[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Proposed Rules]
[Pages 14400-14409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06794]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170322299-8284-01]
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.

[[Page 14401]]


ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes to implement management measures described in 
the For-hire Reporting Amendment, as prepared and submitted by the 
South Atlantic Fishery Management Council (South Atlantic Council) and 
Gulf of Mexico (Gulf) Fishery Management Council (Gulf Council). 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 the Snapper-Grouper Fishery of the 
South Atlantic Region (Snapper-Grouper FMP). If implemented, this 
proposed rule would establish new, and revise existing, electronic 
reporting requirements for federally permitted charter vessels and 
headboats (for-hire vessels), respectively. This proposed rule 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 proposed rule would also reduce the time 
allowed for headboats to submit an electronic fishing report. The 
purpose of this proposed rule 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.

DATES: Written comments on the proposed rule must be received by May 4, 
2018.

ADDRESSES: You may submit comments on the proposed rule, 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 http://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).
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to Adam Bailey, NMFS Southeast Regional 
Office (see mailing address above), by email to 
[email protected], or fax to 202-395-5806.
    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 (RFA) 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 CMP fishery in the Atlantic region is 
managed under the CMP FMP jointly by the Gulf Council and South 
Atlantic Council. The South Atlantic Council manages the dolphin and 
wahoo fishery under the Dolphin Wahoo FMP in the Atlantic and the 
snapper-grouper fishery under the Snapper-Grouper FMP in the South 
Atlantic. All of these FMPs are implemented by NMFS through regulations 
at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).

Background

    The Magnuson-Stevens Act requires 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, NMFS 
collected fishing reports from selected for-hire vessels on paper 
logbook forms.
    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 (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. This 
proposed rule would shorten the time to report and would require that 
headboats submit electronic fishing reports to NMFS by the Tuesday 
following the end of a reporting week, which would make

[[Page 14402]]

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, this proposed rule 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 charter vessels 
in Atlantic CMP, 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 catch 
information from charter vessels 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 this proposed rule, the MRIP survey 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 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.

Management Measures Contained in This Proposed Rule

    This proposed rule would 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.

Electronic Reporting by Federally Permitted Charter Vessels

    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. This proposed rule 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 were caught or harvested, as explained below. A weekly 
electronic fishing report would be required to be submitted using NMFS-
approved hardware and software by the Tuesday following each reporting 
week.
    Through this proposed rule, 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 even 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, an owner or operator 
of a charter vessel with a Federal charter vessel/headboat permit, and 
with 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 they are fishing. The NMFS Greater 
Atlantic Regional Fisheries Office (GARFO) has implemented an 
electronic reporting requirement for owners and operators of a charter 
vessel or a 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 a 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

[[Page 14403]]

of where fishing occurs or what species are caught.
    The Gulf Council has also recommended amendments to the CMP FMP and 
the FMP for Reef Fish Resources of the Gulf of Mexico to address for-
hire electronic reporting. The amendments have been submitted for 
review and implementation by the Secretary of Commerce. The Gulf 
Council's recommendations of for-hire electronic reporting are more 
stringent than those reporting requirements contained in this proposed 
rule. The 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 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 permits from having to report to multiple 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 standards in effect based on where 
they are fishing, e.g., in the Atlantic or the Gulf. Because the Gulf 
Council's for-hire reporting amendments are proposing trip-level 
reporting prior to offloading fish from the vessel, the Gulf 
requirements for electronic reporting would be more restrictive and 
vessels with both South Atlantic and Gulf Federal charter vessel/
headboat permits would be required to report to the Gulf electronic 
reporting program. If NMFS approves the For-hire Reporting Amendment 
and implements this proposed rule before approving and implementing the 
Gulf Council's amendments for their for-hire electronic reporting 
program, a vessel issued the applicable Federal charter vessel/headboat 
permits in the Atlantic and in the 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, a vessel issued the applicable Federal charter 
vessel/headboat permits in the Atlantic and in the Gulf would be 
required to comply with the Gulf electronic reporting program.
    This proposed rule would also extend other provisions to federally 
permitted charter vessels that currently apply to headboats for 
reporting during catastrophic conditions and if delinquent reporting 
occurs. 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.

Timing of Electronic Reporting by Federally Permitted Headboats

    This proposed rule 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 due by the Sunday 
following a reporting week that runs from Monday through Sunday; in 
other words, reports are due within 7 days after a reporting week ends.
    This proposed rule 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 rule would make the 
reporting deadline for headboats consistent with the proposed reporting 
deadline for charter vessels. Other than changing the deadline for 
submitting the fishing reports, no other aspect of the headboat 
reporting program would be changed by this proposed rule.

Management Measure Contained in the For-Hire Reporting Amendment but 
not Codified Through This Proposed Rule

    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 coordination with the South 
Atlantic Council.
    If approved by the Secretary of Commerce, the For-hire Reporting 
Amendment would require an owner or operator of a federally permitted 
charter vessel 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.

