[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Proposed Rules]
[Pages 54069-54079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23348]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 180212157-8897-01]
RIN 0648-BH72


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

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in 
the Gulf For-hire Electronic Reporting Amendment, as prepared and 
submitted by the Gulf of Mexico (Gulf) Fishery Management Council (Gulf 
Council) and the South Atlantic Fishery Management Council (South 
Atlantic Council). The Gulf For-hire Reporting Amendment includes 
amendments to the Fishery Management Plan (FMP) for Reef Fish Resources 
of the Gulf of Mexico (Reef Fish FMP) and the Coastal Migratory Pelagic 
(CMP) Resources of the Gulf of Mexico and Atlantic Region (CMP FMP). If 
implemented, this proposed rule would revise reporting requirements for 
federally permitted charter vessels and headboats (for-hire vessels). 
This proposed rule would require an owner or operator of a for-hire 
vessel with a Federal charter vessel/headboat permit for Gulf Reef Fish 
or Gulf CMP to submit an electronic fishing report for each fishing 
trip before offloading fish from the vessel, using NMFS-approved 
hardware and software. The proposed rule would also require that a for-
hire vessel owner or operator use NMFS-approved hardware and software 
with global positioning system (GPS) capabilities that, at a minimum, 
archive vessel position data during a trip. Lastly, prior to departing 
for any trip, this proposed rule would require the owner or operator of 
a federally permitted charter vessel or headboat to notify NMFS and 
declare whether they are departing on a for-hire trip, or on another 
trip type. The purpose of this proposed rule is to increase and improve 
fisheries information collected from federally permitted for-hire 
vessels in the Gulf. The information is expected to improve 
recreational fisheries management of the for-hire component in the 
Gulf.

DATES: Written comments on the proposed rule must be received by 
November 26, 2018.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2018-0111,'' 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-2018-0111, click the ``Comment Now!'' icon, complete 
the required fields, and enter or attach your comments.
     Mail: Submit all written comments to Rich Malinowski, 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/

[[Page 54070]]

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, [email protected], or by email to 
[email protected], or fax to 202-395-5806.
    Electronic copies of the Gulf 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_fisheries/For-HireElectronicReporting/index.html.
    The Gulf For-hire Reporting Amendment includes an environmental 
assessment, regulatory impact review, Regulatory Flexibility Act (RFA) 
analysis, and fishery impact statement.

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

SUPPLEMENTARY INFORMATION: The CMP fishery in the Gulf is managed 
jointly under the CMP FMP by the Gulf Council and South Atlantic 
Council. The Gulf Council manages the reef fish fishery under the Reef 
Fish FMP. 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 February 3, 2014, NMFS implemented management measures contained 
in a framework action to the Reef Fish FMP and the CMP FMP (Headboat 
Reporting Framework), which modified recordkeeping and reporting 
provisions for an owner or operator of a headboat with a Federal 
charter vessel/headboat permit for Gulf reef fish or Gulf CMP, who is 
selected to participate in the Southeast Region Headboat Survey (SRHS) 
(79 FR 6097, February 3, 2014). That final rule required a headboat 
owner or operator to submit a weekly electronic fishing report, or at 
shorter intervals if notified by the Science and Research Director 
(SRD) of NMFS' Southeast Fisheries Science Center (SEFSC). 
Additionally, the final rule for the Headboat Reporting Framework 
prohibited headboats from continuing to fish until any delinquent 
electronic fishing reports are submitted to NMFS. The purpose of the 
Headboat Reporting Framework was to obtain more timely fishing 
information from headboats to better monitor recreational annual catch 
limits (ACLs), improve stock assessments, and improve compliance with 
reporting in Gulf recreational fisheries.
    The SEFSC manages and operates the SRHS. Currently, headboats in 
the southeast region 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; in other words, reports are due 
within 7 days after a reporting week ends. This final rule for the Gulf 
For-hire Reporting Amendment would shorten the time after a trip that 
federally permitted headboats in the Gulf have to submit electronic 
fishing reports to NMFS. These reports would be required after each 
trip before offloading fish from the vessel. If no fish were retained 
on a trip, submission of an electronic fishing report would be required 
within 30 minutes after the trip ends.
    Similarly, this proposed rule would require that information from a 
federally permitted charter vessel be reported after each trip through 
the submission of electronic fishing reports before offloading fish 
from the vessel, or if no fish were retained, within 30 minutes after 
the trip ends. Currently, landings and discards from federally 
permitted charter vessels in the Gulf reef fish and CMP fisheries are 
monitored through the survey of charter vessels by the Marine 
Recreational Information Program (MRIP). Fishing effort is calculated 
based on a monthly sample of federally permitted charter vessels 
through a phone 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 Gulf 
For-hire Reporting Amendment, the MRIP survey of charter vessels would 
continue until the proposed electronic reporting program described in 
the amendment is certified by NMFS, and then the electronic reporting 
program could replace the MRIP survey of federally permitted charter 
vessels.
    Accurate and reliable fisheries information about catch, effort, 
and discards is important for stock assessments and the evaluation of 
management measures. In addition, catch from federally permitted for-
hire vessels represents a substantial portion of the total recreational 
catch for some fish species managed by the Gulf Council, such as red 
snapper, gray triggerfish, greater amberjack, and mutton snapper. The 
Gulf Council determined that electronic reporting on a per trip basis 
could provide more timely information than the current MRIP survey and 
SRHS, and more accurate and reliable information for those species that 
have low catches, small ACLs, or are rarely encountered by fishery 
participants. The Gulf Council expects electronic reporting on a per 
trip basis by all federally permitted for-hire vessels to enhance data 
collection efforts, providing for better fisheries management, such as 
through more data-rich stock assessments and improved data accuracy.

Management Measures Contained in This Proposed Rule

    This proposed rule would require the owners or operators of vessels 
with Federal charter vessel/headboat permits for Gulf reef fish or Gulf 
CMP species to submit electronic reports, via NMFS-approved hardware 
and software, on a per trip basis before offloading fish. If no fish 
are landed, the electronic fishing report must be submitted within 30 
minutes after the completion of each fishing trip. This proposed rule 
would also require that a for-hire vessel owner or operator use NMFS-
approved hardware and software with GPS capabilities that, at a 
minimum, archive vessel position data during a trip for subsequent 
transmission to NMFS. Lastly, this proposed rule would require the 
owner or operator of a federally permitted charter vessel or headboat 
to notify NMFS prior to departing for any trip and declare whether they 
are departing on a for-hire trip, or on another trip type. If the 
vessel will be operating as a charter vessel or headboat during the 
specified trip, the vessel owner or operator must also report details 
of the trip's expected completion.

