Atlantic Highly Migratory Species; Electronic Reporting Requirements, 72796-72819 [2024-19892]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 173 (Friday, September 6, 2024)]
[Proposed Rules]
[Pages 72796-72819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19892]



[[Page 72796]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 240829-0229]
RIN 0648-BM23


Atlantic Highly Migratory Species; Electronic Reporting 
Requirements

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS is proposing to modify and/or expand reporting 
requirements for Atlantic highly migratory species (HMS), including 
reporting by commercial, for-hire, and private recreational vessel 
owners and dealers. This proposed action would require vessel owners, 
who currently report in existing paper commercial logbooks (i.e., 
Atlantic HMS logbook and the Southeast Coastal Fisheries Logbook 
Program), to report electronically. NMFS is also proposing to implement 
new logbook requirements for vessel owners holding HMS Charter/Headboat 
permits or Atlantic Tunas General category permits, Atlantic Tunas 
Harpoon category permits, and/or Swordfish General Commercial permits. 
This proposed action would modify reporting options for private 
recreational vessel owners holding HMS Angling permits. Additionally, 
HMS dealers would be required to report individual fish weights for 
additional species (i.e., Atlantic bigeye, albacore, yellowfin, and 
skipjack (BAYS) tunas, swordfish, and pelagic sharks). All HMS 
reporting would become electronic, using systems or applications 
approved by NMFS for Atlantic HMS. Finally, this proposed action would 
make technical changes to clarify certain HMS regulations.

DATES: Written comments must be received by January 6, 2025. Three 
public webinars will be held on the dates listed in table 1 of the 
SUPPLEMENTARY INFORMATION section of this document.

ADDRESSES: A plain language summary of this proposed rule is available 
at: https://www.regulations.gov/docket/NOAA-NMFS-2023-0047. You may 
submit comments on this document, identified by NOAA-NMFS-2023-0047, by 
electronic submission. Submit all electronic public comments via the 
Federal e-Rulemaking Portal. Visit https://www.regulations.gov and type 
NOAA-NMFS-2023-0047 in the Search box. Click on the ``Comment'' icon, 
complete the required fields, and enter or attach your comments.
    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 at: 
https://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 the required fields if you wish to remain 
anonymous).
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted at: https://www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting 
``Currently under Review--Open for Public Comments'' or by using the 
search function.
    Copies of the supporting documents, including the Regulatory Impact 
Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA) for 
this action, the advance notice of proposed rulemaking (ANPRM) on HMS 
electronic reporting requirements, and the 2006 Consolidated HMS 
Fishery Management Plan (FMP) and amendments are available from the HMS 
website at: https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species or by contacting Carrie Soltanoff at the email 
address or telephone number below.

FOR FURTHER INFORMATION CONTACT: Carrie Soltanoff 
([email protected]), Guy DuBeck ([email protected]), or Ann 
Williamson ([email protected]) by email, or by phone at 301-427-
8503.

SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries (i.e., tunas, 
billfish, swordfish, and sharks) are managed under the 2006 
Consolidated HMS FMP and its amendments pursuant to the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
(16 U.S.C. 1801 et seq.) and consistent with the Atlantic Tunas 
Convention Act (ATCA) (16 U.S.C. 971 et seq.). HMS implementing 
regulations are at 50 CFR part 635. The regulations specific to HMS 
reporting can be found at Sec.  635.5. The Magnuson-Stevens Act, among 
other things, requires FMPs to specify the data which shall be 
submitted to the Secretary with respect to commercial, recreational, 
and charter fishing (16 U.S.C. 1853(a)(5)), thus authorizing the 
collection of such data. In addition, the Magnuson-Stevens Act 
authorizes NMFS to require permits and ``such other measures, 
requirements, or conditions and restrictions as are determined to be 
necessary and appropriate for the conservation and management of the 
fishery'' (16 U.S.C. 1853(b)(1), (14)).
    The purpose of this rulemaking is to: (1) streamline and modernize 
reporting through electronic reporting and consolidation of reporting 
deadlines, including converting existing commercial paper logbooks to 
electronic logbooks; (2) expand electronic logbook reporting to 
additional commercial and charter/headboat vessel owners; and (3) 
collect additional information from dealers through existing electronic 
reporting mechanisms. The expansion of reporting requirements would 
create consistency with NMFS efforts in other fisheries and augment 
data necessary for fishery science and management. Electronic logbook 
reporting is a step towards streamlining HMS reporting for commercial, 
for-hire, and private recreational fisheries consistent with the ``One 
Stop Reporting'' initiative for HMS, Greater Atlantic Region, and 
Southeast Region fisheries. The intent of the ``One Stop Reporting'' 
initiative is to expand capabilities for the submission of a single 
electronic report to satisfy overlapping reporting requirements of 
vessels holding permits in multiple regions. The need for each action 
is described in more detail below, under the following topics and 
respective alternatives: A. Electronic Logbook for HMS Commercial 
Limited Access Permits; B. Electronic Logbook for Atlantic Tunas 
General Category Permit, Atlantic Tunas Harpoon Category Permit, 
Swordfish General Commercial Permit, and HMS Charter/Headboat Permit; 
C. HMS Angling Permit Reporting Requirements; and D. HMS Dealer 
Reporting: Individual Fish Reports and Technical Change in Bluefin Tuna 
Reporting Requirements.
    Implementation of the measures proposed in this rulemaking is 
contingent on available funding. Implementation of some or all aspects 
of the preferred alternatives may be delayed pending funding 
availability and any needed development of, or changes to, electronic 
reporting systems/applications. In addition to comments on the 
alternatives themselves, should delayed implementation be necessary, 
NMFS is requesting comments on which

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alternatives the public feels are most important.
    NMFS is proposing to clarify in this rulemaking that the owner of a 
vessel with an HMS permit is ultimately responsible for ensuring that 
all reports are submitted in a timely and accurate manner. NMFS is 
aware that currently vessel operators and owners complete reporting 
obligations according to each vessel's business practices. The proposed 
regulations make clear that even though commercial and for-hire vessel 
owners may allow the vessel operator or another person to submit all 
required reports, the onus and responsibility is on the vessel owner. 
However, because both owners and operators may submit reports, the 
description of proposed measures and other alternatives in this 
preamble refer to vessel ``owners/operators.''
    NMFS published an ANPRM on May 12, 2023 (88 FR 30699) that 
described the reporting topics addressed in this rulemaking and 
provided management options. NMFS presented the ANPRM to the HMS 
Advisory Panel, the Atlantic States Marine Fisheries Commission, and 
the New England, Mid-Atlantic, South Atlantic, Gulf of Mexico, and 
Caribbean Fishery Management Councils, and held five in-person and two 
virtual public hearings. The ANPRM comment period ended August 18, 
2023. Written comments submitted on the ANPRM can be viewed at: https://www.regulations.gov/docket/NOAA-NMFS-2023-0047. NMFS considered all 
the comments received in the development of this proposed rule.
    As described in more detail below, the preferred alternatives and 
sub-alternatives in this action are:

A. Electronic Logbook for HMS Commercial Limited Access Permits

     Alternative A1. Format for submission of logbooks and 
associated weighout slips.
    [cir] Sub-alternative A1b. Vessel owners/operators would complete 
and submit logbook entries electronically; submit an uploaded file of 
the weighout slip with logbook submission. NMFS would offer a voluntary 
standardized weighout slip form.
     Alternative A2. Timing requirement for logbook submission.
    [cir] Sub-alternative A2b. Vessel owners/operators would be 
required to submit logbook entries within 7 days of offloading all HMS, 
including the cost-earnings portion of the logbook for selected vessel 
owners.

B. Electronic Logbook for Atlantic Tunas General Category Permit, 
Atlantic Tunas Harpoon Category Permit, Swordfish General Commercial 
Permit, and HMS Charter/Headboat Permit

     Alternative B1. Electronic logbook requirements.
    [cir] Sub-alternative B1c. NMFS would expand species and trip 
reporting requirements via electronic logbook for vessels with Atlantic 
Tunas General category, Harpoon category, Swordfish General Commercial, 
and/or HMS Charter/Headboat permits. Vessel owners would report through 
an electronic system/application approved by NMFS for Atlantic HMS 
reporting.
    [ssquf] Require electronic logbook submission for all trips, 
regardless of whether fish are caught.
    [ssquf] Require reporting of all species caught, including non-HMS
    [ssquf] Collect fishing location information.
    [ssquf] Require monthly no-fishing reports.
     Alternative B2. Timing requirement for electronic logbook 
submission.
    [cir] Sub-alternative B2a. Vessel owners/operators would be 
required to submit completed electronic logbook reports within 24 hours 
of the end of the trip.
     Alternative B3. Cost and earnings information.
    [cir] Sub-alternative B3c. All vessel owners/operators would submit 
some cost and earnings information for each trip in the electronic 
logbook, and vessel owners selected by NMFS for a given calendar year 
would submit additional cost and earnings information via annual 
survey.

C. HMS Angling Permit Reporting Requirements

     Alternative C2. The same as the status quo with the 
exception of removing the option to report via telephone.

D. HMS Dealer Reporting: Individual Fish Weights on Dealer Reports and 
Technical Change in Bluefin Tuna Reporting Requirements

     Alternative D2. Expand individual fish weights that 
dealers would be required to report to: bigeye, albacore, yellowfin, 
and skipjack tunas, swordfish, and pelagic sharks.
     Alternative D4. Would remove the requirement to submit a 
bi-weekly report for bluefin tuna.

A. Electronic Logbook for HMS Commercial Limited Access Permits

Background

    Owners/operators of vessels with HMS commercial limited access 
permits (i.e., Atlantic Tunas Longline category, shark directed, shark 
incidental, swordfish directed, swordfish incidental, and swordfish 
handgear) are all currently selected for logbook reporting under Sec.  
635.5(a)(1) and thus are required to report their fishing activities in 
a paper logbook. Logbooks require information on the gear used, the 
date(s) a fishing trip occurred, the quantity of fish caught, and the 
fishing location. Because commercial vessel owners/operators report 
these data themselves, it is referred to as ``self-reported'' data. 
Different logbooks are required for the different fisheries and their 
use depends on the data collection needs and requirements of the 
different fisheries. The current logbooks (i.e., Atlantic HMS logbook 
and Southeast Coastal Fisheries Logbook Program) are described below.
    Owners/operators of HMS permitted vessels using pelagic longline 
gear are required to use the Atlantic HMS logbook, and HMS vessel 
owners who are selected to report and who use other gear types, 
including rod and reel, green-stick, and bottom longline gear, may also 
report fishing activities in this logbook (or in the Southeast Coastal 
Fisheries Logbook Program described below). The vessels using the 
Atlantic HMS logbook primarily target swordfish and tunas.
    There are currently three forms that must be submitted for an 
Atlantic HMS logbook report to be complete: (1) the trip report form; 
(2) the set report form; and (3) the weighout slips (i.e., tally 
sheets), which report individual dressed weights for all fish sold. The 
trip report form provides information on the trip itself (e.g., the 
start and end dates, the vessel name and identification number, which 
dealers purchased landings, and port information). Economic 
information, such as the total cost of trip expenses (e.g., groceries, 
fuel), is also collected on the cost-earnings portion of this form from 
those vessel owners who are randomly selected on an annual basis under 
Sec.  635.5(a)(1) (20 percent of the fleet). The set report form 
provides information on an individual fishing set, including the 
specific latitude and longitude coordinates at which gear was set and 
hauled back, the amount of gear used, and the number and species of 
fish kept, released alive, and discarded dead, and interactions with 
protected species. Each logbook submission includes only one trip form 
but may include numerous set report forms. The weighout slips (50 CFR 
635.5(a)(2)) record the individual carcass weights of fish purchased by 
each individual dealer. These weighout slips containing information on 
weights of fish purchased are typically generated by the

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dealer and provided to the vessel owner/operator, but some vessel 
owner/operators also create these slips. If no fishing trips occurred 
during a given month, the No Fishing Reporting Form is required. The No 
Fishing Reporting Form confirms that vessel owners/operators are not 
fishing, as opposed to not reporting.
    The Southeast Coastal Fisheries Logbook Program (Coastal Fisheries 
logbook) is also used to collect HMS landings information. It is 
primarily used by vessel owners/operators with commercial shark permits 
who do not use pelagic longline gear and by vessel owners/operators 
with permits in the South Atlantic and Gulf of Mexico regions to report 
fishing activity in the Gulf of Mexico reef fish, South Atlantic 
snapper/grouper, coastal migratory pelagic fish (i.e., king and Spanish 
mackerel and cobia), shark, and Atlantic dolphin/wahoo fisheries. The 
Coastal Fisheries logbook is primarily used for bottom longline, 
gillnet, and vertical line (including bandit) gear, but other gear 
types can also be reported here. The Coastal Fisheries logbook has only 
a trip report form, and if selected, vessel owners/operators have to 
complete a trip expense section on the trip report form and/or a 
separate discard form, as described below. Vessel owners/operators are 
also required to indicate if they have not fished for a given month by 
submitting a No Fishing Reporting Form.
    The Coastal Fisheries logbook trip report form includes information 
specific to the trip, such as vessel name and identification number and 
dates of the trip. Unlike the reporting forms in the Atlantic HMS 
logbook, the Coastal Fisheries logbook collects information on the 
gear, location, and species encountered for an entire trip rather than 
on every set of the fishing trip. Gear effort information (e.g., number 
of hooks, lines fished, length of longline) are reported as either 
totals or the average for an entire trip, rather than the specific 
number of hooks or length of line for each set. Vessel owners/operators 
also indicate their fishing area as a four digit code, in accordance 
with a statistical grid map, to indicate where the majority of each 
species was caught. The grid numbers follow lines of latitude and 
longitude. The ``species kept'' is also reported in total weight for 
the entire trip, not in numbers of fish per set like for the Atlantic 
HMS logbook. Economic information, such as the total cost of groceries 
and fuel, is collected on this form and is required for each trip from 
a group of vessel owners/operators representing 20 percent of the 
active fleet randomly selected annually.
    Unlike the Atlantic HMS logbook, the trip form does not record 
information on released or discarded fish or protected species; 
however, vessel owners/operators can write in these observations if 
desired. A separate discard logbook form, specifically for the 
recording of released or discarded fish and protected species, is 
required for approximately 20 percent of those vessel owners/operators, 
selected at random each year. This discard form is also trip based and 
does not have specific location data available for each set. 
Additionally, this logbook form does not provide specific information 
on individual fish that are discarded dead or alive but instead are 
collected as a summary for the entire trip. For each species reported 
on the discard form, vessel owners/operators are required to report the 
following: whether all the fish were discarded dead, most were 
discarded dead, all were discarded alive, most were discarded alive, 
some were kept but not sold (e.g., if they used the fish as bait), or 
the owner/operator was unable to determine which category to check. 
Vessel owners/operators may also report ``no discards,'' indicating 
that no individuals of any species were discarded during the fishing 
trip, when submitting a discard logbook form.
    Both the Atlantic HMS logbook and the Coastal Fisheries logbook are 
administered by the NMFS Southeast Fisheries Science Center (SEFSC) and 
have historically required submission of paper forms. NMFS is currently 
working on creating an electronic reporting system to replace the paper 
logbooks, with the working title of the SEFSC Commercial Electronic 
Logbook. It is expected that, once the electronic logbook system is 
fully developed and implemented, electronic logbook submission would 
replace paper submission. One or more electronic reporting applications 
would be available to vessel owners/operators to transmit the required 
information to the SEFSC Commercial Electronic Logbook. Electronic 
logbook reporting would also allow for the submission of a single 
electronic report that could be used to satisfy overlapping reporting 
requirements of vessels holding permits in multiple regions, as part of 
the NMFS ``One Stop Reporting'' initiative. The South Atlantic Fishery 
Management Council and the Gulf of Mexico Fishery Management Council 
together with the NMFS Southeast Regional Office (SERO) have developed 
a joint FMP amendment that would maintain the reporting requirements 
for commercial vessels through the Coastal Fisheries logbook but 
require electronic submission of reports using available software. The 
joint FMP amendment has been submitted to NMFS for review and action. 
More information on the joint FMP amendment affecting the Coastal 
Fisheries logbook can be found at: https://safmc.net/amendments/dolphin-wahoo-amendment-4/ and at: https://gulfcouncil.org/fishery-management-2/amendments-under-development/.
    Any vessel owner/operator with a permit issued by the NMFS Greater 
Atlantic Regional Fisheries Office (GARFO) is required to submit an 
electronic Vessel Trip Report (eVTR) to report all fish landed and 
discarded, regardless of species. NMFS published a final rule requiring 
reporting via eVTR for commercial and for-hire vessels with GARFO 
permits, which became effective in November 2021 (85 FR 71575, November 
10, 2020). Vessel owners/operators reporting via eVTR have the option 
to choose between multiple electronic reporting applications, including 
GARFO's eVTR applications (e.g., Fish Online), the Standard Atlantic 
Fisheries Information System (SAFIS) electronic trip-level reporting 
(eTRIPS) Mobile and Online applications, and several applications 
offered by private companies, although not all reporting applications 
are approved for all regional permits.
    Most non-HMS vessel owners/operators from Virginia through Maine 
use eVTRs to report their landings. The gear frequently reported via 
eVTR includes trawls, dredges, or gillnet gear, and these vessel 
owners/operators are primarily fishing for non-HMS such as scallops, 
squid, herring, groundfish, skates, and spiny dogfish. Owners/operators 
of vessels that have GARFO permits that require eVTR reporting, in 
addition to their HMS commercial limited access permits, must use the 
eVTR in addition to their Atlantic HMS logbook.
    HMS vessel owners/operators submitting logbooks (50 CFR 
635.5(a)(1)) must enter the required information on a day's fishing 
activities within 48 hours of completing that day's activities or 
before offloading, whichever is sooner, and they must submit the 
logbook form(s) postmarked within 7 days of offloading all HMS. GARFO 
permit holders must complete eVTRs to the extent possible prior to 
entering port and submit within 48 hours of offloading fish. Generally, 
SERO permit holders must submit fishing records to the SEFSC postmarked 
no later than 7 days after the end of each fishing trip.

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    NMFS is considering two suites of alternatives regarding 
implementation of a commercial electronic logbook to replace the 
existing paper commercial Atlantic HMS logbook and the Coastal 
Fisheries logbook. Alternative A1 addresses the format for submission 
of logbooks and associated weighout slips. Alternative A2 addresses the 
timing requirement for logbook submission. Sub-alternatives under these 
alternatives are described below.