Additional Proposed Changes to Codified Text not in the For-Hire 
Reporting Amendment

    In addition to the measures described in the For-hire Reporting 
Amendment, this proposed rule would change the FMP title name for the 
Dolphin Wahoo FMP in 50 CFR part 622. In 2004, NMFS published the final 
rule implementing the Dolphin Wahoo FMP, and the final rule added the 
name of the Dolphin Wahoo FMP in Table 1 to Sec.  622.1 (69 FR 30235, 
May 27, 2004). The Dolphin Wahoo FMP is also named in two other places 
in 50 CFR part 622. The name of the Dolphin Wahoo FMP in 50 CFR part 
622 is inconsistent with the original title of the Dolphin Wahoo FMP 
submitted by the South Atlantic Council, which is the Fishery 
Management Plan for the Dolphin and Wahoo Fishery of the Atlantic. 
Additionally, since NMFS implemented the Dolphin Wahoo FMP, the FMP 
name referenced by the South Atlantic Council and NMFS has often been 
the original title submitted by the South Atlantic Council. This 
proposed rule would correct the inconsistency between the regulations 
and the original name of the Dolphin Wahoo FMP and insert ``FMP for the 
Dolphin and Wahoo Fishery of the Atlantic'' in Table 1 to Sec.  622.1, 
and where the Dolphin Wahoo FMP is referenced in 50 CFR part 622.
    Finally, this proposed rule would remove certain regulatory 
requirements, in the sections referenced below, applicable to the owner 
or operator of a non-federally permitted charter vessel or headboat 
that does not fish in the EEZ but only harvests or possesses Atlantic 
CMP species from state waters adjoining the Mid-Atlantic and South 
Atlantic EEZ, or Atlantic dolphin or wahoo from state waters adjoining 
the Atlantic EEZ, or South Atlantic snapper-

[[Page 14404]]

