[Federal Register Volume 85, Number 137 (Thursday, July 16, 2020)]
[Rules and Regulations]
[Pages 43149-43152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14853]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 200706-0178]
RIN 0648-BJ38


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

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

ACTION: Final rule.

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SUMMARY: This action establishes permitting and reporting requirements 
for privately owned and operated recreational vessels fishing for 
tilefish north of the Virginia/North Carolina border. This action is 
necessary to implement technical measures for the conceptual permitting 
and reporting requirements previously approved as part of Amendment 6 
to the Tilefish Fishery Management Plan. The intended effect of this 
action is to monitor recreational tilefish effort and catch for this 
periodic offshore fishery.

DATES: This rule is effective August 17, 2020.

ADDRESSES: Copies of Amendment 6 and the Environmental Assessment (EA), 
with its associated Finding of No Significant Impact (FONSI) and the 
Regulatory Impact Review (RIR), are available from the Mid-Atlantic 
Fishery Management Council, 800 North State Street, Suite 201, Dover, 
DE 19901. The Amendment 6 EA/FONSI/RIR is also accessible online at: 
www.mafmc.org.
    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 the Greater Atlantic Regional Fisheries 
Office and by visiting www.reginfo.gov/public/do/PRAMain. Find this 
particular information collection by selecting ``Currently under 
Review--Open for Public Comments'' or by using the search function.

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

SUPPLEMENTARY INFORMATION: 

Background

    This rule implements the technical components for the previously 
approved private recreational tilefish permitting and reporting 
requirements in Amendment 6 to the Tilefish Fishery Management Plan 
(FMP) (82 FR 52851;

[[Page 43150]]

November 15, 2017). The Mid-Atlantic Fishery Management Council 
developed these measures for the tilefish fishery in Federal waters 
north of the Virginia/North Carolina border, consistent with the 
requirements of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). On January 29, 2020, we 
published a proposed rule (85 FR 5186) and solicited comments on the 
proposed measures for a 30-day period that ended on February 28, 2020.
    We reviewed all comments received during this comment period. See 
Comments and Responses section for more information.

Permitting and Reporting Requirements

    With this rule, private recreational vessel owners are required to 
obtain a Federal vessel permit to fish for and/or retain golden or 
blueline tilefish in the mid-Atlantic, as recommended by the Council 
and approved as part of Amendment 6.
    Any vessel that intends to fish for golden and/or blueline tilefish 
must obtain a Federal private recreational tilefish vessel permit 
before taking a trip. Tilefish retained on recreational trips may only 
be kept for personal consumption and may not be sold or bartered. 
Private recreational tilefish anglers may apply for the permit on the 
Greater Atlantic Regional Fisheries Office (GARFO) website (https://www.fisheries.noaa.gov/about/greater-atlantic-regional-fisheries-office). The GARFO website has a link to the Fish Online system, where 
applicants will create a username and password, fill out the required 
information, and submit their application. Applicants will be required 
to provide the following information: 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; and any other information required by 
the Regional Administrator. Once the application has been processed, 
the permit will be available to print from the computer and/or a paper 
copy can be mailed to the applicant. There will be no cost to obtain 
the private recreational tilefish vessel permit. Permits must be 
renewed annually.
    Private recreational tilefish vessels will also be required to 
submit electronic vessel trip reports (eVTR) for any trip targeting 
tilefish through a NMFS-approved electronic reporting system. There are 
several platforms available to submit electronic reports including 
SAFIS's eTrips, and GARFO's Fish Online. Fish Online is a system with 
both browser-based and mobile application versions available and is the 
recommended method to submit reports. Additionally, once a permit is 
issued to a vessel through the Fish Online system, the permit holder 
may use the same username and password to log on to either the Fish 
Online browser or app to submit their eVTR. The following information 
will be required to submit an eVTR for a private recreational tilefish 
trip: Vessel name; USCG documentation number (or state registration 
number, if undocumented); permit number; date/time sailed; date/time 
landed; trip type; number of anglers; species caught; gear fished; 
quantity and size of gear; soak time; depth; chart area; latitude/
longitude where fishing occurred; count of individual golden and 
blueline tilefish landed or discarded; and port and state landed. The 
24-hour submission requirement is consistent with the requirement for 
Highly Migratory Species (HMS) permit holders, because we expect some 
anglers may hold both permits.
    This action does not change the regulations for tilefish party/
charter vessels and will apply to anglers using a personal vessel to 
fish for and/or retain blueline or golden tilefish. However, this may 
be the same vessel that is used in for-hire or commercial fisheries on 
other trips. This is a separate permit that will be required if a boat 
fishes privately (not taking paying clients) for tilefish. Fish 
retained on a recreational trip may only be kept for personal 
consumption and may not be sold or bartered.