Alternative A1. Format for Submission of Logbooks and Associated 
Weighout Slips

    NMFS is proposing, under the preferred Sub-alternative A1b, to 
require owners/operators of vessels with HMS commercial limited access 
permits (i.e., Atlantic Tunas Longline category, shark directed, shark 
incidental, swordfish directed, swordfish incidental, and swordfish 
handgear) to complete and submit logbook reports electronically under 
the SEFSC Commercial Electronic Logbook through an electronic system/
application approved by NMFS for Atlantic HMS reporting. The data 
elements/information collected under the SEFSC Commercial Electronic 
Logbook would remain the same as the status quo, but the questions/
prompts for the information may vary depending on the electronic 
reporting system/application the vessel owner/operator is using. In 
addition, the level of detail for certain required data/information may 
vary based, in part, on the gear type used. In general, relevant set 
level reporting would include the specific latitude and longitude 
coordinates at which gear was set and hauled back, the amount of gear 
used, and the number and species of fish kept, released alive, and 
discarded dead, and protected species interactions. Vessel owners/
operators would be required to provide information on the trip itself, 
such as the start and end dates, the vessel name and identification 
number, which dealers purchased landings, and port information.
    Under preferred Sub-alternative A1b, the current requirement for 
weighout slips (50 CFR 635.5(a)(2)) would not change except for how 
they are submitted to NMFS. Rather than being mailed in, the weighout 
slips would be submitted electronically with the logbook as an uploaded 
file. NMFS would develop an optional standardized weighout slip form 
which vessel owners/operators could choose to utilize in submitting the 
required weighout information with their electronic logbook. Note that 
under preferred Alternative D2 described below, NMFS is also proposing 
that dealers be required to report individual carcass weights for 
additional species. Should NMFS finalize such data collection from both 
vessel weighout slips and dealers, NMFS may evaluate whether sufficient 
information is being collected via dealer reporting to enable the 
discontinuation of collecting individual carcass weights on vessel 
weighout slips at some point in the future. Any such change would be 
considered in a future rulemaking.
    Under this preferred sub-alternative, no change would be made to 
selection of vessel owners with HMS commercial limited access permits 
to complete the cost-earnings portion of the logbook and the Atlantic 
Highly Migratory Species Annual Expenditures form(s) (50 CFR 
635.5(a)(1)).
    Under this preferred sub-alternative, electronic submission of 
logbooks could allow for ``One Stop Reporting'' for vessel owners/
operators that hold some combination of HMS commercial limited access 
permits, SERO permits, and/or GARFO permits. Electronic submission, 
including for weighout slips, also reduces the administrative burden on 
NMFS for logbook processing. Potentially discontinuing the collection 
of individual carcass weights via a weighout slip would shift that 
reporting responsibility from vessel owners/operators to dealers.
    In addition to preferred Sub-alternative A1b, in the RIR and IRFA 
for this action, NMFS also described and analyzed one other sub-
alternative regarding the format for submission of logbooks and 
associated weighout slips. Under the status quo Sub-alternative A1a, 
owners/operators of vessels with HMS commercial limited access permits 
would continue to be required to report their fishing activities in a 
paper logbook and to mail in weighout slips (50 CFR 635.5(a)(1) and 
(2)). For the logbook, they would continue to report via submission of 
paper forms in either the Atlantic HMS logbook or the Coastal Fisheries 
logbook. Vessel owners/operators that hold HMS permits and GARFO 
permits would continue to report via eVTR as well as on paper.

Alternative A2. Timing Requirement for Logbook Submission

    NMFS is proposing, under preferred Sub-alternative A2b, to require 
vessel owners/operators to submit completed electronic logbook reports 
within 7 days of offloading all HMS. This sub-alternative would remove 
the current HMS requirement to enter information into the logbook 
within 48 hours of completing that day's activities or before 
offloading, whichever is sooner (50 CFR 635.5(a)(1)). However, 
communications with vessel owners/operators would still encourage them 
to complete logbooks as soon as possible to reduce recall error. If a 
vessel owner is selected by NMFS to complete the cost-earnings portion 
of the logbook, the owner or operator must likewise submit the cost-
earnings portion of the logbook included in the electronic submission 
of the logbook, within 7 days of offloading all HMS. The requirement 
for submission of the Atlantic Highly Migratory Species Annual 
Expenditures form(s) for selected vessel owners would not change from 
the status quo (50 CFR 635.5(a)(1)).
    The 7-day reporting requirement would be consistent with the status 
quo timing requirement for submission of logbooks in the HMS 
regulations as well as with the timing requirement for submission of 
commercial logbooks by SERO permit holders. The 7-day reporting 
requirement would be less restrictive than the 48-hour GARFO eVTR 
submission requirement, and less restrictive than the 24-hour 
requirement under preferred Sub-alternative B2a below for logbook 
submission by owners/operators of vessels with Atlantic Tunas General 
category permits, Atlantic Tunas Harpoon category permits, Swordfish 
General Commercial permits, and/or HMS Charter/Headboat permits, which 
aligns with the current 24-hour catch reporting requirement for those 
vessels. Vessel owners/operators that hold both HMS commercial limited 
access permits and GARFO permits would continue to follow the 48-hour 
eVTR submission requirement for GARFO permit holders.
    While NMFS would, through communications with vessels, continue to 
encourage vessel owners/operators to complete logbooks as soon as 
possible, removing the HMS 48-hour logbook information entry 
requirement from the regulations would simplify reporting by having a 
single deadline to complete and submit HMS logbook reports, and would 
also better match current practices of vessel owners/operators.
    Additionally, requiring logbook submission on a longer timeframe 
(i.e., within 7 days, as compared to within 24 or 48 hours) gives more 
flexibility to vessel owners/operators to complete reports when they 
have the opportunity. A longer timeframe also allows vessel owner/
operators time to receive information they may need from dealers or 
others, for example, weighout slips. Giving a longer timeframe for 
submission also allows vessel owners/operators time to seek assistance 
they may need in completing their logbooks, for example, from customer 
service associated with electronic logbooks, or

[[Page 72800]]

language assistance from community groups (e.g., Vietnamese and Spanish 
community groups). However, allowing a longer timeframe for logbook 
submission may increase recall error, decrease the accuracy of 
information, and may not allow NMFS to receive and analyze data in a 
timely manner.
    In addition to preferred Sub-alternative A2b, in the RIR and IRFA 
for this action, NMFS also described and analyzed three other sub-
alternatives regarding timing of logbook submission. Sub-alternative 
A2a is the status quo alternative for timing of logbook submission. HMS 
vessel owners/operators submitting logbooks would enter the required 
information on a day's fishing activities within 48 hours of completing 
that day's activities or before offloading, whichever is sooner. The 
vessel owner/operator would submit the logbook report within 7 days of 
offloading all HMS. If a vessel owner is selected by NMFS to complete 
the cost-earnings portion of the logbook, the owner or operator must 
maintain and submit the cost-earnings portion of the logbook no later 
than 30 days after completing offloading for each fishing trip during 
that calendar year and submit the Atlantic Highly Migratory Species 
Annual Expenditures form(s) no later than the date specified on the 
form of the following year (50 CFR 635.5(a)(1)).
    Under Sub-alternative A2c, vessel owners/operators would be 
required to submit completed logbook reports within 48 hours of 
offloading all HMS, including the cost-earnings portion of the logbook 
for selected vessel owners. Under Sub-alternative A2d, vessel owners/
operators would be required to submit completed logbook reports within 
24 hours of offloading all HMS, including the cost-earnings portion of 
the logbook for selected vessel owners. Under both of these sub-
alternatives, the requirement for submission of the Atlantic Highly 
Migratory Species Annual Expenditures form(s) by selected vessel owners 
would not change from the status quo.

B. Electronic Logbook for Atlantic Tunas General Category Permit, 
Atlantic Tunas Harpoon Category Permit, Swordfish General Commercial 
Permit, and HMS Charter/Headboat Permit

Background

    Currently, vessel owners/operators with Atlantic Tunas General or 
Harpoon category permits must call in or electronically report all 
bluefin tuna landings and dead discards to NMFS within 24 hours of 
completing a trip (50 CFR 635.5(a)(4)). Owners/operators of HMS 
Charter/Headboat permitted vessels must call in or electronically 
report all bluefin tuna landings and dead discards, all non-tournament 
landings of Atlantic blue marlin, Atlantic white marlin, roundscale 
spearfish, and Atlantic sailfish, and all non-tournament and non-
commercial landings of North Atlantic swordfish to NMFS within 24 hours 
of completing a trip (50 CFR 635.5(a)(4), (c)(1), and (c)(2)). These 
catch reports can be submitted via the HMS Permits website, an HMS 
Catch Reporting smartphone application, a telephone number designated 
by NMFS, or by other means as specified by NMFS. For telephone landing 
reports, the owner, or the owner's designee, must provide a contact 
phone number so that a NMFS representative can call the vessel owner, 
or the owner's designee, for follow up questions and to confirm the 
reported landing. Regardless of how they are submitted, billfish and 
swordfish landing reports submitted to NMFS are not complete unless the 
vessel owner, or the owner's designee, has received a confirmation 
number from NMFS or a NMFS representative.
    Currently, owners/operators of vessels with Atlantic Tunas General 
category permits, Atlantic Tunas Harpoon category permits, Swordfish 
General Commercial permits, and/or HMS Charter/Headboat permits are 
only required to maintain and submit paper logbook reports, and report 
cost and earnings information, if selected to report in the Atlantic 
HMS logbook (50 CFR 635.5(a)(1)). However, this requirement has not 
been exercised by NMFS for these sectors on an annual basis due to the 
large number of vessel owners that hold these open access permits 
(i.e., 7,043 vessel owners in 2022) compared to vessel owners that hold 
commercial limited access permits (i.e., 225 vessel owners in 2022) and 
the prohibitively large additional administrative burden that paper 
logbook reporting would place on the current Atlantic HMS logbook 
program. Additionally, until the recent implementation of for-hire 
logbook reporting in many fisheries, as described below, the Agency 
(i.e., the National Marine Fisheries Service or NMFS) standard was to 
monitor these fisheries through surveys like the Large Pelagics Survey 
(LPS) and Marine Recreational Information Program (MRIP) surveys, 
described below, and through catch reporting. NMFS has instead selected 
vessel owners in these sectors to participate in one-time logbook 
studies. In 2013, NMFS executed a logbook study to collect cost and 
earnings data on charter vessel and headboat trips targeting HMS, and a 
similar study of the Atlantic Tunas General category was conducted in 
2018.
    Owners/operators of vessels with Swordfish General Commercial 
permits do not currently complete catch or logbook reporting unless 
they also hold an Atlantic Tunas General or Harpoon category permit, or 
a GARFO permit, with associated reporting requirements. Note that the 
majority of Swordfish General Commercial permits are combined with an 
Atlantic Tunas General category or Atlantic Tunas Harpoon category 
permit and thus must follow applicable requirements for those other 
permits.
    Owners/operators of Atlantic Tunas General category, HMS Charter/
Headboat, and HMS Angling permitted vessels are all required, as a 
condition of their permit, to cooperate with the LPS if selected for 
reporting (50 CFR 635.5(f)). The LPS collects information regarding the 
rod and reel fishery directed at large pelagic species (e.g., tunas, 
billfishes, swordfish, sharks, wahoo, dolphin, greater amberjack) in 
the offshore waters from Maine through Virginia from June through 
October. The purpose of the LPS is to collect more precise estimates of 
fishing effort and catch for large pelagic species that are rarely 
encountered in the general MRIP surveys. The LPS includes three 
independent surveys: (1) the Large Pelagics Telephone Survey (LPTS), a 
phone survey that collects fishing effort data from randomly selected 
vessel owners with Atlantic Tunas General category (as well as HMS 
Angling permits); (2) the LPS Add-on to the For-Hire Survey (FHS), 
which collects effort data from randomly selected HMS Charter/Headboat 
permitted vessels; and (3) the Large Pelagics Intercept Survey (LPIS), 
a dockside survey of known offshore fishing access sites, which 
collects catch data from both Atlantic Tunas General and HMS Charter/
Headboat permitted vessels (as well as HMS Angling). These surveys 
provide effort and average catch-per-trip estimates needed to estimate 
total catch by species.
    Unlike vessel owners with Atlantic Tunas General category permits, 
owners of HMS Charter/Headboat permitted vessels report their effort 
data to the FHS, rather than the LPTS, to avoid duplicate reporting 
burden, as most HMS Charter/Headboat vessels also participate in 
Council-managed for-hire fisheries, which are monitored by the FHS. An 
extra series of questions called ``the LPS Add-on'' is asked of vessels 
that report fishing for HMS to collect

[[Page 72801]]

HMS specific data that is needed for LPS effort and catch estimation. 
Similar to the LPTS, the FHS is also a telephone survey.
    Any vessel owner/operator with a permit issued by GARFO is required 
to submit an eVTR to report all fish kept and discarded, regardless of 
species or location of fishing, within 48 hours of completing a trip. 
Most non-HMS commercial and for-hire vessel owners/operators from 
Virginia through Maine use eVTRs to report their landings. Unlike the 
Atlantic HMS logbook and the Coastal Fisheries logbook, the eVTR is 
used by GARFO permitted commercial vessel owners/operators and by for-
hire charter/headboat vessel owners/operators. Since March 2018, vessel 
trip reports are required by all vessels in Mid-Atlantic fisheries 
possessing their regional for-hire permits. Similar logbook reporting 
requirements were implemented in New England for-hire fisheries in 
November 2021.
    GARFO eVTRs include trip-level information, gear information, 
location by both grid and latitude and longitude coordinates, and, for 
commercial trips, the weight of each species kept or discarded. There 
is no indication of whether the discards are alive or dead. An entry 
must be filled out when the vessel owner/operator moves to a new area 
or uses a different gear.
    From 2000 through 2015, vessel owners/operators reporting via GARFO 
VTR were required to submit a monthly no-fishing report if they did not 
fish. These no-fishing reports are no longer required by GARFO. The 
final rule stated that NMFS no longer needed no-fishing reports in 
those fisheries due to improved trip-level matching and, therefore, 
removed the requirement to simplify the regulations and reduce 
reporting burdens for the industry (80 FR 51754, August 26, 2015).
    The Southeast Regional Headboat Survey (SRHS) began requiring 
electronic submission in 2013. In January 2021, electronic logbook 
reporting requirements were implemented for South Atlantic and Gulf of 
Mexico for-hire vessels not covered by the SRHS reporting requirement. 
On February 23, 2023, the United States Court of Appeals for the Fifth 
Circuit set aside the final rule (85 FR 44005, July 21, 2020) 
implementing the Southeast For-Hire Integrated Electronic Reporting 
(SEFHIER) program in the Gulf of Mexico. This means the SEFHIER program 
for the Gulf of Mexico is currently not in effect; all other for-hire 
reporting programs in the Gulf of Mexico remain in effect (e.g., SRHS 
and HMS Charter/Headboat catch reporting). The Gulf of Mexico Fishery 
Management Council convened an Ad hoc Charter For-hire Data Collection 
Advisory Panel beginning in 2024, charged with, among other things, 
providing Gulf-wide stakeholder insight on the development of a new 
electronic data collection program for the federally permitted charter 
vessel and headboat components. The report of the first meeting of the 
Ad hoc Charter For-hire Data Collection Advisory Panel can be found at: 
https://gulfcouncil.org/wp-content/uploads/AdHocCharterForHireAP_meeting-summary_1_16_24.pdf. Information on 
development of an FMP amendment can be found at: https://gulfcouncil.org/fishery-management-2/amendments-under-development/.
    South Atlantic federally permitted for-hire permit holders are 
required to submit electronic logbooks weekly and are required to 
submit reports for each trip that include details on fishing effort, 
catch, including fish retained and released for all species, and 
economic information. South Atlantic federally permitted for-hire 
permit holders must submit a no-fishing report on weeks when no for-
hire fishing activity takes place. Headboat owners in the South 
Atlantic and Gulf reporting to the SRHS submit reports on a weekly 
basis.
    For-hire vessels have the option to choose between multiple 
electronic reporting applications, including GARFO's eVTR applications 
(e.g., Fish Online), the Standard Atlantic Fisheries Information System 
(SAFIS) electronic trip-level reporting (eTRIPS) Mobile and Online 
applications, and several applications offered by private companies, 
although not all reporting applications are approved for all regional 
permits. Currently, data elements necessary to meet HMS catch reporting 
requirements for recreational landings of bluefin tuna, billfish, and 
swordfish have been integrated into eTRIPS Mobile and eTRIPS Online 
software applications. The eTRIPS Mobile application allows for ``One 
Stop Reporting'' capabilities (outside of the SRHS).
    NMFS is considering three suites of alternatives regarding 
implementation of an electronic logbook requirement for vessel owners/
operators that hold an Atlantic Tunas General category permit, Atlantic 
Tunas Harpoon category permit, Swordfish General Commercial permit, 
and/or HMS Charter/Headboat permit. Alternative B1 addresses electronic 
logbook requirements for these permit categories. Alternative B2 
addresses the timing requirement for electronic logbook submission. 
Alternative B3 addresses cost and earnings information. Sub-
alternatives under these alternatives are described below.