[[Page 54071]]

Electronic Reporting

    This proposed rule would require an owner or operator of a charter 
vessel or headboat with a Federal charter vessel/headboat permit for 
Gulf reef fish or CMP species, and is operating as a for-hire vessel, 
to submit an electronic fishing report for each trip before offloading 
fish from the vessel, or within 30 minutes after the end of each trip 
if no fish were landed. The electronic fishing report would include any 
species that were caught or harvested in or from any area, e.g., in 
state or Federal waters in the Gulf or Atlantic, as well as information 
about the permit holder, vessel, location fished, fishing effort, 
discards, and socio-economic data.
    If the proposed rule is implemented, the owner or operator of a 
vessel with a Federal charter vessel/headboat permit for Gulf reef fish 
or Gulf CMP species would be required to submit an electronic fishing 
report using NMFS-approved hardware and software, which could include 
sending data through a cellular or satellite-based service. NMFS-
approved hardware could include devices such as computers, tablets, 
smartphones, and vessel monitoring system units 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 existing software 
applications used by partners in the region, including eTRIPS online 
and eTRIPS mobile, which are reporting products developed by the 
Atlantic Coastal Cooperative Statistics Program. NMFS maintains a list 
of NMFS type-approved vessel monitoring system (VMS) units for 
commercial fisheries at this website https://www.fisheries.noaa.gov/national/enforcement/noaa-fisheries-type-approved-vms-units. These 
systems will be evaluated and potentially modified by the vendors to 
meet the proposed Gulf for-hire reporting requirements. 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 revisions to the Gulf for-hire electronic reporting program. 
Public reporting burden for the proposed requirements is estimated to 
average 10 minutes per electronic fishing report.
    This proposed rule also extends other provisions to federally 
permitted charter vessels that currently apply to headboats to allow 
for modified reporting during catastrophic conditions, such as after a 
hurricane, and to address delinquent reporting. During NMFS-declared 
catastrophic conditions, NMFS may accept paper reporting forms, and can 
modify or waive reporting requirements. Also, a delinquent report would 
result in a prohibition on the harvest or possession of the applicable 
species by the for-hire vessel permit holder until all required and 
delinquent reports have been submitted and received by NMFS according 
to the reporting requirements.

Location Tracking and Reporting

    This proposed rule would require that vessels with Federal charter 
vessel/headboat permits for Gulf reef fish or Gulf CMP species have 
NMFS-approved hardware and software with GPS capabilities that, at a 
minimum, archive vessel position data during a trip for subsequent 
transmission to NMFS, which could include sending data through a 
cellular or satellite-based service. The location information would be 
transmitted electronically to NMFS, along with all other required 
reporting information, prior to offloading fish at the end of each 
trip, or within 30 minutes after a trip is completed if no fish were 
landed. To meet these proposed requirements, separate hardware devices 
may be required to record and submit fishing reports and GPS locations. 
If it is necessary to submit separate fishing and location reports at 
the end of each trip, NMFS estimates the reporting burden to submit 
location information at 2 minutes per trip. The purpose of this 
proposed requirement is to verify whether a vessel is at the dock.
    The GPS portion of the hardware, i.e., the vessel's location 
tracking device, would have to be permanently affixed to the vessel and 
must have uninterrupted power, unless the owner or operator applies for 
and is granted a power-down exemption, e.g., if the vessel is removed 
from the water for repairs. If a VMS unit approved for the Gulf 
electronic reporting program is used, the VMS unit would also be 
required to have uninterrupted power unless a power-down exemption is 
granted.
    In the Gulf, federally permitted commercial reef fish vessels are 
already required to use a NMFS-approved VMS unit for submitting trip 
notifications and commercial landings estimates. NMFS has also issued 
Gulf charter vessel/headboat permits to some of these vessels. However, 
not all VMS units approved for use on commercial reef fish vessels may 
be approved for use in the proposed Gulf for-hire reporting program. 
NMFS-approved VMS units would need software updates by the vendors to 
meet the proposed for-hire reporting requirements. If a VMS unit 
required for the Gulf commercial reef fish fishery is not capable of 
meeting the proposed Gulf for-hire reporting requirements, the owner or 
operator would need to purchase a VMS unit that is approved for both 
commercial reef fish and for-hire vessels or purchase a GPS unit that 
meets the proposed Gulf for-hire reporting requirements. As stated 
earlier, NMFS would post approved hardware and software on the NMFS 
Southeast Region website upon publication of any final rule to 
implement the proposed Gulf electronic reporting program. NMFS expects 
to choose an effective date for any final rule that would allow time 
for affected fishery participants to purchase and install approved 
hardware and software.
    This proposed rule would have similar requirements for powering 
down the GPS or VMS unit as currently exists for commercial vessels. 
The current VMS regulations allow for an owner or operator of a 
commercial vessel to discontinue the use of a VMS unit for a specific 
period, provided they obtain a VMS power-down exemption letter from 
NOAA's Southeast Office of Law Enforcement (50 CFR 622.28). To obtain 
this exemption letter for powering down a GPS unit, the permit holder 
must fill out the appropriate information on the GPS power down 
exemption request form, and submit the form by mail or fax to NMFS. 
NMFS is currently developing an electronic method to submit the GPS 
power down exemption request form that would need to be completed and 
approved by NMFS prior to turning off the vessel's GPS unit. NMFS 
expects this electronic method to be available by the effective date of 
any final rule. NMFS estimates a GPS or VMS power-down exemption 
request would require an average of 5 minutes to complete per 
occurrence.

Trip Notification

    This proposed rule would require an owner or operator of a 
federally permitted charter vessel or headboat to submit a trip 
notification to NMFS before departing for any trip. The trip 
notification would indicate whether the vessel is departing on a for-
hire trip or another type of trip, such as a commercial trip. If the 
vessel will be departing on a for-hire trip, the owner or operator must 
also report the expected trip completion date, time, and landing 
location. The Gulf Council determined that a trip notification would 
improve effort estimation for charter vessels and headboats, and 
improve the ability of port agents and law enforcement to meet a vessel 
at end of a trip for biological sampling and landings validation. This 
validation

[[Page 54072]]

would improve the data being collected. The trip notification would be 
accomplished using a NMFS-approved device, such as the GPS or VMS unit, 
or by other electronic reporting hardware. Public reporting burden to 
complete the proposed trip notification requirement is estimated to 
average 2 minutes per trip.

