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, 78779-78782 [2013-31069]
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Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Rules and Regulations
large entities does not arise in the
present case.
The vessel permit holders’ share of
the cost of the new ELB program
consists of a one-time cost of installing
the ELB unit, an annual cost of
transmitting data from the ELB unit to
NMFS servers, and a periodic cost of
repairing or replacing defective ELB
units. On a per vessel basis, the
installation cost is $200 and the annual
data transmission cost is $240. In the
event of equipment failure, the cost of
repair could run from a de minimis
amount to $425, which is the cost of
replacing an ELB unit.
During the period from 2006 through
2010, an average permitted shrimp
vessel had negative net operating
revenues in all years, except 2009. Its
net profits (i.e., net operating revenues
plus net receipts from non-operating
activities, such as government
payments) were positive in 2006
($2,961), 2009 ($1,238), and 2010
($94,279). However, it should be noted
that the 2010 profits came mainly from
earnings associated with the Deepwater
Horizon MC252 (DWH) oil spill in the
form of damage claims and revenues
from the vessel’s participation in BP’s
clean-up program. Without these oil
spill related revenues, net profits in
2010 would have been negative $2,480.
For active federally permitted shrimp
vessels, net operating revenues were
negative in all years from 2006 through
2010. In addition, profits in all of those
years were negative, except in 2010.
Again, the positive net profits in 2010
were due to revenues associated with
the DWH oil spill. The situation is
worse for inactive permitted shrimp
vessels, with net revenues and profits
(except for 2010) being more negative
than those of active permitted shrimp
vessels. The average inactive permitted
shrimp vessel had higher net profit in
2010 than the average active permitted
shrimp vessel.
The cost of the new ELB program will
impose a significant impact on the
profits of an average permitted shrimp
vessel. The effects will be even more
significant for vessels that are not active
in the fishery. It is noted that there are
some vessels that are substantially more
profitable than the average vessel, and
thus will be able to absorb the per vessel
cost of the ELB program. However, there
are other vessels that are only slightly
more profitable than the average vessel,
and very likely the impacts on their
profits will be significant.
The following discussion analyzes the
alternatives that were not selected as
preferred by the Council.
The management measures contained
in the framework action continue the
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ELB program. Being adjudged and
proven to be very effective in collecting
shrimp effort data in the Gulf EEZ,
continuation of the ELB program has
been deemed necessary so that NMFS
can effectively carry out its mandate to
base conservation and management
measures on the best scientific
information available and to minimize
bycatch to the extent practicable. To
date, no other means of collecting
shrimp effort data have been developed
and tested that would be more
technically and economically effective
than the ELB. Therefore, no other
alternative to collect shrimp effort data
was considered.
However, three alternatives, including
the preferred alternative, were
considered for funding the ELB
program. As noted above, the preferred
alternative will provide for cost sharing
between NMFS and the vessel permit
holders in the Gulf shrimp fishery. The
second alternative will require NMFS to
bear the entire cost of the ELB program.
NMFS recognizes the vital role that the
ELB program has played in estimating
shrimp effort in the Gulf, but due to
budget constraints, NMFS cannot fully
fund the ELB program. The third
alternative will require the Gulf shrimp
vessel permit holders to fund the entire
cost of the ELB program. For several
years now, the Gulf shrimp industry has
been in relatively dire financial
condition. Thus the Gulf shrimp fishery
indicated that it could not possibly fund
the entire cost of the ELB.
These final changes to management
measures contain collection-ofinformation requirements subject to the
requirements of the Paperwork
Reduction Act (PRA), which have been
approved by Office of Management and
Budget (OMB) under control number
0648–0543. NMFS estimates the
requirement for the Gulf shrimp fishery
to share in the costs of the new ELB
units, which includes installation ($200)
and data transmission ($240), to average
1 hour and $440 per response for the
first year. After the first year, NMFS
estimates the requirement for vessel
permit holders in the Gulf shrimp
fishery to share in the costs of the new
ELB units, which includes data
transmission, to average 1 hour and
$240 per response. 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
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78779
requirements of the PRA, unless that
collection-of-information displays a
currently valid OMB control number.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 20, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable
Fisheries,performing the functions and duties
of the Deputy Assistant Administratorfor
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2013–30949 Filed 12–26–13; 8:45 am]
BILLING CODE 3510–22–P
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
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
SUMMARY:
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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 ForHire Reporting Amendment, which
includes an environmental assessment
and a regulatory impact review, may be
obtained from the Southeast Regional
Office Web site at https://
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
Submission@omb.eop.gov, or by fax to
202–395–7285.
FOR FURTHER INFORMATION CONTACT:
Karla Gore, Southeast Regional Office,
NMFS, telephone 727–824–5305; email:
Karla.Gore@noaa.gov.
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 ForHire 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 ForHire 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
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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,
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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-ofinformation 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.
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Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Rules and Regulations
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
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.13, paragraph (g) is added
to read as follows:
■
§ 622.13
Prohibitions—general.
*
*
*
*
*
(g) Harvest or possess fish if the
required headboat reports have not been
submitted in accordance with this part.
*
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*
■ 3. In § 622.176, paragraph (b) is
revised to read as follows:
§ 622.176
Recordkeeping and reporting.
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*
*
*
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*
(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
§ 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 § 622.170(b)(1), or whose
vessel fishes for or lands such snappergrouper 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.
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(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
§ 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
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78781
(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 snappergrouper 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.
*
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*
*
*
■ 4. In § 622.271, paragraph (b) is
revised to read as follows:
§ 622.271
Recordkeeping and reporting.
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*
*
(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
§ 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 § 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).
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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.
*
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*
*
*
5. In § 622.374, paragraph (b) is
revised to read as follows:
■
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§ 622.374
Recordkeeping and reporting.
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*
(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
§ 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
§ 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
§ 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.
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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
E:\FR\FM\27DER1.SGM
27DER1
]]>Agencies
[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Rules and Regulations]
[Pages 78779-78782]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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 https://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 Submission@omb.eop.gov,
or by fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Karla Gore, Southeast Regional Office,
NMFS, telephone 727-824-5305; email: Karla.Gore@noaa.gov.
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
