[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Proposed Rules]
[Pages 11164-11167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05191]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BG75


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Electronic Reporting for Federally Permitted Charter Vessels and 
Headboats in Atlantic Fisheries

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

ACTION: Notice of availability (NOA); request for comments.

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SUMMARY: The South Atlantic Fishery Management Council (South Atlantic 
Council) and Gulf of Mexico (Gulf) Fishery Management Council (Gulf 
Council) have submitted the For-hire Reporting Amendment for review, 
approval, and implementation by NMFS. The For-hire Reporting Amendment 
includes Amendment 27 to the Fishery Management Plan (FMP) for Coastal 
Migratory Pelagic (CMP) Resources of the Gulf and Atlantic Region (CMP 
FMP), Amendment 9 to the FMP for the Dolphin and Wahoo Fishery off the 
Atlantic States (Dolphin Wahoo FMP), and Amendment 39 to the FMP for 
Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper 
FMP). If approved by the Secretary of Commerce, the For-hire Reporting 
Amendment would establish new, and revise existing, electronic 
reporting requirements for federally permitted charter vessels and 
headboats (for-hire vessels), respectively. The For-hire Reporting 
Amendment would require a charter vessel with a Federal charter vessel/
headboat permit for Atlantic CMP, Atlantic dolphin and wahoo, or South 
Atlantic snapper-grouper species to submit an electronic fishing report 
weekly, or at shorter intervals if notified by NMFS, through NMFS 
approved hardware and software. The For-hire Reporting Amendment would 
also reduce the time allowed for headboats to submit an electronic 
fishing report. The purpose of the For-hire Reporting Amendment is to 
increase and improve fisheries information collected from federally 
permitted for-hire vessels in the Atlantic. The information is expected 
to improve recreational fisheries management of the for-hire component 
in the Atlantic.

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DATES: Written comments on the For-hire Reporting Amendment must be 
received by May 13, 2018.

ADDRESSES: You may submit comments on the For-hire Reporting Amendment, 
identified by ``NOAA-NMFS-2017-0152,'' by either of the following 
methods:
     Electronic submission: Submit all electronic comments via 
the Federal e-Rulemaking Portal. Go to www.regulations.gov/docket?D=NOAA-NMFS-2017-0152, click the ``Comment Now!'' icon, complete 
the required fields, and enter or attach your comments.
     Mail: Submit all written comments to Karla Gore, NMFS 
Southeast Regional Office, 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 required fields if you wish to remain 
anonymous).
    Electronic copies of the For-hire Reporting Amendment may be 
obtained from www.regulations.gov or the Southeast Regional Office 
website at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/generic/2017/for_hire_reporting/index.html. The For-hire Reporting 
Amendment includes an environmental assessment, regulatory impact 
review, Regulatory Flexibility Act analysis, and fishery impact 
statement.

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

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any fishery management plan or 
amendment to NMFS for review and approval, partial approval, or 
disapproval. The Magnuson-Stevens Act also requires that NMFS, upon 
receiving an FMP or amendment, publish an announcement in the Federal 
Register notifying the public that the FMP or amendment is available 
for review and comment.
    The FMPs being revised by the For-hire Reporting Amendment were 
prepared by the South Atlantic Council and the Gulf Council, and the 
For-hire Reporting Amendment, if approved, would be implemented by NMFS 
through regulations at 50 CFR part 622 under the authority of the 
Magnuson-Stevens Act.