Other Electronic Reporting Programs

    In April 2018, NMFS published a proposed rule in the Federal 
Register to implement electronic reporting requirements contained in 
the South Atlantic For-Hire Reporting Amendment applicable to the for-
hire component of recreational fisheries in the South Atlantic 
Council's jurisdiction (83 FR 14400, April 4, 2018). NMFS approved the 
South Atlantic For-Hire Reporting Amendment on June 11, 2018. Under the 
South Atlantic reporting program, an owner or operator of a for-hire 
vessel issued a Federal charter vessel/headboat permit for species 
managed under the FMPs for CMP (in the Atlantic), Atlantic Dolphin and 
Wahoo, or South Atlantic Snapper-Grouper, and is operating as a for-
hire vessel, would have to submit an electronic fishing report using 
NMFS-approved hardware and software on a weekly basis. However, the 
South Atlantic Council's intent is to prevent multiple reporting by 
allowing the owner or operator of a vessel with numerous Federal for-
hire permits to fulfill the South Atlantic requirements by submitting 
reports under other programs, if those reporting requirements are more 
stringent. Therefore, an owner or operator of a for-hire vessel with a 
Federal charter vessel/headboat permit for an applicable fishery 
managed by the South Atlantic Council, who would be required to report 
under the proposed Gulf electronic reporting system, would not also 
need to report under the South Atlantic's program.

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 Gulf 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.
    NMFS prepared an initial regulatory flexibility analysis (IRFA) for 
this proposed rule, as required by section 603 of the RFA (5 U.S.C. 
603). The IRFA describes the economic impact this proposed rule, if 
adopted, would have on small entities. A description of the action, why 
it is being considered, the objectives of, and legal basis for this 
action are contained at the beginning of this section in the preamble 
and in the SUMMARY section of the preamble. A copy of the full analysis 
is available from NMFS (see ADDRESSES). A summary of the IRFA follows.
    The Magnuson-Stevens Act provides the statutory basis for this 
proposed rule. No duplicative, overlapping, or conflicting Federal 
rules have been identified.
    This proposed rule would apply to all vessels with a Federal 
charter vessel/headboat permit for Gulf reef fish or Gulf CMP species. 
In 2017, there were 1,376 vessels with at least one valid (non-expired) 
or renewable Federal charter vessel/headboat permit for Gulf reef fish 
or Gulf CMP species, including historical captain permits. These Gulf 
charter vessel/headboat permits are limited access permits. More than 
one type of Federal charter vessel/headboat permit has been issued to 
most for-hire vessels. Among the 1,376 vessels with at least one Gulf 
charter vessel/headboat permit, in 2017, 1,259 for-hire vessels had 
Federal permits for both Gulf reef fish and Gulf CMP species, 52 had 
only a Gulf reef fish permit, and 65 had only a Gulf CMP permit. 
Additionally, 172 of these vessels had a Gulf commercial reef fish 
permit. Finally, 377 of the vessels with at least one Gulf charter 
vessel/headboat permit had at least one charter vessel/headboat permit 
for Atlantic CMP species, Atlantic dolphin and wahoo, or South Atlantic 
snapper-grouper species.
    Although the charter vessel/headboat permit application for Gulf 
reef fish or Gulf CMP species collects information on the primary 
method of operation, the permit itself does not identify the permitted 
vessel as either a charter vessel or a headboat, and vessels may 
operate in both capacities on different trips. However, if a for-hire 
vessel meets the selection criteria used by the SRHS and is selected to 
report by the SRD of the SEFSC, it is considered to operate primarily 
as a headboat and is required to submit catch and effort information to 
the SRHS. As of February 2017, there were 73 Gulf headboats that 
participate in the SRHS. As a result, the estimated 1,376 for-hire 
vessels that may be affected by this proposed rule are expected to 
consist of approximately 1,303 charter vessels and 73 headboats. The 
average charter vessel operating in the Gulf is estimated to receive 
approximately $86,000 (2017 dollars) in annual revenue. The average 
headboat is estimated to receive approximately $261,000 (2017 dollars) 
in annual revenue.
    The Small Business Association 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 or headboat to submit an electronic 
fishing report to NMFS for each trip via NMFS-approved hardware and 
software, prior to offloading fish from the vessel. NMFS does not 
expect the submission of an electronic fishing report to require 
special professional skills. The use of computers, the internet, 
smartphones, or other forms of electronic connections and communication 
is commonplace in the business environment. All headboat operators have 
been required to submit electronic reports since January 2014 and are 
expected to be proficient with electronic reporting. As a result, NMFS 
expects all affected headboat businesses to already have staff with the 
appropriate skills to meet the proposed change in the timing of report 
submissions. However, charter vessel operators have not been subject to 
mandatory electronic reporting of fishing activity and, therefore, may 
lack experience reporting such, beyond the collection and compilation 
of similar information for their own business management purposes. As a 
result, although NMFS does not expect the information required to be 
reported to be complex or substantially beyond that necessary to meet 
the record-keeping needs of normal fishing business operational 
purposes, these operators may need some time to become proficient in 
the reporting requirements. The hiring of new employees with 
specialized skills, however, should not be necessary.
    While no conflicting Federal rules have been identified, an 
estimated 377 vessels have Federal permits to harvest species managed 
by both the Gulf Council and the South Atlantic Council. Among these 
377 vessels, approximately

[[Page 54073]]