Comments and Responses

    We received 27 comments during the proposed rule. Fourteen 
commenters supported and 12 opposed the new measures. One comment was 
not relevant to this action and was forwarded to staff that work with 
Atlantic bluefin tuna. The commenters opposed to the permitting and 
reporting requirements said the measures were overly burdensome, 
unfairly targeted recreational fishermen, were duplicative with 
requirements for HMS, and there are costs associated with obtaining the 
proper equipment to report. Several commenters also noted their 
dissatisfaction with the different bag limits between the recreational 
and commercial sectors; however, that issue is not related to this 
action.
    We do understand the requirements for private recreational 
fishermen to obtain a permit and submit reports are new concepts in our 
region and that they require extra effort. We will be conducting 
outreach and education to minimize confusion and assist private 
recreational fishermen with obtaining a permit and understanding the 
reporting forms. The permitting and reporting requirements will help to 
gather necessary recreational tilefish catch and effort data that are 
not currently captured through dockside interviews and/or angler phone 
surveys. These data are critical to the Council's efforts to manage 
effectively both blueline and golden tilefish.
    There is no cost to obtain the private recreational tilefish vessel 
permit, and there are no postage costs associated with the permit or 
the eVTR because both will be submitted electronically. We estimate 
that the initial private recreational tilefish permit applications 
would take an average of 45 minutes to complete and an average of 5 
minutes to complete the eVTR. We expect that private recreational 
fishermen already have a smartphone, computer, or tablet to obtain the 
Federal private recreational tilefish vessel permit and submit their 
electronic trip report. Additionally, many vessels that are fishing 
offshore for tilefish are likely equipped with a Global Positioning 
System to provide location information for the reports. This is because 
the tilefish fishery occurs offshore, typically in waters 50-100 miles 
(80-160 kilometers) from shore, and most vessels venturing that far 
have electronic navigational capabilities.
    We did explore using existing HMS permitting and reporting systems 
for tilefish. This was not adopted because HMS permits and reporting 
data are managed in a separate database from our region, tilefish are 
not migratory species, and the HMS permit is a coast wide permit, where 
this permit covers waters north of the Virginia/North Carolina line. In 
response to the comments relating to duplication of permit 
requirements, if a vessel has an HMS permit and the private 
recreational tilefish permit there may be some duplication as they 
report certain highly migratory species caught through the HMS report 
system, then report all catch through our eVTR system. This duplication 
should only be temporary as we are working on a ``one-stop shop'' 
reporting system that will allow one report to meet the requirements 
from GARFO, HMS, and the Southeast Regional Office. This long-term 
solution is under development, but will not be ready by the time these 
tilefish private

[[Page 43151]]

recreational measures are due to be implemented.

Changes From the Proposed Rule

    There are no changes to the measures from the proposed rule.

Classification

    The Administrator, Greater Atlantic Region, NMFS, determined that 
this action is necessary for the conservation and management of the 
tilefish fishery and that it is consistent with the Magnuson-Stevens 
Fishery Conservation and Management Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final 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 during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final rule contains two collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA) and which have been 
approved by the Office of Management and Budget (OMB) under the 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 5 minutes per response. Public comment is 
sought regarding: Whether this proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information shall have practical utility; the 
accuracy of the burden estimate; ways to enhance the quality, utility, 
and clarity of the information to be collected; and ways to minimize 
the burden of the collection of information, including through the use 
of automated collection techniques or other forms of information 
technology. Send comments on these or any other aspects of the 
collection of information to GARFO at the ADDRESSES above, and to OIRA 
by visiting www.reginfo.gov/public.do/PRAMain. Find this particular 
information collection by selecting ``Currently under Review--Open for 
Public Comments'' or by using the search function. 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: July 6, 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 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. In Sec.  648.7, revise paragraphs (b)(1)(i) and (b)(1)(iii) and add 
paragraphs (b)(1)(iv) and (f)(2)(iv) to read as follows:


Sec.  648.7  Recordkeeping and reporting requirements.

* * * * *
    (b) * * *
    (1) * * *
    (i) General. The reporting requirements specified in this paragraph 
(b)(1)(i) for an owner or operator of a vessel fishing for, possessing, 
or landing Atlantic chub mackerel are effective through December 31, 
2020. 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. 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;

[[Page 43152]]

    (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).
* * * * *
    (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  Monitoring coverage.

    (a) Coverage. 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 Sec.  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 Sec.  648.4(a)(12)(ii), or a valid 
Federal private recreational tilefish permit issued pursuant to Sec.  
648.4(a)(12)(iv).
* * * * *
    (b) * * *
    (1) Private recreational vessels. Anglers fishing onboard a vessel 
issued a Federal private recreational tilefish permit pursuant to Sec.  
648.4(a)(12)(iv), may land up to three blueline tilefish per person per 
trip.
* * * * *
[FR Doc. 2020-14853 Filed 7-15-20; 8:45 am]
BILLING CODE 3510-22-P