grouper species from state waters adjoining the South Atlantic EEZ. 
This proposed rule would remove the regulatory requirements stated in 
this paragraph from 50 CFR 622.176(b)(1)(i) through (iii), 
622.271(b)(1)(i) and (ii), and 622.374(b)(1)(i) and (ii). NMFS has 
determined that it does not have the regulatory authority to request 
this information.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the For-hire Reporting Amendment, the respective FMPs, 
other provisions of the Magnuson-Stevens Act, and other applicable 
laws, subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866. This proposed rule is not expected 
to be an Executive Order 13771 regulatory action because this proposed 
rule is not significant under Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
proposed rule. No duplicative, overlapping, or conflicting Federal 
rules have been identified. A description of this proposed rule, why it 
is being considered, and the objectives of this proposed rule are 
contained in the preamble and in the SUMMARY section of the preamble.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) 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 follows.
    In 2016, there were 2,182 vessels with at least 1 valid Federal 
charter vessel/headboat permit to fish for Atlantic CMP species or 
Atlantic dolphin and wahoo, or South Atlantic snapper-grouper species. 
This proposed rule, if implemented, would be expected to directly 
affect all of these vessels. The for-hire component of the recreational 
sector is comprised of charter vessels and headboats. Although charter 
vessels tend to be smaller, on average, and carry fewer passengers than 
headboats, the key distinction between the two types of vessel 
operations is how the passenger fee is determined. On a charter vessel 
trip, the fee charged covers the entire vessel regardless of how many 
passengers are carried. The fee charged on a headboat trip is paid per 
individual angler. Although the application for a Federal charter 
vessel/headboat permit collects information on the primary method of 
vessel operation (charter vessel or headboat), the permit issued does 
not identify the vessel as either a charter vessel or headboat and 
vessels may operate in either capacity on separate trips. As of 
February 2017, 63 federally permitted for-hire vessels operating in the 
South Atlantic were identified as primarily operating as headboats and 
were reporting to the SRHS. It is not known how many headboats in the 
NMFS Greater Atlantic Region have a Federal charter vessel/headboat 
permit for Atlantic CMP or Atlantic dolphin and wahoo. Thus, among the 
2,182 vessels estimated to be directly affected by this proposed rule, 
at least 63 of them are expected to primarily operate as headboats and 
the rest as charter vessels. The average charter vessel operating in 
the South Atlantic is estimated to earn approximately $118,200 in 
annual revenue and the average charter vessel operating in the Greater 
Atlantic Region is estimated to earn approximately $29,300 annually 
(2016 dollars). For headboats, the comparable annual revenue estimates 
are approximately $209,000 and $226,200, respectively.
    The SBA has established size criteria for all major industry 
sectors in the U.S., including fish harvesters. A business involved in 
the for-hire fishing industry is classified as a small business if it 
is independently owned and operated, is not dominant in its field of 
operation (including its affiliates), and has combined annual receipts 
not in excess of $7.5 million (NAICS code 487210, for-hire businesses) 
for all its affiliated operations worldwide. All for-hire businesses 
expected to be directly affected by this proposed rule are believed to 
be small business entities.
    NMFS has not identified any other small entities that might be 
directly affected by this proposed rule.
    This proposed rule would require an owner or operator of a 
federally permitted charter vessel to submit an electronic report of 
their fishing activity weekly, or at shorter intervals if notified by 
the SRD, via hardware and software approved by NMFS. This requirement 
would not be expected to require special professional skills. The use 
of computers, smartphones, the internet, or other forms of electronic 
connections and communication is commonplace in the business 
environment. As a result, all of the charter vessel small businesses 
expected to be affected by this proposed rule would be expected to 
already have staff with the appropriate skills to complete the proposed 
reporting requirements. However, most charter vessel businesses, unlike 
headboats, have not been subject to mandatory logbook reporting of 
fishing activity and would be expected to lack experience completing 
logbooks, beyond the recording of similar information to satisfy the 
management needs of their businesses. As a result, although the 
information that would be required to be reported by this proposed rule 
would not be expected to be substantially different from that recorded 
for normal business purposes, some familiarization may be necessary 
before business staff become proficient in the proposed requirements. 
The hiring of new employees with specialized skills, however, should 
not be necessary.
    This proposed rule would also require federally permitted headboat 
businesses to submit electronic reports of their fishing activity by 
the Tuesday following the reporting week instead of the current 
requirement to report by the Sunday following the reporting week. 
Federally permitted headboats in the South Atlantic have been required 
to submit electronic reports of their fishing activity since January 
2014 (78 FR 78779, December 27, 2013). As a result, all headboat 
businesses affected by this proposed rule would be expected to be 
proficient with electronic reporting and have staff with the 
appropriate skills to meet the proposed change in the reporting 
deadline.
    No conflicting Federal rules have been identified. However, some 
for-hire vessels also have applicable Federal for-hire permits to 
operate in Federal waters of the Mid-Atlantic, New England, or the Gulf 
in addition to the South Atlantic. In 2016, 387 vessels held South 
Atlantic and Gulf Federal charter vessel/headboat permits to harvest 
species managed by both the South Atlantic Council and the Gulf 
Council. Among these vessels, it is unknown how many primarily operated 
as headboats. As of August 2017, it was estimated that approximately 
152 vessels were federally permitted to harvest species managed by both 
the South Atlantic Council and either the Mid-Atlantic or New England 
Fishery Management Councils. Again, it is unknown how many of these 
vessels primarily operated as headboats. For-hire vessels federally 
permitted to operate in the Mid-Atlantic or New England are required to 
submit a vessel trip report for each fishing trip taken via electronic 
or paper form. The Gulf Council has also approved an action to require 
electronic reporting for federally permitted charter vessels that 
operate under their jurisdiction and, similar to this proposed rule, 
modify the reporting

[[Page 14405]]