138 primarily operate as headboats. NMFS has published a proposed rule 
to require electronic reporting for owners and operators of federally 
permitted charter vessels in the South Atlantic and modify the 
reporting deadline for owners and operators of headboats. In order to 
reduce multiple reporting, the South Atlantic Council would accept, as 
fulfillment of the requirements of their proposed reporting program, 
reports submitted under other programs, if the reporting requirements 
in those 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. Because NMFS expects the reporting 
requirements under this proposed rule to meet these criteria, an owner 
or operator of a for-hire vessel that has both Gulf and South Atlantic 
charter vessel/headboat permits and that is required to submit 
electronic reports under this proposed rule would not be required to 
also report under the South Atlantic Council's proposed for-hire 
electronic reporting program. However, owners or operators of for-hire 
vessels that possess a Gulf reef fish or Gulf CMP permit may also 
possess one or more Federal for-hire permits to harvest species managed 
by other regional fishery management councils. It is unknown how many 
vessels currently fit this description; however, the number is expected 
to be small. A vessel with Federal for-hire permits in other regions 
would also have to comply with any applicable reporting requirements 
under those permits.
    NMFS expects this proposed rule, if implemented, to directly affect 
an estimated 1,376 for-hire vessels that possess a Federal permit 
necessary to fish for Gulf reef fish or Gulf CMP species. Because all 
entities expected to be affected by this proposed rule are small 
entities, NMFS has determined that this proposed rule would affect a 
substantial number of small entities. Moreover, the issue of 
disproportionate effects on small versus large entities does not arise 
in the present case.
    This proposed rule would require that the owner or operator of a 
charter vessel or headboat for which a charter vessel/headboat permit 
for Gulf reef fish or Gulf CMP species has been issued to submit 
fishing reports to NMFS for each trip via electronic reporting. These 
submissions would need to be made prior to offloading fish using NMFS-
approved hardware and software. If no fish are retained on a for-hire 
trip, the report would have to be submitted within 30 minutes of 
arriving at the dock, following the conclusion of the trip. Because the 
majority of charter and headboat trips are half-day trips, this 
proposed rule could require multiple submissions in a single day. 
Electronic reporting is estimated to take approximately 10 minutes per 
trip, which is the time burden that is approximately equivalent to that 
of the current headboat reporting requirements. However, the proposed 
rule would provide less flexibility to headboats in terms of how and 
when to allocate labor resources for reporting. NMFS expects that the 
time and labor associated with filing these reports would be borne by 
existing vessel personnel and would not represent the need for 
additional staff. However, it would necessitate that vessel personnel, 
as opposed to onshore support staff, complete the reports. There would 
be an opportunity cost associated with redirecting effort from normal 
trip operations to the report submission process. Reports could be 
completed during transit back to port or within normal business 
activities, once the vessel is tied up to the dock. NMFS expects that 
each business would adopt the strategy most efficient to its staffing 
and operational characteristics, thus minimizing any resultant implicit 
or explicit costs. These costs cannot be estimated with available data.
    Because electronic reporting has been a requirement for headboat 
owners and operators for the past 3 years, the labor and costs 
associated with reporting have been internalized within each headboat 
business. For charter vessel owners, if treated as a new and distinct 
explicit labor cost, the annual reporting burden is estimated to cost 
approximately $340,000 to $1.73 million (2017 dollars) in total, or 
$244 to $1,259 per vessel on average. These are upper bound cost 
estimates and would be equivalent to 1.5 percent or less of average 
annual charter vessel revenue. However, as previously stated, the 
reporting burden would likely be absorbed by existing vessel personnel, 
and therefore, labor costs would likely be less. Some of the effort to 
complete the proposed electronic fishing reports may be redirected from 
current operational activities, such as normal trip record-keeping that 
a vessel completes for standard business purposes. The information that 
would be required under electronic reporting would be accessible to the 
reporting vessel and, therefore, would satisfy reporting obligations 
and support business operations. In effect, the electronic reporting 
system may serve as the record repository for this component 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 services for-
hire vessels sell require reasonable levels of fishing success. Thus, 
records of what species a vessel catches, where they are caught, the 
time of the year they are caught, and how these change over time are 
vital to managing a successful business. As a result, the information 
that is expected to be required under the proposed electronic reporting 
should be substantially duplicative of information already recorded by 
these businesses and should augment their ability to monitor and adjust 
their fishing practices, supporting more successful operations.
    Additionally, this proposed rule would require that, prior to 
departing for any trip, the owner or operator of a vessel issued a 
charter vessel/headboat permit for Gulf reef fish or Gulf CMP species 
to notify NMFS, report the vessel identification number, and declare 
the type of trip (e.g., for-hire or other trip). When departing on a 
for-hire trip they would also need to report the expected return time, 
date, and landing location. NMFS expects that the technology cost to 
for-hire businesses associated with the trip notification system would 
be minimal. For the sake of comparison, the trip notification system 
designed by NMFS for commercial Gulf Reef Fish permit holders allows 
for low cost submission of trip notification reports, either utilizing 
a toll-free number or existing vessel monitoring system (VMS) 
equipment. Although the trip notification requirement would be an 
additional burden on for-hire vessel operators' time, the opportunity 
cost of complying with such would be expected to be low, because of the 
limited amount of information that would need to be submitted to NMFS. 
NMFS estimates that a trip notification would require 2 minutes to 
complete.
    Finally, the proposed rule would require that these vessel owners 
or operators use NMFS-approved hardware and software with GPS 
capabilities that, at a minimum, archive vessel position data during a 
trip for subsequent transmission to NMFS. NMFS estimates that if it is 
necessary to submit separate trip and location reports, estimated at 10 
and 2 minutes, respectively, due to hardware or software configurations 
on a vessel, the time burden could be up to 12 minutes per trip. The 
GPS portion of the hardware would need to be permanently affixed to the 
vessel and have uninterrupted power, unless the owner or operator 
applies for and is granted a power-down exemption.
    In addition to the total burden on vessel operators' time, 
estimated at up

[[Page 54074]]

