[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Rules and Regulations]
[Pages 10331-10341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02964]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200127-0032]
RIN 0648-BG75


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

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

ACTION: Final rule.

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SUMMARY: NMFS implements 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). This final rule 
establishes new, and revises existing, electronic reporting 
requirements for federally permitted charter vessels and headboats 
(for-hire vessels), respectively, in certain Atlantic fisheries. The 
purpose of this final 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: This final rule is effective on September 1, 2020.

ADDRESSES: Electronic copies of the For-hire Reporting Amendment may be 
obtained from www.regulations.gov or the Southeast Regional Office 
website at https://www.fisheries.noaa.gov/southeast/southeast-electronic-reporting-technologies. The For-hire Reporting Amendment 
includes an environmental assessment, regulatory impact review, 
Regulatory Flexibility Act analysis, and fishery impact statement.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to Adam Bailey, NMFS Southeast Regional 
Office, 263 13th Avenue South, St. Petersburg, FL 33701, or to the 
Office of Management and Budget (OMB) by email to 
[email protected] or by fax to 202-395-5806.

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

SUPPLEMENTARY INFORMATION: The For-hire Reporting Amendment amends 3 
fishery management plans, and 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).
    The CMP fishery in the Atlantic region is managed under the CMP 
FMP, an FMP jointly managed 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).
    On March 14, 2018, NMFS published a notice of availability (NOA) 
for the For-hire Reporting Amendment and requested public comment (83 
FR 11164). On April 4, 2018, NMFS published a proposed rule for the 
For-hire Reporting Amendment and requested public comment (83 FR 
14400). On June 12, 2018, the Secretary of Commerce (Secretary) 
approved the For-hire Reporting Amendment under section 304(a)(3) of 
the Magnuson-Stevens Act. The proposed rule and the For-hire Reporting 
Amendment outline the rationale for the actions contained in this final 
rule. A summary of the management measures described in the For-hire 
Reporting Amendment and implemented by this final rule is provided 
below.

Management Measures Contained in This Final Rule

    This final rule establishes weekly electronic reporting for owners 
or operators of federally permitted charter vessels and changes the 
electronic reporting deadline for owners and operators of federally 
permitted headboats in the previously described Atlantic fisheries 
managed by the Gulf Council and South Atlantic Council. Further in this 
preamble, for ease of comprehension an owner or operator of a charter 
vessel with a Federal permit for Atlantic CMP species, Atlantic

[[Page 10332]]

dolphin and wahoo, or South Atlantic snapper-grouper is referred to as 
a ``South Atlantic charter vessel permittee.''

Electronic Reporting by Federally Permitted Charter Vessels

    The South Atlantic Council identified the need for increased data 
collection from federally permitted charter vessels, such as reporting 
landings and discards more frequently, compared to information that the 
Marine Recreational Information Program (MRIP) survey currently 
provides. The South Atlantic Council determined that weekly electronic 
reporting by federally permitted charter vessels will allow data to 
become available for the science and management process more quickly 
while also improving data accuracy. This rule requires a South Atlantic 
charter vessel permittee to submit an electronic fishing report to NMFS 
weekly, or at intervals shorter than a week if notified by NMFS, 
regardless of where they were fishing, or what species were caught or 
harvested. A reporting week is Monday through Sunday, and a weekly 
electronic fishing report is required to be submitted using NMFS-
approved hardware and software by the Tuesday following each reporting 
week, which is 2 days after the end of a reporting week.
    Through this final rule, a South Atlantic charter vessel permittee 
is 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, computer-tablets (hereinafter referred to as 
``tablets''), and smartphones that allow for internet access and are 
capable of operating approved software. Hardware and software that meet 
the NMFS type-approval are posted on the NMFS Southeast Region website 
https://www.fisheries.noaa.gov/southeast/et.
    An electronic fishing report is required from a South Atlantic 
charter vessel permittee regardless of where fishing occurs, e.g., 
state, Federal, or foreign waters, or which species are caught or 
harvested. If a charter vessel is not used to fish during a reporting 
week, submission of a ``no-fishing'' report is required by the Tuesday 
of the following week. As explained in the proposed rule, the NMFS 
Southeast Fisheries Science Center (SEFSC), which operates and manages 
the Southeast Region Headboat Survey (SRHS), allows a headboat owner or 
operator to submit an advance no-fishing report for up to a 30-day 
period if the vessel will not be fishing during that time. The 
electronic reporting program implemented in this rule will also allow a 
South Atlantic charter vessel permittee to submit an advance no-fishing 
report for up to a 30-day period. A South Atlantic charter vessel 
permittee who fishes during the time period specified in a submitted 
no-fishing report, must report such fishing activities as required in 
this final rule.
    The South Atlantic Council's intent is to reduce or eliminate 
duplicative reporting in certain circumstances for a South Atlantic 
charter vessel permittee who also holds a for-hire permit issued for a 
Federal fishery other than those covered in this rule (dually permitted 
fishermen). The South Atlantic Council explained that reports would be 
duplicative if a South Atlantic charter vessel permittee is subject to 
more stringent reporting requirements through another Federal permit, 
and the data reported under those requirements include the core data 
elements also required to be reported under the South Atlantic permits. 
Therefore, a South Atlantic charter vessel permittee who is also 
subject to electronic reporting requirements in other regions is 
required to comply with the Federal electronic reporting program that 
is more stringent, regardless of where they are fishing.
    NMFS notes that the NMFS Greater Atlantic Regional Fisheries Office 
(GARFO) has implemented an electronic vessel trip report system for an 
owner and operator of a charter vessel or a party boat (headboat) 
issued a Federal for-hire permit for species managed by the Mid-
Atlantic Fishery Management Council (Mid-Atlantic Council). Those for-
hire vessels must submit an electronic vessel trip report using 
software approved by GARFO within 48 hours of completing a for-hire 
fishing trip (82 FR 42610, September 11, 2017). While the reporting 
frequency is more stringent than is required in this final rule, the 
data elements required to be reported through the GARFO system are 
slightly different from those in the South Atlantic reporting program, 
and as such, the programs are not interchangeable and all requirements 
of both programs apply. However, to reduce multiple reporting and the 
burden on those fishermen who have been issued both a Federal for-hire 
permit for species managed by the Mid-Atlantic Council and a Federal 
for-hire permit for species managed by the South Atlantic Council, 
software approved by the Southeast Regional Office (SERO) will allow, 
but not require, fishermen with Federal for-hire permits in both the 
Mid-Atlantic and South Atlantic regions to submit one report within 48 
hours of completing a for-hire fishing trip that will meet the 
requirements of both programs.
    The Gulf Council also developed amendments to the CMP FMP and the 
FMP for Reef Fish Resources of the Gulf of Mexico to address for-hire 
electronic reporting. (Notice of availability published in the Federal 
Register on June 21, 2018, at 83 FR 28797; proposed rule published in 
the Federal Register on October 26, 2018, at 83 FR 54069, with the 
public comment period extended on November 20, 2018, at 83 FR 58522.) 
The Secretary approved the amendments under section 304(a)(3) of the 
Magnuson-Stevens Act on September 19, 2018, and NMFS is developing the 
final rule to implement the Gulf Council's for-hire reporting 
amendments. The Gulf Council's for-hire electronic reporting 
requirements are more stringent than the South Atlantic Council's 
requirements. For example, the Gulf for-hire electronic reporting 
program would require a pre-trip notification to NMFS, vessel location 
information monitored by a global positioning system (GPS), and 
reporting after each trip prior to offloading catch, among other 
requirements. Therefore, 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 meet the reporting 
requirements under this rule if that owner or operator reports under 
the Gulf Council's more stringent for-hire electronic reporting program 
requirements. However, NMFS expects this final rule to implement the 
South Atlantic Council's reporting program will be effective prior to 
the final rule to implement the Gulf Council's for-hire electronic 
reporting program. Therefore, such dually-permitted owners or operators 
would be initially required to report under the South Atlantic 
Council's program, and then be required to change and report under the 
Gulf Council's reporting program upon the effective date of the Gulf 
Council's final rule. NMFS has determined that changing reporting 
programs in such a short period of time would create unnecessary 
disruption, confusion, and hardship for these dually-permitted owners 
and operators. Therefore, NMFS has determined that such owners or 
operators are not required to comply with the South Atlantic electronic 
reporting program until NMFS implements the Gulf electronic reporting 
program, regardless of where the for-hire trips occur. Once NMFS 
implements the Gulf for-hire electronic

