[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Rules and Regulations]
[Pages 78779-78782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31069]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 130409354-3999-02]
RIN 0648-BD21
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Revisions to Headboat Reporting Requirements for Species Managed by the
South Atlantic Fishery Management Council
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement the Joint South
Atlantic/Gulf of Mexico Generic Charter Vessel/Headboat Reporting in
the South Atlantic Amendment (For-Hire Reporting Amendment). The For-
Hire Reporting Amendment amends the following Fishery Management Plans
(FMPs): the Snapper-Grouper Fishery of the South Atlantic Region and
the Dolphin and Wahoo Fishery of the Atlantic, as prepared by the South
Atlantic Fishery Management Council (South Atlantic Council); and the
Coastal Migratory Pelagic (CMP) Resources of the Atlantic and Gulf of
Mexico (Gulf), as prepared by the Gulf of Mexico Fishery Management
Council (Gulf Council) and the South Atlantic Council. This final rule
modifies the recordkeeping and reporting requirements for headboat
owners and operators who fish for species managed by the South Atlantic
Council through the previously mentioned FMPs. These revisions require
fishing records to be submitted electronically (via computer or
internet) on a weekly basis or at intervals shorter than a week if
notified by the NMFS' Southeast Fisheries Science Center (SEFSC)
Science and Research Director (SRD), and prohibits
[[Page 78780]]
headboats from continuing to fish if they are delinquent in submitting
reports. The purpose of this final rule is to obtain timelier fishing
information from headboats to better monitor recreational annual catch
limits (ACLs), improve stock assessments, and to help obtain 100
percent compliance with reporting in South Atlantic fisheries.
DATES: This rule is effective January 27, 2014.
ADDRESSES: Electronic copies of the For-Hire Reporting Amendment, which
includes an environmental assessment and a regulatory impact review,
may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov.
Comments regarding the burden-hour estimates or other aspects of
the collection-of-information requirements contained in this final rule
may be submitted in writing to Anik Clemens, Southeast Regional Office,
NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; and Office of
Management and Budget (OMB), by email at OIRA [email protected],
or by fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Karla Gore, Southeast Regional Office,
NMFS, telephone 727-824-5305; email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS and the Councils manage the fisheries
for South Atlantic Snapper-Grouper, Atlantic Dolphin and Wahoo, and
Gulf and South Atlantic CMP under their respective FMPs. The FMPs were
prepared by the Gulf and South Atlantic Councils and are implemented
through regulations at 50 CFR part 622 under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
On September 18, 2013, NMFS published a notice of availability for
the For-Hire Reporting Amendment and requested public comment (78 FR
57339). On September 27, 2013, NMFS published a proposed rule for the
For-Hire Reporting Amendment and requested public comment (78 FR
59641). NMFS approved the For-Hire Reporting Amendment on December 16,
2013. The proposed rule and the For-Hire Reporting Amendment outline
the rationale for the actions contained in this final rule. A summary
of the actions implemented by the For-Hire Reporting Amendment and this
final rule is provided below.
This final rule requires electronic reporting for headboat vessels
in the South Atlantic snapper-grouper, Atlantic dolphin and wahoo, and
South Atlantic CMP fisheries, increases the reporting frequency for the
headboat vessels in these fisheries, and prohibits headboats from
continuing to fish if they are delinquent in submitting their reports.
Comments and Responses
NMFS received a total of 6 comments on the For-Hire Reporting
Amendment and the proposed rule, which included comments from private
citizens, fishermen, non-governmental organizations, and fishermen
associations. Four comments were in support of the action contained in
the amendment. Three comments provided recommendations that were
outside the scope of the amendment and rulemaking. Two comments
expressed concern with the requirement for increased reporting
frequency. These two comments are summarized into one comment which is
responded to below.
Comment: The requirement to report weekly instead of monthly is too
burdensome on fishermen.
Response: NMFS estimates the requirement for headboat owners and
operators to report more frequently (weekly instead of monthly) does
not create more burden on headboat owners and operators. Keeping
accurate records is essential to successful business operation. As a
result, recording trips as they are completed, or as soon as is
practical, is expected to be the common business practice. Electronic
recording and reporting is expected to support additional labor and
business management efficiencies because it is expected to allow better
data storage, retrieval, and production of annual performance summaries
for use in business planning. Therefore, the increase in the frequency
of reporting is expected to require little, if any, change in business
practices or associated operational costs. Headboat owners and
operators will still be reporting the same amount of information; they
will just be clicking the send button to transmit the data more
frequently. Currently, 95 percent of headboats are reporting
electronically, and 80 to 90 percent of these headboats are submitting
their monthly reports on time. This requirement is intended to obtain
timelier fishing information from headboats to better monitor
recreational ACLs, improve stock assessments, and to help obtain 100
percent compliance with reporting in South Atlantic fisheries.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
that this final rule is necessary for the management of the South
Atlantic snapper-grouper, dolphin and wahoo, and CMP fisheries and is
consistent with the For-Hire Reporting Amendment, the FMPs, the
Magnuson-Stevens Act and other applicable law.