Alternative B1. Electronic Logbook Requirements

    NMFS is proposing, under preferred Sub-alternative B1c, to expand 
species and trip reporting requirements via electronic logbook for 
vessel owners/operators with Atlantic Tunas General category, Atlantic 
Tunas Harpoon category, Swordfish General Commercial, and/or HMS 
Charter/Headboat permits. Vessel owners/operators would report through 
an electronic system/application approved by NMFS for Atlantic HMS 
reporting. Similar to the paper commercial Atlantic HMS logbook, the 
electronic logbook under this sub-alternative would require reporting 
on all trips, regardless of whether fish were caught, and would collect 
information on all species, not only on HMS. Accordingly, electronic 
logbook information collection would include reporting of the number 
and species of all fish kept/landed, discarded dead, and released 
alive. As with the Atlantic HMS logbook, Coastal Fisheries logbook, and 
the GARFO eVTR, this electronic logbook program would also collect 
information on fishing location, such as latitude and longitude 
coordinates associated with primary fishing location. This electronic 
logbook program would require no-fishing reports on a monthly basis for 
months in which no fishing activity took place.
    Electronic logbook reporting under preferred Sub-alternative B1c 
would be for all trips, including trips taken by an Atlantic Tunas 
General category, Swordfish General Commercial, and/or HMS Charter/
Headboat permitted vessel when participating in a tournament. Vessel 
owners/operators would indicate in the logbook which trips were 
associated with a tournament.
    Implementation of an electronic logbook program would place 
additional burden on vessel owners/operators, as well as additional 
administrative burden on NMFS (although less administrative burden than 
implementing a paper logbook program). However, the electronic logbook 
program would have a number of benefits and is expected to improve 
conservation and management, as described below.
    Currently, vessel owners/operators in these sectors are only 
reporting catches of certain HMS, as described above. Limiting 
reporting to only certain HMS allows other species to be caught but not 
reported. This limited reporting could reduce future management

[[Page 72802]]

effectiveness, as events such as HMS range expansion, shark or other 
predator depredation, or developing fisheries for HMS, would be 
overlooked in the data system. This would hinder NMFS' ability to 
modify managed species in response to environmental, social, or 
economic changes that may occur in the future. Only reporting some 
species may also undermine efforts by NMFS to fully understand fishing 
operations, and the ability to assess the impacts of potential 
management actions.
    Further, electronic logbook data would enable near real-time 
monitoring of catch, which can lead to more effective application of 
seasonal closures and retention limit changes that occur during fishing 
seasons. This data collection would also facilitate the development of 
new indicators of relative abundance for Atlantic tunas and improve the 
precision of existing indicators. For example, reporting all trips 
would provide the necessary information to determine catch-per-unit-
effort in the bluefin tuna fishery, or other tuna fisheries, for the 
gear types fished with these permits. The electronic logbook program 
would allow NMFS to report more detailed effort and catch data to the 
International Commission for the Conservation of Atlantic Tunas 
(ICCAT), which could potentially contribute to improved stock 
assessments and management strategy evaluation (MSE) that determines 
total allowable catch levels and inform quota allocation and other 
conservation and management decisions. Information on the spatial and 
temporal distributions of fish and fishing effort from electronic 
vessel reporting would facilitate efforts to understand the efficacy of 
fishing regulations and evaluate alternative management actions. 
Collection of information on primary fishing location would also 
facilitate numerous analyses regarding the distribution of these 
fisheries. Such information could help inform stock assessments, 
economic analyses, impact assessments for offshore developments such as 
offshore wind and aquaculture, impacts of marine monuments, management 
decisions related to climate impacts, or other changes in spatial 
management.
    The requirement to submit no-fishing reports on a monthly basis for 
months in which no fishing activity took place would be similar to what 
is currently required for the commercial paper Atlantic HMS logbook 
(see 50 CFR 635.5(a)(1)). The SEFHIER program in the South Atlantic 
requires no-fishing reports on a weekly basis. GARFO permit holders are 
not required to submit no-fishing reports. No-fishing reports are a 
significant aid for facilitating regular compliance checks, as it is 
difficult to ascertain if a lack of reports over a given time period 
was due to non-compliance or the simple absence of fishing effort. No-
fishing reports are especially important in instances where there are 
no corresponding dealer reports and no pre-trip notifications, such as 
for vessels with HMS Charter/Headboat permits on non-commercial trips.
    Submitting all required reports is currently a requirement in order 
to renew any HMS permit (see 50 CFR 635.4(m)). In order to renew an HMS 
limited access permit, NMFS confirms the vessel owner's compliance with 
all logbook requirements. The same reporting compliance check is 
difficult to undertake for vessel owners renewing HMS open access 
permits (e.g., Atlantic Tunas General category, Atlantic Tunas Harpoon 
category, Swordfish General Commercial, HMS Charter/Headboat), because 
there is no mandatory, comprehensive logbook requirement. The 
requirement to submit no-fishing reports would also contribute to NMFS' 
ability to carry out compliance checks in consideration of issuing 
permits. These compliance checks are not currently done for open access 
permit renewals because, in the absence of a logbook program that 
includes reporting on every trip and no-fishing reports, there would 
not be a way to routinely determine whether vessel owners were not 
reporting, not fishing, or fishing but not catching HMS.
    Regarding the relationship between an electronic logbook program 
and fishing surveys, a logbook program would have the benefit of 
providing more detailed effort and catch data than what are currently 
collected by the LPS. Following a period of overlapping data collection 
to facilitate calibration of the catch data time series, this logbook 
could allow owners/operators of Atlantic Tunas General category 
permitted vessels to be exempted from participation in the LPTS and 
minimize their participation in the dockside LPIS to a simple 
validation survey. The latter may not even be needed for the General 
category as their commercial catch could also be validated with dealer 
landings data.
    Effort data reported via an electronic logbook could be used to 
substitute for effort data that HMS Charter/Headboat vessel owners/
operators would otherwise be required to report to the FHS. NMFS is 
already using eVTR data for this purpose to exempt for-hire vessels 
with Council permits from reporting to the FHS to minimize the 
redundant reporting burden. HMS Charter/Headboat vessel operators would 
need to participate in dockside surveys, such as through the LPIS or 
through the Access Point Angler Intercept Survey (APAIS), which could 
serve as a validation check for logbook reported data. A proposal has 
already been put forward by the Atlantic Coast Cooperative Statistics 
Program for MRIP certification to use the APAIS as a validation survey 
of for-hire logbook data collected in the Atlantic.
    The requirement to report on all trips, regardless of whether fish 
were caught, and to report all species, would be consistent with the 
current commercial Atlantic HMS logbook and with requirements for GARFO 
commercial and for-hire permit holders and SERO South Atlantic for-hire 
permit holders.
    In addition to preferred Sub-alternative B1c, in the RIR and IRFA 
for this action, NMFS also described and analyzed two other sub-
alternatives regarding reporting requirements for vessel owners/
operators that hold an Atlantic Tunas General category permit, Atlantic 
Tunas Harpoon category permit, Swordfish General Commercial permit, 
and/or HMS Charter/Headboat permit. Sub-alternative B1a is the status 
quo alternative for catch reporting for these permits. NMFS would 
maintain existing electronic catch reporting for vessel owners/
operators with Atlantic Tunas General and Harpoon category permits 
through an electronic system/application approved by NMFS for Atlantic 
HMS reporting (currently, the HMS Permits website or the HMS Catch 
Reporting smartphone application) or reporting via telephone. NMFS 
would require reporting of bluefin tuna landings and dead discards 
only, and vessel owners/operators would only report on trips where 
bluefin tuna are caught. NMFS would also maintain existing electronic 
reporting for owners/operators of HMS Charter/Headboat permitted 
vessels through an electronic system/application approved by NMFS for 
Atlantic HMS reporting (currently, the HMS Permits website or the HMS 
Catch Reporting smartphone application), reporting via telephone, or by 
other means as specified by NMFS (currently eTRIPS and State catch 
cards). Owners/operators of HMS Charter/Headboat permitted vessels 
would report all bluefin tuna landings and dead discards, all non-
tournament landings of Atlantic blue marlin, Atlantic white marlin, 
roundscale spearfish, and Atlantic sailfish, and all non-tournament and 
non-commercial landings of North Atlantic swordfish. Sub-alternative 
B1b would be the same as Sub-alternative B1a with the

[[Page 72803]]

exception of removing the option to report via telephone.

Alternative B2. Timing Requirement for Electronic Logbook Submission

    Alternative B2 only applies if implementing an electronic logbook 
under preferred Sub-alternative B1c above. The following sub-
alternatives consider the timing requirement for submission of an 
electronic logbook.
    NMFS is proposing, under preferred Sub-alternative B2a, to require 
vessel owners/operators with Atlantic Tunas General category, Atlantic 
Tunas Harpoon category, Swordfish General Commercial, and/or HMS 
Charter/Headboat permits to submit completed electronic logbooks within 
24 hours of the end of a trip. This sub-alternative would maintain the 
24-hour catch reporting requirement that vessel owners/operators 
currently follow but would expand the amount of information they may be 
submitting after each trip.
    Requiring logbook submission within 24 hours would allow NMFS to 
receive and analyze data in the shortest timeframe (compared to 48 
hours or 7 days). In addition, it could improve some aspects of data 
quality and accuracy by reducing recall bias and reducing uncertainty 
associated with these data when used in science or management 
applications. It could also expedite data availability for fisheries 
management purposes. Apart from considerations for other fisheries, 
reporting within 24 hours facilitates faster management actions (e.g., 
inseason closures, retention limit changes, etc.) in response to the 
availability of bluefin tuna on fishing grounds. This preferred sub-
alternative would maintain the 24-hour reporting deadline for bluefin 
tuna while providing for a single timing requirement for all logbook 
submissions. Having more than one reporting deadline under this logbook 
would make the regulations more complex both for vessel owners/
operators and for enforcement.
    However, a 24-hour timeframe to report may result in vessel owners/
operators having to go back and update reports with ancillary 
information more frequently than if they had longer to report. 
Requiring logbook submission on a longer timeframe (i.e., longer than 
24 hours), on the other hand, gives more flexibility to vessel owners/
operators to find time to complete reports. Giving a longer timeframe 
for submission also allows vessel owners/operators time to seek 
assistance they may need in completing their logbooks, for example, 
from customer service associated with electronic logbooks, or language 
assistance from community groups. For completion of this proposed 
electronic logbook however, extra time beyond 24 hours for flexibility 
and assistance may not be needed because trips taken by these vessels 
are typically shorter and with much less catch compared to vessels with 
HMS commercial limited access permits, and therefore reporting is 
expected to be less complex and take less time.
    Some GARFO and SERO South Atlantic for-hire vessel owners/operators 
possess HMS Charter/Headboat permits in case of incidental HMS catch. 
Given that preferred Sub-alternative B2a would be more restrictive than 
the reporting requirements for GARFO commercial or for-hire permit 
holders, or for SERO South Atlantic for-hire permit holders, these 
permit holders may decide to drop their HMS permits to avoid the extra 
reporting burden. While losing these permit holders and their data 
could have some minor negative effects on NMFS' ability to monitor HMS 
fisheries in a timely manner, it is more likely that permit holders who 
drop their HMS permits were not fishing for HMS. Any negative effects 
would be offset by the positive effects of having more timely data on 
all species caught by owners/operators who actively fish for HMS.
    In addition to preferred Sub-alternative B2a, in the RIR and IRFA 
for this action, NMFS also described and analyzed three other sub-
alternatives regarding timing of electronic logbook submission. Under 
Sub-alternative B2b, vessel owners/operators would be required to 
submit completed electronic logbooks within 48 hours of the end of a 
trip. Under Sub-alternative B2c, for trips with bluefin tuna landings 
or dead discards, vessel owners/operators would be required to submit 
completed electronic logbooks within 24 hours of the end of a trip. For 
trips with no bluefin tuna landings or dead discards, vessel owners/
operators would be required to submit completed electronic logbooks 
within 48 hours of the end of a trip. Under Sub-alternative B2d, for 
trips with bluefin tuna landings or dead discards, vessel owners/
operators would be required to submit completed electronic logbooks 
within 24 hours of the end of a trip. For trips with no bluefin tuna 
landings or dead discards, vessel owners/operators would be required to 
submit completed electronic logbooks within 7 days of the end of a 
trip.

Alternative B3. Cost and Earnings Information

    NMFS is proposing, under preferred Sub-alternative B3c, to require 
all vessel owners/operators with Atlantic Tunas General category, 
Atlantic Tunas Harpoon category, Swordfish General Commercial, and/or 
HMS Charter/Headboat permits to submit cost and earnings information 
for each trip through the completion of a cost-earnings portion in the 
electronic logbook. This requirement would follow the timing 
implemented under Alternative B2 in order to maintain one timeline for 
reporting and facilitate compliance monitoring. Examples of cost 
information collected in the electronic logbook could include, but are 
not limited to, fuel, bait, ice, groceries, and payouts to crew and 
captains. Earnings information collected in the electronic logbook 
could include trip sales or trip fare.
    Additionally, under this preferred sub-alternative, vessel owners/
operators would be selected by NMFS to submit additional cost and 
earnings information via an annual survey. NMFS would likely select no 
more than 20 percent of vessel owners/operators, similar to the current 
selection percentage for cost and earnings reporting under the logbook 
for vessel owners/operators with HMS commercial limited access permits. 
This selection rate should provide NMFS with a representative sample of 
the HMS fishery as a whole. Examples of expenditures collected in the 
additional annual survey could include, but are not limited to, repair 
and maintenance expenses, fishing supplies, drydock expenses, equipment 
costs, insurance, boat dockage, fishing licenses and permits, vessel 
boat loan payments, relocation expenses, business taxes, and office 
expenses.
    Reporting cost and earnings information on all trips would be 
consistent with the electronic reporting requirements for vessel owner/
operators with Federal for-hire permits in the South Atlantic. Detailed 
economic data, collected in real time, would enhance NMFS' ability to 
understand how these sectors are impacted when regulatory change is 
considered. These data would be used in cost-benefit and economic 
impact analyses for actions and amendments that propose regulatory 
changes. Additionally, improved characterization of costs and earnings 
for these sectors would allow NMFS to better monitor the economic 
health of the industry over time and facilitate economic recovery from 
fishery disasters. For efficiency and to ease

[[Page 72804]]

reporting burden, some of these data may be collected by a sample of 
the fleet via an additional annual survey (e.g., boat payments, 
equipment costs, insurance), as is proposed here. However, if preferred 
Sub-alternative B2a is implemented, collecting cost and earnings 
information for each trip would add to the information that vessel 
owners/operators would need to report within 24 hours after a trip.
    In addition to preferred Sub-alternative B3c, in the RIR and IRFA 
for this action, NMFS also described and analyzed two other sub-
alternatives regarding cost and earnings information. Sub-alternative 
B3a is the status quo alternative for collection of cost and earnings 
information. The existing regulation at Sec.  635.5(a)(1) states that 
NMFS may select the owner of an HMS charter/headboat vessel, Atlantic 
tunas vessel, or swordfish vessel, among others, to report in a logbook 
and complete the cost and earnings portion of the logbook. Vessel 
owners/operators are currently required to report cost and earnings 
information for each trip within 30 days, if selected by NMFS for that 
calendar year. Selected vessel owners/operators would also submit 
annual expenditure information. This status quo requirement to report 
in logbooks, including completion of the cost-earnings portion, 
although in the regulations, has not been exercised by NMFS on a 
regular basis for vessel owners with open access commercial or HMS 
Charter/Headboat permits, as described above. In contrast, cost and 
earnings information is regularly collected from vessel owners with HMS 
commercial limited access permits as described under the A alternatives 
above. Under Sub-alternative B3b, vessel owners/operators selected by 
NMFS for a given calendar year would submit cost and earnings 
information only via an annual survey, rather than through post-trip 
logbook submissions. An annual survey would include questions on the 
costs and earnings for a typical trip but would not provide as complete 
data as if all vessel owners/operators were reporting some information 
on every trip.

C. HMS Angling Permit Reporting Requirements

Background

    Currently, HMS Angling permitted vessels must report all bluefin 
tuna landings and dead discards, as well as all non-tournament landings 
of Atlantic blue marlin, Atlantic white marlin, roundscale spearfish, 
Atlantic sailfish, and North Atlantic swordfish to NMFS within 24 hours 
of the landing (50 CFR 635.5(c)). These catch reports can be 
electronically submitted via the HMS Permits website or an HMS Catch 
Reporting smartphone application, a telephone number designated by 
NMFS, or by other means as specified by NMFS. For telephone landing 
reports, the owner, or the owner's designee, must provide a contact 
phone number so that a NMFS representative can call the vessel owner, 
or the owner's designee, for follow up questions and to confirm the 
reported landing. Regardless of how catch reports are submitted, 
billfish and swordfish landing reports submitted to NMFS are not 
complete unless the vessel owner, or the owner's designee, has received 
a confirmation number from NMFS or a NMFS representative (50 CFR 
635.5(c)(2)).
    NMFS is considering four alternatives regarding reporting 
requirements for vessel owners with an HMS Angling permit, as described 
below.

Alternative C2. Remove the Option to Report Via Telephone

    NMFS is proposing, under preferred Alternative C2, to largely 
maintain the status quo reporting requirements, with the exception of 
removing the option to report via telephone. Vessel owners with HMS 
Angling permits would be required to report all bluefin tuna landings 
and dead discards, and non-tournament landings of billfish and 
swordfish. These catch reports can be submitted through an electronic 
system/application approved by NMFS for Atlantic HMS reporting 
(currently, the HMS Permits website or the HMS Catch Reporting 
smartphone application).
    Removing telephone reporting would modernize and streamline the 
reporting system. Additionally, this switch would relieve the Agency of 
the administrative time and cost of receiving and returning phone calls 
and voicemails. While there may be individuals who prefer to report via 
telephone and would need to change their current practices to report 
electronically, most reports are currently received using the website 
or smartphone application. For example, in 2022, over 90 percent of 
reports were submitted via electronic reporting system.

Other Alternatives Analyzed (C1, C3, and C4)

    In addition to preferred Alternative C2, in the RIR and IRFA for 
this action, NMFS also described and analyzed three other alternatives 
regarding reporting requirements for vessel owners with an HMS Angling 
permit. Alternative C1 is the status quo alternative under which vessel 
owners would be required to report all bluefin tuna, billfish, and 
swordfish landings and bluefin tuna dead discards (50 CFR 635.5(c)). 
These catch reports can be submitted through an electronic system/
application approved by NMFS for Atlantic HMS reporting (currently, the 
HMS Permits website or the HMS Catch Reporting smartphone application), 
a telephone number designated by NMFS, or by other means as specified 
by NMFS. Alternative C3 would require the owner of an HMS Angling 
permitted vessel to report all pelagic shark (i.e., blue, porbeagle, 
common thresher, and, if and when allowed, shortfin mako sharks) 
landings, in addition to the status quo. Alternative C4 would require 
the owner of an HMS Angling permitted vessel to report all BAYS tunas 
landings, in addition to the status quo. Both of these alternatives 
would result in more comprehensive reporting of species landed in the 
HMS recreational sector compared to the status quo, including 
additional species that are reported to ICCAT. However, these 
additional species would likely increase reporting complexity, increase 
the time burden associated with reporting, and potentially increase the 
frequency of reporting. Management needs for such detailed reporting 
may be premature considering the additional reporting burden.