[[Page 10333]]

reporting program, which is expected to occur in 2020, such owners or 
operators will be required to comply with the South Atlantic Council's 
reporting program by reporting under the Gulf Council's electronic 
reporting program.
    This rule also extends 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. Additionally, 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

    To further improve the accuracy and timeliness of data reported 
through the SRHS, this final rule changes the reporting deadline for a 
federally permitted headboat owner or operator currently reporting 
through the SRHS to submit an electronic fishing report after the end 
of a reporting week. A headboat owner or operator issued a Federal 
charter vessel/headboat permit for the applicable Atlantic fisheries 
covered in this rule will continue to be required to submit an 
electronic fishing report for each trip at weekly intervals, or at 
intervals shorter than a week if notified by NMFS. However, this rule 
requires the electronic fishing reports to be submitted by the Tuesday 
following a reporting week that runs from Monday through Sunday, 2 days 
after the end of a reporting week. This rule makes the reporting 
deadline for headboats consistent with the reporting deadline for 
charter vessels.

Management Measures Contained in the For-Hire Reporting Amendment But 
Not Codified Through This Final 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 in the future as determined by NMFS in coordination with the 
South Atlantic Council.
    The For-hire Reporting Amendment also requires a South Atlantic 
charter vessel permittee to report their locations fished by either 
entering 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 has been collected for headboats in the SRHS.

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

    In addition to the measures described in the For-hire Reporting 
Amendment, this final rule corrects 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 that 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 cited in two other places in 50 
CFR part 622. The name of the Dolphin Wahoo FMP as it appears 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 final 
rule corrects the inconsistency between the regulations and the 
original name of the Dolphin Wahoo FMP and inserts ``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 rule removes certain regulatory reporting 
requirements applicable to the owner or operator of a non-federally 
permitted charter vessel or headboat that does not fish in the 
exclusive economic zone (EEZ) but only harvests or possesses species 
from state waters adjoining the EEZ. As explained in the proposed rule, 
this rule removes those regulatory reporting requirements from 50 CFR 
622.176(b)(1)(i) through (iii) (snapper-grouper species in the South 
Atlantic), 622.271(b)(1)(i) and (ii) (dolphin and wahoo in the 
Atlantic), and 622.374(b)(1) (coastal migratory pelagic species in the 
Atlantic). NMFS has determined that it does not have authority to 
request this information from non-federally permitted fishermen who do 
not fish in the EEZ. For the same reason, NMFS also removes this 
regulatory reporting requirement from 50 CFR 622.374(b)(1) for coastal 
migratory pelagic species in the Gulf. This is consistent with the 
revisions to Sec.  622.374(b)(1) NMFS made in the proposed rule to 
implement the Gulf Council's for-hire electronic reporting amendments 
to their FMPs (83 FR 54069, October 26, 2018).