Background

    The Magnuson-Stevens Act requires that NMFS and regional fishery 
management councils prevent overfishing and achieve, on a continuing 
basis, the optimum yield from federally managed fish stocks. These 
mandates are intended to ensure that fishery resources are managed for 
the greatest overall benefit to the nation, particularly with respect 
to providing food production and recreational opportunities, and 
protecting marine ecosystems. To further this goal, the Magnuson-
Stevens Act states that the collection of reliable data is essential to 
the effective conservation, management, and scientific understanding of 
the nation's fishery resources.
    On July 1, 2012, NMFS implemented management measures contained in 
Amendment 18A to the Snapper-Grouper FMP, which established a provision 
that allowed the Science Research Director (SRD) at the NMFS Southeast 
Fisheries Science Center (SEFSC) to require for-hire vessels fishing 
for snapper-grouper species, when selected by the SRD, to submit 
fishing reports electronically on a weekly or daily basis to the SEFSC 
to better improve data on catch and bycatch (77 FR 32408, June 1, 
2012). However, upon implementation of Amendment 18A in 2012, a data 
system to collect electronic reports had not been developed and no 
vessels were selected by the SEFSC for electronic reporting. Therefore, 
both prior to and after the implementation of Amendment 18A, only paper 
logbook forms were used to collect fishing reports from selected for-
hire vessels.
    In 2013, an electronic logbook reporting requirement for federally 
permitted headboats fishing for Atlantic CMP, dolphin and wahoo, and 
snapper-grouper species was implemented by the final rule for Amendment 
22 to the CMP FMP, Amendment 6 to the Dolphin Wahoo FMP, and Amendment 
31 to the Snapper-Grouper FMP (collectively referred to as the Headboat 
Reporting Amendment) to improve the quality and timeliness of catch 
data (78 FR 78779, December 27, 2013). The final rule for the Headboat 
Reporting Amendment required all headboats with a Federal charter 
vessel/headboat permit for Atlantic CMP, Atlantic dolphin and wahoo, or 
South Atlantic snapper-grouper species to report landings 
electronically on a weekly basis to the SEFSC. The final rule also 
implemented a provision that authorizes NMFS to require reporting more 
frequently than weekly if notified by the SRD, and prohibits headboats 
from continuing to fish if they are delinquent in submitting reports. 
This headboat reporting program, called the Southeast Region Headboat 
Survey (SRHS), is managed and operated by the SEFSC. Currently, 
headboats submit an electronic fishing report to NMFS via the internet 
by the Sunday following the end of each reporting week, which runs from 
Monday through Sunday. The For-hire Reporting Amendment would shorten 
the time to report and proposes that headboats submit electronic 
fishing reports to NMFS by the Tuesday following the end of a reporting 
week, which would make the reporting deadline for headboats consistent 
with the proposed reporting deadline for federally permitted charter 
vessels. The South Atlantic Council believes that changing the timing 
of reporting would achieve consistency between federally permitted 
headboats and the proposed charter vessel reporting requirements. In 
addition, the South Atlantic Council believes that the shortened window 
for reporting could reduce recall bias and improve the timeliness of 
data availability.
    Similarly, the For-hire Reporting Amendment also would require that 
information from a federally permitted charter vessel be reported 
weekly, through the submission of electronic fishing reports on Tuesday 
following a reporting week. Currently, landings and discards from 
federally permitted charter vessels in Atlantic CMP, Atlantic dolphin 
wahoo, and South Atlantic snapper-grouper fisheries are monitored 
through the survey of charter vessels by the Marine Recreational 
Information Program (MRIP). Fishing effort is calculated based on a 
monthly phone sample of federally permitted charter vessels, though the 
phone survey is transitioning to a new mail survey. Catch rate 
observations and catch sampling are provided through dockside 
monitoring, also conducted by MRIP. This MRIP charter vessel 
information is then available in 2-month increments known as waves, so 
that there are six waves during the calendar year, e.g., January 
through February, March through April, etc. If NMFS implements the 
electronic reporting requirements described in the For-hire Reporting 
Amendment, the MRIP survey

[[Page 11166]]

of charter vessels would continue until the proposed electronic 
reporting program described in the For-hire Reporting Amendment is 
certified by NMFS, and then the electronic reporting program replaces 
the MRIP survey of charter vessels.
    Accurate and reliable fisheries information about catch, effort, 
and discards is critical to stock assessment and management 
evaluations. In addition, catch from federally permitted charter 
vessels represents a substantial portion of the total recreational 
catch for some South Atlantic Council managed fish species, such as 
king mackerel, black sea bass, dolphin, and wahoo. The South Atlantic 
Council believes that weekly electronic reporting for federally 
permitted charter vessels could provide more timely information than 
the current MRIP survey, and more accurate and reliable information for 
many species with low catches, low annual catch limits, or for species 
that are only rarely encountered by fishery participants. However, the 
South Atlantic Council recognizes that before the electronic reporting 
program described in this amendment could replace the MRIP survey 
program, the individual states would have to implement a similar for-
hire electronic reporting requirement. The South Atlantic Council has 
determined that weekly electronic reporting by all federally permitted 
charter vessels would be expected to enhance data collection efforts 
for potentially better fisheries management, such as through more data-
rich stock assessments.

Actions Contained in the For-Hire Reporting Amendment

    The For-hire Reporting Amendment includes actions to establish 
weekly electronic reporting for federally permitted charter vessels in 
the previously described Atlantic fisheries, and change the electronic 
reporting deadline for federally permitted headboats. The For-hire 
Reporting Amendment would also require an owner or operator of a 
federally permitted charter vessel to report their fishing locations to 
the nearest square nautical mile, or in degrees and minutes.

