[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Proposed Rules]
[Pages 5186-5189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01429]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 200121-0026]
RIN 0648-BJ38


Fisheries of the Northeastern United States; Implementing 
Permitting and Reporting for Private Recreational Tilefish Vessels

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement permitting and 
reporting measures for private recreational tilefish vessels that were 
approved in Amendment 6 to the Tilefish Fishery Management Plan. These 
measures are being implemented after the other management measures in 
Amendment 6 because of additional time needed for development. The 
intended effect of this action is to notify private recreation tilefish 
vessels of the proposed changes and to solicit public comment on these 
measures.

DATES: Comments must be received on or before February 28, 2020.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2020-005, 
by either of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-005, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Michael Pentony, Regional Administrator, NMFS, 
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, 
Gloucester, MA 01930. Mark the outside of the envelope: ``Comments on 
Permitting and Reporting for Private Recreational Tilefish Anglers.''
    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 part of the 
public record and will generally be posted to www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.), confidential business information, or otherwise 
sensitive information submitted voluntarily by the sender will be 
publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' 
in the required fields if you wish to remain anonymous).
    Copies of Amendment 6, and of the Environmental Assessment (EA), 
are available from the Mid-Atlantic Fishery Management Council, 800 
North State Street, Suite 201, Dover, DE 19901. The EA and Regulatory 
Impact Review are also accessible via the internet at: http://www.mafmc.org/actions/blueline-tilefish.

FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management 
Specialist, 978-281-9225.

SUPPLEMENTARY INFORMATION:

Background

    On November 15, 2017, we announced our approval of all the measures 
proposed by the Mid-Atlantic Fishery Management Council in the 
Amendment 6 to the Tilefish Fishery Management Plan (FMP) final rule 
(82 FR 52851). The final rule implemented most, but not all, of the 
measures in the amendment. The amendment implemented management 
measures and quotas for the previously unregulated blueline tilefish 
fishery in the Mid-Atlantic region and additional information and 
analysis on these measures are provided in the EA (see ADDRESSES). We 
also approved, but did not implement, Mid-Atlantic Council recommended 
measures to better characterize and monitor the recreational fisheries 
for both blueline tilefish and golden tilefish. Angler intercepts for 
these species are rare events and are poorly captured by the Marine 
Recreational Information Program (MRIP). Amendment 6 measures included 
a new Federal permit for private recreational fishing vessels to target 
or retain blueline or golden tilefish, as well as mandatory reporting 
requirements for these vessels. These measures required additional

[[Page 5187]]

time for development, prior to implementation.

Proposed Permitting and Reporting Requirements

    We are proposing regulations to require private recreational 
vessels to obtain a Federal vessel permit to fish for or a retain 
golden or blueline tilefish in the Mid-Atlantic, which are permitting 
and reporting requirements recommended by the Council and approved as 
part of Amendment 6.
    This action does not impact the regulations for party/charter 
vessels and will apply to anglers using a personal vessel, to fish for 
and/or obtain blueline and golden tilefish. Retained fish may only be 
kept for personal consumption and may not be sold or bartered. We would 
issue this permit through an online application on the Greater Atlantic 
Regional Fisheries Office (GARFO) website. GARFO would issue and renew 
private recreational tilefish permits annually. Private recreational 
tilefish vessels would also be required to submit vessel trip reports 
(VTRs) for any trip targeting tilefish through any NMFS-approved 
electronic reporting system. There are several platforms to submit 
electronic reports including SAFIS eTrips, SAFIS eTrips Online, and 
Fish Online. Fish Online is the simplest system and is the preferred 
method to submit reports. Users can create an account by calling (978) 
281-9188 or emailing the GARFO Helpdesk at [email protected]. 
Fish Online can be accessed via a computer, phone, and/or tablet, and 
we intend to conduct outreach and education to minimize burden and 
confusion with filling out the VTRs. Private recreational vessels 
targeting tilefish may keep a paper log to keep records while out at 
sea, to be submitted electronically within 24 hours of returning to 
port. The 24-hour submission requirement is proposed to coincide with 
the requirement for Highly Migratory Species permit holders because we 
expect there to be some overlap between the two groups. We would like 
comments on the suitability of the proposed timeframe for submission of 
the VTRs.