Comments and Responses

    NMFS received 72 comments during the public comment periods on the 
NOA and proposed rule for the For-hire Reporting Amendment. The 
majority of the comments were in support of the For-hire Reporting 
Amendment and proposed rule. NMFS acknowledges the comments in favor of 
all or part of the actions in the For-hire Reporting Amendment and the 
proposed rule, and agrees with them. Many of the supporting comments 
stated that more accurate and timely data from fishermen on charter 
vessels and headboats will lead to better management of the for-hire 
component of the recreational sector and more sustainable fish 
populations. Some fishermen supported the electronic reporting 
requirement only if the data could be used to increase the accuracy of 
stock assessments and improve management decisions. Many comments in 
support of the For-hire Reporting Amendment and proposed rule 
recognized that the for-hire reporting requirements are a first step to 
improve data, and that adequate program compliance and validation of 
the data must follow. Sixteen comments were opposed to the proposed 
electronic reporting requirements. Comments that were beyond the scope 
of the proposed rule are not responded to in this final rule. In this 
final rule, NMFS made one change in response to public comment on the 
For-hire Reporting Amendment and the proposed rule. See the response to 
Comment 16 below. Comments specifically in opposition to all or some of 
the actions contained in the For-Hire Reporting Amendment and the 
proposed rule are summarized below, each followed by NMFS' respective 
responses.
    Comment 1: The requirement of mandatory electronic reporting will 
be a burden to charter vessel fishermen. Species caught and discarded 
will be difficult to track and report when multiple customers are 
catching and releasing fish on a continuous basis during a trip. It 
will also be difficult to remember accurately what species were caught 
and discarded on a weekly basis.
    Response: While implementation of this final rule will likely 
increase the

[[Page 10334]]

time required for reporting fishing activities, the electronic 
reporting requirements implemented in this final rule are expected to 
improve management of the federally permitted for-hire component in the 
Atlantic through improved availability of relevant management 
information. Multiple years of side-by-side data collection through 
this program and the MRIP survey are necessary before this program's 
data can be used for official catch estimates. NMFS will notify the 
South Atlantic Council if additional changes to the electronic 
reporting program are necessary. If certified by NMFS to replace the 
MRIP survey, NMFS expects these electronic reporting requirements to 
produce timelier, and more accurate and reliable information for 
managed fish species, and in particular species with low catches, small 
annual catch limits (ACLs), and those that are only rarely encountered 
by fishery participants.
    To assist the owners and operators of for-hire vessels, NMFS and 
the South Atlantic Council have been holding outreach sessions to train 
those fishermen on the reporting requirements to help ensure 
compliance, and NMFS will continue with these outreach efforts. 
Although this final rule requires the reports weekly, fishermen may 
record or submit their electronic reports more often, and NMFS expects 
that recording trips before the deadline each week will become a common 
business practice. Electronic reporting may enable charter vessel 
owners and operators to store and access their trip-level information 
electronically, which may be helpful for other business purposes.
    The electronic reporting program implemented by this final rule 
builds off the favorable results of the South Atlantic Council's pilot 
study on electronic reporting with for-hire fishermen in the South 
Atlantic, which tested the eTRIPS mobile application developed through 
the Atlantic Coastal Cooperative Statistics Program (ACCSP) and Harbor 
Light Software for use in U.S. northeast fisheries.
    Comment 2: Weekly reporting does not provide charter vessel 
fishermen enough time to complete and submit their reports. The amount 
of time to transmit reports after a fishing week ends should be longer. 
Additionally, weather or business fluctuations can prevent fishermen 
from being able to fish for long periods of time, yet the reporting 
program requires weekly reporting.
    Response: The South Atlantic Council's goal in selecting weekly 
electronic reporting for federally permitted charter vessels is to 
improve recreational for-hire fishery data used for management, allow 
for better monitoring of landings and discards, and allow more accurate 
assessments of the impacts of regulations. The shorter reporting 
deadline is expected to reduce recall bias, and to make data available 
on a timelier basis. The South Atlantic Council determined that weekly 
reporting will make data available more quickly and could decrease the 
likelihood of harvest overages for species that have in-season 
closures.
    NMFS estimates that it will take about 10 minutes per fishing trip 
and 2 minutes for a no-fishing report to be completed and submitted, 
including time to review instructions, search existing data sources, to 
gather and maintain necessary data, and to compile, review, and submit 
the required information. NMFS expects reporting time to decrease as 
familiarity with the software increases. If no fishing occurs for any 
reason, no-fishing reports are due by the Tuesday following the fishing 
week; submission of no-fishing reports will be allowed for up to 30 
days in advance, the same as currently allowed for headboats in the 
SRHS. The requirement for mandatory, weekly reporting, including 
reporting when no fishing occurred, was recommended by the Gulf and 
South Atlantic Council's Technical Subcommittee to enhance data 
validation.
    Comment 3: Requiring charter vessel fishermen to report information 
such as charter fees, gross profits, and fuel costs has nothing to do 
with fishing regulations and should not be included in this electronic 
reporting program. Asking vessel operators to submit their financial 
information leads to a lack of program acceptance and trust among 
charter vessel participants. There are other methods available to 
collect this information such as website surveys, directly surveying 
permit holders, or simply asking these questions on a random basis 
rather than on a weekly basis.
    Response: During the development of the For-hire Reporting 
Amendment, the South Atlantic Council determined that the collection of 
economic information was essential to the electronic reporting program. 
The collection of economic data from charter vessels will enhance the 
ability of the South Atlantic Council and NMFS to monitor and assess 
the economic effects of fishing regulations and environmental factors. 
This information will support the use of the best scientific 
information available for regulatory decision-making; will increase the 
accuracy of economic impacts and value estimates specific to the 
charter vessel component of the for-hire industry; and will support 
further research efforts and programs aimed at increasing net benefits 
to fishery stakeholders and the U.S. economy. Information reported by 
individuals and businesses will be confidential and protected in 
accordance with all applicable law.
    Comment 4: Not all fishermen have access to a computer, smartphone, 
or tablet, nor do they all know how to use them. There should be an 
option for paper-based reporting or an option for reports that can be 
submitted via telephone.
    Response: NMFS recognizes that there will be an economic cost for 
those individuals without a computer, tablet, smartphone, or internet 
access. However, these devices and services are essential to 
electronically transmit information to NMFS and fulfill the reporting 
program requirements. The use of computers and the internet has become 
commonplace and is a vital tool in business management and, according 
to the Small Business Administration, in 2010, approximately 94 percent 
of businesses used computers and 95 percent of these had internet 
service.
    The South Atlantic Council did not consider a paper or telephone 
call-based reporting system for the federally permitted charter sector, 
apart from catastrophic conditions discussed below. (Note that reports 
may be submitted using a smartphone application or ``app'' if 
compatible and approved software is available for use.) Compared to 
paper or telephone call-based reporting, electronic reporting is more 
efficient, timely, and cost-effective, and results in fewer 
transmission errors. The South Atlantic Council anticipates that 
electronic reporting will provide more timely data for use in fisheries 
management actions. Electronic-based fishery reporting programs have 
been developed and are used in the NMFS Southeast Region and in other 
regions with success. To assist charter vessel owners and operators 
with the transition to an electronic reporting program, NMFS will 
continue to provide in-person outreach sessions, webinars, and other 
resources to help fishermen comply with the requirements. Also, all of 
the approved reporting software will provide help-desk support to 
answer questions.
    An option for paper-based reporting is only available under 
catastrophic conditions as determined by the NMFS Regional 
Administrator, such as after a hurricane. If the NMFS Regional 
Administrator determines that catastrophic conditions exist, NMFS would 
announce that to the fleet, and

