[Federal Register Volume 79, Number 68 (Wednesday, April 9, 2014)]
[Rules and Regulations]
[Pages 19490-19497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07983]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120405260-4258-02]
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: Final rule.

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SUMMARY: NMFS issues this final rule 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 of the Gulf, 
Red Drum Fishery of the Gulf, Snapper-Grouper Fishery (including 
wreckfish) of the South Atlantic Region, Golden Crab Fishery of the 
South Atlantic Region, Shrimp Fishery (excluding penaeid shrimp) of the 
South Atlantic Region, Dolphin and Wahoo Fishery of the Atlantic, 
Coastal Migratory Pelagic (CMP) Resources of the Gulf and South 
Atlantic, and Spiny Lobster Fishery of the Gulf and South Atlantic, as 
prepared by the Gulf and South Atlantic Fishery Management Councils 
(Councils). This final rule modifies the permitting and reporting 
requirements for seafood dealers who first receive species managed by 
the Councils through the previously mentioned FMPs. These revisions 
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 change 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 purpose 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: This rule is effective August 7, 2014.

ADDRESSES: Electronic copies of the Generic Dealer 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 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.
    On December 19, 2013, NMFS published a notice of availability for 
the Generic Dealer Amendment and requested public comment (78 FR 
76807). On January 2, 2014, NMFS published a proposed rule for the 
Generic Dealer Amendment and requested public comment (79 FR 81). The 
proposed rule and the Generic Dealer Amendment outline the rationale 
for the actions contained in this final rule. A summary of the actions 
implemented by this final rule is provided below.
    This final rule modifies the current permitting and reporting 
requirements for seafood dealers who first receive fish managed by the 
Councils through eight FMPs. This final rule creates one universal 
dealer permit (a Gulf and South Atlantic dealer permit), increases the 
frequency of dealer reporting, requires dealers to report purchases and 
non-purchases electronically, prohibits dealers from continuing to 
receive fish from federally permitted vessels if they are delinquent in 
submitting their reports, and revises the sale and purchase provisions 
for certain federally managed species. Management Measures Contained in 
this Final Rule

Gulf and South Atlantic Dealer Permits

    This final rule creates a single dealer permit (a Gulf and South 
Atlantic dealer permit) that is required to first receive the species 
currently covered by the six dealer permits (Atlantic Dolphin-Wahoo, 
Gulf Reef Fish, South Atlantic Golden Crab, South Atlantic Rock Shrimp, 
South Atlantic Snapper-Grouper and South Atlantic Wreckfish), 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 is not 
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 ACLs have not 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 outweighs 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

    This final rule requires 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 must be submitted on a weekly basis and are 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 
must submit their dealer reports for these species on a daily basis. 
These reports must be submitted through the

[[Page 19491]]

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 are also required to submit records of no 
purchases via the dealer electronic trip ticket reporting system at the 
same frequency and via the same process as records for purchases. The 
Councils and NMFS 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, requires dealers to submit 
reports electronically through the dealer electronic trip ticket 
reporting system. South Carolina requires paper-based reporting, but 
does allow electronic reporting in addition to filing paper reports. 
Therefore, under this final rule dealers in South Carolina would be 
required to report both by paper (according to state regulations) and 
electronically (according to Federal regulations). These electronic 
trip ticket reports would still go first to the state trip ticket 
reporting system and subsequently to NMFS. 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 final rule dealers will continue to 
use their state trip ticket reporting system.
    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 final rule allows 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 final rule stipulates 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 will aid in enforcement efforts to ensure 
dealer reports are submitted in a timely manner.

Revisions to Sale and Purchase Provisions

    This final rule revises the sale and purchase requirements for 
federally managed species based on changes to the dealer permitting 
requirements. This final rule allows 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, 
instead of just a dealer for a specific fishery (except for individual 
fishing quota (IFQ) species which are still required to be sold to a 
dealer with an IFQ dealer endorsement). This final rule also allows 
dealers with a Gulf and South Atlantic dealer permit 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 is 
also required to have an IFQ dealer endorsement).
    This final rule also clarifies that federally permitted vessels may 
sell federally managed species harvested in either Federal waters or 
adjoining state waters only to a dealer who has a valid Gulf and South 
Atlantic dealer permit. This provision places 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, are allowed to sell federally managed 
species (including bag-limit caught CMP) that are harvested in either 
Federal waters or adjoining state waters only to a dealer who has a 
valid Gulf and South Atlantic dealer permit. In addition, all federally 
permitted vessels that harvest CMP species under the bag limit in 
Federal waters or adjoining state waters are required to sell those CMP 
species only to a dealer who has a valid Gulf and South Atlantic dealer 
permit.

