden 
crab harvested in or from the EEZ, a Gulf and South Atlantic dealer 
permit must be issued to the dealer.
* * * * *
0
22. In Sec.  622.242, paragraph (b) is revised to read as follows:

[[Page 90]]

Sec.  622.242  Recordkeeping and reporting.

* * * * *
    (b) Dealers. A dealer who first receives South Atlantic golden crab 
must maintain records and submit information as specified in Sec.  
622.5(c).
0
23. In Sec.  622.250, paragraphs (c) and (d) are revised to read as 
follows:


Sec.  622.250  Restrictions on sale/purchase.

* * * * *
    (c) A golden crab harvested in or from the EEZ or adjoining state 
waters by a vessel that has a valid commercial vessel permit for South 
Atlantic golden crab may be sold or transferred only to a dealer who 
has a valid Gulf and South Atlantic dealer permit, as required under 
Sec.  622.240(b)(1).
    (d) A golden crab harvested in or from the EEZ may be first 
received by a dealer who has a valid Gulf and South Atlantic dealer 
permit, as required under Sec.  622.240(b)(1), only from a vessel that 
has a valid commercial vessel permit for golden crab.
0
24. In Sec.  622.270, the heading of paragraph (d) and paragraph (d)(1) 
are revised to read as follows:


Sec.  622.270  Permits.

* * * * *
    (d) Dealer permits and conditions--(1) Permits. For a dealer to 
first receive Atlantic dolphin or wahoo harvested in or from the EEZ, a 
Gulf and South Atlantic dealer permit must be issued to the dealer.
* * * * *
0
25. In Sec.  622.271, paragraph (c) is revised to read as follows:


Sec.  622.271  Recordkeeping and reporting.

* * * * *
    (c) Dealers. (1) A dealer who first receives Atlantic dolphin or 
wahoo must maintain records and submit information as specified in 
Sec.  622.5(c).
    (2) Alternate SRD. For the purpose of Sec.  622.5(c), in the states 
from Maine through Virginia, or in the waters off those states, ``SRD'' 
means the Science and Research Director, Northeast Fisheries Science 
Center, NMFS, or a designee.
    (3) On demand, a dealer who has been issued a Gulf and South 
Atlantic dealer permit, as required under Sec.  622.270(d)(1), must 
make available to an authorized officer all records of offloadings, 
purchases, or sales of Atlantic dolphin or wahoo.
0
26. Section 622.279 is revised to read as follows:


Sec.  622.279  Restrictions on sale/purchase.

    (a) Dolphin or wahoo harvested in or from the Atlantic EEZ or 
adjoining state waters by a vessel that has a valid commercial vessel 
permit for Atlantic dolphin and wahoo, as required under Sec.  
622.270(a)(1), or by a vessel authorized a 200-lb (91-kg) trip limit 
for dolphin or wahoo, as specified in Sec.  622.278(a)(2), may be sold 
or transferred only to a dealer who has a valid Gulf and South Atlantic 
dealer permit, as required under Sec.  622.270(d)(1).
    (b) In addition to the provisions of paragraph (a)(1) of this 
section, a person may not sell dolphin or wahoo possessed under the 
recreational bag limit harvested in the Atlantic EEZ or adjoining state 
waters by a vessel while it is operating as a charter vessel or 
headboat. A dolphin or wahoo harvested or possessed by a vessel that is 
operating as a charter vessel or headboat with a Federal charter 
vessel/headboat permit for Atlantic dolphin and wahoo may not be 
purchased or sold if harvested in or from the Atlantic EEZ or adjoining 
state waters.
    (c) Dolphin or wahoo harvested in or from the Atlantic EEZ may be 
first received only by a dealer who has a valid Gulf and South Atlantic 
dealer permit, as required under Sec.  622.270(d)(1), and only from a 
vessel authorized to sell dolphin and wahoo under paragraph (a)(1) of 
this section.
    (b) [Reserved]
0
27. In Sec.  622.370, paragraph (c) is revised and paragraph (d) is 
added to read as follows:


Sec.  622.370  Permits.