[[Page 10335]]

then may accept paper reporting forms and may modify or waive reporting 
requirements.
    Comment 5: The electronic reporting program as described requires 
the collection of too much information. Fishermen should be required to 
only report the number of hooks in the water and the fish they caught. 
The electronic reporting requirements should only apply to fishing in 
Federal waters and should not include reporting of trips taken in state 
waters.
    Response: In the course of developing and implementing fishery 
management measures, the South Atlantic Council and NMFS are required 
to consider many factors in addition to the amount of fish harvested 
and fishing effort. The South Atlantic Council identified core data 
elements that for-hire fishermen would report through the program. 
These include information about the trip, including general location, 
catch and discard information, as well as limited economic variables. 
The collection of socio-economic data is expected to improve 
management, as discussed in the response to Comment 3.
    This final rule requires a for-hire vessel owner or operator to 
report all species, regardless of where fishing occurs, to avoid data 
gaps in catch reporting and to mitigate issues with compliance and 
enforcement. This information will improve the effectiveness of future 
management by ensuring that events, such as changes in a species' 
geographic range, developing fisheries, or species not managed by the 
South Atlantic Council, would be captured in the data system. Given 
that recreational fishermen in the South Atlantic for-hire component 
routinely catch multiple species in both state and Federal waters on 
the same trip, omitting state water data could result in a significant 
loss of information necessary for management.
    Comment 6: It is unclear how the data collected through this 
electronic reporting program will be incorporated into stock 
assessments and how it will reduce uncertainty in fisheries management.
    Response: MRIP data are currently the NMFS official estimates of 
catch and effort that are used in stock assessments. Until NMFS 
certifies this new electronic reporting program as statistically valid 
to replace MRIP, catch and effort from the for-hire component that 
would be used in stock assessments will continue to come from MRIP. In 
the short term, the information reported through the electronic 
reporting program will be used to validate minimum estimates of for-
hire fishing effort for the for-hire survey conducted by MRIP. Multiple 
years of side-by-side comparisons of data collected by the new 
electronic reporting program and the MRIP survey will be needed before 
the electronic reporting program can be certified. Furthermore, the 
SEFSC has suggested that additional steps may be needed to improve the 
electronic reporting program before it can be certified. These steps 
could include a requirement for fishermen to inform NMFS when they are 
leaving on their trip (pre-trip notification) and to report their catch 
before it is off-loaded from their fishing vessel. Once certified, the 
data collected through this electronic reporting program would replace 
the MRIP survey used for official estimates of for-hire catch and 
effort that can be incorporated into stock assessments.
    After certification, NMFS expects the electronic reporting program 
to facilitate timelier tracking of landings from federally permitted 
charter vessels, and to reduce uncertainty in the data since landings 
information would be collected from all federally permitted for-hire 
vessels, both charter vessels and headboats, rather than from only a 
portion of vessels. Currently, MRIP collects information from charter 
vessels randomly sampled through a survey rather than from every 
charter vessel. Having landings information from all federally 
permitted vessels under a certified program provides a better basis to 
prevent ACLs from being exceeded, and for improving information used in 
stock assessments. Direct, weekly electronic reporting by federally 
permitted charter vessels provides an opportunity for monitoring catch 
over shorter time periods, reducing management uncertainty and 
fostering more precise and responsive management.
    Comment 7: For vessels holding multiple Federal permits, a single 
electronic report of all fish caught and discarded should suffice for 
Mid-Atlantic, South Atlantic, Atlantic Highly Migratory Species (HMS), 
and Gulf reporting requirements. Reporting the same landings to 
multiple, different systems will result in double reporting and less 
data accuracy.
    Response: This final rule requires South Atlantic charter vessel 
permittees subject to electronic reporting requirements in other 
regions to comply with the electronic reporting program that is more 
stringent, regardless of where they are fishing. A single Federal 
reporting option may apply between different programs, such as with a 
for-hire permittee in Mid-Atlantic and South Atlantic fisheries; 
however, in some cases fishermen may still need to submit separate 
reports to different programs.
    As discussed previously, because the Gulf Council's for-hire 
reporting program is more stringent than that for the South Atlantic, 
an owner or operator of a charter vessel issued the applicable Federal 
charter vessel/headboat permits in both the Atlantic and in the Gulf 
will submit their report through the Gulf system, and will not be 
required to submit a separate report through the South Atlantic 
reporting system. In addition, such an owner or operator of a charter 
vessel would not be required to comply with the South Atlantic 
electronic reporting program until the Gulf electronic reporting 
program is implemented, regardless of where for-hire trips occur, and 
can then comply by reporting through the Gulf program.
    The NMFS GARFO electronic vessel trip report system collects 
information from for-hire vessels every 48 hours, but it does not 
require reporting of the same information as required to be collected 
through the South Atlantic program. NMFS recognizes the need to reduce 
duplication and the potential for double counting fish, and has 
developed NMFS-approved software for use in the South Atlantic that 
will allow fishermen with Federal for-hire permits for both the Mid-
Atlantic and South Atlantic fisheries to submit one report, which meets 
all the different requirements of both programs, within 48 hours of 
completing a for-hire fishing trip. However, reporting in this manner 
is not required, and fishermen with Federal for-hire permits for both 
the Mid-Atlantic and South Atlantic fisheries may report separately 
under each program if they choose.
    The NMFS Atlantic HMS program also has its own electronic reporting 
requirements. However, the Atlantic HMS regulations only require 
reporting of certain species by an owner or operator of a federally 
permitted HMS charter vessel or headboat. HMS charter vessel/headboat 
permit holders are required to report any dead discards of bluefin 
tuna, and any landings of bluefin tuna, swordfish, or billfish within 
24 hours of landing at the dock through a mobile application, by 
calling the dedicated tuna or billfish reporting telephone numbers, or 
by submitting a report at the website www.hmspermits.noaa.gov. At this 
time, fishery participants with both South Atlantic and HMS for-hire 
permits would be required to report bluefin tuna, swordfish, or 
billfish harvests both through the HMS reporting mechanisms (within 24 
hours) and through the South Atlantic electronic reporting program 
(weekly). Other species of Atlantic HMS