This final rule has been determined to be not significant for
purposes of 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 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. 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
subject to the requirements of the Paperwork Reduction Act (PRA), which
have been approved by OMB under control number 0648-0016. NMFS
estimates the requirement for South Atlantic headboat owners and
operators to report electronically results in a net zero effect on the
reporting burden under OMB control number 0648-0016, because headboat
owners and operators will continue to report all species harvested,
however, now electronically instead of by paper. NMFS estimates the
requirement for headboat owners and operators to report more frequently
(weekly instead of monthly) does not create more burden on headboat
owners and operators, because the headboat owners and operators will
still be reporting the same amount of information; they will just be
clicking the send button to transmit the data more frequently. Keeping
accurate records is essential to successful business operation. As a
result, recording trips as they are completed, or as soon as is
practical, is expected to be the common business practice. These
estimates of the public reporting burden include the time for reviewing
instructions, gathering and maintaining the data needed, and completing
and reviewing the collection-of-information.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to a 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.
[[Page 78781]]
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Headboat, Reporting and recordkeeping
requirements, South Atlantic.
Dated: December 20, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, Performing the functions and
duties of the 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. 622.13, paragraph (g) is added to read as follows:
Sec. 622.13 Prohibitions--general.
* * * * *
(g) Harvest or possess fish if the required headboat reports have
not been submitted in accordance with this part.
* * * * *
0
3. In Sec. 622.176, paragraph (b) is revised 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), or whose vessel fishes for or lands such snapper-grouper
in or from state waters adjoining the South Atlantic EEZ, 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) of this section.
(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), or whose vessel
fishes for or lands such snapper-grouper in or from state waters
adjoining the South Atlantic EEZ, who is selected to report by the SRD
must submit an electronic fishing record for each trip of all fish
harvested within the time period specified in paragraph (b)(2)(ii) of
this section, via the Southeast Region Headboat Survey.
(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), or whose vessel fishes for or lands such snapper-grouper
in or from state waters adjoining the South Atlantic EEZ, 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 this paragraph
(b)(1)(iii) is required for permit renewal.
(2) Reporting deadlines--(i) Charter vessels. Completed fishing
records required by paragraph (b)(1)(i) 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). Completed fishing records
required by paragraph (b)(1)(iii) of this section for charter vessels
may be required weekly or daily, as directed by the SRD. Information to
be reported is indicated on the form and its accompanying instructions.
(ii) Headboats. Electronic fishing records required by paragraph
(b)(1)(ii) of this section for headboats must be submitted at weekly
intervals (or intervals shorter than a week if notified by the SRD) by
11:59 p.m., local time, the Sunday following a reporting week. If no
fishing activity occurred during a reporting week, an electronic report
so stating must be submitted for that reporting week by 11:59 p.m.,
local time, the Sunday following a reporting week.
(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)(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, NOAA weather
radio, fishery bulletins, and other appropriate means and will
authorize the affected participants' use of paper forms for the
duration of the catastrophic conditions. The paper forms will be
available from NMFS. During catastrophic conditions, the RA has the
authority to waive or modify reporting time requirements.
(4) Compliance requirement. Electronic reports required by
paragraph (b)(1)(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 time specified in paragraph (b)(2)(ii)
of this section is delinquent. A delinquent report automatically
results in the owner and operator of a headboat for which a charter
vessel/headboat permit for South Atlantic snapper-grouper has been
issued being prohibited from harvesting or possessing such species,
regardless of any additional notification to the delinquent owner and
operator by NMFS. The owner and operator who are prohibited from
harvesting or possessing such species due to delinquent reports are
authorized to harvest or possess such species only after all required
and delinquent reports have been submitted and received by NMFS
according to the reporting requirements under this section.
* * * * *
0
4. In Sec. 622.271, paragraph (b) is revised 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), or whose vessel fishes for or lands Atlantic dolphin or
wahoo in or from state waters adjoining the Atlantic EEZ, 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) of this section.
(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), or whose vessel fishes
for or lands Atlantic dolphin or wahoo in or from state waters
adjoining the South Atlantic EEZ, who is selected to report by the SRD
must submit an electronic fishing record for each trip of all fish
harvested within the time period specified in paragraph (b)(2)(ii) of
this section, via the Southeast Region Headboat Survey.