* * * * *
    (c) Dealer permits and conditions--(1) Permits. For a dealer to 
first receive Gulf or South Atlantic coastal migratory pelagic fish 
harvested in or from the EEZ, a Gulf and South Atlantic dealer permit 
must be issued to the dealer.
    (2) State license and facility requirements. To obtain a dealer 
permit, the applicant must have a valid state wholesaler's license in 
the state(s) where the dealer operates, if required by such state(s), 
and must have a physical facility at a fixed location in such state(s).
    (d) Permit procedures. See Sec.  622.4 for information regarding 
general permit procedures including, but not limited to application, 
fees, duration, transfer, renewal, display, sanctions and denials, and 
replacement.
0
28. In Sec.  622.374, paragraph (c) is revised to read as follows:


Sec.  622.374  Recordkeeping and reporting.

* * * * *
    (c) Dealers. (1) A dealer who first receives Gulf or South Atlantic 
coastal migratory pelagic fish must maintain records and submit 
information as specified in Sec.  622.5(c).
    (2) Alternate SRD. For the purpose of Sec.  622.5(c), in the states 
from New York through Virginia, or in the waters off those states, 
``SRD'' means the Science and Research Director, Northeast Fisheries 
Science Center, NMFS, or a designee.
0
29. In Sec.  622.386, paragraphs (b) and (c) are added to read as 
follows:


Sec.  622.386  Restrictions on sale/purchase.

* * * * *
    (b) Coastal migratory pelagic fish harvested in or from the EEZ or 
adjoining state waters by a vessel that has a valid Federal commercial 
vessel permit or a charter vessel/headboat permit may be sold or 
transferred only to a dealer who has a valid Gulf and South Atlantic 
dealer permit, as required under Sec.  622.370(c)(1).
    (c) Coastal migratory pelagic fish harvested in or from the Gulf or 
South Atlantic EEZ may be first received by a dealer who has a valid 
Gulf and South Atlantic dealer permit, as required under Sec.  
622.370(c)(1), only from a vessel that has a valid Federal commercial 
vessel permit, as required under Sec.  622.370(a), or a charter vessel/
headboat permit for coastal migratory pelagic fish, as required under 
Sec.  622.370(b).
0
30. In Sec.  622.400, the paragraph (a)(5) is added to read as follows:


Sec.  622.400  Permits.

    (a) * * *
    (5) Dealer permits and conditions--(i) Permits. For a dealer to 
first receive Gulf or South Atlantic spiny lobster harvested in or from 
the EEZ, a Gulf and South Atlantic dealer permit must be issued to the 
dealer.
    (ii) State license and facility requirements. To obtain a dealer 
permit, the applicant must have a valid state wholesaler's license in 
the state(s) where the dealer operates, if required by such state(s), 
and must have a physical facility at a fixed location in such state(s).
* * * * *
0
31. Add Sec.  622.401 to read as follows:


Sec.  622.401  Recordkeeping and reporting.

    (a) Dealers. A dealer who first receives Gulf or South Atlantic 
spiny lobster must maintain records and submit information as specified 
in Sec.  622.5(c).
    (b) [Reserved]
0
32. Add Sec.  622.416 to subpart R to read as follows:


Sec.  622.416  Restrictions on sale/purchase.

    (a) Spiny lobster harvested in or from the EEZ or adjoining state 
waters by a vessel that has a valid Federal commercial vessel permit 
for spiny

[[Page 91]]

lobster, as required under Sec.  622.400(a)(1), or a valid Federal 
tail-separation permit for spiny lobster, as required under Sec.  
622.400(a)(2), may be sold or transferred only to a dealer who has a 
valid Gulf and South Atlantic dealer permit, as required under Sec.  
622.400(a)(5).
    (b) Spiny lobster harvested in or from the EEZ may be first 
received by a dealer who has a valid Gulf and South Atlantic dealer 
permit, as required under Sec.  622.400(a)(5), only from a vessel that 
has a valid Federal commercial vessel permit for spiny lobster or a 
valid Federal tail-separation permit for spiny lobster.

[FR Doc. 2013-31077 Filed 12-31-13; 8:45 am]
BILLING CODE 3510-22-P