[[Page 10336]]

(e.g., smooth dogfish shark) and any other species caught would only be 
reported through the South Atlantic reporting program, because this 
reporting program requires the reporting of all species that are caught 
or harvested. The NMFS HMS program is actively exploring options for 
reporting efficiency with the other reporting programs including future 
electronic logbooks, which could be based on existing systems, or the 
inclusion of HMS data elements within preexisting systems.
    Comment 8: Having different reporting requirements for charter 
vessels and headboats will cause a problem for those vessels that may 
operate as a charter vessel during one trip and a headboat vessel 
during another.
    Response: NMFS disagrees, because a federally permitted vessel that 
operates as both a charter vessel and a headboat during separate trips 
will continue to report based on whether the vessel owner or operator 
currently reports to the SRHS. In other words, if an owner or operator 
of a for-hire vessel has already been reporting to the SRHS, they will 
continue to report to the SRHS, regardless if they operate as a charter 
vessel or headboat on separate trips. Conversely, if an owner or 
operator of a for-hire vessel has not already been reporting to the 
SRHS, then they will report according to the requirements of the new 
South Atlantic electronic reporting program set forth in this final 
rule.
    The South Atlantic Council's intent throughout the development of 
the For-hire Reporting Amendment was for electronic reporting 
requirements to be as consistent as possible between charter vessels 
and headboats. Therefore, the required data elements in the new South 
Atlantic electronic reporting program will be as similar as possible to 
those already collected through the SRHS, and this final rule requires 
both charter vessels and headboats to report by 2 days following the 
end of a fishing week (i.e., by Tuesday).
    Comment 9: Electronic reporting should be designed to minimize the 
complexity of these reports and to be as efficient as possible.
    Response: NMFS agrees with the comment. NMFS evaluated potential 
software applications for the electronic reporting program, and 
specified approved software applications, including eTRIPS online and 
eTRIPS mobile, which are products of the ACCSP used by partner 
organizations in the region. NMFS will continue to conduct in-person 
outreach sessions and webinars, and on-line resources will be available 
to help ensure understanding of the program and compliance, such as, 
how to file electronic reports using NMFS-approved software. All NMFS-
approved software vendors for the South Atlantic electronic reporting 
program will have help-desk support. In addition, although this final 
rule requires electronic reports to be submitted weekly, fishermen may 
submit their electronic reports more frequently.
    Comment 10: The electronic reporting requirements for federally 
permitted for-hire vessels in the For-hire Reporting Amendment are a 
first step to a limited entry permit program, sector separation, or a 
catch share program, none of which are needed in the South Atlantic.
    Response: NMFS disagrees that this final rule is intended to be a 
first step towards a limited entry permit program, sector separation, 
or a catch share program in the South Atlantic. As previously discussed 
in the response to Comment 1, the electronic reporting program 
implemented by this final rule is designed to collect better fishery 
management data from South Atlantic federally permitted for-hire owners 
and operators.
    Comment 11: It is unclear how NMFS will protect data that are being 
reporting to them.
    Response: NMFS will protect this data in accordance with applicable 
law. For example, under section 402(b)(1) of the Magnuson-Stevens Act, 
the data submitted to NMFS under the For-hire Reporting Amendment shall 
be confidential and shall not be disclosed, except under limited 
circumstances, as provided for in section 402(b) of the Magnuson-
Stevens Act. Additionally, all data reported through the electronic 
reporting program will be collected through software that meets 
standards set out by NMFS, including data confidentiality and 
protection of personal information online, and will be treated as 
confidential in accordance with NOAA Administrative Order 216-100, 
Protection of Confidential Fisheries Statistics. The release of data in 
aggregate or summary form that does not directly or indirectly disclose 
the identity or business of any person who submits the information is a 
circumstance authorized under section 402(b)(3) of the Magnuson-Stevens 
Act.
    Comment 12: The census approach to data collection is unworkable 
and does not provide data usable in fisheries management. The 
electronic reporting program needs to be enhanced to provide a reliable 
and usable tool for management. The electronic reporting program should 
include pre and post-trip notification requirements, and an education 
plan for charter captains to explain the value of participation and 
compliance.
    Response: The South Atlantic Council considers the data collection 
program implemented by this final rule to be a first step towards 
better data collection in the federally permitted for-hire component of 
the recreational sector, and expects the electronic reporting program 
to provide data that can be used for effort validation and economic 
analysis. The South Atlantic Council intends to improve federally 
permitted charter vessel reporting, while requiring the collection of 
data similar to what the SRHS already collects. NMFS acknowledges that 
future modifications to the South Atlantic electronic reporting 
program, such as incorporating a pre-trip notification requirement and 
a requirement to report catch before off-loading from a vessel, may 
enhance the survey design, increase the robustness of catch estimates, 
and improve validation, which could decrease the overall cost of the 
program. However, the South Atlantic Council did not include such 
measures in the electronic reporting program or in the recommended core 
data elements. In addition, as stated in the response to Comment 9, 
NMFS will continue to hold in-person outreach sessions and webinars, 
and on-line resources will be available to help ensure understanding of 
the program and compliance.
    Comment 13: Discard data, including the amount, a detailed 
disposition of discarded fish, and whether fish were vented or released 
to depth with a descending device, should be collected through this 
electronic reporting program. Refined disposition information of 
discarded fish can help fine-tune discard mortality estimates by 
quantifying what happened to fish upon their release.
    Response: During the development of the For-hire Reporting 
Amendment, the South Atlantic Council identified core data elements 
that would be required to be reported through the program. These 
include information about the trip, including general location, catch 
and discard information, as well as limited economic variables. The 
specific discard information identified in the comment were not 
included as core data elements, and the SEFSC does not recommend the 
collection of discard disposition, because assessment of the condition 
of a released fish varies among fishermen and the mortality of a 
discarded fish is rarely instantaneous. However, NMFS, in coordination 
with the South Atlantic Council, may