frequency of headboats federally permitted to fish for species managed 
by the Gulf Council. To eliminate duplicate reporting by federally 
permitted charter vessels, the South Atlantic Council would accept 
reports submitted under these other programs if the reporting 
requirements in these other programs are more stringent than those 
proposed by the South Atlantic Council and meet the core data elements 
identified by the South Atlantic Council.
    This proposed rule would be expected to have minimal impact on the 
profits of any of the small entities expected to be directly affected. 
This proposed rule would require weekly electronic reporting of all 
fishing activity by all charter vessels permitted to fish for federally 
managed species in the South Atlantic when operating as a for-hire 
vessel in state or Federal waters. It would also specify alternative 
reporting provisions during instances of extended periods of non-
fishing or when catastrophic conditions preclude electronic reporting. 
The charter vessels affected by this proposed rule are not currently 
required to submit reports of their fishing activity when under hire 
unless selected by the SRD. To date, the SRD has not selected any of 
these vessels for trip reporting. Instead, reporting is limited to 
those charter vessels that are selected to participate in the MRIP 
survey of charter vessels, which draws a weekly sample of 10 percent of 
eligible charter vessels in 2-month periods during the calendar year, 
e.g., January through February, and March through April. The MRIP 
survey includes all charter vessels in the South Atlantic, including 
those with only state-issued charter vessel permits, and state and 
federally permitted vessels, and not just charter vessels with Federal 
charter vessel/headboat permits. Therefore, because vessels with only 
state permits are included, the MRIP survey covers less than 10 percent 
of the federally permitted South Atlantic charter fleet in each 2-month 
period. Vessels may be selected multiple times during a year and the 
proportion of the total fleet of federally permitted vessels included 
in the MRIP survey at least once during the calendar year is unknown. 
Once selected, reporting is mandatory for vessels with a Federal 
charter vessel/headboat permit. The MRIP survey collects a limited 
amount of information (general area fished, number of anglers who 
fished, hours fished, method of fishing, and target species) and 
reporting only captures fishing activity for the single week for which 
the vessel is selected and not activity for the entire year. The 
proposed rule would not replace the MRIP survey of charter vessels. 
Data collected through MRIP would still be collected and used to 
validate data collected through the proposed electronic reporting 
program.
    As previously described, this proposed rule would also advance the 
weekly reporting deadline for federally permitted headboats from the 
Sunday following the reporting week to the Tuesday following the 
reporting week.
    The reporting program under development is expected to accommodate 
a range of commonly used electronic devices and transmission methods 
for program access and report submission. The SBA has estimated that in 
2010, approximately 94 percent of businesses used a computer and 95 
percent of these had internet service. These utilization rates are 
expected to be transferable to and/or inclusive of the use of other 
electronic communication devices, such as tablets and smartphones, 
expected to be included in the reporting options for electronic 
reporting. As a result, the majority of the charter vessels expected to 
be affected by this proposed rule would be expected to currently 
utilize one or more of these devices and services and not need to incur 
new operational expenses to acquire the technology necessary for the 
proposed electronic reporting. For businesses that do not currently 
have a suitable device or associated service, the expenses that would 
need to be incurred would not be expected to constitute a significant 
increase in operational costs. Basic computer systems under $300 (2016 
dollars) are commonly available, tablets can be purchased for as little 
as approximately $120 (2016 dollars), and a basic internet connection 
is expected to be available for under $50 per month (2016 dollars), or 
approximately $600 per year. Although more expensive models are 
available, smartphones can be purchased for less than some computers or 
tablets, and monthly service fees are comparable to those of the other 
electronic devices. As a result, a complete new system would be 
estimated to cost approximately $720 to $900 for the first year, and 
approximately $600 per year thereafter. Alternatively, free computer 
use and internet access is commonly available at public libraries.
    In addition to these potential equipment and connection costs, 
electronic reporting would require the expenditure of time, with 
associated labor costs, to record and submit the reports. Approximately 
188,000 individual angler trips were estimated to have been taken in 
Federal waters in the South Atlantic on charter vessels in 2016. Using 
this total and assuming an average of 3 to 6 anglers per vessel trip, 
the average charter vessel is estimated to take 14 to 29 trips per year 
in Federal waters. However, these estimates do not include activity by 
the vessels expected to be affected by this proposed rule in Federal 
waters of other regions (Mid-Atlantic, New England, and the Gulf) or 
trips taken in state waters in any region. This proposed rule would 
require electronic reporting of all trips by the charter vessels 
encompassed by this proposed rule in all regions regardless of whether 
the trips occurred in state or Federal waters. As a result, these 
estimates likely underestimate the total fishing activity by the 
charter vessels expected to be directly affected by this proposed rule. 
In 2016, approximately 492,700 individual angler trips were estimated 
to have been taken on charter vessels in the South Atlantic in Federal 
and state waters combined. Although not all of these trips would be 
expected to have been taken on federally permitted charter vessels 
(some charter vessels only possess state permits or licenses and only 
operate in state waters), this total also does not include trips by the 
vessels expected to be affected by this proposed rule taken in other 
regions where these vessels operate. Thus, the estimate of the total 
number of individual angler trips taken on charter vessels in 2016 
(492,700 trips) both includes and excludes categories of trips relevant 
to this assessment. However, for the purpose of this assessment, this 
total is expected to adequately account for trips taken in these other 
areas and provide an upper bound on the expected costs associated with 
reporting labor. Therefore, assuming an average of 3 to 6 anglers 
carried per charter vessel trip, the upper bound estimate of the 
average number of trips per charter vessel expected to be directly 
affected by this proposed rule would be approximately 38 to 75 trips.
    Electronic reporting (including location reporting) is estimated to 
take approximately 10 minutes per trip. Using the average annual number 
of charter trips taken per vessel in South Atlantic Federal waters (14 
to 29 trips) as a lower bound and the average annual number of charter 
trips taken per vessel in state and Federal waters of the South 
Atlantic combined (38 to 75 trips) as an upper bound, the average 
annual number of trips per affected vessel would be expected to range 
from 14 to 75 trips. Consequently, the time burden for electronic 
reporting would be expected to range from 2.3 hours to 12.5 hours per 
vessel per year for the average

