[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Proposed Rules]
[Pages 28797-28800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13278]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BH72


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

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 28798]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability (NOA); request for comments.

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SUMMARY: The Gulf of Mexico (Gulf) Fishery Management Council (Gulf 
Council) and South Atlantic Fishery Management Council (South Atlantic 
Council) have submitted the Gulf For-hire Reporting Amendment for 
review, approval, and implementation by NMFS. The Gulf For-hire 
Reporting Amendment includes amendments to the Fishery Management Plan 
(FMP) for Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP) and 
the Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and 
Atlantic Region (CMP FMP). If approved by the Secretary of Commerce, 
the Gulf For-hire Reporting Amendment would revise reporting 
requirements for owners and operators of federally permitted charter 
vessels and headboats (for-hire vessels). The Gulf For-hire Reporting 
Amendment would require an owner or operator of a for-hire vessel with 
a Federal charter vessel/headboat permit for Gulf Reef Fish or Gulf CMP 
to submit an electronic fishing report for each fishing trip using 
NMFS-approved hardware and software, before offloading fish from the 
vessel. The Gulf For-hire Reporting Amendment would also require these 
owners or operators to notify NMFS prior to departing on any trip. The 
purpose of the Gulf For-hire Reporting Amendment is to increase and 
improve fisheries information collected from owners and operators of 
vessels with a Federal charter vessel/headboat permit for Gulf reef 
fish or Gulf CMP species. The information is expected to improve 
recreational fisheries management of the for-hire component in the 
Gulf.

DATES: Written comments on the Gulf For-hire Reporting Amendment must 
be received by August 20, 2018.

ADDRESSES: You may submit comments on the Gulf For-hire Reporting 
Amendment, identified by ``NOAA-NMFS-2018-0075,'' by either of the 
following methods:
    <bullet> Electronic submission: Submit all electronic comments via 
the Federal e-Rulemaking Portal. Go to www.regulations.gov/docket?D=NOAA-NMFS-2018-0075, click the ``Comment Now!'' icon, complete 
the required fields, and enter or attach your comments.
    <bullet> Mail: Submit all written comments to Rich Malinowski, NMFS 
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 
33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in required fields if you wish to remain 
anonymous).
    Electronic copies of the Gulf For-hire Reporting Amendment may be 
obtained from www.regulations.gov or the Southeast Regional Office 
website at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/index.html. The Gulf For-hire Reporting Amendment 
includes an environmental assessment, regulatory impact review, 
Regulatory Flexibility Act analysis, and fishery impact statement.

FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast 
Regional Office, telephone: 727-824-5305, or email: 
<a href="/cdn-cgi/l/email-protection#c1b3a8a2a9efaca0ada8afaeb6b2aaa881afaea0a0efa6aeb7"><span class="__cf_email__" data-cfemail="c4b6ada7aceaa9a5a8adaaabb3b7afad84aaaba5a5eaa3abb2">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any fishery management plan or 
amendment to NMFS for review and approval, partial approval, or 
disapproval. The Magnuson-Stevens Act also requires that NMFS, upon 
receiving an FMP or amendment, publish an announcement in the Federal 
Register notifying the public that the FMP or amendment is available 
for review and comment.
    The FMPs being revised by the Gulf For-hire Reporting Amendment 
were prepared by the Gulf Council and the South Atlantic Council, and 
the Gulf For-hire Reporting Amendment, if approved, would be 
implemented by NMFS through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Act.

Background

    The Magnuson-Stevens Act requires that NMFS and regional fishery 
management councils prevent overfishing and achieve, on a continuing 
basis, the optimum yield from federally managed fish stocks. These 
mandates are intended to ensure that fishery resources are managed for 
the greatest overall benefit to the nation, particularly with respect 
to providing food production and recreational opportunities, and 
protecting marine ecosystems. To further this goal, the Magnuson-
Stevens Act states that the collection of reliable data is essential to 
the effective conservation, management, and scientific understanding of 
the nation's fishery resources.
    In 2014, NMFS implemented management measures contained in a 
framework action to the Reef Fish FMP and the CMP FMP (Headboat 
Reporting Framework), which modified recordkeeping and reporting 
provisions for an owner or operator of a headboat that has been issued 
a charter vessel/headboat permit for Gulf reef fish or Gulf CMP species 
(79 FR 6097, February 3, 2014). If selected by NMFS to participate in 
the Southeast Region Headboat Survey (SRHS), a headboat owner or 
operator must submit an electronic fishing report weekly, or at shorter 
intervals if notified by the Science and Research Director (SRD) of 
NMFS' Southeast Fisheries Science Center (SEFSC). Currently, the 
selected headboat owners or operators must submit an electronic fishing 
report to NMFS via the internet by the Sunday following the end of each 
reporting week, which runs from Monday through Sunday; in other words, 
reports are due within 7 days after a reporting week ends. If the 
reports are not submitted on time, the owner or operator of the vessel 
is prohibited from harvesting or possessing the applicable species 
until any delinquent electronic fishing reports are submitted to NMFS. 
The purpose of the Headboat Reporting Framework was to obtain more 
timely fishing information from headboats to better monitor 
recreational annual catch limits (ACLs), improve stock assessments, and 
improve compliance with reporting in Gulf recreational fisheries.
    Currently, landings and discards from federally permitted charter 
vessels in the Gulf reef fish and CMP fisheries are monitored through 
the survey of charter vessels by the Marine Recreational Information 
Program (MRIP). As of January 1, 2018, fishing effort is calculated 
based on a sample of federally permitted charter vessels through a mail 
survey. Catch rate observations and catch sampling are provided through 
dockside monitoring, also conducted by MRIP. This MRIP charter vessel 
information is then available in 2-month increments known as waves, so 
that there are six waves during the calendar year, e.g., January 
through February, March through April, etc.
    The Gulf For-hire Reporting Amendment modifies the reporting 
requirements for both charter vessels and headboats. Owners or 
operators of