[[Page 10337]]

consider modifying the list of data elements in the future.
    Comment 14: The for-hire reporting program recommended by the Gulf 
Council was inaccurately summarized in the proposed rule for the South 
Atlantic for-hire reporting program. The proposed rule incorrectly 
stated that the Gulf for-hire reporting program would require location 
information monitored by a vessel monitoring system (VMS), among other 
requirements. The Gulf for-hire reporting program would provide 
flexibility for other NMFS-approved electronic devices to be used to 
monitor location information.
    Response: NMFS agrees that the proposed rule described some of the 
measures recommended for the Gulf in error, and NMFS became aware of 
this after the proposed rule for the South Atlantic for-hire reporting 
program published in the Federal Register. The Gulf for-hire reporting 
program as recommended by the Gulf Council would require 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-approved hardware could include VMS, and owners and operators of 
vessels already equipped with VMS may elect to utilize it if the VMS 
unit is approved for use in the Gulf electronic reporting program. 
However, NMFS anticipates approving other devices that may be used to 
meet the requirements of the Gulf electronic reporting program.
    Comment 15: Implementation and evaluation of the electronic 
reporting program will be necessary before the new information can be 
used to support management decisions. This will require additional 
funds to support more staff time and improvements to data collection 
platforms. NMFS should carefully balance the need for funding of new 
electronic reporting programs, while ensuring that adequate financial 
and human resources continue to be allocated for managing South 
Atlantic fish populations that reflect the economic and ecological 
value of the region's diverse ecosystems and coastal communities.
    Response: NMFS agrees that the electronic reporting program should 
be evaluated after it is implemented to make sure it properly supports 
management decisions. As noted in the response to Comment 1, additional 
steps will be required before the data collected through this program 
can replace the MRIP survey and be used for official estimates of for-
hire catch and effort. NMFS expects that the certification process 
through MRIP will not begin until the data collected through this 
program can be independently validated, and validation will require 
funding. NMFS strives to meet all of the mandates under the Magnuson-
Stevens Act, and finds the need for more timely and improved management 
data to be obtained through the electronic reporting program in balance 
and consistent with the management needs of South Atlantic fisheries.
    Comment 16: The proposed regulations did not codify the intent to 
reduce duplicative reporting, but it could be used for enforcement 
purposes and will have to be changed if the Gulf Council changes their 
reporting requirements. The regulations for the South Atlantic and Gulf 
electronic reporting programs should be effective on the same day to 
avoid confusion and promote compliance.
    Response: NMFS has determined that codifying measures to address 
the duplicative reporting circumstances discussed in the For-hire 
Reporting Amendment and proposed rule is appropriate and NMFS has added 
it to this final rule. If the Gulf Council changes its for-hire 
reporting requirements, NMFS and the South Atlantic Council will review 
the revised Gulf requirements and determine if changes are needed to 
the regulations for the applicable Atlantic fisheries. In addition, 
approximately 373 charter vessels have been issued both a Federal 
permit in the South Atlantic and in the Gulf, and will be subject to 
the reporting requirements in the South Atlantic and in the Gulf. As 
explained earlier in this final rule, NMFS has determined that 
initially requiring dually permitted Gulf and South Atlantic for-hire 
vessel owners and operators to report under the South Atlantic 
electronic reporting program, and then change and report under the Gulf 
electronic reporting program upon implementation of the Gulf program in 
such a short period of time would create unnecessary disruption, 
confusion, and hardship. Therefore, NMFS has determined that because 
the final rules to implement the two reporting programs will not be 
effective on the same date, such dually permitted owners or operators 
are not required to comply with the South Atlantic electronic reporting 
program until NMFS implements the Gulf electronic reporting program, 
regardless of where for-hire trips occur.