to 14 minutes per trip, as discussed earlier, examples of costs borne 
by the for-hire fleet may include the purchase and installation costs 
of the approved hardware units and associated service charges. Cost 
estimates to the for-hire industry were generated for several general 
options including a tablet-based system, a handheld GPS, and a 
smartphone-based system, where the smartphone is hardwired to a 
vessel's GPS. If a vessel does not already have an approved type of 
hardware, the estimated startup costs for each affected vessel under 
the options listed above would range from $150 to $450 in the year of 
implementation. These costs would be equivalent to less than 1 percent 
of average annual charter vessel or headboat revenue. The recurring 
annual cost in subsequent years was estimated to be approximately $20 
per vessel. These estimates assume that for-hire vessels already have a 
basic data plan through a wireless service provider. Some vessels may 
be more or less affected than others by the proposed rule depending on 
their existing technology assets and data service plans at the time of 
implementation, as well as the availability of wireless service 
coverage at their port of landing. For the affected vessels that 
currently do not have any wireless carrier contract, the estimated 
additional cost for an unlimited data plan would range from 
approximately $60 to $100 per month. This is an upper bound estimate 
based on advertised rates from four major wireless service providers in 
2017 and cheaper plans would likely be available. Because details of 
the NMFS-approved hardware and software have not yet been determined, 
all cost estimates provided here are subject to change and could go up 
or down based on the technology that NMFS ultimately approves and the 
data that are required to be reported.
    The following discussion describes the alternatives that were not 
selected as preferred by the Gulf Council.
    Four alternatives were considered for the action to modify the 
frequency and mechanism of data reporting for charter vessels. The 
first alternative, the no-action alternative, would retain current 
reporting requirements for federally permitted charter vessels. This 
would not be expected to alter for-hire business costs relative to the 
status quo, so no direct economic effects to small entities would be 
expected to occur. This alternative was not selected by the Gulf 
Council because it would forgo important biological, economic, and 
social benefits from improved management as afforded by more timely and 
accurate estimates of effort, landings, and discards.
    The second alternative would require that the owner or operator of 
a charter vessel for which a charter vessel/headboat permit for Gulf 
reef fish or Gulf CMP species has been issued to submit fishing reports 
to the SRD weekly, or at intervals shorter than a week if notified by 
the SRD, via electronic reporting using NMFS-approved hardware and 
software. Under this alternative, reports would need to be filed by 
Tuesday following each reporting week. Although this alternative could 
result in additional implicit or explicit costs to affected vessels 
relative to the status quo, it would be less burdensome than this 
proposed rule, because charter vessels would have a longer period of 
time to report and more flexibility in terms of when and how to report. 
This alternative would be less likely than the proposed rule to 
interfere with normal operations during charter trips and would allow 
for onshore support staff assistance, as well potentially cheaper data 
transmission methods (e.g., via a personal computer or laptop connected 
to the internet). This alternative was not selected by the Gulf Council 
because it would result in less timely data, as well as potentially 
less accurate data, due to a lack of dockside validation and greater 
potential for recall bias.
    The third alternative would require that the owner or operator of a 
charter vessel for which a charter vessel/headboat permit for Gulf reef 
fish or Gulf CMP species has been issued to submit fishing reports to 
the SRD daily via electronic reporting using NMFS-approved hardware and 
software. Under this alternative, reports would need to be filed by 
noon (local time) of the following day. The costs of this alternative 
to affected small entities, in terms of magnitude, would likely fall 
between those of the second alternative and those of this proposed 
rule. There would be less flexibility than under the second alternative 
in terms of when reports are filed; however, it would still be possible 
to utilize onshore support staff and technology resources to meet the 
requirements. Even though the data would be timelier under daily 
reporting than weekly reporting, and recall bias would likely be lower, 
the Gulf Council did not select this alternative because the lack of 
dockside validation would still be a major drawback in ensuring high 
quality and accurate data.
    Four alternatives were considered for the action to modify the 
frequency and mechanism of data reporting for headboats. The first 
alternative, the no-action alternative, would retain current reporting 
requirements for federally permitted headboats. This would not be 
expected to alter for-hire business costs relative to the status quo, 
so no direct economic effects to small entities would be expected to 
occur. This alternative was not selected by the Gulf Council because it 
would forgo important biological, economic, and social benefits from 
improved management as afforded by more timely and accurate estimates 
of effort, landings, and discards.
    The second alternative would require that the owner or operator of 
a headboat for which a charter vessel/headboat permit for Gulf reef 
fish or Gulf CMP species has been issued submit fishing reports to the 
SRD weekly, or at intervals shorter than a week if notified by the SRD, 
via electronic reporting using NMFS-approved hardware and software. 
Under this alternative, reports would need to be filed by Tuesday 
following each reporting week, which is 5 days sooner than under the 
status quo. Although this alternative could result in additional 
implicit or explicit costs to affected vessels relative to the status 
quo, it would be less burdensome than this proposed rule, because 
headboats would have a longer period of time to report and more 
flexibility in terms of when and how to report. This alternative would 
be less likely to interfere with normal operations during headboat 
trips and would allow for onshore support staff assistance, as well 
potentially cheaper data transmission methods (e.g., via a personal 
computer or laptop connected to the internet). This alternative was not 
selected by the Council because it would result in less timely data, as 
well as potentially less accurate data, due to a lack of dockside 
validation and greater potential for recall bias.
    The third alternative would require that the owner or operator of a 
headboat for which a charter vessel/headboat permit for Gulf reef fish 
or Gulf CMP species has been issued submit fishing reports to the SRD 
daily via electronic reporting using NMFS-approved hardware and 
software. Under this alternative, reports would need to be filed by 
noon (local time) of the following day. The costs of this alternative 
to affected small entities, in terms of magnitude, would likely fall 
between those of the second alternative and those of this proposed 
rule. There would be less flexibility than under the second alternative 
in terms of when reports are filed; however, it would still be possible 
to utilize onshore support staff and technology resources to meet the 
requirements. Even though the data would be timelier under daily 
reporting than weekly reporting and recall bias

[[Page 54075]]