[[Page 14406]]

charter vessel. The mean hourly wage rate in 2016 for fishers and 
related fishing workers was estimated to be $14.78 and for first line 
supervisors in fishing it was estimated to be $23.47 (2016 dollars; 
www.bls.gov/oes/current/oes453011.htm and www.bls.gov/oes/current/oes451011.htm). Using these wage rates, the expected time cost of 
electronic reporting per vessel per year would be expected to range 
from approximately $34 (2.3 hours at $14.78 per hour) to $293.00 (12.5 
hours at $23.47 per hour). These labor costs, however, would not be 
expected to be either wholly or substantially new business expenses. 
Instead, the time and labor associated with these costs would be 
expected to be borne by the captain, crew, or current shoreside 
business staff. Some of the effort to complete these reports may be 
redirected from current operational activities, such as normal trip 
record-keeping that a vessel completes for standard business purposes. 
The information reported will be accessible to the reporting vessel 
and, therefore, would not need to be recorded separately to meet 
business operational needs. Thus, in effect, the electronic for-hire 
reporting program may serve as the record repository for this portion 
of a vessel's business records. In addition to the need to maintain 
records on the number of trips and passengers a vessel takes, the 
service for-hire vessels sell requires reasonable levels of fishing 
success. Thus, records of what species a vessel catches, where they are 
caught, when they are caught, and how these performance variables 
change over time are vital to managing a successful for-hire business. 
As a result, the information collected under the proposed electronic 
reporting should be substantially duplicative of information already 
recorded by these businesses. Additionally, any new information 
collected as a result of complying with electronic reporting may 
improve for-hire businesses' ability to monitor and adjust their 
fishing practices, supporting more successful operation.
    In general, although some redistribution of labor activities may be 
required to satisfy the proposed electronic reporting requirements, 
reporting should be able to be completed during transit back to port or 
within normal business activities when the vessel is shoreside. As 
such, it would not be expected to constitute a significant labor burden 
to affected vessels. This would be expected to be particularly true 
because, although the mandatory reporting requirement would be weekly 
(i.e., by Tuesday following the reporting week), reporting more 
frequently, such as after each trip, would be allowed at the discretion 
of the vessel. Thus, there would be no requirement to accumulate 
multiple trip reports and need to dedicate a substantial block of time 
or labor to complete the required reporting. Whichever reporting 
strategy is adopted by the charter vessel, however, would be 
discretionary, and each business would be expected to adopt the 
strategy most efficient to its staffing and operational 
characteristics, thus minimizing any resultant implicit or explicit 
costs.
    For headboats, as previously described, electronic reporting has 
been required since January 2014 and all headboat operations are 
expected to be proficient with meeting the current reporting 
requirements. The proposed change in the timing of report submission by 
headboats would be expected to result in only minor to no direct 
economic effects on the affected headboat businesses. Because 
electronic reporting has been a requirement for the past 3 years, the 
labor and costs associated with reporting have been internalized within 
each headboat business. Shifting the reporting date to Tuesday 
following the reporting week from Sunday would not be expected to 
affect reporting costs unless the shift interferes with other business 
activities that need to be completed by the earlier date, or labor or 
other operational costs vary across the week. A longer reporting period 
provides more time to assemble the necessary information and allows 
greater flexibility to allocate labor. Thus, in theory, the proposed 
shortening of the period within which reports must be submitted would 
be expected to increase the likelihood that conflict with other labor 
demands arises. However, because of the experience headboat businesses 
have with the current electronic reporting requirements, any such 
conflict would be expected to be either minor or an exception, and not 
the norm, for most affected businesses.
    Based on the explanation above, NMFS determines that this proposed 
rule, if implemented, would not have a significant adverse 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.
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). This requirement has 
been submitted to OMB for approval. NMFS is proposing to revise the 
collection-of-information requirement under OMB Control Number 0648-
0016, Southeast Region Logbook Family of Forms. The proposed rule would 
require owners or operators of charter vessels and headboats with South 
Atlantic Federal charter vessel/headboat permits, and when operating as 
such in state or Federal waters, to submit weekly electronic fishing 
reports. Public reporting burden for the proposed requirement is 
estimated to average 10 minutes per fishing trip and 2 minutes for a 
no-fishing report, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the 
necessary data, and compiling, reviewing, and submitting the 
information to be collected.
    Public comment is sought 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 on 
these or any other aspects of the collection of information to the 
Southeast Regional Office at the ADDRESSES above, and by email to 
[email protected] or fax to 202-395-5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person will be subject to 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. All currently approved 
collections of information may be viewed at http://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects in 50 CFR Part 622

    Atlantic, Charter vessel, Cobia, Dolphin, Fisheries, Fishing, Gulf 
of Mexico, Headboat, King mackerel, Recordkeeping and reporting, 
Snapper-grouper, South Atlantic, Spanish mackerel, Wahoo.


[[Page 14407]]


    Dated: March 29, 2018.
Alan D. Risenhoover,
Acting 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.  622.1, revise the Table 1 entry for ``FMP for the Dolphin 
and Wahoo Fishery off the Atlantic States'' to read as follows:


Sec.  622.1  Purpose and scope.