Changes From the Proposed Rule

    This final rule clarifies a sentence in the preamble to the 
proposed rule on page 14403 in the left column that stated 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 (83 FR 14400, April 
4, 2018). As correctly stated earlier in this final rule, an owner or 
operator of a federally permitted headboat in both the Atlantic and the 
Gulf, who currently reports to the SRHS, is required to comply with the 
electronic reporting requirements in effect based on the permits issued 
to the vessel regardless of where they were fishing. Because the Gulf 
Council's for-hire reporting amendments require trip-level reporting 
prior to offloading fish from the vessel, among other requirements, the 
Gulf electronic reporting program would be more restrictive, and 
fishermen on such vessels would be required to report to standards of 
the Gulf electronic reporting program. NMFS did not change the 
regulatory language in the proposed rule as a result of this 
clarification.
    In an effort to reduce multiple reporting, NMFS-approved software 
for the South Atlantic Council-managed fisheries will allow, but not 
require, fishermen with Federal for-hire permits in both the Mid-
Atlantic and South Atlantic to submit one report within 48 hours of 
completing a for-hire fishing trip that will meet the reporting 
requirements of both the Mid-Atlantic and South Atlantic programs. The 
preamble to the proposed rule stated, on page 14402 in the right hand 
column, that because the program implemented by GARFO is more 
stringent, permit holders with both GARFO and South Atlantic permits 
would be required to report to the GARFO reporting program. This is 
incorrect. While the GARFO requirements are more stringent on the 
timing of the reports, the South Atlantic program requires more data 
elements to be reported.
    Further, in the preamble to the proposed rule on page 14403 in the 
left and center columns that explained if NMFS approves the South 
Atlantic For-hire Reporting Amendment and implements the 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 South 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

[[Page 10338]]

reporting program, a vessel issued such permits would be required to 
comply with the Gulf electronic reporting program.
    NMFS has determined that a charter vessel owner or operator issued 
the applicable Federal charter vessel/headboat permits in both the 
Atlantic and in the Gulf will not be required to comply with the South 
Atlantic electronic reporting program implemented through this final 
rule until the date on which the Gulf electronic reporting program is 
implemented. Those owners and operators must then comply with the South 
Atlantic Council's reporting program by reporting under the Gulf 
Council's electronic reporting program. This is necessary to avoid 
confusion between the South Atlantic and proposed Gulf requirements, 
reduce the administrative burden on the agency, and eliminate an 
unnecessary economic burden on the fishermen holding both South 
Atlantic and Gulf permits.

Changes to Regulatory Text From the Proposed Rule

    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 must submit an electronic 
fishing report regardless of where they were fishing, i.e., not only if 
fishing occurs in state or Federal waters. The modifications to 
Sec. Sec.  622.176(b)(1), 622.271(b)(1), and 622.374(b)(1)(ii) more 
accurately reflect the applicability of reporting under this final 
rule. Additionally, in response to a comment on the implementation of 
the Gulf and South Atlantic electronic reporting programs, NMFS has 
determined that it is appropriate to codify the circumstance discussed 
earlier regarding avoiding duplicate reporting requirements if a 
federally permitted vessel is subject to more stringent reporting 
requirements through another Federal permit. NMFS has added language to 
the codified text in this final rule to explain that situation and 
references the NMFS SERO website for additional information on more 
stringent reporting requirements. NMFS discussed avoiding duplicate 
reporting requirements in the preamble to the proposed rule on page 
14402 in the right hand column and has determined that adding it to the 
codified text will help clarify the reporting requirements.
    NMFS revised language in Sec. Sec.  622.176(b)(4), 622.271(b)(4), 
and 622.374(b)(4) to clarify the consequences of not complying with the 
reporting requirements.
    In addition, reference to the NMFS SERO website was added to 
Sec. Sec.  622.176(b)(5), 622.271(b)(5), and 622.374(b)(5) for 
additional information on approved hardware and software, and NMFS also 
modifies the language in Sec.  622.374(b)(5), to remove a sentence 
referencing NMFS-approved hardware and software requirements in the 
Gulf that is inapplicable to the electronic reporting program in the 
South Atlantic and that is implemented by this final rule.
    Finally, this final rule removes certain regulatory reporting 
requirements in the section 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 Gulf CMP 
species from state waters adjoining the Gulf EEZ. As stated earlier in 
this final rule, NMFS proposed to remove this language in the proposed 
rule for the Gulf electronic reporting program. However, for 
consistency with changes to requirements for Atlantic CMP species in 
this final rule, NMFS also removes the regulatory requirements stated 
in this paragraph from 50 CFR 622.374(b)(1)(i)(A) and (B). These 
reporting requirements were implemented early in the management of 
these species, and NMFS is not currently collecting this information. 
NMFS has determined that it does not now have the regulatory authority 
under the FMPs affected by this final rule to request this information.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined that this final rule is consistent with the For-hire 
Reporting Amendment, the respective FMPs, the Magnuson-Stevens Act, and 
other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
final rule. No duplicative, overlapping, or conflicting Federal rules 
have been identified. A description of this final rule, why it is being 
implemented, and the purposes of this final rule are contained in the 
SUMMARY and SUPPLEMENTARY INFORMATION sections of this preamble.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) during the proposed rule stage that this final 
rule would not have a significant economic impact on a substantial 
number of small entities. The factual basis for this determination was 
published in the proposed rule and is not repeated here.
    On July 18, 2019, the SBA issued an interim final rule (84 FR 
34261) effective August 19, 2019, that adjusted the monetary-based 
industry size standards (i.e., receipts- and assets-based) for 
inflation for many industries. For fisheries, for-hire businesses, and 
marinas, the rule changes the small business size standard from $7.5 
million in annual gross receipts to $8 million. See 84 FR at 34273 
(adjusting NAICS 487210 (Scenic and Sightseeing Transportation, Water) 
and 713930 (Marinas)).
    Pursuant to the Regulatory Flexibility Act, and prior to SBA's July 
18, 2019, interim final rule, a certification was developed for this 
action using SBA's former size standards. NMFS has reviewed the 
analyses prepared for this final rule in light of the new size 
standards. Under the former SBA size standards, all entities subject to 
this action were considered small entities, and they all would continue 
to be considered small under the new standards. NMFS has determined 
that the new size standards do not affect analyses prepared for this 
final rule. The economic effects discussed in the factual basis for the 
certification determination, as published in the proposed rule, remain 
unchanged.
    Public comments relating to socio-economic implications and 
potential impacts on small businesses are addressed in the responses to 
Comment 1 through Comment 4 in the Comments and Responses section of 
this final rule. No comments were received regarding the certification 
and NMFS has not received any new information that would affect its 
determination. As a result, a final regulatory flexibility analysis was 
not required and none was prepared.
    This final rule contains collection-of-information requirements 
that have been submitted for approval to OMB under the Paperwork 
Reduction Act (PRA), Control Number 0648-0016, Southeast Region Logbook 
Family of Forms. Public reporting burden for compliance with a weekly 
electronic fishing report is estimated to average 10 minutes per trip 
and 2 minutes for a no-fishing report, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection information.
    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