would likely be lower, the Council did not select this alternative 
because the lack of dockside validation would still be a major drawback 
in ensuring high quality and accurate data.
    Three alternatives were considered for the action to implement trip 
notification requirements for federally permitted charter vessels and 
headboats. The first alternative, the no-action alternative, would 
maintain current reporting requirements for for-hire vessels and would 
not require trip declarations or landing notifications. Therefore, it 
would not be expected to result in any direct economic effects on any 
small entities. The Gulf Council did not select the first alternative 
because it would not satisfy the data needs required for dockside 
validation and would not aid in enforcement. The second alternative and 
two options were selected as preferred, and would require that both 
federally permitted charter vessels and headboats submit trip 
declarations to NMFS prior to departing on any trip. The third 
alternative would require that prior to arriving at the dock at the end 
of each for-hire trip, the owner or operator of a vessel for which a 
Federal charter vessel/headboat permit for Gulf reef fish or Gulf CMP 
species has been issued to provide a landing notification and submit 
fishing reports via NMFS-approved hardware and software. The third 
alternative contained two options. The first and second options would 
require federally permitted charter vessels and headboats, 
respectively, to comply with the landing notification requirement. The 
Gulf Council did not select the third alternative because requiring 
vessels to provide a landing notification and submit fishing reports 
prior to arriving at the dock is not necessary with the preferred 
reporting alternatives, which require fishing reports be submitted at 
the end of each trip.
    Four alternatives were considered for the action to implement 
hardware and software requirements for reporting. The first 
alternative, the no-action alternative, would not change current 
reporting requirements for for-hire vessels. Therefore, it would not be 
expected to result in any direct economic effects on any small 
entities. This alternative was not selected by the Gulf Council because 
there is currently no reporting platform for charter vessels, and 
therefore, no means by which charter vessels would be able to submit 
electronic reports. Additionally, this alternative would not allow for 
the same level of trip validation, because it would not require GPS 
unit hardware to be permanently affixed to the vessel.
    The second alternative and two options were selected as preferred 
and would require charter vessel and headboat owners or operators to 
submit fishing reports via NMFS-approved hardware and software. Under 
this preferred alternative and options, a for-hire vessel owner or 
operator would also be required to use NMFS-approved hardware and 
software with GPS capabilities that, at a minimum, archive vessel 
position data during a trip. The GPS portion of the hardware would need 
to be permanently affixed to the vessel.
    The third alternative would require for-hire vessel owners or 
operators to submit fishing reports via NMFS-approved hardware and 
software with GPS capabilities that, at a minimum, provide real-time 
vessel position data to NMFS. The GPS portion of the hardware would 
need to be permanently affixed to the vessel. The third alternative 
contained two options. The first and second options would require 
federally permitted charter vessels and headboats, respectively, to 
comply with the hardware and software requirements of the third 
alternative. The estimated startup costs for each affected for-hire 
vessel under the third alternative and two options would total 
approximately $300 in the year of implementation, which falls within 
the estimated startup cost range for this proposed rule. The recurring 
annual service cost associated with the transmission of real-time 
location data in subsequent years would be approximately $200 per 
vessel, which is greater than the recurring cost associated with this 
proposed rule. As discussed earlier, these estimates assume for-hire 
vessels have existing wireless service contracts and sufficient data 
plans for submitting electronic fishing reports to NMFS. If that is not 
the case, for-hire vessels may incur additional expenses in the range 
of $60 to $100 per month. The third alternative was not selected by the 
Gulf Council because of the higher estimated recurring costs to 
industry.
    The fourth alternative would require for-hire vessel owners or 
operators to submit fishing reports via NMFS-approved hardware and 
software that provide vessel position data to NMFS via VMS. The antenna 
and junction box would need to be permanently affixed to the vessel. 
The fourth alternative contained two options. The first and second 
options would require federally permitted charter vessels and 
headboats, respectively, to comply with the hardware and software 
requirements of the fourth alternative. The estimated startup costs for 
each affected vessel to purchase, install, and operate a VMS unit would 
range from $2,500 to $4,400 in the year of implementation. This would 
be equivalent to approximately 3 to 5 percent of average annual charter 
vessel revenue and 1 to 2 percent of average annual headboat revenue. 
The recurring annual cost associated with maintaining and operating VMS 
hardware and software in subsequent years was estimated to be 
approximately $750 per vessel. The fourth alternative was not selected 
by the Council, because the estimated startup and recurring costs to 
the industry were much higher than those of the preferred alternative.
    This proposed rule contains collection-of-information requirements 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). These proposed 
requirements have been submitted to OMB for approval. NMFS is proposing 
to revise the collection-of-information requirements under OMB Control 
Number 0648-0016, Southeast Region Logbook Family of Forms. The 
proposed rule would require owners or operators of vessels with Federal 
charter vessel/headboat permits for Gulf reef fish or Gulf CMP species, 
and when operating as such, to submit an electronic fishing report to 
NMFS for each trip via NMFS-approved hardware and software, prior to 
offloading fish from the vessel. Public reporting burden for the 
proposed requirements are estimated to average 2 minutes to complete 
the trip notification, 10 minutes per electronic fishing report, and, 
if separate from the fishing report, 2 minutes to report location 
information. NMFS estimates a GPS or VMS power-down exemption request 
would require an average of 5 minutes to complete per occurrence. These 
estimates include 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

[[Page 54076]]

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, Fisheries, Fishing, Gulf of 
Mexico, Headboat, King mackerel, Recordkeeping and reporting, Reef 
fish, South Atlantic, Spanish mackerel.

    Dated: October 22, 2018.
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 
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.  622.20, revise paragraph (b)(1)(ii)(A)(2) to read as 
follows:


Sec.  622.20  Permits and endorsements.

* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (A) * * *
    (2) Charter vessel and headboat recordkeeping and reporting 
requirements specified in Sec.  622.26(b);
* * * * *
0
3. In Sec.  622.26, revise paragraph (b) to read as follows:


Sec.  622.26   Recordkeeping and reporting.

* * * * *
    (b) Charter vessel/headboat owners and operators--(1) General 
reporting requirement--The owner or operator of a charter vessel or 
headboat for which a charter vessel/headboat permit for Gulf reef fish 
has been issued, as required under Sec.  622.20(b), and whose vessel is 
operating as a charter vessel or headboat, regardless of fishing 
location, must submit an electronic fishing report of all fish 
harvested and discarded, and any other information requested by the SRD 
for each trip 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. Completed electronic fishing reports 
required by paragraph (b)(1) of this section must be submitted to the 
SRD prior to removing any fish from the vessel. If no fish were 
retained by any person on the vessel during a trip, the completed 
electronic fishing report must be submitted to the SRD within 30 
minutes of the completion of the trip, e.g., arrival at the dock.
    (3) Catastrophic conditions. During catastrophic conditions only, 
NMFS provides for use of paper forms for basic required functions as a 
backup to the electronic reports required by paragraph (b) 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 
paragraph (b)(1) 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 Gulf reef fish has been 
issued being prohibited from harvesting or possessing such species, 
regardless of any additional notification to the delinquent owner and 
operator by NMFS. The owner and operator who are prohibited from 
harvesting or possessing such species due to delinquent reports are 
authorized to harvest or possess such species only after all required 
and delinquent reports have been submitted and received by NMFS 
according to the reporting requirements under this section.
    (5) Hardware and software requirements for electronic reporting. 
The owner or operator of a vessel for which a charter vessel/headboat 
permit for Gulf reef fish has been issued must submit electronic 
reports using NMFS-approved hardware and software with a minimum 
capability of archiving GPS locations. The GPS portion of the hardware 
must be permanently affixed to the vessel and have uninterrupted 
operation.
    (i) Use of a NMFS-approved VMS. An owner or operator of a vessel 
for which a charter vessel/headboat permit for Gulf reef fish has been 
issued, and who uses a NMFS-approved VMS to comply with the reporting 
and recordkeeping requirements of this section, must adhere to the VMS 
requirements specified in Sec.  622.28, except for the trip 
notification requirements specified in Sec.  622.28(e). For trip 
notification requirements, see paragraph (b)(6) of this section.
    (ii) Use of other NMFS-approved hardware and software. An owner or 
operator of a vessel for which a charter vessel/headboat permit for 
Gulf reef fish has been issued, and who uses NMFS-approved hardware and 
software other than a VMS to comply with the reporting and 
recordkeeping requirements of this section must comply with the 
following--
    (A) Ensure that such vessel has an operating GPS unit approved by 
NMFS on board at all times whether or not the vessel is underway, 
unless exempted by NMFS under the power-down exemptions specified in 
paragraph (b)(5)(iii)(D) of this section. An operating GPS unit 
includes an operating mobile transmitting unit on the vessel and a 
functioning communication link between the unit and NMFS as provided by 
a NMFS-approved communication service provider. NMFS maintains a 
current list of approved GPS units and communication providers, which 
is available at https://www.fisheries.noaa.gov/southeast/about-us/sustainable-fisheries-division-gulf-mexico-branch. If NMFS removes a 
GPS unit from the approved list, a vessel owner who purchased and 
installed such a GPS unit prior to its removal from the approved list 
will still comply with the requirement to have an approved unit, unless 
otherwise notified by NMFS. At the end of a GPS unit's service life, it 
must be replaced with a currently approved unit.
    (B) Hourly position reporting requirement. An owner or operator of 
a vessel using a NMFS-approved GPS unit as specified in paragraph 
(b)(5)(iii)(A) of this section must ensure that the required GPS unit 
archives the vessel's accurate position at least once per hour, 24 
hours a day, every day of the year,