Other Changes Contained in This Final Rule

    This final rule adds 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,'' to clarify the 
regulations regarding how the bag limit is determined for private 
recreational vessels when a trip exceeds one calendar day. This 
clarification reflects the original intent of the Councils. This change 
is not related to the Generic Dealer Amendment.

Implementation and Compliance Timeline for This Final Rule

    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, this final rule is effective 4 months after the date of 
publication, on August 7, 2014. Upon publication of the final rule, on 
April 9, 2014, dealers that currently do not have a valid Federal 
dealer permit for any Gulf or South Atlantic fishery may submit an 
application for a Gulf and South Atlantic dealer permit. Gulf and South 
Atlantic dealer permits will 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 final rule, are not effective until 
August 7, 2014. Therefore, dealers issued Gulf and South Atlantic 
dealer permits before August 7, 2014 will be required to continue to 
purchase Gulf and South Atlantic species under existing Federal 
permitting requirements and are not allowed to operate under the Gulf 
and South Atlantic permit until August 7, 2014. Likewise, these dealers 
will not be required to report until August 7, 2014.
    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 August 7, 2014. 
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 August 7, 2014. This means 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 August 7, 2014, and must comply with all 
reporting and recordkeeping

[[Page 19492]]

requirements contained in this rule as of August 7, 2014. 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), must comply with the dealer 
reporting and recordkeeping requirements contained in this final rule 
as of August 7, 2014.