[[Page 10339]]

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 or https://www.reginfo.gov/public/do/PRASearch#.

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.

    Dated: February 10, 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 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

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

0
2. In Sec.  622.1, remove the Table 1 entry for ``FMP for the Dolphin 
and Wahoo Fishery off the Atlantic States'' and add in its place the 
entry ``FMP for the Dolphin and Wahoo Fishery of the Atlantic'' to read 
as follows:


Sec.  622.1  Purpose and scope.

* * * * *

        Table 1 to Sec.   622.1--FMPs Implemented Under Part 622
------------------------------------------------------------------------
                               Responsible fishery
          FMP title                management         Geographical area
                                   council(s)
------------------------------------------------------------------------
 
                              * * * * * * *
FMP for the Dolphin and       SAFMC...............  Atlantic.
 Wahoo 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, must 
record all fish harvested and discarded, and any other information 
requested by the SRD for each trip, 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. If the owner or operator subject to this paragraph 
(b)(1)(i) has been issued a Federal permit that requires more 
restrictive reporting requirements, as determined by NMFS and posted on 
the NMFS Southeast Region website, reporting under those more 
restrictive regulations will meet the requirements of this paragraph 
(b)(1)(i).
    (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)(i) of this section is 
required for permit renewal.
    (2) Reporting deadlines for charter vessels and headboats. (i) 
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 as a charter 
vessel or headboat 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

[[Page 10340]]

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 modify or waive 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 
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 automatically, with no additional requirement for NMFS to 
provide notice to the owner and operator of their delinquency. 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 as posted on the NMFS Southeast Region website.
* * * * *

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 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, must 
record all fish harvested and discarded, and any other information 
requested by the SRD for each trip, 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. If the owner or operator subject to this paragraph 
(b)(1)(i) has been issued a Federal permit that requires more 
restrictive reporting requirements, as determined by NMFS and posted on 
the NMFS Southeast Region website, reporting under those more 
restrictive regulations will meet the requirements of this paragraph 
(b)(1)(i).
    (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 as a charter 
vessel or headboat 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 paragraph (b)(1) 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 requirements. 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 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 
automatically, with no additional requirement for NMFS to provide 
notice to the owner and operator of their delinquency. 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 as posted on the NMFS Southeast Region website.
* * * * *


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 requirements--(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), 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.

[[Page 10341]]

    (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), 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, must 
record all fish harvested and discarded, and any other information 
requested by the SRD for each trip, 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. If the owner or operator subject to this paragraph 
(b)(1)(ii)(A) has been issued a Federal permit that requires more 
restrictive reporting requirements, as determined by NMFS and posted on 
the NMFS Southeast Region website, reporting under those more 
restrictive regulations will meet the requirements of this paragraph 
(b)(1)(ii)(A).
    (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 (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 as a charter vessel or headboat 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)(B) 
and (b)(1)(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 requirements. Electronic reports required by 
paragraphs (b)(1)(i)(B) and (b)(1)(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)(B) or (b)(2)(ii) of this section is 
delinquent. A delinquent report 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 automatically, with no additional requirement 
for NMFS to provide notice to the owner and operator of their 
delinquency. 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. An 
owner or operator of a vessel for which a charter vessel/headboat 
permit for Atlantic coastal migratory pelagic fish has been issued must 
submit electronic reports using NMFS-approved hardware and software as 
posted on the NMFS Southeast Region website.
* * * * *

[FR Doc. 2020-02964 Filed 2-21-20; 8:45 am]
 BILLING CODE 3510-22-P