[[Page 54077]]

unless exempted from this requirement under paragraphs (b)(5)(iii)(C) 
or (D) of this section.
    (C) In-port exemption. While in port, an owner or operator of a 
vessel with a type-approved GPS unit configured with the 4-hour 
position reporting feature may utilize the 4-hour reporting feature 
rather than comply with the hourly position reporting requirement 
specified in paragraph (b)(5)(iii)(B) of this section. Once the vessel 
is no longer in port, the hourly position reporting requirement 
specified in paragraph (b)(5)(ii)(B) of this section applies. For the 
purposes of this section, ``in port'' means secured at a land-based 
facility, or moored or anchored after the return to a dock, berth, 
beach, seawall, or ramp.
    (D) Power-down exemptions. An owner or operator of a vessel subject 
to the requirement to have a GPS unit operating at all times as 
specified in paragraph (b)(5)(ii)(A) of this section can be exempted 
from that requirement and may power down the required GPS unit if--
    (1) The vessel will be continuously out of the water or in port, as 
defined in paragraph (b)(5)(ii)(C) of this section, for more than 72 
consecutive hours;
    (2) The owner or operator of the vessel applies for and obtains a 
valid letter of exemption from NMFS. The letter of exemption must be 
maintained on board the vessel and remains valid for the period 
specified in the letter for all subsequent power-down requests 
conducted for the vessel consistent with the provisions of paragraphs 
(b)(5)(ii)(D)(3) and (4) of this section.
    (3) Prior to each power down, the owner or operator of the vessel 
files a report using a NMFS-approved form that includes the name of the 
person filing the report, vessel name, U.S. Coast Guard vessel 
documentation number or state vessel registration number, charter 
vessel/headboat reef fish permit number, vessel port location during 
GPS power down, estimated duration of the power-down exemption, and 
reason for power down; and
    (4) Prior to powering down the GPS unit, the owner or operator of 
the vessel receives a confirmation from NMFS that the information was 
successfully delivered.
    (E) Installation and activation of a GPS unit. Only a GPS unit that 
has been approved by NMFS for the Gulf reef fish fishery may be used, 
and the GPS unit must be installed by a qualified marine electrician. 
When installing and activating or when reinstalling and reactivating 
the NMFS-approved GPS unit, the vessel owner or operator must--
    (1) Follow procedures indicated on the GPS installation and 
activation form, which is available from NMFS; and
    (2) Submit a completed and signed GPS installation and activation 
form to NMFS as specified on the form.
    (F) Interference with the GPS. No person may interfere with, tamper 
with, alter, damage, disable, or impede the operation of the GPS, or 
attempt any of the same.
    (G) Interruption of operation of the GPS. When a vessel's GPS is 
not operating properly or if notified by NMFS that a vessel's GPS is 
not operating properly, the vessel owner or operator must immediately 
contact NMFS and follow NMFS' instructions. In either event, such 
instructions may include, but are not limited to, manually 
communicating to a location designated by NMFS the vessel's positions, 
or returning to port until the GPS is operable.
    (iii) Access to position data. As a condition of authorized fishing 
for or possession of Gulf reef fish subject to the reporting and 
recordkeeping requirements in this section, a vessel owner or operator 
subject to the hardware and software requirements in this section must 
allow NMFS, the U.S. Coast Guard, and their authorized officers and 
designees access to the vessel's position data obtained from the VMS or 
GPS.
    (6) Trip notification requirements. Prior to departure for each 
trip, the owner or operator of a vessel for which a charter vessel/
headboat permit for Gulf reef fish has been issued must notify NMFS and 
report the type of trip, the U.S. Coast Guard vessel documentation 
number or state vessel registration number, and whether the vessel will 
be operating as a charter vessel or headboat, or is departing on 
another type of trip, such as a commercial trip. If the vessel will be 
operating as a charter vessel or headboat during the trip, the owner or 
operator must also report the expected trip completion date, time, and 
landing location.
* * * * *
0
4. In Sec.  622.373, revise paragraph (c)(1) to read as follows:


Sec.  622.373   Limited access system for charter vessel/headboat 
permits for Gulf coastal migratory pelagic fish.

* * * * *
    (c) * * * (1) Renewal of a charter vessel/headboat permit for Gulf 
coastal migratory pelagic fish is contingent upon compliance with the 
recordkeeping and reporting requirements specified in Sec.  622.374(b).
* * * * *
0
5. 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. The owner or operator of a 
charter vessel or headboat for which a charter vessel/headboat permit 
for Gulf coastal migratory pelagic fish has been issued, as required 
under Sec.  622.370(b)(1), and whose vessel is operating as a charter 
vessel or headboat, regardless of fishing location, must submit an 
electronic fishing report of all fish harvested and discarded, and any 
other information requested by the SRD for each trip within the time 
period specified in paragraph (b)(2)(i) of this section. An 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) Atlantic 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), or 
whose vessel fishes for or lands Atlantic coastal migratory pelagic 
fish in or from state waters adjoining the South Atlantic or Mid-
Atlantic EEZ, who is selected to report by the SRD must submit an 
electronic fishing record for each trip of all fish harvested within 
the time period specified in paragraph (b)(2)(ii) of this section, via 
the Southeast Region Headboat Survey.
    (2) Reporting deadlines--(i) Gulf of Mexico. Completed electronic 
fishing reports required by paragraph (b)(1)(i) of this section must be 
submitted to the SRD prior to removing any fish from the vessel. If no 
fish were retained by any person on the vessel during a trip, the 
completed electronic fishing report must be submitted to the SRD within 
30 minutes of the completion of the trip, e.g., arrival at the dock.
    (ii) Atlantic headboats. Electronic fishing records required by 
paragraph (b)(1)(ii) of this section for headboats must be submitted at 
weekly intervals (or intervals shorter than a week if notified by the 
SRD) by 11:59 p.m., local time, the Sunday following a reporting week. 
If no fishing activity occurred during a reporting week, an electronic 
report so stating must be submitted for that reporting week by 11:59 
p.m., local time, the Sunday following a reporting week.