Comments and Responses

    NMFS received five comment submissions on the Generic Dealer 
Amendment and the proposed rule; two from seafood dealers, one from a 
non-profit environmental organization, and two from fishing 
organizations. The non-profit environmental organization expressed 
general support for the actions contained in the Generic Dealer 
Amendment and the proposed rule, including the timely transmission of 
accurate dealer purchase information (including both reports of fish 
landings and/or of a no landing reports) to monitor ACLs. A summary of 
the comments and NMFS' responses to those comments appears below.
    Comment 1: NMFS should send an automated response and time stamp to 
dealers when a purchase form is received.
    Response: All data are initially submitted to the states via the 
trip ticket reporting systems in place. A time stamp is generated by 
the trip ticket software to indicate when the data were submitted by 
the dealer. This time stamp is accessible to the dealer if the dealer 
requests it from the state trip ticket reporting system. NMFS does not 
have authority over the state trip ticket reporting system, and 
therefore cannot send automated responses to dealers after they submit 
information to state-controlled reporting systems; however, dealers may 
work with the states to get the information they need for their 
businesses.
    Comment 2: NMFS should contact dealers if a dealer is out of 
compliance with the reporting deadline (for both purchase and non-
purchase reports) before suspending the dealer's ability to purchase 
product.
    Response: It is the dealer's responsibility to ensure compliance 
with all Federal reporting deadlines. Nonetheless, NMFS is 
investigating the creation of an email notification system to let 
dealers know when they become out of compliance with the reporting 
requirements implemented in this final rule. If NMFS implements such a 
system in the future, NMFS will notify dealers of this capability.
    Comment 3: There is no provision in this amendment or rule in the 
event a computer hardware, software, or internet access problem occurs. 
The rule would shut down a business for not submitting electronic 
reports on time.
    Response: In the event of technical issues with a dealer's computer 
equipment or internet access, the dealer will need to utilize other 
computer resources for timely submission of the electronic reports, 
such as a mobile device or public access computer. NMFS will allow 
paper based reporting in the event of catastrophic conditions only. The 
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.
    Comment 4: Increasing regulations and reporting frequencies are 
economically detrimental to smaller businesses. The impacts of 
reporting were not thoroughly considered, such as the additional cost 
of computer maintenance. In addition, the assessment understated the 
significance of the economic effects of the proposed rule on small 
entities.
    Response: NMFS agrees that increasing regulations may have adverse 
economic effects on businesses and the significance of these effects 
may be greater for smaller businesses; however, NMFS disagrees that the 
economic effects of the proposed rule on small entities were 
understated. As stated in the analysis provided in the proposed rule, 
none of the requirements contained in this final rule require special 
professional skills and all affected small entities are expected to 
already have staff with the appropriate skills to meet these 
requirements. The analysis also provided an estimate of the permitting 
requirement for entities that do not currently have a Federal permit 
($74.42 per entity), the expected cost of a computer (less than $750), 
and the expected cost of internet access (less than $100 per month) for 
any entities that do not currently have a computer or internet service. 
The average annual computer maintenance cost is unknown, but is not 
expected to increase as a result of the requirements in this rule. 
Although these expenses may be burdensome to some dealers, overall the 
requirements are not expected to adversely affect a substantial number 
of small entities because the use of computers and the internet has 
become commonplace and a vital tool in business management and, 
according to the SBA, in 2010, approximately 94 percent of businesses 
used computers and 95 percent of these had internet service. 
Additionally, all affected entities currently operate in states that 
require electronic reporting, except South Carolina, and South Carolina 
allows electronic reporting. The estimated number of entities in South 
Carolina that will be affected by this rule is 38, or approximately 4 
percent of the total number of small businesses expected to be 
affected. Thus, even if none of the small businesses in South Carolina 
have elected to report electronically, only approximately 4 percent of 
the affected entities would incur any of the additional reporting costs 
associated with computer purchase, maintenance, and internet access. 
For all affected entities, satisfying the reporting frequency 
requirements of this final rule will only require more frequent 
submission of the same quantity and quality of data that is already 
being reported. As a result, because at least 96 percent of the small 
businesses affected by this rule are expected to already have the 
required skill, hardware, and internet access to meet state and common 
general business operational requirements, this final rule will not 
have a significant impact on a substantial number of small entities.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
that this final rule is necessary for the management of Gulf reef fish, 
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 and is consistent with the Generic Dealer 
Amendment, the FMP, the Magnuson-Stevens Act and other applicable laws.
    This final 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 during the proposed rule stage that this rule would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination was published in the 
proposed rule and is not repeated here. Comments on the economic 
analysis are addressed in the comments and responses section of this 
final rule. No changes to the final rule were made in

[[Page 19493]]

response to these comments. As a result, a final regulatory flexibility 
analysis was not required and none was prepared.
    This final rule contains collection-of-information requirements 
subject to the requirements of the Paperwork Reduction Act (PRA), which 
have been approved by OMB under control numbers 0648-0013 and 0648-
0205. NMFS estimates the requirement for dealers to report 
electronically will decrease the overall dealer reporting burden under 
OMB control number 0648-0013, because dealers will report all species 
through the electronic dealer trip ticket reporting system offered in 
each state, and NMFS will receive these data from the states. This 
eliminates 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) will not create 
more burden on dealers, because the dealers will still be reporting the 
same amount of information, they will just be submitting the same 
quantity of data more frequently.
    NMFS estimates the reporting burden under OMB control number 0648-
0205 will increase because more dealers will 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 will 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 will average 1 minute per response.
    Finally, NMFS estimates the requirement for dealers to complete 
their email address on the Federal Permit Application for an Annual 
Dealer Permit under OMB control number 0648-0205 will 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. 
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 PRA, unless that collection-of-information displays a currently 
valid OMB control number.

List of Subjects in 50 CFR Part 622

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

    Dated: April 4, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 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 and fees--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

[[Page 19494]]

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.
* * * * *

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.

[[Page 19495]]

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.


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:

[[Page 19496]]

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:


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.

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

[[Page 19497]]

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, paragraph (a)(5) is added to read as follows:


Sec.  622.400  Permits and fees.

    (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 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. 2014-07983 Filed 4-8-14; 8:45 am]
BILLING CODE 3510-22-P