D. HMS Dealer Reporting: Individual Fish Reports and Technical Change 
in Bluefin Tuna Reporting Requirements

Background

    Landing weight and price for most HMS are collected from dealer 
reports submitted electronically from dealers residing in Maine through 
Texas, including the U.S. Caribbean. All HMS dealer reports are 
submitted on an individual trip basis, with dealers providing 
information on the weight and price of HMS purchased from U.S. fishing 
vessels (50 CFR 635.5(b)). In some cases, mostly for ICCAT-managed 
species such as swordfish and tunas, dealers may report the weight and 
price information for each individual fish instead of an aggregate 
weight for a given species. In the case of bluefin tuna, dealers are 
currently required to report individual fish weights.
    As a quality control measure, NMFS regularly cross-validates the 
weight of fish and the purchase dates provided in dealer reports with 
vessel logbook trip information, including the weighout slips, to 
ensure all fish are accounted for in these fisheries that are required 
to submit this information. Where available, when discrepancies are 
found between the dealer reports, logbook, and

[[Page 72805]]

weighout slips, NMFS works to ensure the fish are correctly entered in 
the appropriate dealer reporting system and in the logbook. Similarly, 
for bluefin tuna, information in the dealer landings dataset is 
compared to the open access vessel catch report dataset for quality 
assurance.
    Currently, dealers with Atlantic tunas dealer permits must submit a 
complete bi-weekly report on forms available from NMFS for bluefin tuna 
received from U.S. vessels (50 CFR 635.5(b)(2)(i)(B)). For bluefin tuna 
received from U.S. vessels on the 1st through the 15th of each month, 
the dealer must submit the bi-weekly report form to NMFS, to be 
received by NMFS, no later than the 25th of that month. Reports of 
bluefin tuna received on the 16th through the last day of each month 
must be received by NMFS no later than the 10th of the following month.
    NMFS is considering four alternatives regarding individual fish 
reports by HMS dealers and/or bluefin tuna reporting requirements, with 
two preferred, as described below.

Alternative D2. Expand Individual Fish Reports to BAYS Tunas, 
Swordfish, and Pelagic Sharks

    NMFS is proposing, under preferred Alternative D2, to require 
Federal HMS dealers to report individual fish weights for BAYS tunas, 
swordfish, and pelagic sharks listed under heading C of Table 1 of 
appendix A to this part (i.e., blue, porbeagle, common thresher, and, 
if and when allowed, shortfin mako sharks), in addition to bluefin tuna 
on their dealer reports.
    Currently, dealers have flexibility to report according to their 
business practices, so some reports are at the individual fish level 
and some reports are at the aggregate weight level for fish that are 
all of the same species, quality, and price. Most non-bluefin tuna 
dealer reports provide an aggregate species weight instead of an 
individual weight for each fish. Dealer reports also include varying 
specificity in gear type information. In addition to dealer reports, 
currently, dealers typically generate individual fish weight 
information on weighout slips and share that information with vessel 
owners/operators. Vessel owners/operators required to report in the 
Atlantic HMS logbook, in turn, submit the weighout slips with their 
logbook submissions, where it is associated with the gear type utilized 
and other information in their logbook report. The submitted individual 
fish weight information currently covers the HMS gear types that report 
in the Atlantic HMS logbook, i.e., primarily vessels using pelagic 
longline gear or other gears targeting swordfish and tunas, and this 
information is currently used in ICCAT stock assessments and economic 
analyses. However, current size samples (for species other than bluefin 
tuna) from HMS fisheries are not representative of all HMS catches 
because not all HMS fisheries occurring in all geographic ranges (e.g., 
fisheries pursued under HMS open access permits) are required to report 
individual fish size of their catches. Requiring HMS dealers to report 
individual carcass weights for BAYS tunas, swordfish, and pelagic 
sharks expands data available for use in stock assessments, which could 
result in reducing the uncertainty of the assessment results. It also 
expands data available to estimate revenue for economic analyses of 
these fisheries.
    State of the art stock assessment models, including those utilized 
by ICCAT, use individual fish size (size samples) as part of the 
necessary input data. Size samples from different fisheries that are 
representative of the catches are important to reduce the uncertainty 
in stock assessment results. Age structure models also required that 
the size samples be expanded to create a size distribution of the 
entire catch (i.e., catch-at-size). Scientists also use size samples to 
estimate gear size selectivity (i.e., the range of fish sizes caught by 
a particular gear). When size samples from a particular gear are not 
available, scientists have to mirror the size selectivity from another 
gear to the gear missing the size samples, and this could bias the 
stock assessment results. In addition, size samples allow scientists to 
identify strong recruitment or recruitment failure events.
    The way individual fish weight data are used in stock assessments 
can be illustrated for bluefin tuna. Currently and for the past 45 
years, HMS dealers and vessel owners/operators have been required to 
report individual carcass information for all commercially landed 
Atlantic bluefin tuna (electronic reporting has been required since 
2016). Bluefin tuna are the only HMS that are tagged by dealers when 
landed, which provides the most precise way to identify individual fish 
across data streams. These requirements provided fishery scientists 
with unique high-quality data that contributed to the stock assessments 
of western Atlantic bluefin tuna. More specifically, since individual 
fish are reported by HMS vessel owners/operators and carcass weights of 
all commercially landed bluefin tuna were collected and reported by HMS 
dealers, scientists were not required to use a limited number of size 
samples to estimate the total catch-at-size of the landings. Therefore, 
the catch-at-size from bluefin tuna U.S. commercial landings was 
considered to be accurate. In addition, these data allowed ICCAT 
assessment scientists to estimate gear size selectivity for all of the 
U.S. bluefin tuna commercial fisheries without the need to apply any 
substitutions. This resulted in ICCAT stock assessment results with 
lower uncertainties. These size data were also used to monitor the 2003 
strong year class and allowed ICCAT to develop management measures in 
part due to that strong year class, including a higher total allowable 
catch. Finally, the U.S. high quality data that are a result of the 
reporting of individual carcass weights were instrumental in the 
development and adoption by ICCAT of the first western Atlantic bluefin 
tuna MSE, which is considered a state of the art approach for the 
management of fish stocks.
    Under preferred Sub-alternative B1c, NMFS would expand species and 
trip reporting requirements via electronic logbook for vessel owners/
operators with Atlantic Tunas General category, Atlantic Tunas Harpoon 
category, Swordfish General Commercial, and/or HMS Charter/Headboat 
permits. This logbook would provide data for additional gear types 
that, taken together with individual fish weights through dealer 
reports, would approach the finer resolution of data that NMFS 
currently collects for bluefin tuna, to be used in stock assessments 
and other applications described above. Given that ICCAT stock 
assessments rely on fishery indices from individual countries, NMFS 
expects that finer resolution in the U.S. size frequency distributions 
will result in improved stock assessments for non-bluefin tuna 
fisheries overall, and thus better-informed ICCAT management measures 
in the future. Collecting individual fish weights through dealer 
reporting, in combination with logbook reporting for vessels with these 
permits, would also improve revenue estimates for economic analyses of 
these fisheries, for example, when analyzing economic impacts of 
spatial restrictions on fisheries.
    As described under preferred Sub-alternative A1b, weighout slip 
submission would continue under the SEFSC Commercial Electronic 
Logbook. After collecting data from both vessel weighout slips and 
dealers, NMFS may consider in the future whether sufficient information 
is being collected via dealer reporting before deciding whether to 
discontinue collection of individual carcass weights on weighout slips.

[[Page 72806]]

Alternative D4. Remove the Requirement To Submit a Bi-Weekly Report for 
Bluefin Tuna

    Under preferred Alternative D4, Atlantic tunas dealers would no 
longer be required to submit a bi-weekly report for bluefin tuna. The 
information submitted via the bi-weekly report is already collected 
under other bluefin tuna reporting requirements at Sec.  
635.5(b)(2)(i)(A). This preferred alternative would reduce the 
reporting burden for Atlantic tunas dealers and administrative burden 
on NMFS.

Other Alternatives Analyzed (D1 and D3)

    In addition to the above preferred alternatives, in the RIR and 
IRFA for this action, NMFS also described and analyzed two other 
alternatives regarding HMS dealer reporting requirements. Alternative 
D1 is the status quo alternative for Federal HMS dealer reporting. 
Currently, dealers are required to report individual fish weights only 
for bluefin tuna. For other species (i.e., swordfish, BAYS tunas, 
sharks), dealers may report individual fish weights or they may report 
an aggregate weight for a given species. Currently, dealers with 
Atlantic tunas dealer permits must also submit a complete bi-weekly 
report on forms available from NMFS for bluefin tuna received from U.S. 
vessels.
    Under Alternative D3, dealers buying fish landed from vessels whose 
owners/operators are submitting weighout slips with their logbook 
reporting (i.e., owners/operators that report in the Atlantic HMS 
logbook, or that would report in the SEFSC Commercial Electronic 
Logbook under preferred Sub-alternative A1b) would not be required to 
report swordfish, BAYS tunas, and pelagic shark species individually on 
Federal dealer reports. Dealers would only be required to report these 
species individually, when buying fish landed from vessels whose owner/
operators do not submit weighout slips (i.e., owners/operators of 
vessels with an Atlantic Tunas General category permit, Atlantic Tunas 
Harpoon category permit, Swordfish General Commercial permit, and/or 
HMS Charter/Headboat permit). Note that under this alternative, the 
Agency would need to maintain the weighout slip requirement for vessel 
owners/operators reporting in the SEFSC Commercial Electronic Logbook 
and the associated burden on the Agency to enter data received via 
weighout slip.
Miscellaneous Regulatory Changes and Related Rulemaking
    NMFS is proposing to restructure some paragraphs of the HMS 
reporting regulations in Sec.  635.5, including modifying paragraph 
headings, to implement the above proposed regulatory changes and 
clarify the existing regulations. For example, NMFS is proposing to 
include all reporting requirements for owners/operators of vessels with 
HMS Charter/Headboat permits under Sec.  635.5(a), rather than both 
Sec.  635.5(a) and (c) as they are currently. NMFS is also proposing to 
move the existing chartering arrangement regulations at Sec.  
635.5(a)(5) to the more applicable section of the regulations under 
Sec.  635.32(e).
    NMFS is proposing to clarify some of the existing reporting 
regulations, including by stating that logbook reporting, currently 
under Sec.  635.5(a)(1), includes the disposition of fish caught. NMFS 
would clarify which species need individual weights reported in the 
weighout slip, currently under Sec.  635.5(a)(2). NMFS would clarify 
that Sec.  635.5(a)(6) refers to vessel monitoring system (VMS) and 
individual bluefin tuna quota (IBQ) reporting requirements. In 
addition, NMFS would clarify that the requirement for dealers to 
inspect a vessel's permit applies to all HMS landings received by the 
dealer (under Sec.  635.5(b)(1)(i)), and not only for bluefin tuna, and 
that, in both cases, dealers collect the vessel number rather than the 
permit number. NMFS would also adjust the deadline for modifying dealer 
reports under Sec.  635.5(b)(1)(ii) from 30 days to 120 days after the 
report is submitted, in order to align with current practices as well 
as the operational deadline of other State and Federal dealer reporting 
programs. NMFS is proposing to clarify that the confirmation number 
required for recreational reporting (see 50 CFR 635.5(c)(2)) is 
required for bluefin tuna as well as swordfish and billfish and could 
also be a unique identifier for the report (e.g., a vessel trip report 
number), as not all electronic reporting systems provide a confirmation 
number. NMFS would clarify that alternative recreational catch 
reporting methodologies under Sec.  635.5(c)(3) include online 
reporting. NMFS is also proposing to add cross-references to Sec.  
635.5 that were missing from the prohibitions at Sec.  635.71(a)(25) 
and (b)(26). Other proposed regulatory changes include updating cross-
references to paragraphs of Sec. Sec.  635.5 and 635.32 according to 
the restructured regulations mentioned above and using the abbreviation 
``BFT'' for ``bluefin tuna'' to be consistent across regulations. These 
clarifications and corrections would improve the administration and 
enforcement of HMS regulations and are consistent with the intent of 
this action as well as previously analyzed and approved management 
measures.
    NMFS is also proposing to remove vessel owners in the squid trawl 
fishery and vessel owners with Federal commercial smoothhound permits 
from potential logbook and cost-earnings reporting under Sec.  
635.5(a)(1) and (2). Consistent with the decision in Amendment 9 to the 
2006 Consolidated HMS FMP, vessel owners with Federal commercial 
smoothhound permits have not been selected for HMS logbook reporting to 
date. Vessel owners in the squid trawl fishery report to GARFO as do 
vessel owners with Federal commercial smoothhound permits who also hold 
GARFO permits (approximately 60 percent). Catch data from these 
fisheries are also collected through dealer reporting. No longer 
referring to these permits will further clarify the intent of these 
regulations.
    For consistency with the Shark Fin Sales Elimination Act, Public 
Law 117-263 Sec.  5946(b) signed into law on December 23, 2022, and as 
a clarification of current reporting practices, NMFS proposes to remove 
references to reporting shark fins separately from shark carcasses on 
weighout slips and dealer reports in the HMS regulations at Sec. Sec.  
635.5(a)(2) and (b)(1)(i) and 635.30(c)(3).
    As mentioned above, there are several efforts underway regarding 
vessel and dealer reporting. One of the objectives of this proposed 
rule is to streamline HMS reporting for commercial and recreational 
fisheries consistent with the ``One Stop Reporting'' initiative for 
HMS, the Greater Atlantic Region, and the Southeast Region fisheries. 
To that end, this proposed rule was developed while maintaining 
consistency, to the extent practicable, with those efforts. In addition 
to this proposed rule, NMFS is currently developing a proposed rule to 
implement a joint South Atlantic Fishery Management Council and Gulf of 
Mexico Fishery Management Council FMP amendment addressing electronic 
reporting for commercial vessels. That proposed rule would maintain 
reporting requirements for commercial vessels reporting through the 
Coastal Fisheries logbook but require electronic submission of reports 
using available software. More information on the joint FMP amendment 
can be found at: https://safmc.net/amendments/dolphin-wahoo-amendment-4/ and at: https://

[[Page 72807]]

gulfcouncil.org/fishery-management-2/amendments-under-development/.
    Additionally, the Gulf of Mexico Fishery Management Council is 
currently considering an FMP amendment on data collection for federally 
permitted for-hire vessels. More information on that effort can be 
found at: https://gulfcouncil.org/fishery-management-2/amendments-under-development/. NMFS would take the appropriate action to implement 
the amendment, which could include proposing any changes in a proposed 
rule, once the Gulf of Mexico Fishery Management Council submits the 
FMP amendment to NMFS.
Request for Comments
    NMFS is requesting comments on this proposed rule, which may be 
submitted at: https://www.regulations.gov or at a public hearing. NMFS 
solicits comments on this action by January 6, 2025 (see DATES and 
ADDRESSES).
    Implementation of the measures proposed in this rulemaking is 
contingent on available funding. Implementation of some or all aspects 
of the preferred alternatives may be delayed pending funding 
availability and any needed development of, or changes to, electronic 
reporting systems/applications. In addition to comments on the 
alternatives themselves, should delayed implementation be necessary, 
NMFS is requesting comments on which alternatives the public feels are 
most important.
    During the comment period, NMFS will hold three public hearings via 
webinars, as shown in table 1. Requests for sign language 
interpretation, interpretation to another language, or other auxiliary 
aids should be directed to Carrie Soltanoff at 
[email protected] or 301-427-8503, at least 7 days prior to the 
meeting. In addition, any requests for in-person public hearings during 
the comment period should be directed to Carrie Soltanoff at 
[email protected] or 301-427-8503.

      Table 1--Dates and Times of Upcoming Public Hearing Webinars
------------------------------------------------------------------------
       Dates and times                    Webinar information
------------------------------------------------------------------------
October 16, 2024, 9 a.m.-11    https://www.fisheries.noaa.gov/action/
 a.m. ET.                       proposed-rule-electronic-reporting-
October 29, 2024, 4 p.m.-6      requirements-atlantic-highly-migratory-
 p.m. ET..                      species.
December 2, 2024, 9 a.m.-11
 a.m. ET..
------------------------------------------------------------------------

    The public is reminded that NMFS expects participants at the public 
hearings to conduct themselves appropriately. At the beginning of each 
public hearing, a representative of NMFS will explain the ground rules 
(e.g., alcohol is prohibited from the hearing room, attendees will be 
called to give their comments in the order in which they registered to 
speak, each attendee will have an equal amount of time to speak, and 
attendees should not interrupt one another). At the beginning of the 
webinar, the moderator will explain how the webinar will be conducted 
and how and when attendees can provide comments. The NMFS 
representative will attempt to structure the meeting so that all 
attending members of the public will be able to comment, if they so 
choose, regardless of the controversial nature of the subject(s). 
Attendees are expected to respect the ground rules, and, if they do 
not, they may be asked to leave the hearing or may not be allowed to 
speak during the webinar.
Classification
    Pursuant to section 304(g) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this proposed rule is 
consistent with the 2006 Consolidated HMS FMP and its amendments, other 
provisions of the Magnuson-Stevens Act, ATCA, and other applicable law, 
subject to further consideration after public comment.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    Pursuant to the National Environmental Policy Act (NEPA), NMFS has 
preliminarily determined that the action proposed falls within 
categorical exclusion Category A1, an action that is a technical 
correction or a change to a fishery management action or regulation, 
which does not result in a substantial change in any of the following: 
fishing location, timing, effort, authorized gear types, or harvest 
levels. This is a category of actions that does not normally have a 
significant effect on the quality of the human environment, is not 
connected to a larger action, and does not involve extraordinary 
circumstances precluding use of the categorical exclusion. As such, 
NMFS has preliminarily determined that this action is categorically 
excluded from further NEPA review.
Regulatory Flexibility Act
    An IRFA was prepared, as required by section 603 of the Regulatory 
Flexibility Act (RFA). The IRFA describes the economic impact this 
proposed rule, if adopted, would have on small entities. A summary of 
the analysis follows. A copy of this analysis is available from NMFS 
(see ADDRESSES).
    Section 603(b)(1) requires Agencies to describe the reasons why the 
action is being considered. The purpose of this rulemaking is to: (1) 
streamline and modernize reporting for HMS through electronic reporting 
and consolidation of reporting deadlines, including converting existing 
commercial paper logbooks to electronic logbooks; (2) expand electronic 
logbook reporting to additional commercial and charter/headboat vessel 
owners; and (3) collect additional information from dealers through 
existing electronic reporting mechanisms.
    Section 603(b)(2) of the RFA requires Agencies to state the 
objective of, and legal basis for the proposed action. The expansion of 
reporting requirements under this action would create consistency with 
Agency efforts in other fisheries and augment data necessary for 
fishery science and management. Electronic logbook reporting is a step 
towards streamlining HMS reporting for commercial, for-hire, and 
private recreational fisheries consistent with the ``One Stop 
Reporting'' initiative for HMS, Greater Atlantic Region, and Southeast 
Region fisheries. The intent of the ``One Stop Reporting'' initiative 
is to expand capabilities for the submission of a single electronic 
report to satisfy overlapping reporting requirements of vessels holding 
permits in multiple regions.
    The legal basis for this proposed rule stems from the Magnuson-
Stevens Act. Under the Magnuson-Stevens Act, NMFS must, consistent with 
ten National Standards, manage fisheries to maintain optimum yield (OY) 
by rebuilding overfished fisheries and preventing overfishing. This 
proposed rule is also consistent with ATCA, under which NMFS is 
authorized to promulgate regulations as may be necessary and 
appropriate to carry out binding recommendations of ICCAT. 
Additionally, any management