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 Tilefish FMP, other provisions of the Magnuson-
Stevens Act, and other applicable law, subject to further consideration 
after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This proposed rule is not an Executive Order 13771 regulatory 
action, because this rule is not significant under Executive Order 
12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that the measures approved in Amendment 6 to the 
Tilefish FMP, would not have a significant economic impact on a 
substantial number of small entities. Private recreational anglers are 
not considered small entities. As a result, an initial regulatory 
flexibility analysis is not required for this action and none has been 
prepared.
    This proposed rule contains two revisions to existing collection-
of-information requirements subject to review and approval by the 
Office of Management and Budget (OMB) under the Paperwork Reduction Act 
(PRA). NMFS has submitted these requirements to OMB for approval under 
control number 0648-0202 and 0648-0212.
    The public reporting burden for initial private recreational 
tilefish permit applications is estimated to average 45 minutes per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Public 
reporting burden for private recreational tilefish vessel trip reports 
is estimated to average five minutes per response. 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 Greater Atlantic Regional Fisheries Office and by email to 
[email protected], or fax to (202) 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall 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.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 22, 2020.
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 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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

0
2. In Sec.  648.4, add paragraphs (a)(12)(iii) and (c)(2)(i)(A) through 
(B) to read as follows:


Sec.  648.4  Vessel permits.

    (a) * * *
    (12) * * *
    (iii) Private recreational vessel permits. Any private recreational 
vessel must have been issued, under this part, a Federal recreational 
tilefish vessel permit to fish for, possess, or land either golden 
tilefish or blueline tilefish in the Tilefish Management Unit. Such 
vessel must observe the recreational possession limits as specified at 
Sec.  648.296 and the prohibition on sale.
* * * * *
    (c) * * *
    (2) * * *
    (i) * * *
    (A) An application for a private recreational tilefish permit 
issued under this section, in addition to the information specified in 
paragraph (c)(1) of this section, also must contain at least the 
following information, and any other information required by the 
Regional Administrator: Vessel name, owner name or name of the owner's 
authorized representative, mailing address, and telephone number; USCG 
documentation number and a copy of the vessel's current USCG 
documentation or, for a vessel not required to be documented under 
title 46 U.S.C., the vessel's state registration number and a copy of 
the current state registration.
    (B) [Reserved]
* * * * *
0
3. Amend Sec.  648.7 by:
0
a. Revising paragraphs (b)(1)(i) and (iii) and;
0
b. Adding paragraphs (b)(1)(iv) and (f)(2)(iv).
    The revisions and additions read as follows:


Sec.  648.7  Recordkeeping and reporting requirements.

* * * * *
    (b) * * *

[[Page 5188]]

    (1) * * *
    (i) General. Except for vessel owners or operators fishing under a 
surfclam or ocean quahog permit, or fishing under a private 
recreational tilefish permit, the owner or operator of any vessel 
issued a valid permit or eligible to renew a limited access permit 
under this part must:
    (A) Maintain on board the vessel, and submit, an accurate fishing 
log report for each fishing trip, regardless of species fished for or 
taken, on forms supplied by or approved by the Regional Administrator.
    (B) If authorized in writing by the Regional Administrator, a 
vessel owner or operator may submit reports electronically, for example 
by using a VMS or other media.
    (C) At least the following information and any other information 
required by the Regional Administrator must be provided:
    (1) Vessel name;
    (2) USCG documentation number (or state registration number, if 
undocumented);
    (3) Permit number;
    (4) Date/time sailed;
    (5) Date/time landed;
    (6) Trip type;
    (7) Number of crew;
    (8) Number of anglers (if a charter or party boat);
    (9) Gear fished;
    (10) Quantity and size of gear;
    (11) Mesh/ring size;
    (12) Chart area fished;
    (13) Average depth;
    (14) Latitude/longitude (or loran station and bearings);
    (15) Total hauls per area fished;
    (16) Average tow time duration;
    (17) Hail weight, in pounds (or count of individual fish, if a 
party or charter vessel), by species, of all species, or parts of 
species, such as monkfish livers, landed or discarded; and,
    (18) In the case of skate discards, ``small'' (i.e., less than 23 
inches (58.42 cm), total length) or ``large'' (i.e., 23 inches (58.42 
cm) or greater, total length) skates;
    (19) Dealer permit number;
    (20) Dealer name;
    (21) Date sold, port and state landed; and
    (22) Vessel operator's name, signature, and operator's permit 
number (if applicable).
    (ii) * * *
    (iii) Charter/Party vessel permit owners and operators. The owner 
or operator of any fishing vessel that holds a Federal charter/party 
(for-hire) permit to fish for Atlantic bluefish, black sea bass, scup, 
summer flounder, tilefish, Atlantic mackerel, squid, and/or butterfish, 
when on a trip carrying passengers for hire, must submit the required 
Vessel Trip Report by electronic means. This report must be submitted 
through a software application approved by NMFS and must contain all 
applicable information outlined in paragraph (b)(1)(i)(C) of this 
section.
    (iv) Private tilefish recreational vessel owners and operators. The 
owner or operator of any fishing vessel that holds a Federal private 
recreational tilefish permit, must report for each recreational trip 
fishing for or retaining blueline or golden tilefish in the Tilefish 
Management Unit. The required Vessel Trip Report must be submitted by 
electronic means. This report must be submitted through a NMFS approved 
electronic reporting system within 24 hours of the trip returning to 
port. The vessel operator may keep paper records while onboard and 
upload the data after landing. The report must contain the following 
information:
    (A) Vessel name;
    (B) USCG documentation number (or state registration number, if 
undocumented);
    (C) Permit number;
    (D) Date/time sailed;
    (E) Date/time landed;
    (F) Trip type;
    (G) Number of anglers;
    (H) Species
    (I) Gear fished;
    (J) Quantity and size of gear;
    (K) Soak time
    (L) Depth
    (M) Chart Area
    (N) Latitude/longitude where fishing occurred;
    (O) Count of individual golden and blueline tilefish landed or 
discarded; and
    (P) Port and state landed
* * * * *
    (f) * * *
    (2) * * *
    (iv) Private recreational tilefish electronic log reports, required 
by paragraph (b)(1)(iv) of this section, must be submitted within 24 
hours after entering port at the conclusion of a trip.
* * * * *
0
4. In Sec.  648.8 add paragraph (f) to read as follows:


Sec.  648.8  Vessel identification.

* * * * *
    (f) Private Recreational Tilefish Vessels. Vessels issued only a 
Federal private recreational tilefish permit are not subject to the 
requirements of Sec.  648.8, but must comply with any other applicable 
state or Federal vessel identification requirements.
0
5. In Sec.  648.11 revise paragraph (a) to read as follows:


Sec.  648.11  At-sea sea sampler/observer coverage.

    (a) The Regional Administrator may request any vessel holding a 
permit for Atlantic sea scallops, NE multispecies, monkfish, skates, 
Atlantic mackerel, squid, butterfish, scup, black sea bass, bluefish, 
spiny dogfish, Atlantic herring, tilefish, Atlantic surfclam, ocean 
quahog, or Atlantic deep-sea red crab; or a moratorium permit for 
summer flounder; to carry a NMFS-certified fisheries observer. A vessel 
holding a permit for Atlantic sea scallops is subject to the additional 
requirements specific in paragraph (g) of this section. Also, any 
vessel or vessel owner/operator that fishes for, catches or lands 
hagfish, or intends to fish for, catch, or land hagfish in or from the 
exclusive economic zone must carry a NMFS-certified fisheries observer 
when requested by the Regional Administrator in accordance with the 
requirements of this section. The requirements of this section do not 
apply to vessels with only a Federal private recreational tilefish 
permit.
* * * * *
0
6. In Sec.  648.14 add paragraph (u)(1)(iii)(C) and revise paragraph 
(u)(2)(i)(C) to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (u) * * *
    (1) * * *
    (iii) * * *
    (C) Operate a private recreational vessel to fish for, retain, and/
or possess blueline or golden tilefish, in the Tilefish Management 
Unit, without a valid tilefish private recreational permit as required 
in Sec.  648.4(a)(12)(iii).
    (2) * * *
    (i) * * *
    (C) The tilefish were harvested in or from the Tilefish Management 
Unit by a vessel with a Federal private recreational tilefish permit or 
a Federal charter/party tilefish permit.
* * * * *
0
7. In 648.296 revise paragraphs (a)(1) and (b)(1) to read as follows:


Sec.  648.296  Tilefish recreational possession limits and gear 
restrictions.

    (a) * * *
    (1) The recreational tilefish possession limit for charter/party 
and private recreational anglers is eight golden tilefish per angler 
per trip. Any vessel engaged in recreational fishing for golden 
tilefish may not retain golden tilefish, unless issued a valid Federal 
charter/party permit, pursuant to

[[Page 5189]]

648.4(a)(12)(ii), or a valid Federal private recreational tilefish 
permit issued pursuant to 648.4(a)(12)(iv).
* * * * *
    (b) * * *
    (1) Private recreational vessels. Anglers fishing onboard a vessel 
issued a Federal private recreational tilefish permit pursuant to 
648.4(a)(12)(iv), may land up to three blueline tilefish per person per 
trip.
* * * * *
[FR Doc. 2020-01429 Filed 1-28-20; 8:45 am]
BILLING CODE 3510-22-P