* * * * *

        Table 1 to Sec.   622.1--FMPs Implemented Under Part 622
------------------------------------------------------------------------
                                      Responsible
            FMP title             fishery management   Geographical area
                                      council(s)
------------------------------------------------------------------------
 
                                * * * * *
FMP for the Dolphin and Wahoo     SAFMC.............  Atlantic.
 Fishery of the Atlantic.
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
0
3. In Sec.  622.13, revise paragraph (g) to read as follows:


Sec.  622.13  Prohibitions--general.

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


Sec.  622.176  Recordkeeping and reporting.

* * * * *
    (b) Charter vessel/headboat owners and operators--(1) General 
reporting requirement--(i) Charter vessels. The owner or operator of a 
charter vessel for which a charter vessel/headboat permit for South 
Atlantic snapper-grouper has been issued, as required under Sec.  
622.170(b)(1), and whose vessel is operating as a charter vessel in 
state or Federal waters, must record all fish harvested and discarded, 
and any other information requested by the SRD for each trip in state 
or Federal waters, and submit an electronic fishing report within the 
time period specified in paragraph (b)(2)(i) of this section. The 
electronic fishing report must be submitted to the SRD via NMFS-
approved hardware and software, as specified in paragraph (b)(5) of 
this section.
    (ii) Headboats. The owner or operator of a headboat for which a 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, as required under Sec.  622.170(b)(1), and whose vessel is 
operating as a headboat in state or Federal waters, must record all 
fish harvested and discarded, and any other information requested by 
the SRD for each trip in state or Federal waters, and submit an 
electronic fishing report within the time period specified in paragraph 
(b)(2)(i) of this section. The electronic fishing report must be 
submitted to the SRD via NMFS-approved hardware and software, as 
specified in paragraph (b)(5) of this section.
    (iii) Electronic logbook/video monitoring reporting. The owner or 
operator of a vessel for which a charter vessel/headboat permit for 
South Atlantic snapper-grouper has been issued, as required under Sec.  
622.170(b)(1), and whose vessel fishes for or lands such snapper-
grouper in or from state or Federal waters, who is selected to report 
by the SRD must participate in the NMFS-sponsored electronic logbook 
and/or video monitoring program as directed by the SRD. Compliance with 
the reporting requirements of paragraph (b)(2)(ii) of this section is 
required for permit renewal.
    (2) Reporting deadlines--(i) Charter vessels and headboats. 
Completed electronic fishing reports required by paragraph (b)(1) of 
this section must be submitted to the SRD by the Tuesday following each 
previous reporting week of Monday through Sunday, or at shorter 
intervals if notified by the SRD. If no fishing activity occurred 
during a reporting week, an electronic report so stating must be 
submitted by the Tuesday following that reporting week, or at a shorter 
interval if notified by the SRD.
    (ii) Completed fishing reports required by paragraph (b)(1)(iii) of 
this section for charter vessels or headboats may be required weekly or 
daily, as directed by the SRD. Information to be reported is indicated 
on the form and its accompanying instructions.
    (3) Catastrophic conditions. During catastrophic conditions only, 
NMFS provides for use of paper forms for basic required functions as a 
backup to the electronic reports required by paragraphs (b)(1)(i) and 
(ii) of this section. The RA will determine when catastrophic 
conditions exist, the duration of the catastrophic conditions, and 
which participants or geographic areas are deemed affected by the 
catastrophic conditions. The RA will provide timely notice to affected 
participants via publication of notification in the Federal Register, 
and other appropriate means such as fishery bulletins or NOAA weather 
radio, and will authorize the affected participants' use of paper forms 
for the duration of the catastrophic conditions. The paper forms will 
be available from NMFS. During catastrophic conditions, the RA has the 
authority to waive or modify reporting time requirements.
    (4) Compliance requirement. Electronic reports required by 
paragraphs (b)(1)(i) and (ii) of this section must be submitted and 
received by NMFS according to the reporting requirements under this 
section. A report not received within the applicable time specified in 
paragraph (b)(2)(i) of this section is delinquent. A delinquent report 
automatically results in the owner and operator of a charter vessel or 
headboat for which a charter vessel/headboat permit for South Atlantic 
snapper-grouper has been issued being prohibited from harvesting or 
possessing such species, regardless of any additional notification to 
the delinquent owner and operator by NMFS. The owner and operator who 
are prohibited from harvesting or possessing such species due to 
delinquent reports are authorized to harvest or possess such species 
only after all required and delinquent reports have been submitted and 
received by NMFS according to the reporting requirements under this 
section.
    (5) Hardware and software requirements for electronic reporting. 
Owners and operators must submit electronic reports using NMFS-approved 
hardware and software.
* * * * *
0
5. Revise the heading of Subpart M to read as follows:

Subpart M--Dolphin and Wahoo Fishery of the Atlantic

0
6. In Sec.  622.271, revise paragraph (b) to read as follows:


Sec.  622.271  Recordkeeping and reporting.