[[Page 72808]]

measures must be consistent with other domestic laws including NEPA, 
the Endangered Species Act (ESA), the Marine Mammal Protection Act 
(MMPA), and the Coastal Zone Management Act (CZMA).
    Section 603(b)(3) of the RFA requires agencies to provide an 
estimate of the number of small entities to which the rule would apply. 
The Small Business Administration (SBA) authorizes an agency to develop 
its own industry-specific size standards after consultation with the 
SBA Office of Advocacy and an opportunity for public comment (see 13 
CFR 121.903(c)). Pursuant to this process, NMFS issued a final rule 
that established a small business size standard of $11 million in 
annual gross receipts for all businesses in the commercial fishing 
industry (North American Industry Classification System (NAICS) code 
11411) for RFA compliance purposes (80 FR 81194, December 29, 2015; 
effective on July 1, 2016). SBA has established size standards for all 
other major industry sectors in the United States, including the scenic 
and sightseeing transportation (water) sector (NAICS code 487210, for-
hire), which includes charter/party boat entities. The SBA has defined 
a small charter/party boat entity as one with average annual receipts 
(revenue) of less than $14.0 million. Atlantic HMS dealers can be 
classified as fish and seafood merchant wholesalers under NAICS code 
424460. SBA has defined a small fish and seafood merchant wholesaler as 
any business that employs fewer than 100 employees.
    NMFS considers all HMS commercial fishing permit holders to be 
small entities because they had average annual receipts of less than 
$11 million for commercial fishing. Commercial fishing for Atlantic HMS 
only generated just over $40 million in 2021. Of the vessels with HMS 
commercial limited access permits, no single pelagic longline vessel 
has exceeded $11 million in revenue in recent years. HMS bottom 
longline commercial fishing vessels typically earn less revenue than 
pelagic longline vessels and, thus, would also be considered small 
entities. None of the commercial fishing business owners reported 
having more than $11 million in gross receipts on the annual Federal 
permit application form for their limited access fishing permit 
renewal. SERO issued 802 HMS commercial fishing permits in 2022.
    In addition, NMFS estimates 518 permitted dealers would also be 
impacted by this proposed rule based on an analysis of our various 
dealer permits. NMFS assumes that these dealers are all considered 
small entities based on our experience with these businesses and most 
employ far fewer than 100 employees.
    In addition to the limited access fishing permits issued by SERO, 
the proposed rule would also potentially impact HMS open access permit 
holders issued via the Atlantic HMS Permit Shop at: https://hmspermits.noaa.gov/. In 2022, 4,259 HMS Charter/Headboat category 
permits were issued. NMFS is not aware of any HMS Charter/Headboat 
permit holders earning more than $14 million, so these businesses are 
also considered small entities.
    There were also 2,757 Atlantic Tunas General category and Swordfish 
General Commercial permits (including Atlantic Tunas General category 
permits, Swordfish General Commercial permits, and permits that combine 
the two) and 27 Harpoon category permits issued in 2022. NMFS is not 
aware of any of these commercial fishing permit holders earning more 
than $11 million, so these businesses are also considered small 
entities.
    This proposed rule would also impact HMS Angling permit holders, 
but those permit holders are considered individuals and not small 
entities under RFA.
    NMFS has determined that the preferred alternatives would not 
likely directly affect any small organizations or small government 
jurisdictions defined under RFA, nor would there be disproportionate 
economic impacts between large and small entities.
    Section 603(b)(4) of the RFA requires agencies to describe any new 
reporting, recordkeeping and other compliance requirements. Some 
preferred alternatives this proposed rule would result in reporting, 
record-keeping, and compliance requirements that require a modified 
Paperwork Reduction Act (PRA) filing. This rule revises the existing 
requirements for three collections of information, including OMB 
Control Number 0648-0371 ``Highly Migratory Species Vessel Logbooks and 
Cost-Earnings Data Reports,'' 0648-0040 ``Highly Migratory Species 
Dealer Reporting Family of Forms,'' and 0648-0328 ``Atlantic Highly 
Migratory Species Recreational Landings and Bluefin Tuna Catch 
Reports.''
    This proposed rule would revise and extend the existing 
requirements under OMB Control Number 0648-0371 for owners/operators of 
vessels with HMS commercial limited access permits (i.e., Atlantic 
Tunas Longline category, shark directed, shark incidental, swordfish 
directed, swordfish incidental, and swordfish handgear) to complete and 
submit logbook reports electronically under the SEFSC Commercial 
Electronic Logbook through an electronic system/application approved by 
NMFS for Atlantic HMS reporting, where previously they have been 
required to submit a paper-based logbook. Additionally, rather than 
mailing in paper weighout slips, vessel owners/operators would be 
required to submit them electronically with the logbook as an uploaded 
file. NMFS would develop an optional standardized weighout slip form, 
which could be completed by HMS dealers for the vessel owners/
operators.
    We estimate 225 vessel owners/operators with HMS commercial limited 
access permits would complete 45 electronic trip/set reports, and 5 no-
fishing/no catch reports each year with no additional recordkeeping or 
reporting costs, excluding labor costs. A subset of 45 vessel owners/
operators with limited access permits would be selected for cost-
earnings reporting which would require the electronic submission of an 
estimated 9 trip cost-earnings reports, and one annual expenditure 
report per year. Finally, we estimate a maximum of 540 HMS dealers 
would use the optional form provided by NMFS to generate 5 vessel 
weighout slips per year to be submitted by vessel owners/operators with 
electronic logbook requirements.
    This proposed rule would also revise and extend the existing 
logbook reporting requirements under 0648-0371 for vessel owners/
operators with open access Atlantic tunas and swordfish permits, 
including the Atlantic Tunas General or Harpoon category, Swordfish 
General Commercial, and HMS Charter/Headboat permits. Currently, these 
individuals are only required to maintain and submit paper logbook 
reports if selected to report in the Atlantic HMS logbook. Under this 
proposed rule, these permit holders would be required to report all 
trips, regardless of target species or whether fish were caught, 
through an electronic logbook system/application approved by NMFS for 
Atlantic HMS reporting. Each trip report would also include trip-level 
cost-earnings reporting, and no-fishing reports would be required on a 
monthly basis for months in which no fishing activity took place. A 
sub-sample of permit holders would also be selected to complete an 
annual expenditure report. We estimate 7,043 vessel owners with open 
access Atlantic tunas, swordfish, or HMS Charter/Headboat permits would 
complete on average 46 trip reports and 4 no-fishing reports each year 
with no additional recordkeeping

[[Page 72809]]

of reporting costs (excluding labor costs). A subset of likely no more 
than 1,409 vessel owners would be selected to complete an annual 
expenditure report.
    This proposed rule would also revise and extend reporting 
requirements under 0648-0328 ``Atlantic Highly Migratory Species 
Recreational Landings and Bluefin Tuna Catch Reports.'' Currently, HMS 
Angling, HMS Charter/Headboat, and Atlantic Tunas General and Harpoon 
category permit holders are required to submit catch reports for 
bluefin tuna, billfish, and swordfish within 24 hours of landing them. 
There are several options for submitting these reports, including via 
an online reporting portal on the HMS Permits website, an HMS Catch 
Reporting mobile application, designated for-hire electronic logbook 
applications, two State HMS catch card programs, and a toll-free phone 
line. This proposed rule would eliminate the option to report via toll-
free phone line, while continuing to allow reporting via the other 
reporting options for HMS Angling permit holders. Under this proposed 
rule, HMS Charter/Headboat, Atlantic Tunas General category, and 
Atlantic Tunas Harpoon category permit holders would no longer be 
required to submit catch reports, as these data would be captured 
through their logbook reports.
    This proposed rule would also revise and extend reporting 
requirements under 0648-0040, ``Highly Migratory Species Dealer 
Reporting Family of Forms'', for federally permitted HMS dealers. 
Currently, HMS dealers are required to report individual fish weights 
for bluefin tuna but have the option to report aggregate weights for 
all other HMS-managed species. This rule proposes to expand the 
requirement for HMS dealers to report individual fish weights to BAYS 
tunas, swordfish, and pelagic sharks (i.e., blue, porbeagle, common 
thresher, and, if and when allowed, shortfin mako sharks). We estimate 
500 HMS dealers would submit 26 electronic landings reports per year. 
An additional 40 HMS dealers that use a ``file upload'' model of 
reporting would be estimated to submit 45 landings reports per year. 
Additionally, this rule proposes to eliminate the requirement for 
bluefin tuna dealers to submit bi-weekly landing and trade reports for 
bluefin tuna received from U.S. vessels as the information submitted 
via these reports is duplicated under other bluefin tuna reporting 
requirements.
    Under section 603(b)(5) of the RFA, agencies must identify, to the 
extent practicable, relevant Federal rules which duplicate, overlap, or 
conflict with the proposed action. Fishermen, dealers, and managers in 
these fisheries must comply with a number of international agreements, 
domestic laws, and other fishery management measures. These include, 
but are not limited to, the Magnuson-Stevens Act, ATCA, the High Seas 
Fishing Compliance Act, MMPA, ESA, NEPA, PRA, and CZMA. This proposed 
action has been determined not to duplicate, overlap, or conflict with 
any Federal rules. As described under the objectives for this action, 
electronic logbook reporting is a step towards streamlining HMS 
reporting for commercial, for-hire, and private recreational fisheries 
consistent with the ``One Stop Reporting,'' the intent of which is to 
expand capabilities for the submission of a single electronic report to 
satisfy overlapping reporting requirements of vessels holding permits 
in multiple regions, consolidate reporting deadlines, and thus remove 
any duplicative reporting.
    One of the requirements of an IRFA is to describe any significant 
alternatives to the proposed rule which accomplish the stated 
objectives of applicable statutes and which minimize any significant 
economic impact of the proposed rule on small entities. The analysis 
shall discuss significant alternatives such as: (1) establishment of 
differing compliance or reporting requirements or timetables that take 
into account the resources available to small entities; (2) 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rule for such small entities; (3) use 
of performance rather than design standards; and (4) exemptions from 
coverage of the rule, or any part thereof, for small entities. These 
categories of alternatives are described at 5 U.S.C. 603 (c)(1)-(4). 
NMFS examined each of these categories of alternatives. Regarding the 
first and fourth categories, NMFS cannot establish differing compliance 
or reporting requirements for small entities or exempt small entities 
from coverage of the rule or parts of it because all of the businesses 
impacted by this rule are considered small entities and thus the 
requirements are already designed for small entities. NMFS examined 
alternatives that fall under the second category, which requires 
agencies to consider whether they can clarify, consolidate, or simplify 
compliance and reporting requirements under the proposed rule for small 
entities. Many of the alternatives in this proposed rule are designed 
to implement electronic reporting, provide more flexibility by allowing 
for consolidated ``One Stop Reporting,'' and simplify reporting by 
eliminating some required reports. The use of a performance standard, 
the third category, to monitor catch and landings by itself is not 
practical. NMFS is allowing for some flexibility in the electronic 
reporting applications that can be used as long as those programs 
collect the necessary data fields, and thus to some degree is 
performance oriented versus implementing strict requirements for a 
specific electronic reporting application. Thus, NMFS has considered 
the significant alternatives to the proposed rule and focused on 
modernizing and consolidating reporting requirements for HMS permit 
holders in order to minimize any significant economic impact of the 
proposed rule on small entities.

A. Electronic Logbook for HMS Commercial Limited Access Permits

    NMFS is considering two suites of alternatives regarding 
implementation of a commercial electronic logbook to replace the 
existing paper commercial Atlantic HMS logbook and Coastal Fisheries 
logbook. Alternative A1 addresses the format for submission of logbooks 
and associated weighout slips. Alternative A2 addresses the timing 
requirement for logbook submission. Sub-alternatives under these 
alternatives are described below.

Alternative A1. Format for Submission of Logbooks and Associated 
Weighout Slips

    Two sub-alternatives are being considered for the format for 
submission of logbooks and associated weighout slips (Alternative A1). 
Sub-alternative A1a is the status quo alternative for the format for 
submission of logbooks and associated weighout slips. The status quo 
would maintain consistency with current requirements and maintain the 
current business practices of vessel owners/operators. However, given 
that other NMFS GARFO and SERO permits require, or have proposed 
requiring, electronic submission of logbooks, maintaining paper 
reporting for vessel owners/operators with HMS commercial limited 
access permits would cause an increased burden on those owners/
operators as they would need to fill out multiple logbook submissions 
where they also hold GARFO and/or SERO permits. Electronic submission, 
including for weighout slips, also reduces the administrative burden on 
the Agency for logbook processing.
    Under Sub-alternative A1b, the preferred alternative, owners/
operators of vessels with HMS commercial limited

[[Page 72810]]

access permits would complete and submit logbook reports 
electronically, and rather than mailing in the weighout slips, they 
would be submitted electronically with the logbook as an uploaded file. 
Electronic submission of logbooks could allow for ``One Stop 
Reporting'' for vessel owners/operators that hold some combination of 
HMS, SERO, and GARFO permits.
    NMFS estimates that after an initial period of adjustment of 
business practices needed to go from a paper to an electronic format, 
the number of reports and time needed to complete the reports will 
remain similar to the status quo. NMFS estimates that a typical small 
business using the HMS commercial logbook would submit 45 trip reports 
per year and each of those reports would take about 12 minutes to 
complete. The total reporting burden associated with trip/set summary 
reports would be approximately $254 per year per business (45 reports * 
0.2 hours * $28.28/hour = $254 per year). NMFS also estimates that a 
typical small business using the HMS commercial logbook would submit on 
average five No-Fishing/No Catch reports per year that take 2 minutes 
to complete. The total reporting burden associated with trip/set 
summary reports would be approximately $4 per year per business (5 
reports * 0.03 hours * $28.28/hour = $4 per year). NMFS also estimates 
that weighout slips are completed by dealers for vessel owners/
operators on average five times per year and can take an hour to 
produce for a total estimated labor burden per business per year of 
approximately $141 (5 reports * 1 hour * $28.28/hour = $141 per year). 
Based on 2022 logbook reporting activity, 137 vessels reported in the 
current paper based Atlantic HMS logbook and 86 HMS permitted vessels 
reported HMS landings in the Coastal Fisheries logbook. These reports 
would take an estimated 10 and 2 minutes to complete, respectively, for 
a combined 2,059 burden hours per year across the fleet.
    Note that under Sub-alternative A1b, NMFS may evaluate the need to 
continue to collect individual carcass weights via weighout slips in 
the future. Under preferred Alternative D2, described below, dealers 
would be required to report individual carcass weights for additional 
species. After collecting data from both vessel weighout slips and 
dealers, NMFS would consider whether sufficient information is being 
collected via dealer reporting to discontinue collection of individual 
carcass weights on weighout slips in the future. That would save 
dealers the costs associated with producing weighout slips for vessel 
owners/operators or vessel owner/operators having to create those 
weighout slips themselves. The average cost per dealer is approximately 
$141 per year to complete weighout slips.

Alternative A2. Timing Requirement for Logbook Submission

    NMFS is considering four sub-alternatives regarding the timing 
requirements for logbook submission. Sub-alternative A2a is the status 
quo alternative for timing of logbook submission. The status quo would 
maintain consistency with current requirements and maintain the current 
business practices of vessel owners/operators, and therefore not change 
the operating costs for these small businesses. However, maintaining a 
two-tiered requirement for timing of reporting (i.e., entering 
information within 48 hours and submitting logbook reports within 7 
days) may make the regulations overly complicated. The requirement to 
submit logbooks within 7 days of offloading would remain consistent 
with the requirement for SERO permit holders. Vessel owners/operators 
that hold both HMS commercial limited access permits and GARFO permits 
would continue to follow the 48-hour reporting requirement for GARFO 
permit holders.
    Under preferred Sub-alternative A2b, vessel owners/operators would 
be required to submit completed electronic logbook reports within 7 
days of offloading all HMS. The 7-day reporting requirement would be 
consistent with the status quo timing requirement for submission of 
logbooks in the HMS regulations as well as with the timing requirement 
for submission of commercial logbooks by SERO permit holders. Vessel 
owners/operators that hold both HMS commercial limited access permits 
and GARFO permits would continue to follow the 48-hour eVTR submission 
requirement for GARFO permit holders. While NMFS would continue to 
encourage vessel owners/operators to complete logbooks as soon as 
possible in communications, removing the 48-hour logbook information 
entry requirement from the regulations would simplify reporting by 
having a single deadline to complete and submit HMS logbook reports, 
and would also better match current practices of vessel owners/
operators. However, removing this requirement could discourage timely 
recording of trip details in the logbook, and thus increase recall bias 
and degrade data accuracy, and thus we encourage vessel owners/
operators to complete this information as soon as possible. 
Nevertheless, requiring logbook submission on a longer timeframe gives 
more flexibility to vessel owners/operators to complete reports when 
they have the opportunity. A longer timeframe also allows vessel owner/
operators time to receive information they may need from dealers or 
others, for example, weighout slips. Giving a longer timeframe for 
submission also allows vessel owners/operators time to seek assistance 
they may need in completing their logbooks, for example, from customer 
service associated with electronic logbooks, or language assistance 
from community groups (e.g., Vietnamese and Spanish community groups).
    Under Sub-alternative A2c, vessel owners/operators would be 
required to submit logbook reports within 48 hours of offloading all 
HMS, including the cost-earnings portion of the logbook for selected 
vessel owners. This requirement to submit logbook reports within 48 
hours would be consistent with the timing requirement for submission of 
eVTRs by GARFO permit holders (although eVTRs must be completed to the 
extent possible prior to entering port) but would be more restrictive 
than the requirement for SERO permit holders. Requiring logbook 
submission on a shorter timeframe allows for NMFS to receive and 
analyze data in a timely manner. In addition, it could improve data 
quality and accuracy by reducing recall bias, improving stakeholder 
confidence, and reducing uncertainty associated with these data when 
used in science or management applications. However, this alternative 
is more restrictive than the status quo and preferred alternative, so 
it provides HMS vessel owners/operators less flexibility in reporting, 
reduces the time they have to get assistance with reporting, and 
therefore could be more costly for some small businesses.
    Under Sub-alternative A2d, vessel owners/operators would be 
required to submit logbook reports within 24 hours of offloading all 
HMS, including the cost-earnings portion of the logbook for selected 
vessel owners. This alternative is consistent with the catch reporting 
requirements we have for our open access tuna handgear permits that 
interact with bluefin tuna commercially. This requirement to submit 
logbook entries within 24 hours would be consistent with preferred Sub-
alternative B2a for timing of logbook submission by vessel owner/
operators with HMS open access commercial permits (i.e., Atlantic Tunas 
General or Harpoon category and Swordfish General Commercial) or HMS 
Charter/Headboat permits. The impacts of this

[[Page 72811]]

alternative are similar to Sub-alternative A2c but is even more 
restrictive with its shorter time frame for reporting making it very 
difficult for HMS vessel owners/operators to seek assistance for 
electronic reporting or to deal with unexpected circumstances that 
might result in minor delays in reporting. This alternative is more 
restrictive than Sub-alternative A2c, and therefore, could be more 
costly for some small businesses.