(2) Reporting deadlines--(i) Charter vessels. Completed fishing
records required by paragraph (b)(1)(i) 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).
[[Page 78782]]
Information to be reported is indicated on the form and its
accompanying instructions.
(ii) Headboats. Electronic fishing records required by paragraph
(b)(1)(ii) of this section for headboats must be submitted at weekly
intervals (or intervals shorter than a week if notified by the SRD) by
11:59 p.m., local time, the Sunday following a reporting week. If no
fishing activity occurred during a reporting week, an electronic report
so stating must be submitted for that reporting week by 11:59 p.m.,
local time, the Sunday following a reporting week.
(3) Catastrophic conditions. During catastrophic conditions only,
NMFS provides for use of paper forms for basic required functions as a
backup to the electronic fishing records required by paragraph
(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,
NOAA weather radio, fishery bulletins, and other appropriate means and
will authorize the affected participants' use of paper forms for the
duration of the catastrophic conditions. The paper forms will be
available from NMFS. During catastrophic conditions, the RA has the
authority to waive or modify reporting time requirements.
(4) Compliance requirement. Electronic reports required by
paragraph (b)(1)(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 time specified in paragraph (b)(2)(ii)
of this section is delinquent. A delinquent report automatically
results in the owner and operator of a headboat for which a charter
vessel/headboat permit for Atlantic dolphin and wahoo has been issued
being prohibited from harvesting or possessing such species, regardless
of any additional notification to the delinquent owner and operator by
NMFS. The owner and operator who are prohibited from harvesting or
possessing such species due to delinquent reports are authorized to
harvest or possess such species only after all required and delinquent
reports have been submitted and received by NMFS according to the
reporting requirements under this section.
* * * * *
0
5. In Sec. 622.374, paragraph (b) is revised to read as follows:
Sec. 622.374 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 Gulf
coastal migratory pelagic fish or South Atlantic coastal migratory
pelagic fish has been issued, as required under Sec. 622.370(b)(1), or
whose vessel fishes for or lands Gulf or South Atlantic coastal
migratory pelagic fish in or from state waters adjoining the Gulf or
South Atlantic EEZ, 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) of this section.
(ii) South Atlantic headboats. The owner or operator of a headboat
for which a charter vessel/headboat permit for South Atlantic coastal
migratory fish has been issued, as required under Sec. 622.370(b)(1),
or whose vessel fishes for or lands South Atlantic coastal migratory
pelagic fish in or from state waters adjoining the South Atlantic EEZ,
who is selected to report by the SRD must submit an electronic fishing
record of each trip of all fish harvested within the time period
specified in paragraph (b)(2)(ii) of this section, via the Southeast
Region Headboat Survey.
(iii) Gulf headboats. The owner or operator of a headboat for which
a charter vessel/headboat permit for Gulf coastal migratory pelagic
fish has been issued, as required under Sec. 622.370(b)(1), or whose
vessel fishes for or lands Gulf coastal migratory fish in or from state
waters adjoining the Gulf EEZ, 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)(iii) of this
section.
(2) Reporting deadlines--(i) Charter vessels. Completed fishing
records required by paragraph (b)(1)(i) 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.
(ii) South Atlantic headboats. Electronic fishing records required
by paragraph (b)(1)(ii) of this section for South Atlantic 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.
(iii) Gulf headboats. Completed fishing records required by
paragraph (b)(1)(iii) of this section for Gulf headboats must be
submitted to the SRD monthly and must be made available to an
authorized statistical reporting agent or be postmarked no later than 7
days after the end of each month. 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 paragraph (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, NOAA weather
radio, fishery bulletins, and other appropriate means and will
authorize the affected participants' use of paper forms for the
duration of the catastrophic conditions. The paper forms will be
available from NMFS. During catastrophic conditions, the RA has the
authority to waive or modify reporting time requirements.
(4) Compliance requirement. Electronic reports required by
paragraph (b)(1)(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 time specified in paragraph (b)(2)(ii)
of this section is delinquent. A delinquent report automatically
results in the owner and operator of a headboat for which a charter
vessel/headboat permit for South Atlantic coastal migratory pelagic
fish has been issued being prohibited from harvesting or possessing
such species, regardless of any additional notification to the
delinquent owner and operator by NMFS. The owner and operator who are
prohibited from harvesting or possessing such species due to delinquent
reports are authorized to harvest or possess such species only after
all required and delinquent reports have been submitted and received by
NMFS according to the reporting requirements under this section.
* * * * *
[FR Doc. 2013-31069 Filed 12-26-13; 8:45 am]
BILLING CODE 3510-22-P