[[Page 54078]]

    (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. 
(i) An owner or operator of a vessel for which a charter vessel/
headboat permit for Gulf or Atlantic coastal migratory pelagic fish has 
been issued must submit electronic reports using NMFS-approved hardware 
and software.
    (ii) For a vessel for which a charter vessel/headboat permit for 
Gulf coastal migratory pelagic fish has been issued, the NMFS-approved 
hardware and software must have a minimum capability of archiving GPS 
locations, and the GPS portion of the hardware must be permanently 
affixed to the vessel and have uninterrupted operation.
    (iii) Use of a NMFS-approved VMS. An owner or operator of a vessel 
for which a charter vessel/headboat permit for Gulf coastal migratory 
pelagic fish has been issued, and who uses a NMFS-approved VMS to 
comply with the reporting and recordkeeping requirements of this 
section, must adhere to the VMS requirements for the Gulf reef fish 
fishery specified in Sec.  622.28 of this part, except for the trip 
notification requirements specified in Sec.  622.28(e) of this part. 
For trip notification requirements, see paragraph (b)(6) of this 
section.
    (iv) Use of other NMFS-approved hardware and software. An owner or 
operator of a vessel for which a charter vessel/headboat permit for 
Gulf coastal migratory pelagic fish has been issued, and who uses NMFS-
approved hardware and software other than a VMS to comply with 
reporting and recordkeeping requirements of this section must comply 
with the following--
    (A) Ensure that such vessel has an operating GPS unit approved by 
NMFS on board at all times whether or not the vessel is underway, 
unless exempted by NMFS under the power-down exemptions specified in 
paragraph (b)(5)(iv)(D) of this section. An operating GPS unit includes 
an operating mobile transmitting unit on the vessel and a functioning 
communication link between the unit and NMFS as provided by a NMFS-
approved communication service provider. NMFS maintains a current list 
of approved GPS units and communication providers, which is available 
at https://www.fisheries.noaa.gov/southeast/about-us/sustainable-fisheries-division-gulf-mexico-branch. If NMFS removes a GPS unit from 
the approved list, a vessel owner who purchased and installed such a 
GPS unit prior to its removal from the approved list will still comply 
with the requirement to have an approved unit, unless otherwise 
notified by NMFS. At the end of a GPS unit's service life, it must be 
replaced with a currently approved unit.
    (B) Hourly position reporting requirement. An owner or operator of 
a vessel using a NMFS-approved GPS unit as specified in paragraph 
(b)(5)(iv)(A) of this section must ensure that the required GPS unit 
archives the vessel's accurate position at least once per hour, 24 
hours a day, every day of the year, unless exempted from this 
requirement under paragraphs (b)(5)(iv)(C) or (D) of this section.
    (C) In-port exemption. While in port, an owner or operator of a 
vessel with a type-approved GPS unit configured with the 4-hour 
position reporting feature may utilize the 4-hour reporting feature 
rather than comply with the hourly position reporting requirement 
specified in paragraph (b)(5)(iv)(B) of this section. Once the vessel 
is no longer in port, the hourly position reporting requirement 
specified in paragraph (b)(5)(iv)(B) of this section applies. For the 
purposes of this section, ``in port'' means secured at a land-based 
facility, or moored or anchored after the return to a dock, berth, 
beach, seawall, or ramp.
    (D) Power-down exemptions. An owner or operator of a vessel subject 
to the requirement to have a GPS unit operating at all times as 
specified in paragraph (b)(5)(iv)(A) of this section can be exempted 
from that requirement and may power down the required GPS unit if--
    (1) The vessel will be continuously out of the water or in port, as 
defined in paragraph (b)(5)(iv)(C) of this section, for more than 72 
consecutive hours; and
    (2) The owner or operator of the vessel applies for and obtains a 
valid letter of exemption from NMFS. The letter of exemption must be 
maintained on board the vessel and remains valid for the period 
specified in the letter for all subsequent power-down requests 
conducted for the vessel consistent with the provisions of paragraphs 
(b)(5)(iv)(D)(3) and (4) of this section.
    (3) Prior to each power down, the owner or operator of the vessel 
files a report using a NMFS-approved form that includes the name of the 
person filing the report, vessel name, U.S. Coast Guard vessel 
documentation number or state vessel registration number, permit number 
of the Gulf coastal migratory pelagic charter vessel/headboat permit, 
vessel port location during GPS power down, estimated duration of the 
power-down exemption, and reason for power down; and
    (4) Prior to powering down the GPS unit, the owner or operator of 
the vessel receives a confirmation from NMFS that the information was 
successfully delivered.
    (E) Installation and activation of a GPS unit. Only a GPS unit that 
has been approved by NMFS for the Gulf coastal migratory pelagic 
fishery may be used, and the GPS unit must be installed by a qualified 
marine electrician. When installing and activating or when reinstalling 
and reactivating the NMFS-approved GPS unit, the vessel owner or 
operator must--
    (1) Follow procedures indicated on the GPS installation and 
activation form, which is available from NMFS; and

[[Page 54079]]

    (2) Submit a completed and signed GPS installation and activation 
form to NMFS as specified on the form.
    (F) Interference with the GPS. No person may interfere with, tamper 
with, alter, damage, disable, or impede the operation of the GPS, or 
attempt any of the same.
    (G) Interruption of operation of the GPS. When a vessel's GPS is 
not operating properly or if notified by NMFS that a vessel's GPS is 
not operating properly, the vessel owner or operator must immediately 
contact NMFS and follow NMFS' instructions. In either event, such 
instructions may include, but are not limited to, manually 
communicating to a location designated by NMFS the vessel's positions 
or returning to port until the GPS is operable.
    (v) Access to position data. As a condition of authorized fishing 
for or possession of Gulf coastal migratory pelagic fish subject to the 
reporting and recordkeeping requirements in this section, a vessel 
owner or operator subject to the hardware and software requirements in 
this section must allow NMFS, the U.S. Coast Guard, and their 
authorized officers and designees access to the vessel's position data 
obtained from the VMS or GPS.
    (6) Trip notification requirements in the Gulf. Prior to departure 
for each trip, the owner or operator of a vessel for which a charter 
vessel/headboat permit for Gulf coastal migratory pelagic fish has been 
issued must notify NMFS and report the type of trip, the U.S. Coast 
Guard vessel documentation number or state vessel registration number, 
and whether the vessel will be operating as a charter vessel or 
headboat, or is departing on another type of trip, such as a commercial 
trip. If the vessel will be operating as a charter vessel or headboat 
during the trip, the owner or operator must also report the expected 
trip completion date, time, and landing location.
* * * * *
[FR Doc. 2018-23348 Filed 10-25-18; 8:45 am]
 BILLING CODE 3510-22-P