B. Electronic Logbook for Atlantic Tunas General Category Permit, 
Atlantic Tunas Harpoon Category Permit, Swordfish General Commercial 
Permit, and HMS Charter/Headboat Permit

    NMFS is considering three suites of alternatives regarding 
implementation of an electronic logbook requirement for vessel owners/
operators that hold certain HMS commercial open access permits and/or 
HMS Charter/Headboat permit. The commercial open access permits 
referenced under these alternatives are the Atlantic Tunas General 
category permit, Atlantic Tunas Harpoon category permit, and Swordfish 
General Commercial permit. Alternative B1 addresses electronic logbook 
requirements for these permit categories. Alternative B2 addresses the 
timing requirement for electronic logbook submission. Alternative B3 
addresses cost and earnings information. Sub-alternatives under these 
alternatives are described below.

Alternative B1. Electronic Logbook Requirements

    Sub-alternative B1a is the status quo alternative for catch 
reporting for these permits. NMFS would maintain existing electronic 
catch reporting for vessel owners/operators with Atlantic Tunas General 
and Harpoon category permits through an electronic system/application 
approved by NMFS for Atlantic HMS reporting or reporting via telephone. 
NMFS would require reporting of bluefin tuna landings and dead discards 
only, and vessel owners/operators would only report on trips where 
bluefin tuna are caught. NMFS would also maintain existing electronic 
reporting for owners/operators of HMS Charter/Headboat permitted 
vessels through an electronic system/application approved by NMFS for 
Atlantic HMS reporting, reporting via telephone, or by other means as 
specified by NMFS. Owners/operators of HMS Charter/Headboat permitted 
vessels would report all bluefin tuna landings and dead discards, all 
non-tournament landings of Atlantic blue marlin, Atlantic white marlin, 
roundscale spearfish, and Atlantic sailfish, and all non-tournament and 
non-commercial landings of North Atlantic swordfish. The status quo 
would maintain consistency with current requirements and maintain the 
current business practices of vessel owners/operators. It would 
continue to allow timely inseason quota management, particularly for 
bluefin tuna and billfish. NMFS would continue to allow landings to be 
phoned in, and retaining telephone reporting would continue the 
administrative time and cost to the Agency of receiving and returning 
phone calls and voicemails.
    Sub-alternative B1b would be the same as Sub-alternative B1a with 
the exception of removing the option to report via telephone. Removing 
telephone reporting would impact a small number of businesses that own 
or operate vessels with Atlantic Tunas General category, Harpoon 
category, Swordfish General Commercial, or HMS Charter/Headboat permits 
that have become accustomed to reporting via telephone might have some 
minor costs associated with switching to another reporting method. In 
2022, less than 7 percent of reports (i.e., 433 reports) came in via 
telephone or email, the remaining 93 percent (i.e., 5,837 reports) were 
reported electronically via either eTRIPS, the HMS Permits website, or 
the HMS Catch Reporting smartphone application.
    Under preferred Sub-alternative B1c, NMFS would expand species and 
trip reporting requirements via electronic logbook for vessel owners/
operators with Atlantic Tunas General category, Atlantic Tunas Harpoon 
category, Swordfish General Commercial, and/or HMS Charter/Headboat 
permits. Electronic logbook reporting under preferred Sub-alternative 
B1c would be for all trips, including trips taken by an Atlantic Tunas 
General category, Swordfish General Commercial, and/or HMS Charter/
Headboat permitted vessel when participating in a tournament. Vessel 
owners/operators would indicate in the logbook which trips were 
associated with a tournament. Implementation of a logbook program would 
place added burden on vessel owners/operators. The requirement to 
report on all trips, regardless of whether fish were caught, and to 
report all species, would be consistent with the current commercial 
Atlantic HMS logbook and with requirements for GARFO commercial and 
for-hire permit holders and SERO South Atlantic for-hire permit 
holders. The requirement to submit no-fishing reports on a monthly 
basis for months in which no fishing activity took place would be 
similar to the commercial Atlantic HMS logbook.

Alternative B2. Timing Requirement for Electronic Logbook Submission

    Alternative B2 only applies if implementing an electronic logbook 
under preferred Sub-alternative B1c above. The following sub-
alternatives consider the timing requirement for submission of an 
electronic logbook.
    Under preferred Sub-alternative B2a, vessel owners/operators would 
be required to submit completed electronic logbooks within 24 hours of 
the end of a trip. This sub-alternative would maintain the 24-hour 
catch reporting requirement that vessel owners/operators currently 
follow but would expand the amount of information they may be 
submitting after each trip. Currently vessel owners/operators must 
submit bluefin tuna landings within 24 hours to allow for in season 
monitoring of different, and often small, bluefin tuna quotas and 
subquotas. This preferred sub-alternative would maintain the 24-hour 
reporting deadline for bluefin tuna while providing for a single timing 
requirement for all logbook submissions. Having more than one reporting 
deadline under this logbook would make the regulations more complex 
both for vessel owners/operators and for enforcement.
    Some GARFO and SERO South Atlantic for-hire vessel owners/operators 
possess HMS Charter/Headboat permits in case of incidental HMS catch. 
Given that Sub-alternative B2a would be more restrictive than the 
reporting requirement for GARFO commercial or for-hire permit holders, 
or for SERO South Atlantic for-hire permit holders, these permit 
holders may decide to drop their HMS commercial open access or Charter/
Headboat permits to avoid the extra reporting burden.
    Under Sub-alternative B2b, vessel owners/operators would be 
required to submit completed electronic logbooks within 48 hours of the 
end of a trip. The requirement to report within 48 hours under Sub-
alternative B2b would be consistent with the reporting requirement for 
GARFO commercial and for-hire permit holders but would be more 
restrictive than the requirement for SERO South Atlantic for-hire 
permit holders. However, this sub-alternative would delay the bluefin 
tuna catch data stream that is used for management of category quotas 
and subquotas.
    Under Sub-alternative B2c, for trips with bluefin tuna landings or 
dead discards, vessel owners/operators would be required to submit 
completed electronic logbooks within 24 hours of the end of a trip. For 
trips with no bluefin tuna landings or dead discards,

[[Page 72812]]

vessel owners/operators would be required to submit completed 
electronic logbooks within 48 hours of the end of a trip. Sub-
alternative B2c would maintain the important data stream for inseason 
management of bluefin tuna category quotas and subquotas, while 
allowing additional time for vessel owners/operators to report on non-
bluefin tuna trips. However, this sub-alternative would complicate the 
reporting regulations. The 48-hour reporting requirement would be 
consistent with the reporting requirement for GARFO commercial and for-
hire permit holders but would be more restrictive than the requirement 
for SERO South Atlantic for-hire permit holders.
    Under Sub-alternative B2d, for trips with bluefin tuna landings or 
dead discards, vessel owners/operators would be required to submit 
completed electronic logbooks within 24 hours of the end of a trip. For 
trips with no bluefin tuna landings or dead discards, vessel owners/
operators would be required to submit completed electronic logbooks 
within 7 days of the end of a trip. This sub-alternative would maintain 
the important data stream for inseason management of bluefin tuna 
category quotas and subquotas, while allowing a substantial amount of 
additional time for vessel owners/operators to report on non-bluefin 
tuna trips. However, this sub-alternative would complicate the 
reporting regulations. The 7-day reporting requirement would mirror 
requirements for SERO South Atlantic for-hire permit holders, but 
vessel owners/operators that hold both HMS commercial open access or 
Charter/Headboat permits and GARFO permits would continue to follow the 
48-hour reporting requirement for GARFO permit holders.

Alternative B3. Cost and Earnings Information

    Sub-alternative B3a is the status quo alternative for collection of 
cost and earnings information. This status quo requirement to report in 
logbooks, including completion of the cost-earnings portion, although 
in the regulations, has not been exercised by NMFS on a regular basis 
for vessel owners with open access commercial or HMS charter/headboat 
permits.
    Under Sub-alternative B3b, vessel owners/operators with Atlantic 
Tunas General category, Atlantic Tunas Harpoon category, Swordfish 
General Commercial, and/or HMS Charter/Headboat permits selected by 
NMFS for a given calendar year would submit cost and earnings 
information only via an annual survey, rather than through post-trip 
logbook submissions. Particularly for the for-hire industry, because it 
is relatively consistent in trip duration, fishing location, and target 
species, a survey that collects data on annual expenses and average 
trip costs and earnings could be sufficient to characterize the 
economic impacts of for-hire fishing while minimizing duplicative 
reporting on charter/headboat owners/operators. However, collecting 
cost-earnings data from only a portion of permitted vessels would not 
provide as complete economic data as if all vessel owners/operators are 
reporting. Vessel owners/operators with Federal for-hire permits in the 
South Atlantic, in addition to an HMS Charter/Headboat permit, would 
need to report cost and earnings information for all trips following 
the South Atlantic requirements.
    Under preferred Sub-alternative B3c, all vessel owners/operators 
with Atlantic Tunas General category, Atlantic Tunas Harpoon category, 
Swordfish General Commercial, and/or HMS Charter/Headboat permits would 
submit cost and earnings information for each trip through the 
completion of a cost-earnings portion in the electronic logbook. This 
requirement would follow the timing implemented under Alternative B2 in 
order to maintain one timeline for reporting and facilitate compliance 
monitoring. Vessel owners/operators selected by NMFS for a given 
calendar year would submit additional cost and earnings information via 
an annual survey. Reporting cost and earnings information on all trips 
would be consistent with the electronic reporting requirements for 
vessel owner/operators with Federal for-hire permits in the South 
Atlantic. However, if preferred Sub-alternative B2a is implemented, 
collecting cost and earnings information for each trip would add to the 
information that vessel owners/operators would need to report within 24 
hours after a trip.

C. HMS Angling Permit Reporting Requirements

    NMFS is considering four alternatives (C1, C2, C3, and C4) 
regarding reporting requirements for vessel owners with an HMS Angling 
permit, as listed below. HMS Angling permit holders are considered 
individuals and not small entities under RFA. Alternative C1 is the 
status quo alternative for reporting by vessel owners with HMS Angling 
permits under which vessel owners would be required to report all 
bluefin tuna, billfish, and swordfish landings and bluefin tuna dead 
discards. These catch reports can be submitted through an electronic 
system/application approved by NMFS for Atlantic HMS reporting 
(currently, the HMS Permits website or the HMS Catch Reporting 
smartphone application), a telephone number designated by NMFS, or by 
other means as specified by NMFS. Alternative C2, the preferred 
alternative, removes the option for HMS Angling permit holders to 
report via telephone. Alternative C3 would require the owner of an HMS 
Angling permitted vessel to report all pelagic shark landings in 
addition to the current species reporting requirements under the status 
quo. Finally, Alternative C4 would require the owner of an HMS Angling 
permitted vessel to report all BAYS tunas landings in addition to the 
species reporting requirements under the status quo. None of these 
alternatives would have direct economic impacts on small entities since 
these alternatives only impact vessel owners with an HMS Angling 
permit.

D. HMS Dealer Reporting: Individual Fish Reports and Technical Change 
in Bluefin Tuna Reporting Requirements

    NMFS is considering four alternatives (D1, D2, D3, and D4) 
regarding individual fish reports by HMS dealers and/or bluefin tuna 
reporting requirements, with two alternatives preferred. NMFS considers 
all HMS dealers to be considered small entities, therefore these four 
alternatives are detailed here along with the economic impacts of those 
alternatives on the HMS dealers.

Alternative D1. Status Quo

    Alternative D1 is the status quo alternative for Federal HMS dealer 
reporting. Currently, dealers are required to report individual fish 
weights for bluefin tuna. For other species (i.e., swordfish, BAYS 
tunas, sharks), dealers may report individual fish weights or they may 
report an aggregate weight for a given species. Currently, dealers with 
Atlantic tunas dealer permits must also submit a complete bi-weekly 
report on forms available from NMFS for bluefin tuna received from U.S. 
vessels. The status quo would maintain consistency with current 
requirements and maintain the current business practices of dealers. 
Under the status quo, dealers have flexibility to report according to 
their business practices, so some reports are at the individual fish 
level and some reports are at the aggregate weight level for fish that 
are all of the same species, quality, and price. The status quo would 
also maintain a duplicative reporting requirement for bluefin tuna bi-
weekly reports. There would be no change in

[[Page 72813]]

economic impact to the HMS dealer small businesses.

Alternative D2. Expand Individual Fish Reports to Bays Tunas, 
Swordfish, and Pelagic Sharks

    Alternative D2, a preferred alternative, expands individual fish 
reports to BAYS tunas, swordfish, and pelagic sharks (i.e., blue, 
porbeagle, common thresher, and, if and when allowed, shortfin mako 
sharks). Currently, HMS dealers are required to report individual fish 
weights for bluefin tuna but have the option to report aggregate 
weights for all other HMS-managed species. NMFS estimates 500 HMS 
dealers would submit 26 electronic landings reports per year taking an 
estimated 1 hour on average per report for 26 hours of total burden per 
reporter or $735 in labor costs per year per respondent. An additional 
40 HMS dealers that use a ``file upload'' model of reporting would be 
estimated to submit 45 landings reports per year taking an estimated 2 
hours on average per report for 90 hours per year per respondent or 
$2,545 in labor costs per year per respondent. These estimates include 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information.

Alternative D3. Expand Individual Fish Reports Only When Buying Fish 
From Vessels That Do Not Submit Weighout Slips

    Alternative D3 would expand individual fish reports only when 
buying fish from vessels that do not submit weighout slips. Dealers 
buying fish landed from vessels whose owners/operators are submitting 
weighout slips with their logbook reporting (i.e., owners/operators 
that report in the Atlantic HMS logbook, or that would report in the 
SEFSC Commercial Electronic Logbook under preferred Sub-alternative 
A1b) would not be required to report swordfish, BAYS tunas, and pelagic 
shark species individually on Federal dealer reports. Dealers would 
only be required to report these species individually when buying fish 
landed from vessels whose owner/operators do not submit weighout slips 
(i.e., owners/operators of vessels with an Atlantic Tunas General 
category permit, Atlantic Tunas Harpoon category permit, Swordfish 
General Commercial permit, and/or HMS Charter/Headboat permit).
    This alternative would reduce the number of reports in which 
dealers had to report individual fish weights, while also receiving 
individual fish weight information from dealer reports that would not 
correspond with similar information on weighout slips. However, under 
this alternative, the Agency would need to maintain the weighout slip 
requirement for vessel owners/operators reporting in the SEFSC 
Commercial Electronic Logbook under preferred Sub-alternative A1b.

Alternative D4. Remove the Requirement To Submit a Bi-Weekly Report for 
Bluefin Tuna

    Alternative D4, a preferred alternative, would remove the 
requirement for dealers to submit bi-weekly landing and trade reports 
for bluefin tuna. The information submitted via bi-weekly report is 
already collected under other bluefin tuna reporting requirements at 
Sec.  635.5(b)(2)(i)(A). This preferred alternative would reduce the 
reporting burden for Atlantic tunas dealers and administrative burden 
on NMFS. It is estimated the elimination of the bi-weekly reports would 
reduce bluefin tuna dealer reporting burden by approximately 15 minutes 
per report and it is estimated that on average each permitted dealer 
submitted one report per year.
    In this action, NMFS has considered the significant alternatives to 
the proposed rule and focused on modernizing and consolidating 
reporting requirements for HMS permit holders in order to minimize any 
significant economic impact of the proposed rule on small entities. The 
expansion of reporting requirements would create consistency with NMFS 
efforts in other fisheries and augment data necessary for fishery 
science and management. In this IRFA, NMFS analyzed reporting burden 
and associated labor costs, as these are the only economic costs 
anticipated to be incurred under the proposed changes in reporting 
requirements. There is no requirement to purchase any specialized 
equipment, as the approved electronic reporting systems/applications 
could be accessed on any desktop computer, smartphone, or other device, 
which are considered to be standard business costs. For vessel owners/
operators with HMS commercial limited access permits, the preferred 
alternatives would complete and submit logbook reports electronically, 
and rather than mailing in the weighout slips, they would be submitted 
electronically with the logbook as an uploaded file. Electronic logbook 
reports would need to be submitted within 7 days of offloading all HMS. 
NMFS estimates that after an initial period of adjustment of business 
practices needed to go from a paper to an electronic format, the number 
of reports and time needed to complete the reports will remain similar 
to the status quo. For vessel owners/operators with Atlantic Tunas 
General category, Atlantic Tunas Harpoon category, Swordfish General 
Commercial, or HMS Charter/Headboat permits, the preferred alternatives 
would expand species and trip reporting requirements via electronic 
logbook to report on all trips, regardless of whether fish were caught, 
and to report all species. Electronic logbook reports would need to be 
submitted within 24 hours of the end of a trip. All vessel owners/
operators would submit cost and earnings information for each trip 
through the completion of a cost-earnings portion in the electronic 
logbook, and vessel owners/operators selected by NMFS for a given 
calendar year would submit additional cost and earnings information via 
an annual survey. Taken together, the preferred alternatives would 
increase the reporting burden for these vessel owners/operators with 
HMS open access permits, compared to the status quo catch reporting 
requirements. For HMS dealers, the preferred alternatives would expand 
individual fish weights in dealer reports to BAYS tunas, swordfish, and 
pelagic sharks, as well as remove the requirement for dealers to submit 
bi-weekly landing and trade reports for bluefin tuna. Requiring 
reporting of additional individual fish weights would increase the 
burden and labor costs on HMS dealers, while removing the bi-weekly 
reporting requirement would result in a small reduction in burden. NMFS 
is also proposing changes to reporting for vessel owners with HMS 
Angling permits; however, this change would not have direct economic 
impacts on small entities and, therefore, was not analyzed under this 
IRFA.