[[Page 28799]]

for-hire vessels with a Federal charter vessel/headboat permit for Gulf 
reef fish or Gulf CMP species would have to submit electronic fishing 
reports to NMFS for each trip prior to offloading fish. This would make 
the reporting requirements and deadline for charter vessels and 
headboats consistent.
    If NMFS implements the electronic reporting requirements described 
in the Gulf For-hire Reporting Amendment, the MRIP survey of charter 
vessels would continue until the proposed electronic reporting program 
described in the amendment is certified by NMFS, and then the 
electronic reporting program could replace the MRIP survey of charter 
vessels.
    Accurate and reliable fisheries information about catch, effort, 
and discards is critical to stock assessment and management 
evaluations. In addition, catch from federally permitted for-hire 
vessels may represent a substantial portion of the total recreational 
catch for Gulf Council managed fish species, such as red snapper, gray 
triggerfish, greater amberjack, and mutton snapper. The Gulf Council 
has determined that electronic reporting on a per trip basis for 
federally permitted for-hire vessels could provide more timely 
information than the current MRIP survey and SRHS, and more accurate 
and reliable information for many species with low catches, low ACLs, 
or for species that are only rarely encountered by fishery 
participants. The Gulf Council expects electronic reporting on a per 
trip basis by owners and operators of all federally permitted for-hire 
vessels to enhance data collection efforts and contribute to better 
fisheries management by improving the accuracy of the data and allowing 
for more data-rich stock assessments.

Actions Contained in the Gulf For-Hire Reporting Amendment

    The Gulf For-hire Reporting Amendment includes actions to establish 
electronic reporting on a per trip basis before offloading fish from 
federally permitted charter vessels and headboats in the Gulf reef fish 
and CMP fisheries. The Gulf For-hire Reporting Amendment would also 
require vessel owners or operators to submit fishing reports via NMFS-
approved hardware and software with global positioning system (GPS) 
capabilities that, at a minimum, archive vessel position data during a 
trip for subsequent transmission to NMFS. Lastly, prior to departing 
for any trip, the owner or operator of a federally permitted charter 
vessel or headboat would be required to notify NMFS and declare whether 
they are departing on a for-hire trip, or on another trip type. If the 
vessel will be operating as a charter vessel or headboat during the 
specified trip, the vessel owner or operator must also report expected 
return time and landing location.