Electronic Reporting by Federally Permitted Charter Vessels

    In the For-hire Reporting Amendment, the South Atlantic Council has 
stated their need for increased data collection from federally 
permitted charter vessels, such as reporting fishing locations, 
compared with what the MRIP survey currently provides, as well as more 
timely data submission. The South Atlantic Council has determined that 
weekly reporting by federally permitted charter vessels could make data 
available to the science and management process more quickly and could 
improve data accuracy, as reports would be completed shortly after each 
trip. The For-hire Reporting Amendment would require an owner or 
operator of a charter vessel with a Federal charter vessel/headboat 
permit for Atlantic CMP species, Atlantic dolphin and wahoo, or South 
Atlantic snapper-grouper to submit an electronic fishing report to NMFS 
weekly, or at intervals shorter than a week if notified by the SRD, 
regardless if they were fishing in state or Federal waters, or what 
species they caught. The use of NMFS approved hardware and software 
would be required to submit weekly electronic fishing reports by the 
Tuesday following each reporting week.
    If the For-hire Reporting Amendment is approved and implemented, a 
federally permitted charter vessel fishing for Atlantic CMP, or dolphin 
and wahoo, or South Atlantic snapper-grouper species would be required 
to submit an electronic fishing report using hardware and software that 
meets NMFS technical requirements and has been type approved by NMFS. 
NMFS approved hardware could include electronic devices such as 
computers, tablets, and smartphones that allow for internet access and 
are capable of operating approved software. NMFS is currently 
evaluating potential software applications for the electronic for-hire 
reporting program and is considering the use of existing software 
applications already being used by partners in the region, including e-
trips online and e-trips mobile, which are products developed by the 
Atlantic Coastal Cooperative Statistics Program. Hardware and software 
that meet the NMFS type approval would be posted on the NMFS Southeast 
Region website upon publication of any final rule to implement the for-
hire electronic reporting program.
    An electronic fishing report would be required from a charter 
vessel regardless of where fishing occurs or which species are caught 
or harvested. For example, a vessel subject to these proposed 
requirements under a Federal charter vessel/headboat permit for 
Atlantic CMP, Atlantic dolphin wahoo, or South Atlantic snapper-grouper 
must report if they fish in state waters, in the Gulf, or in any other 
area. If a charter vessel does not fish during a week, submission of a 
``no-fishing'' report would be required by the Tuesday of the following 
week. The SEFSC would allow an advance submission of a no-fishing 
report for up to 30 days, as they currently allow for headboats.
    In an effort to reduce duplicative reporting by charter vessels, 
fishermen with Federal charter vessel/headboat permits subject to 
electronic reporting requirements in other regions, such as the Mid-
Atlantic and as proposed by the Gulf Council for the Gulf, would be 
required to comply with the electronic reporting program that is more 
restrictive, regardless of where fishermen are fishing. For example, 
the NMFS Greater Atlantic Regional Fisheries Office (GARFO) has 
implemented an electronic reporting requirement for owners and 
operators of a charter vessel or party boat (headboat) issued a Federal 
for-hire permit for species managed by Mid-Atlantic Fishery Management 
Council to submit an electronic vessel trip report using NMFS-approved 
software within 48 hours of completing a for-hire fishing trip (82 FR 
42610, September 11, 2017). Because NMFS GARFO requires more 
restrictive reporting than what is proposed in the For-hire Reporting 
Amendment, owners and operators of a vessel issued a Federal for-hire 
permit for species in both the Mid-Atlantic and South Atlantic would be 
required to report under the electronic reporting program managed by 
GARFO, regardless of where fishing occurs or what species are caught.
    The Gulf Council has also recommended amendments to their Gulf CMP 
FMP and their FMP for Reef Fish Resources of the Gulf of Mexico to 
address for-hire electronic reporting. The Gulf Council has submitted 
these amendments for review and implementation by the Secretary of 
Commerce. The Gulf Council's recommendations of for-hire electronic 
reporting for charter vessels are more stringent than those reporting 
requirements contained in the For-hire Reporting Amendment. The 
proposed Gulf for-hire electronic reporting program would require trip-
level reporting, a pre-trip notification to NMFS, and location 
information monitored by a vessel monitoring system, among other 
requirements. Thus, an owner or operator of a charter vessel that has 
been issued Federal charter vessel/headboat permits for applicable 
fisheries in both the Atlantic and the Gulf would be required to comply 
with the Gulf Council's more stringent for-hire electronic reporting 
program requirements, if the Gulf Council's amendments to address for-
hire electronic reporting are approved and implemented. The intent of 
the South Atlantic Council is to prevent a vessel with multiple Federal 
for-hire