* * * * *
    (b) Charter vessel/headboat owners and operators--(1) General 
reporting requirement--(i) Charter vessels. The owner or operator of a 
charter vessel for

[[Page 14408]]

which a charter vessel/headboat permit for Atlantic dolphin and wahoo 
has been issued, as required under Sec.  622.270(b)(1), and whose 
vessel is operating as a charter vessel in state or Federal waters, 
must record all fish harvested and discarded, and any other information 
requested by the SRD for each trip in state or Federal waters, and 
submit an electronic fishing report within the time period specified in 
paragraph (b)(2) of this section. The electronic fishing report must be 
submitted to the SRD via NMFS-approved hardware and software, as 
specified in paragraph (b)(5) of this section.
    (ii) Headboats. The owner or operator of a headboat for which a 
charter vessel/headboat permit for Atlantic dolphin and wahoo has been 
issued, as required under Sec.  622.270(b)(1), and whose vessel is 
operating as a headboat in state or Federal waters, must record all 
fish harvested and discarded, and any other information requested by 
the SRD for each trip in state or Federal waters, and submit an 
electronic fishing report within the time period specified in paragraph 
(b)(2) of this section. The electronic fishing report must be submitted 
to the SRD via NMFS-approved hardware and software, as specified in 
paragraph (b)(5) of this section.
    (2) Reporting deadlines for charter vessels and headboats. 
Completed electronic fishing reports required by paragraph (b)(1) of 
this section must be submitted to the SRD by the Tuesday following each 
previous reporting week of Monday through Sunday, or at shorter 
intervals if notified by the SRD. If no fishing activity occurred 
during a reporting week, an electronic report so stating must be 
submitted by the Tuesday following that reporting week, or at a shorter 
interval if notified by the SRD.
    (3) Catastrophic conditions. During catastrophic conditions only, 
NMFS provides for use of paper forms for basic required functions as a 
backup to the electronic reports required by paragraphs (b)(1)(i) and 
(ii) of this section. The RA will determine when catastrophic 
conditions exist, the duration of the catastrophic conditions, and 
which participants or geographic areas are deemed affected by the 
catastrophic conditions. The RA will provide timely notice to affected 
participants via publication of notification in the Federal Register, 
and other appropriate means such as fishery bulletins or NOAA weather 
radio, and will authorize the affected participants' use of paper forms 
for the duration of the catastrophic conditions. The paper forms will 
be available from NMFS. During catastrophic conditions, the RA has the 
authority to waive or modify reporting time requirements.
    (4) Compliance requirement. Electronic reports required by 
paragraphs (b)(1)(i) and (ii) of this section must be submitted and 
received by NMFS according to the reporting requirements under this 
section. A report not received within the applicable time specified in 
paragraph (b)(2) of this section is delinquent. A delinquent report 
automatically results in the owner and operator of a charter vessel or 
headboat for which a charter vessel/headboat permit for Atlantic 
dolphin and wahoo has been issued being prohibited from harvesting or 
possessing such species, regardless of any additional notification to 
the delinquent owner and operator by NMFS. The owner and operator who 
are prohibited from harvesting or possessing such species due to 
delinquent reports are authorized to harvest or possess such species 
only after all required and delinquent reports have been submitted and 
received by NMFS according to the reporting requirements under this 
section.
    (5) Hardware and software requirements for electronic reporting. 
Owners and operators must submit electronic reports using NMFS-approved 
hardware and software.
* * * * *
0
7. In Sec.  622.281, revise the introductory text to read as follows:


Sec.  622.281  Adjustment of management measures.

    In accordance with the framework procedures of the FMP for the 
Dolphin and Wahoo Fishery of the Atlantic, the RA may establish or 
modify the following items specified in paragraph (a) of this section 
for Atlantic dolphin and wahoo.
* * * * *
0
8. In Sec.  622.374, revise paragraph (b) to read as follows:


Sec.  622.374  Recordkeeping and reporting.