Paperwork Reduction Act

    This proposed rule contains collection-of-information requirements 
subject to review and approval by OMB under the PRA (44 U.S.C. 
3507(d)). This rule would revise the existing requirements for three 
collections of information, including OMB Control Numbers 0648-0371 
``Highly Migratory Species Vessel Logbooks and Cost-Earnings Data 
Reports,'' 0648-0040 ``Highly Migratory Species Dealer Reporting Family 
of Forms,'' and 0648-0328 ``Atlantic Highly Migratory Species 
Recreational Landings and Bluefin Tuna Catch Reports.''
    This proposed rule would revise and extend the existing 
requirements under OMB Control Number 0648-0371, ``Highly Migratory 
Species Vessel

[[Page 72814]]

Logbooks and Cost-Earnings Data Reports,'' for owners/operators of 
vessels with HMS commercial limited access permits (i.e., Atlantic 
Tunas Longline category, shark directed, shark incidental, swordfish 
directed, swordfish incidental, and swordfish handgear) to complete and 
submit logbook reports electronically under the SEFSC Commercial 
Electronic Logbook through an electronic system/application approved by 
NMFS for Atlantic HMS reporting, where previously they have been 
required to submit a paper-based logbook. Additionally, rather than 
mailing in paper weighout slips, vessel owners/operators would be 
required to submit them electronically with the logbook as an uploaded 
file. NMFS would develop an optional standardized weighout slip form, 
which could be completed by HMS dealers for the vessel owners/
operators.
    We estimate 225 vessel owners/operators with HMS limited access 
permits would complete 45 electronic trip/set reports, and 5 no-
fishing/no catch reports each year with no additional recordkeeping or 
reporting costs, excluding labor costs. These reports would take an 
estimated 10 and 2 minutes to complete, respectively, for a combined 
2,059 burden hours per year across the fleet. A subset of 45 vessel 
owners/operators with limited access permits would be selected for 
cost-earnings reporting which would require the electronic submission 
of an estimated 9 trip cost-earnings reports, and 1 annual expenditure 
report per year, each at an estimated 30 minutes to complete for a 
combined 206 burden hours per year. Finally, we estimate a maximum of 
540 HMS dealers would use the optional form provided by NMFS to 
generate 5 vessel weighout slips per year to be submitted by vessel 
owners/operators with electronic logbook requirements. The completion 
of these weighout slip forms would take an estimated 1 hour each on 
average for an estimated total of 2,700 burden hours per year. These 
estimates include the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.
    This proposed rule would also revise and extend the existing 
logbook reporting requirements under OMB Control Number 0648-0371, 
``Highly Migratory Species Vessel Logbooks and Cost-Earnings Data 
Reports,'' for vessel owners/operators with open access Atlantic Tunas 
and Swordfish permits, including the Atlantic Tunas General or Harpoon 
category, Swordfish General Commercial, and HMS Charter/Headboat 
permits. Currently, these individuals are only required to maintain and 
submit paper logbook reports if selected to report in the Atlantic HMS 
logbook. Under this proposed rule, these permit holders would be 
required to report all trips, regardless of target species or whether 
fish were caught, through an electronic logbook system/application 
approved by NMFS for Atlantic HMS reporting. Each trip report would 
also include trip-level cost-earnings reporting, and no-fishing reports 
would be required on a monthly basis for months in which no fishing 
activity took place. A sub-sample of permit holders would also be 
selected to complete an annual expenditure report. We estimate 7,043 
vessel owners with open access Atlantic tunas, swordfish, or HMS 
Charter/Headboat permits would complete on average 46 trip reports and 
4 no-fishing reports each year with no additional recordkeeping of 
reporting costs, excluding labor costs. These reports would take an 
estimated 10 and 2 minutes to complete, respectively, for a combined 
65,420 burden hours per year across the fleet. A subset of 1,409 vessel 
owners would be selected to complete an annual expenditure report at an 
estimated 30 minutes to complete for an additional 704 burden hours per 
year. These estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information.
    This proposed rule would also revise and extend reporting 
requirements under OMB Control Number 0648-0328, ``Atlantic Highly 
Migratory Species Recreational Landings and Bluefin Tuna Catch 
Reports.'' Currently, HMS Angling, HMS Charter/Headboat, and Atlantic 
Tunas General and Harpoon category permit holders are required to 
submit catch reports for bluefin tuna, billfish, and swordfish within 
24 hours of landing them. There are several options for submitting 
these reports, including via an online reporting portal on the HMS 
Permits website, an HMS Catch Reporting mobile application, designated 
for-hire electronic logbook applications, two State HMS catch card 
programs, and a toll-free phone line. Changes to OMB Control Number 
0648-0328, ``Atlantic Highly Migratory Species Recreational Landings 
and Bluefin Tuna Catch Reports,'' to align with the proposed rule would 
eliminate the option to report via toll-free phone line, while 
continuing to allow reporting via the other reporting options. It is 
estimated that this change would have no impact on estimated reporting 
burden, as each method has the same estimated burden per response.
    This proposed rule would also revise and extend reporting 
requirements under OMB Control Number 0648-0040, ``Highly Migratory 
Species Dealer Reporting Family of Forms'', for federally permitted HMS 
dealers. Currently, HMS dealers are required to report individual fish 
weights for bluefin tuna but have the option to report aggregate 
weights for all other HMS-managed species. This rule proposes to expand 
the requirement for HMS dealers to report individual fish weights to 
BAYS tunas, swordfish, and pelagic sharks (i.e., blue, porbeagle, 
common thresher, and, if and when allowed, shortfin mako sharks). We 
estimate 500 HMS dealers would submit 26 electronic landings reports 
per year taking an estimated 1 hour on average per report for 13,000 
hours of total burden. An additional 40 HMS dealers that use a ``file 
upload'' model of reporting would be estimated to submit 45 landings 
reports per year taking an estimated 2 hours on average per report for 
3,600 total burden hours per year. Additionally, this rule proposes to 
eliminate the requirement for bluefin tuna dealers to submit bi-weekly 
landing and trade reports for bluefin tuna received from U.S. vessels 
as the information submitted via these reports is duplicated under 
other bluefin tuna reporting requirements. It is estimated that the 
elimination of the bi-weekly reports would reduce Bluefin Tuna dealer 
reporting burden by approximately 108 hours per year. Finally, this 
rule would remove the requirement for dealers to report shark carcasses 
and fins separately. This change is not anticipated to reduce the 
number of expected responses and would have minimal impact on the time 
to complete landings reports and total burden hours. These estimates 
include the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information.
    Public comment is sought, but is not limited to, the following 
topics: (1) whether these proposed collections of information are 
necessary for the proper performance of the functions of the Department 
of Commerce, including whether the information shall have practical 
utility; the accuracy of the burden estimate; (2) ways to enhance the 
quality, utility, and clarity of the information to be collected; (3) 
ways to minimize the burden of the collections of information, 
including through the

[[Page 72815]]

use of automated collection techniques or other forms of information 
technology; and (4) any other relevant information germane to this 
rulemaking. Submit comments on these or any other aspects of the 
collections of information at: https://www.reginfo.gov/public/do/PRAMain. Notwithstanding any other provisions of the law, no person is 
required to respond or, nor shall any person by 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.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, 
Penalties, Reporting and recordkeeping requirements, Statistics, 
Treaties.

    Dated: August 29, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 635 as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

0
1. The authority citation for part 635 continues to read as follows:

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

0
2. In Sec.  635.4, revise paragraph (a)(5) to read as follows:


Sec.  635.4  Permits and fees.

* * * * *
    (a) * * *
    (5) Display upon offloading. Upon offloading of Atlantic HMS for 
sale, the owner or operator of the harvesting vessel must present for 
inspection the vessel's HMS Charter/Headboat permit with a commercial 
sale endorsement; Atlantic tunas, shark, or swordfish permit; 
Incidental HMS squid trawl; HMS Commercial Caribbean Small Boat permit; 
and/or the shark research permit to the first receiver. The permit(s) 
must be presented prior to completing any applicable report specified 
at Sec.  635.5(a)(2) through (4), (b)(1)(i), and (b)(2)(i).
* * * * *
0
3. In Sec.  635.5, revise paragraphs (a), (b), and (c) to read as 
follows:


Sec.  635.5  Recordkeeping and reporting.

* * * * *
    (a) Commercial vessel, charter boat, and headboat owners--(1) 
Responsibilities. The owner of a vessel may allow the vessel operator 
or another person to submit all required reports as described below. 
However, the owner of the vessel is responsible for ensuring that all 
reports are submitted in a timely and accurate manner.
    (2) Logbook reporting. The owner of any vessel that has been issued 
or is required to be issued one of the permits described in paragraphs 
(a)(2)(i) and (a)(2)(ii) of this section must submit logbook reports 
through an electronic system/application approved by NMFS for Atlantic 
HMS reporting. Logbook reports must include entries regarding the 
vessel's fishing effort, the number of fish caught, and the disposition 
of the catch. A complete electronic logbook report must be submitted 
after each trip (including tournament trips), regardless of whether the 
vessel was targeting HMS, according to the timing described below:
    (i) The owner of a vessel that has been issued or should have been 
issued an Atlantic Tunas Longline category permit (see Sec.  635.4(d)), 
shark directed LAP (see Sec.  635.4(e)), shark incidental LAP (see 
Sec.  635.4(e)), swordfish directed LAP (see Sec.  635.4(f)), swordfish 
incidental LAP (see Sec.  635.4(f)), or swordfish handgear LAP (see 
Sec.  635.4(f)) must submit an electronic logbook report within 7 days 
of offloading all Atlantic HMS. If no fishing occurred during a 
calendar month, the vessel owner must submit an electronic no-fishing 
report no later than 7 days after the end of that month.
    (ii) The owner of a vessel that has been issued or should have been 
issued an Atlantic Tunas General category permit (see Sec.  635.4(d)), 
Atlantic Tunas Harpoon category permit (see Sec.  635.4(d)), Swordfish 
General Commercial permit (see Sec.  635.4(f)), or HMS Charter/Headboat 
permit (see Sec.  635.4(b)) must submit an electronic logbook report 
within 24 hours of the end of the trip (including tournament trips). If 
no fishing occurred during a calendar month, the vessel owner must 
submit an electronic no-fishing report no later than 7 days after the 
end of that month.
    (3) Cost-earnings portion of the logbook. The following 
requirements regarding the cost-earnings portion of the logbook(s) 
apply to the owner of a vessel that reports under paragraphs (a)(2)(i) 
or (ii) of this section:
    (i) If an owner of a vessel issued a LAP is selected in writing by 
NMFS to complete the cost-earnings portion of the logbook, for each 
trip fishing for Atlantic HMS during that calendar year, the vessel 
owner must submit the cost-earnings portion according to the timing 
specified under paragraph (a)(2)(i) of this section. The vessel owner 
must also submit the Atlantic Highly Migratory Species Annual 
Expenditures form(s) no later than the date specified on the form of 
the following year.
    (ii) Owners of vessels issued commercial open access permits or HMS 
Charter/Headboat permits that report under paragraph (a)(2)(ii) of this 
section must complete the cost-earnings portion of the logbook and 
submit the logbook according to the timing specified under paragraph 
(a)(2)(ii) of this section.
    (iii) If an owner of a vessel issued a commercial open access 
permit or HMS Charter/Headboat permit is selected in writing by NMFS to 
complete the Annual Expenditures form, the form must be submitted no 
later than the date specified on the form of the following year.
    (4) Weighout slips. The owner of a vessel that reports under 
paragraph (a)(2)(i) of this section must submit electronically, along 
with the electronic logbook report, a weighout slip for all Atlantic 
HMS sold. Each weighout slip must report the dealer to whom the fish 
were transferred and the date they were transferred. Each weighout slip 
must also report the carcass weight of each BFT, BAYS tuna, and 
swordfish, and shark listed under heading C of Table 1 of appendix A to 
this part. For sharks listed under headings A and B of Table 1 of 
appendix A to this part, the weighout slip must report either total 
weights by species and market category, or carcass weights of each 
shark.
    (5) BFT landed by a commercial vessel and not sold. If a person who 
catches and lands a large medium or giant BFT from a vessel issued a 
permit in any of the commercial categories for Atlantic tunas does not 
sell or otherwise transfer the BFT to a dealer who has a dealer permit 
for Atlantic tunas, the person must contact a NMFS enforcement agent, 
as instructed by NMFS, immediately upon landing such BFT, provide the 
information needed for the reports required under paragraph (b)(2)(i) 
of this section, and, if requested, make the tuna available so that a 
NMFS enforcement agent or authorized officer may inspect the fish and 
attach a tag to it. Alternatively, such reporting requirement may be 
fulfilled if a dealer who has a dealer permit for Atlantic tunas 
affixes a dealer tag as required under paragraph (b)(2)(ii) of this 
section and reports the BFT as being landed but not sold on the reports 
required under paragraph (b)(2)(i) of this section. If a vessel is 
placed on a trailer, the person must contact a NMFS enforcement agent, 
or the BFT must have a dealer tag affixed to it by a permitted Atlantic 
tunas dealer, immediately upon the

[[Page 72816]]

vessel being removed from the water. All BFT landed but not sold will 
be accounted against the quota category according to the permit 
category of the vessel from which it was landed.
    (6) VMS and IBQ requirements. In addition to the reporting 
requirements described in this section, the owners or operators of 
vessels are subject to applicable VMS reporting requirements under 
Sec.  635.69, and IBQ Program requirements under Sec.  635.15.
    (b) Dealers. Persons who have been issued a dealer permit under 
Sec.  635.4 must report as follows:
    (1) Requirements for Atlantic HMS other than BFT. (i) Dealers that 
have been issued or should have been issued a Federal dealer permit 
under Sec.  635.4 and who first receive BAYS, swordfish, and/or sharks 
must submit to NMFS all reports required under this section within the 
timeframe specified under paragraph (b)(1)(ii) of this section. BAYS, 
swordfish, and sharks commercially harvested by a vessel can only be 
first received by dealers that have been issued or should have been 
issued an Atlantic tunas, swordfish, and/or shark dealer permit under 
Sec.  635.4. All reports must be species-specific and must include the 
required information about all BAYS, swordfish, and sharks received by 
the dealer, including the required vessel information, regardless of 
where the fish were harvested or whether the harvesting vessel is 
permitted under Sec.  635.4. For BAYS, swordfish, and pelagic sharks 
(under heading C of table 1 of appendix A to this part), the report 
must specify the weight of each carcass. For other shark species (under 
headings A, B, and E of table 1 of appendix A to this part), the report 
must include either total weights by species and market category, or 
carcass weights of each shark. The dealer must inspect the vessel's 
permit to verify that it is a commercial category, that the required 
vessel name and vessel number (i.e., U.S. Coast Guard documentation or 
State registration) as listed on the permit are correctly recorded in 
the dealer report, and that the vessel permit has not expired. Dealers 
are also required to submit ``negative'' reports, as specified under 
paragraph (b)(1)(ii) of this section. As stated in Sec.  635.4(a)(6), 
failure to comply with these recordkeeping and reporting requirements 
may result in existing dealer permit(s) being revoked, suspended, or 
modified, and in the denial of any permit applications.
    (ii) Reports of any BAYS, sharks, and/or swordfish first received 
by dealers from a vessel must be submitted on a weekly basis through an 
electronic system/application approved by NMFS for Atlantic HMS 
reporting. Each report must be received by NMFS no later than 0000, 
local time, of the first Tuesday following the end of the reporting 
week unless the dealer is otherwise notified by NMFS. Reports of BAYS, 
sharks, and/or swordfish may be modified for not more than 120 days 
from when the dealer report is submitted to NMFS. If the dealer did not 
first receive any species during the reporting week, the dealer must 
submit a negative report through an electronic system/application 
approved by NMFS for Atlantic HMS reporting indicating no receipt of 
any species. This negative report must be received by NMFS no later 
than 0000, local time, of the first Tuesday following the end of the 
reporting week unless the dealer is otherwise notified by NMFS.
    (iii) Atlantic HMS dealers are not authorized to first receive 
Atlantic swordfish, sharks, and/or BAYS if the required reports have 
not been submitted and received by NMFS according to reporting 
requirements under this section. Delinquent reports automatically 
result in an Atlantic HMS dealer becoming ineligible to first receive 
Atlantic swordfish, sharks, and/or BAYS. Atlantic HMS dealers who 
become ineligible to first receive Atlantic swordfish, sharks, and/or 
BAYS due to delinquent reports are authorized to first receive Atlantic 
swordfish, sharks, and/or BAYS only once all required and delinquent 
reports have been completed, submitted by the dealer, and received by 
NMFS.
    (2) Requirements for BFT. (i) Landing reports. Each dealer with a 
valid Atlantic tunas dealer permit issued under Sec.  635.4 must submit 
an electronic landing report to NMFS for each BFT received from a U.S. 
fishing vessel. Such reports must be submitted as instructed by NMFS 
not later than 24 hours after receipt of the BFT. Landing reports must 
include the name and permit number of the vessel that landed the BFT 
and other information regarding the catch as instructed by NMFS. When 
purchasing BFT from eligible IBQ Program participants, permitted 
Atlantic tunas dealers must enter landing reports into the Catch Shares 
Online System established under Sec.  635.15, not later than 24 hours 
after receipt of the BFT. The dealer must inspect the vessel's permit 
to verify that it is a commercial category, that the required vessel 
name and vessel number (i.e., U.S. Coast Guard documentation or State 
registration) as listed on the permit are correctly recorded in the 
landing report, and that the vessel permit has not expired.
    (ii) Dealer tags. NMFS will issue numbered dealer tags to each 
dealer issued an Atlantic tunas dealer permit under Sec.  635.4. A 
dealer tag is not transferable and is usable only by the dealer to whom 
it is issued. Dealer tags may not be reused once affixed to a tuna or 
recorded on a package, container, or report.
    (A) Affixing dealer tags. A dealer or a dealer's agent must affix a 
dealer tag to each BFT purchased or first received from a U.S. vessel 
immediately upon offloading the BFT. A dealer's agent is a person who 
is currently employed by a place of business covered by the dealer's 
permit; is a primary participant in the identification, weighing, and/
or first receipt of fish as they are received; and fills out dealer 
reports as required under Sec.  635.5. If a vessel is placed on a 
trailer, the dealer or dealer's agent must affix the dealer tag to the 
BFT immediately upon the vessel being removed from the water. The 
dealer tag must be affixed to the BFT between the fifth dorsal finlet 
and the caudal keel. Regardless of when the BFT was landed, on an RFD 
(as specified at Sec.  635.23(a)), no dealer or dealer's agent shall 
purchase, first receive, or affix a dealer tag to a BFT that is on or 
from a vessel that has an Atlantic Tunas General category permit or HMS 
Charter/Headboat permit with a commercial sale endorsement.
    (B) Removal of dealer tags. A dealer tag affixed to any BFT under 
paragraph (b)(2)(ii)(A) of this section or a BSD tag affixed to an 
imported BFT must remain on the fish until it is cut into portions. If 
the BFT or BFT parts subsequently are packaged for transport for 
domestic commercial use or for export, the number of the dealer tag or 
the BSD tag must be written legibly and indelibly on the outside of any 
package containing the tuna. Such tag number also must be recorded on 
any document accompanying the shipment of BFT for commercial use or 
export.
    (iii) Reporting in the IBQ Program. Dealers must comply with dealer 
requirements related to the IBQ Program under Sec.  635.15(f)(3)(iii).
    (3) Recordkeeping. Dealers must retain at their place of business a 
copy of each report required under paragraphs (b)(1) and (b)(2) of this 
section for a period of 2 years from the date on which each report was 
required to be submitted.
    (c) Vessel owners with HMS Angling permits. All BFT, billfish, and 
North Atlantic swordfish non-tournament landings must be reported as 
specified under paragraphs (c)(1) or (c)(2) of this section, unless an 
alternative recreational catch reporting system has