Electronic Reporting by Federally Permitted Charter Vessels and 
Headboats

    The Gulf For-hire Reporting Amendment would require an owner or 
operator of a charter vessel or headboat with a Federal charter vessel/
headboat permit for Gulf reef fish or Gulf CMP species, and is 
operating as a for-hire vessel, to submit an electronic fishing report 
for each trip before offloading fish from the vessel. The electronic 
fishing report would include any species that were caught or harvested 
in or from any area, e.g., in state or Federal waters in the Gulf or 
Atlantic, as well as information about the permit holder, vessel, 
location fished, fishing effort, discards, and socio-economic data. In 
the future, other information that could further benefit the management 
of federally permitted for-hire vessels included under the Gulf For-
hire Reporting Amendment may also be subject to collection, as 
determined by NMFS, in collaboration with other data collection 
partners and in coordination with the Gulf Council. If no fish were 
retained on a trip, submission of an electronic fishing report would be 
required within 30 minutes after the trip ends.
    If the Gulf For-hire Reporting Amendment is approved and 
implemented, the owner or operator of a federally permitted for-hire 
vessel that is on a for-hire trip would be required to submit an 
electronic fishing report using hardware and software that meets NMFS 
technical requirements and has been type approved by NMFS. NMFS-
approved hardware could include electronic devices such as computers, 
tablets, smartphones, and vessel monitoring system units that allow for 
internet access and are capable of operating approved software. NMFS is 
currently evaluating potential software applications for the electronic 
for-hire reporting program and is considering the use of existing 
software applications already being used by partners in the region, 
including e-trips online and e-trips mobile, which are reporting 
products developed by the Atlantic Coastal Cooperative Statistics 
Program. Hardware and software that meet the NMFS type approval would 
be posted on the NMFS Southeast Region website upon publication of any 
final rule to implement revisions to the Gulf for-hire electronic 
reporting program.
    NMFS recently published a proposed rule in the Federal Register to 
implement electronic reporting requirements contained in the South 
Atlantic For-Hire Reporting Amendment applicable to the for-hire 
component of recreational fisheries in the Atlantic (83 FR 14400, April 
4, 2018). As proposed for the Atlantic, an owner or operator of a for-
hire vessel issued a Federal charter vessel/headboat permit for 
Atlantic CMP species, Atlantic dolphin and wahoo, or South Atlantic 
snapper-grouper species, and is operating as a for-hire vessel, would 
have to submit an electronic fishing report using NMFS-approved 
hardware and software on a weekly basis. However, the South Atlantic 
Council does not intend for a vessel with Federal for-hire permits from 
multiple jurisdictions to report to multiple electronic reporting 
programs. Therefore, an owner or operator of a for-hire vessel with a 
Federal charter vessel/headboat permit for an applicable fishery in the 
Atlantic, who is required to report under another Council's program 
that has more stringent requirements, such as the proposed Gulf For-
hire Reporting Amendment, would not also need to report under the South 
Atlantic's program.
    This means that if NMFS implements the measures in the South 
Atlantic For-hire Reporting Amendment before implementing measures 
established through the Gulf For-hire Reporting Amendment, for-hire 
vessels issued the applicable Federal charter vessel/headboat permits 
in both the Gulf and Atlantic would be required to comply with the 
Atlantic electronic reporting program until a Gulf electronic reporting 
program is implemented, even if the for-hire trips only occur in the 
Gulf. Then, if NMFS subsequently implements the Gulf For-hire Reporting 
Amendment, fishermen on for-hire vessels issued Gulf for-hire permits 
would need to comply with the Gulf electronic reporting program 
requirements.
    The Gulf For-hire Reporting Amendment also contains provisions 
addressing reporting during catastrophic conditions, such as after a 
hurricane, and delinquent reporting. During NMFS-declared catastrophic 
conditions, NMFS may accept paper reporting forms, and can modify or 
waive reporting requirements. Also, a delinquent report would result in 
a prohibition on the harvest or possession of the applicable species by 
the for-hire vessel permit holder until all required and delinquent 
reports have been

[[Page 28800]]

submitted and received by NMFS according to the reporting requirements.

Location Tracking and Reporting

    The Gulf For-hire Reporting Amendment specifies that a for-hire 
vessel owner or operator submit fishing reports via NMFS-approved 
hardware and software with GPS capabilities that, at a minimum, archive 
vessel position data during a trip for subsequent transmission to NMFS. 
The location information would be transmitted electronically to NMFS. 
The GPS portion of the hardware would have to be permanently affixed to 
the vessel. The purpose of this requirement is verify whether a vessel 
is at the dock. Therefore, the GPS portion must have uninterrupted 
power unless the owner or operator applies for and is granted an 
exemption.

Trip Notification

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

Proposed Rule for the Gulf For-Hire Reporting Amendment

    A proposed rule that would implement the Gulf For-hire Reporting 
Amendment is being drafted. In accordance with the Magnuson-Stevens 
Act, NMFS will evaluate the proposed rule to determine whether it is 
consistent with the FMPs, the Magnuson-Stevens Act, and other 
applicable laws. If that determination is affirmative, NMFS will 
publish the proposed rule in the Federal Register for public review and 
comment.

Consideration of Public Comments

    The Gulf Council has submitted the Gulf For-hire Reporting 
Amendment for Secretarial review, approval, and implementation. 
Comments on the Gulf For-hire Reporting Amendment must be received by 
August 20, 2018. Comments received will be considered by NMFS in the 
decision to approve, disapprove, or partially approve the Gulf For-hire 
Reporting Amendment. Comments received after the comment period will 
not be considered by NMFS in this decision. All comments received by 
NMFS on the amendment or the proposed rule during their respective 
comment periods will be addressed in the final rule.

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

    Dated: June 15, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-13278 Filed 6-20-18; 8:45 am]
BILLING CODE 3510-22-P


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