* * * * *
    (b) Charter vessel/headboat owners and operators--(1) General 
reporting requirement--(i) Gulf of Mexico--(A) Charter vessels. The 
owner or operator of a charter vessel for which a charter vessel/
headboat permit for Gulf coastal migratory pelagic fish has been 
issued, as required under Sec.  622.370(b)(1), or whose vessel fishes 
for or lands Gulf coastal migratory fish in or from state waters 
adjoining the Gulf EEZ, who is selected to report by the SRD must 
maintain a fishing record for each trip, or a portion of such trips as 
specified by the SRD, on forms provided by the SRD and must submit such 
record as specified in paragraph (b)(2)(i)(A) of this section.
    (B) Headboats. The owner or operator of a headboat for which a 
charter vessel/headboat permit for Gulf coastal migratory fish has been 
issued, as required under Sec.  622.370(b)(1), or whose vessel fishes 
for or lands Gulf coastal migratory pelagic fish in or from state 
waters adjoining the Gulf EEZ, who is selected to report by the SRD 
must submit an electronic fishing record for each trip of all fish 
harvested within the time period specified in paragraph (b)(2)(i)(B) of 
this section, via the Southeast Region Headboat Survey.
    (ii) Atlantic--(A) Charter vessels. The owner or operator of a 
charter vessel for which a charter vessel/headboat permit for Atlantic 
coastal migratory pelagic fish has been issued, as required under Sec.  
622.370(b)(1), and whose vessel is operating as a charter vessel in 
state or Federal waters, must record all fish harvested and discarded, 
and any other information requested by the SRD for each trip in state 
or Federal waters, and submit an electronic fishing report within the 
time period specified in paragraph (b)(2)(ii) of this section. The 
electronic fishing report must be submitted to the SRD via NMFS-
approved hardware and software, as specified in paragraph (b)(5) of 
this section.
    (B) Headboats. The owner or operator of a headboat for which a 
charter vessel/headboat permit for Atlantic coastal migratory pelagic 
fish has been issued, as required under Sec.  622.370(b)(1), and whose 
vessel is operating as a headboat in state or Federal waters, must 
record all fish harvested and discarded, and any other information 
requested by the SRD for each trip in state or Federal waters, and 
submit an electronic fishing report within the time period specified in 
paragraph (b)(2)(ii) of this section. The electronic fishing report 
must be submitted to the SRD via NMFS-approved hardware and software, 
as specified in paragraph (b)(5) of this section.
    (2) Reporting deadlines--(i) Gulf of Mexico--(A) Charter vessels. 
Completed fishing records required by paragraph (b)(1)(i)(A) of this 
section for charter vessels must be submitted to the SRD weekly, 
postmarked no later than 7 days after the end of each week (Sunday). 
Information to be reported is indicated on the form and its 
accompanying instructions.
    (B) Headboats. Electronic fishing records required by paragraph 
(b)(1)(i)(B) of this section for headboats must be submitted at weekly 
intervals

[[Page 14409]]

(or intervals shorter than a week if notified by the SRD) by 11:59 
p.m., local time, the Sunday following a reporting week. If no fishing 
activity occurred during a reporting week, an electronic report so 
stating must be submitted for that reporting week by 11:59 p.m., local 
time, the Sunday following a reporting week.
    (ii) Atlantic. Completed electronic fishing reports required by 
paragraph (b)(1)(ii) of this section must be submitted to the SRD by 
the Tuesday following each previous reporting week of Monday through 
Sunday, or at shorter intervals if notified by the SRD. If no fishing 
activity occurred during a reporting week, an electronic report so 
stating must be submitted by the Tuesday following that reporting week, 
or at a shorter interval if notified by the SRD.
    (3) Catastrophic conditions. During catastrophic conditions only, 
NMFS provides for use of paper forms for basic required functions as a 
backup to the electronic reports required by paragraphs (b)(1)(i) and 
(ii) of this section. The RA will determine when catastrophic 
conditions exist, the duration of the catastrophic conditions, and 
which participants or geographic areas are deemed affected by the 
catastrophic conditions. The RA will provide timely notice to affected 
participants via publication of notification in the Federal Register, 
and other appropriate means such as fishery bulletins or NOAA weather 
radio, 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.
    (4) Compliance requirement. Electronic reports required by 
paragraphs (b)(1)(i) and (ii) of this section must be submitted and 
received by NMFS according to the reporting requirements under this 
section. A report not received within the applicable time specified in 
paragraphs (b)(2)(i) or (ii) is delinquent. A delinquent report 
automatically results in the owner and operator of a charter vessel or 
headboat for which a charter vessel/headboat permit for Gulf or 
Atlantic coastal migratory pelagic fish has been issued, as required 
under Sec.  622.370(b)(1), being prohibited from harvesting or 
possessing such species, regardless of any additional notification to 
the delinquent owner and operator by NMFS. The owner and operator who 
are prohibited from harvesting or possessing such species due to 
delinquent reports are authorized to harvest or possess such species 
only after all required and delinquent reports have been submitted and 
received by NMFS according to the reporting requirements under this 
section.
    (5) Hardware and software requirements for electronic reporting. 
Owners and operators must submit electronic reports using NMFS-approved 
hardware and software. In the Gulf, the NMFS-approved hardware and 
software must have a minimum capability of archiving GPS locations.
* * * * *
[FR Doc. 2018-06794 Filed 4-3-18; 8:45 am]
 BILLING CODE 3510-22-P