[[Page 72817]]

been established as specified under paragraph (c)(3) of this section. 
Landing reports submitted to NMFS are not complete unless the vessel 
owner, or the owner's designee, has received a confirmation number or a 
unique identifier for the report (e.g., a vessel trip report number) 
generated by the reporting system. Tournament landings of all HMS must 
be reported as specified under paragraph (d) of this section.
    (1) Bluefin tuna. The owner of a vessel issued or required to be 
issued an HMS Angling permit under Sec.  635.4 must report the catch of 
all BFT discarded dead and/or retained under the Angling category quota 
designated at Sec.  635.27(a) through an electronic system/application 
approved by NMFS for Atlantic HMS reporting within 24 hours of the 
landing.
    (2) Billfish and swordfish. The owner of a vessel issued or 
required to be issued an HMS Angling permit must report all non-
tournament landings of Atlantic blue marlin, Atlantic white marlin, 
roundscale spearfish, Atlantic sailfish, and North Atlantic swordfish 
to NMFS through an electronic system/application approved by NMFS for 
Atlantic HMS reporting within 24 hours of that landing.
    (3) Alternative recreational catch reporting. As an alternative to 
the reporting requirements in paragraphs (c)(1) and (2) of this 
section, recreational catch reporting procedures may be established by 
NMFS with cooperation from States which may include such methodologies 
as telephone, dockside or mail surveys, mail in or phone-in reports, 
electronic reporting, tagging programs, catch cards, or mandatory 
check-in stations. A census or a statistical sample of persons fishing 
under the recreational fishing regulations of this part may be used for 
these alternative reporting programs (after the programs have received 
Paperwork Reduction Act approval from OMB). Persons or vessel owners 
selected for reporting will be notified by NMFS or by the cooperating 
State agency of the requirements and procedures for reporting 
recreational catch. Each person so notified must comply with those 
requirements and procedures. Additionally, NMFS may determine that 
recreational landing reporting systems implemented by the States, if 
mandatory, at least as restrictive, and effectively enforced, are 
sufficient for recreational landing monitoring as required under this 
part. In such case, NMFS will file with the Office of the Federal 
Register for publication notification indicating that compliance with 
the State system satisfies the reporting requirements of paragraph (c) 
of this section.
* * * * *
0
4. In Sec.  635.15, revise paragraph (f)(3)(iii) to read as follows:


Sec.  635.15  Individual bluefin tuna quotas (IBQs).

* * * * *
    (f) * * *
    (3) * * *
    (iii) End-of-year IBQ transactions by dealers. Federal Atlantic 
tunas dealer permit holders must comply with reporting requirements at 
Sec.  635.5(b)(2)(i). No IBQ transactions will be processed between 6 
p.m. eastern time on December 31 and 2 p.m. Eastern Time on January 1 
of each year to provide NMFS time to reconcile IBQ accounts and update 
IBQ shares and allocations for the upcoming fishing year.
* * * * *
0
5. In Sec.  635.30, revise paragraph (c)(3) to read as follows:


Sec.  635.30  Possession at sea and landing.

* * * * *
    (c) * * *
    (3) Once landed and offloaded, sharks that have been halved, 
quartered, filleted, cut up, or reduced in any manner may not be 
brought back on board a vessel that has been or should have been issued 
a Federal Atlantic commercial shark permit.
* * * * *
0
6. In Sec.  635.31, revise paragraphs (a)(1). (a)(2)(ii), (c)(4), and 
(d)(2) to read as follows:


Sec.  635.31  Restrictions on sale and purchase.

    (a) * * *
    (1) A person who owns or operates a vessel from which an Atlantic 
tuna is landed or offloaded may sell such Atlantic tuna only if that 
vessel has a valid HMS Charter/Headboat permit with a commercial sale 
endorsement; a valid Atlantic Tunas General, Harpoon, Longline, or Trap 
category permit; or a valid HMS Commercial Caribbean Small Boat permit 
issued under this part and the appropriate category has not been closed 
as specified at Sec.  635.28(a). No person may sell a BFT smaller than 
the large medium size class. No large medium or giant BFT may be sold 
if caught by a person aboard a vessel with an Atlantic HMS Charter/
Headboat permit fishing in the Gulf of Mexico at any time or outside 
the Gulf of Mexico when the General category fishery has been closed 
(see Sec.  635.23(c)). A person may sell Atlantic BFT only to a dealer 
that has a valid permit for purchasing Atlantic tunas issued under this 
part. A person may not sell or purchase Atlantic tunas harvested with 
speargun fishing gear. A person issued an Atlantic Tunas General 
category permit or HMS Charter/Headboat permit with a commercial sale 
endorsement must land, sell or transfer a BFT to a dealer that has a 
valid permit for purchasing Atlantic tunas no later than 0000 local 
time the day prior to an RFD, as specified at Sec.  635.23(a). If that 
person is unable to sell or otherwise transfer the BFT to a dealer who 
has a dealer permit for Atlantic tunas no later than 0000 local time, 
the person must follow the restrictions applicable to landed but not 
sold BFT specified at Sec.  635.5(a)(5). In no case shall such person 
possess a BFT on an RFD.
    (2) * * *
    (ii) Dealers may first receive BAYS tunas only if they have 
submitted reports to NMFS according to reporting requirements at Sec.  
635.5(b)(1)(i) and (ii), and only from a vessel that has a valid 
Federal commercial permit for Atlantic tunas issued under this part in 
the appropriate category. Vessel owners and operators of vessels that 
have been issued an Atlantic Tunas Longline category permit can sell 
BAYS tunas and dealers can purchase BAYS tunas from such vessels only 
if the Longline category is open per Sec.  635.28(a). Individuals 
issued a valid HMS Commercial Caribbean Small Boat permit and operating 
in the U.S. Caribbean as defined at Sec.  622.2 of this chapter, may 
sell their trip limits of BAYS tunas, codified at Sec.  635.24(c), to 
dealers and non-dealers. Persons may only sell albacore tuna and 
dealers may only first receive albacore tuna if the northern albacore 
tuna fishery has not been closed as specified at Sec.  635.28(d).
* * * * *
    (c) * * *
    (4) Only dealers who have a valid Federal Atlantic shark dealer 
permit and who have submitted reports to NMFS according to reporting 
requirements of Sec.  635.5(b)(1)(i) and (ii) may first receive a shark 
from an owner or operator of a vessel that has, or is required to have, 
a valid Federal Atlantic commercial shark permit issued under this 
part. Dealers may purchase a shark only from an owner or operator of a 
vessel who has a valid commercial shark permit issued under this part, 
except that dealers may purchase a shark from an owner or operator of a 
vessel who does not have a Federal Atlantic commercial shark permit if 
that vessel fishes exclusively in State waters and does not possess a 
HMS Angling permit or HMS Charter/Headboat permit pursuant to Sec.  
635.4. Atlantic shark dealers may

[[Page 72818]]

purchase a sandbar shark only from an owner or operator of a vessel who 
has a valid shark research permit and who had a NMFS-approved observer 
onboard the vessel for the trip in which the sandbar shark was 
collected. Atlantic shark dealers may purchase a shark from an owner or 
operator of a fishing vessel who has a valid commercial shark permit 
issued under this part only when the fishery for that species, 
management group, region, and/or sub-region has not been closed, as 
specified in Sec.  635.28(b). Atlantic shark dealers may first receive 
a shark from a vessel that has pelagic longline gear onboard only if 
the Atlantic Tunas Longline category has not been closed, as specified 
in Sec.  635.28(a).
* * * * *
    (d) * * *
    (2) Atlantic swordfish dealers may first receive a swordfish 
harvested from the Atlantic Ocean only from an owner or operator of a 
fishing vessel that has a valid commercial permit for swordfish issued 
under this part, and only if the dealer has submitted reports to NMFS 
according to reporting requirements of Sec.  635.5(b)(1)(i) and (ii). 
Atlantic swordfish dealers may first receive a swordfish from a vessel 
that has pelagic longline gear onboard only if the Atlantic Tunas 
Longline category has not been closed, as specified in Sec.  
635.28(a)(3).
0
7. In Sec.  635.32, revise paragraph (e) to read as follows:


Sec.  635.32  Specifically authorized activities.

* * * * *
    (e) Chartering arrangements and permits--(1) Chartering 
arrangements. (i) For the purposes of this section, a chartering 
arrangement means any contract, agreement, or commitment between a U.S. 
vessel owner and a foreign entity (e.g., government, company, person) 
by which the control, use, possession, or services of a vessel are 
secured, for a period of time for fishing targeting Atlantic HMS. 
Chartering arrangements under this part do not include bareboat 
charters under which a vessel enters into a fishing agreement with a 
foreign entity, changes registration to fish under another country's 
registration then, once the agreed-upon fishing is completed, reverts 
back to the vessel's original registration.
    (ii) Before fishing under a chartering arrangement, the owner of a 
fishing vessel subject to U.S. jurisdiction must apply for, and obtain, 
a chartering permit as specified in paragraphs (e)(2) and (g) of this 
section. If a chartering permit is obtained, the vessel owner must 
submit catch information as specified in the terms and conditions of 
that permit. All catches will be recorded and counted against the 
applicable quota of the Contracting Party to which the chartering 
foreign entity is a member and, unless otherwise provided in the 
chartering permit, must be offloaded in the ports of the chartering 
foreign entity or offloaded under the direct supervision of the 
chartering foreign entity.
    (iii) If the chartering arrangement terminates before the 
expiration of the charter permit, the vessel owner must notify NMFS 
immediately and in writing, upon termination of the chartering 
arrangement. Such notification requirements shall also apply to 
situations where the chartering arrangement is temporarily suspended 
and during intermittent periods where the vessel may be fishing under 
U.S. quotas for Atlantic HMS.
    (2) Chartering permits. (i) For activities consistent with the 
purposes of this section, and Sec.  600.745(b)(1) of this chapter, NMFS 
may issue chartering permits for recordkeeping and reporting purposes. 
An application for a chartering permit must include all information 
required under Sec.  600.745(b)(2) of this chapter and, in addition, 
written notification of: the species of fish covered by the chartering 
arrangement and quota allocated to the Contracting Party of which the 
chartering foreign entity is a member; duration of the arrangement; 
measures adopted by the chartering Contracting Party of which the 
foreign entity is a member to implement ICCAT chartering provisions; 
copies of fishing licenses, permits, and/or other authorizations issued 
by the chartering Contracting Party of which the foreign entity is a 
member for the vessel to fish under the arrangement; a copy of the High 
Seas Fishing Compliance Act Permit pursuant to 50 CFR part 300, subpart 
R; documentation regarding interactions with protected resources; and 
documentation regarding the legal establishment of the chartering 
company. To be considered complete, an application for a chartering 
permit for a vessel must include all information specified in Sec.  
600.745(b)(2) of this chapter, and in paragraphs (e)(2) and (g) of this 
section.
    (ii) Notwithstanding the provisions of Sec.  600.745 of this 
chapter and other provisions of this part, a valid chartering permit is 
required to fish for, take, retain, or possess ICCAT-regulated species 
under chartering arrangements as specified in paragraph (e)(1) of this 
section. A valid chartering permit must be on board the harvesting 
vessel, must be available when ICCAT-regulated species are landed, and 
must be presented for inspection upon request of an authorized officer. 
A chartering permit is valid for the duration of the chartering 
arrangement or until the expiration date specified on the permit, 
whichever comes first. Vessels issued a chartering permit shall not be 
authorized to fish under applicable Atlantic HMS quotas or entitlements 
of the United States until the chartering permit expires or is 
terminated.
    (iii) Charter permit holders must submit logbooks and comply with 
reporting requirements as specified in Sec.  635.5. NMFS will provide 
specific conditions and requirements in the chartering permit, so as to 
ensure consistency, to the extent possible, with laws of foreign 
countries, the 2006 Consolidated HMS FMP and its amendments, as well as 
ICCAT recommendations.
    (iv) Observers may be placed on board vessels issued chartering 
permits as specified under Sec.  635.7.
    (v) NMFS will issue a chartering permit only if it determines that 
the chartering arrangement is in conformance with ICCAT's conservation 
and management programs.
    (vi) A vessel shall be authorized to fish under only one chartering 
arrangement at a time.
    (vii) All chartering permits are subject to sanctions and denials 
as indicated under Sec.  635.4(a)(6).
* * * * *
0
8. In Sec.  635.71, revise paragraphs (a)(25), (41), (42), (43), and 
(44), (b)(5), (6), (26), (27), (28), (29), (42), and (45), (c)(6), and 
(e)(15) to read as follows:


Sec.  635.71  Prohibitions.

* * * * *
    (a) * * *
    (25) Dispose of fish or parts thereof or other matter in any 
manner, as specified in Sec.  635.5, after any communication or signal 
from an authorized officer, or after the approach of an authorized 
officer.
* * * * *
    (41) Fail to immediately notify NMFS upon the termination of a 
chartering arrangement as specified in Sec.  635.32(e).
    (42) Count chartering arrangement catches against quotas other than 
those defined as the Contracting Party of which the chartering foreign 
entity is a member as specified in Sec.  635.32(e).
    (43) Fail to submit catch information regarding fishing activities 
conducted under a chartering arrangement with a foreign entity, as 
specified in Sec.  635.32(e).
    (44) Offload charter arrangement catch in ports other than ports of 
the

[[Page 72819]]

chartering Contracting Party of which the foreign entity is a member or 
offload catch without the direct supervision of the chartering foreign 
entity as specified in Sec.  635.32(e).
* * * * *
    (b) * * *
    (5) Fail to report a large medium or giant BFT that is not sold, as 
specified in Sec.  635.5(a)(5), or fail to report a BFT that is sold 
through the logbook requirement specified in Sec.  635.5(a)(2).
    (6) As the owner of a vessel issued or required to be issued an HMS 
Angling permit, fail to report a BFT, as specified in Sec.  635.5(c)(1) 
or (c)(3).
* * * * *
    (26) For any person to refuse to provide information requested by 
NMFS personnel or anyone collecting information for NMFS, under an 
agreement or contract, relating to the scientific monitoring or 
management of Atlantic tunas, as specified in Sec.  635.5.
    (27) Possess a large medium or giant BFT, after it has been landed, 
that does not have a dealer tag affixed to it as specified in Sec.  
635.5(b)(2), unless the BFT is not to be sold and has been reported per 
the requirements specified in Sec. Sec.  635.5(a)(5) or 635.5(c).
    (28) Participate in any HMS recreational fishing activity aboard a 
vessel issued an Atlantic Tunas General category permit unless, as 
specified at Sec.  635.4(c)(2) and (3), the vessel has registered and 
paid an entry fee to, and is fishing under the rules of, a recreational 
HMS fishing tournament registered as required under Sec.  635.5(d).
    (29) As a dealer or dealer's agent, purchase, first receive, or 
affix a dealer tag to a BFT that is on or from a vessel that has been 
issued an Atlantic Tunas General category permit or HMS Charter/
Headboat permit with a commercial sale endorsement, as specified in 
Sec.  635.5(b)(2), after 0000 local time on an RFD.
* * * * *
    (42) Fail to report all dead discards or landings of BFT through an 
electronic system/application approved by NMFS for Atlantic HMS 
reporting within 24 hours of the end of the trip as specified at Sec.  
635.5(a)(2).
* * * * *
    (45) Fail to comply with landing report requirements, as specified 
under Sec.  635.5(b)(2).
* * * * *
    (c) * * *
    (6) As the owner of a vessel issued or required to be issued an HMS 
Angling permit, fail to report a billfish, as specified in Sec.  
635.5(c)(2) or (c)(3).
* * * * *
    (e) * * *
    (15) As the owner of a vessel issued or required to be issued an 
HMS Angling permit, fail to report a North Atlantic swordfish, as 
specified in Sec.  635.5(c)(2) or (c)(3).
* * * * *
[FR Doc. 2024-19892 Filed 9-5-24; 8:45 am]
BILLING CODE 3510-22-P