[[Page 11167]]

permits from having to report to multiple reporting programs. A 
headboat with Federal charter vessel/headboat permits for applicable 
fisheries in both the Atlantic and the Gulf would continue to be 
required to comply with the electronic reporting requirements in effect 
based on where they are fishing, e.g., in the Atlantic or the Gulf. If 
NMFS implements the measures in the For-hire Reporting Amendment before 
approving and implementing the Gulf Council's amendments for the for-
hire electronic reporting program, vessels issued the applicable 
Federal charter vessel/headboat permits in the Atlantic and Gulf would 
be required to comply with the Atlantic electronic reporting program 
until a Gulf electronic reporting program is implemented, even if the 
for-hire trips only occur in the Gulf. Then, if NMFS implements the 
Gulf for-hire electronic reporting program, fishermen on for-hire 
vessels would need to comply with the Gulf electronic reporting 
program.
    The For-hire Reporting Amendment also extends other provisions to 
federally permitted charter vessels that currently apply to headboats 
for reporting during catastrophic conditions, delinquent reporting, and 
video monitoring. During catastrophic conditions, NMFS may accept paper 
reporting forms, and can modify or waive reporting requirements. A 
delinquent report results in a prohibition on the harvest or possession 
of the applicable species by the charter vessel permit holder until all 
required and delinquent reports have been submitted and received by 
NMFS according to the reporting requirements. Finally, charter vessels 
must participate in a video monitoring program if selected by the SRD.

Location Reporting

    The For-hire Reporting Amendment specifies core data elements to be 
collected through the for-hire electronic reporting program. These core 
data elements include, but are not limited to, information about the 
permit holder, vessel, location fished, catch, discards, fishing 
effort, and socio-economic data. Other information that could further 
benefit the management of federally permitted for-hire vessels included 
under the For-hire Reporting Amendment may also be subject to 
collection as determined by NMFS in the future.
    If approved by the Secretary of Commerce, the For-hire Reporting 
Amendment would require charter vessels to report their locations 
fished by either inputting their latitude and longitude in an 
electronic reporting program or by selecting their fishing locations on 
a geographic grid in an electronic reporting program. The location 
accuracy of either reporting method would be to the nearest square 
nautical mile, or degrees and minutes. This location reporting 
requirement is consistent with what is collected currently for 
headboats in the SRHS.

Timing of Electronic Reporting by Federally Permitted Headboats

    The For-hire Reporting Amendment also revises the reporting 
deadline for federally permitted headboats to submit electronic fishing 
reports to further improve the accuracy and timeliness of data reported 
through the SRHS. Headboats currently submit an electronic fishing 
report for each trip at weekly intervals, or at intervals shorter than 
a week if notified by the SRD. Electronic fishing reports are currently 
due by the Sunday following a reporting week, where the reporting week 
runs from Monday through Sunday; in other words, reports are due within 
7 days after a reporting week ends.
    The For-hire Reporting Amendment would change the deadline for 
headboats to submit an electronic fishing report after a reporting week 
ends. Headboats would continue to submit electronic fishing reports 
through the SRHS on a weekly basis with reports due on each Tuesday 
following a reporting week; in other words, reports would be due within 
2 days after a reporting week ends. This proposed change would make the 
reporting deadline for headboats consistent with the proposed reporting 
deadline for charter vessels.
    Headboats with applicable Federal charter vessel/headboat permits 
in both Atlantic and Gulf fisheries would continue to be required to 
comply with the electronic reporting standards in effect based on where 
they are fishing, e.g., in the Atlantic or the Gulf. Other than 
changing the deadline for submitting the fishing reports, no other 
aspect of the headboat reporting program would be changed by the For-
hire Reporting Amendment.

Proposed Rule for the For-Hire Reporting Amendment

    A proposed rule that would implement the For-hire Reporting 
Amendment has been drafted. In accordance with the Magnuson-Stevens 
Act, NMFS is evaluating the proposed rule to determine whether it is 
consistent with the FMPs, the Magnuson-Stevens Act, and other 
applicable laws. If that determination is affirmative, NMFS will 
publish the proposed rule in the Federal Register for public review and 
comment.

Consideration of Public Comments

    The South Atlantic Council has submitted the For-hire Reporting 
Amendment for Secretarial review, approval, and implementation. 
Comments on the For-hire Reporting Amendment must be received by May 
13, 2018. Comments received during the respective comment periods, 
whether specifically directed to the For-hire Reporting Amendment or 
the proposed rule will be considered by NMFS in the decision to 
approve, disapprove, or partially approve the For-hire Reporting 
Amendment. Comments received after the comment periods will not be 
considered by NMFS in this decision. All comments received by NMFS on 
the amendment or the proposed rule during their respective comment 
periods will be addressed in the final rule.

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

    Dated: March 9, 2018.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-05191 Filed 3-13-18; 8:45 am]
 BILLING CODE 3510-22-P