83_FR_12381 83 FR 12326 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Modifications to Individual Fishing Quota Programs

83 FR 12326 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Modifications to Individual Fishing Quota Programs

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 55 (March 21, 2018)

Page Range12326-12332
FR Document2018-05628

NMFS proposes to implement management measures described in Amendment 36A to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Gulf) (Amendment 36A), as prepared by the Gulf of Mexico Fishery Management Council (Council). This proposed rule would require owners or operators of federally permitted commercial Gulf reef fish vessels landing any commercially harvested, federally managed reef fish from the Gulf to provide notification prior to landing and to land at approved locations; require shares from the red snapper individual fishing quota (IFQ) (RS-IFQ) program and the groupers and tilefishes IFQ (GT-IFQ) program that are in non-activated IFQ accounts to be returned to NMFS for redistribution; and allow NMFS to withhold a portion of IFQ allocation at the start of a fishing year equal to an anticipated commercial quota reduction. The purpose of this proposed rule is to improve compliance and increase management flexibility in the RS-IFQ and GT-IFQ programs, and increase the likelihood of achieving optimum yield (OY) for Gulf reef fish stocks managed under these programs.

Federal Register, Volume 83 Issue 55 (Wednesday, March 21, 2018)
[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Proposed Rules]
[Pages 12326-12332]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05628]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170413393-8178-01]
RIN 0648-BG83


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Modifications to Individual 
Fishing Quota Programs

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 proposes to implement management measures described in 
Amendment 36A to the Fishery Management Plan (FMP) for the Reef Fish 
Resources of the Gulf of Mexico (Gulf) (Amendment 36A), as prepared by 
the Gulf of Mexico Fishery Management Council (Council). This proposed 
rule would require owners or operators of federally permitted 
commercial Gulf reef fish vessels landing any commercially harvested, 
federally managed reef fish from the Gulf to provide notification prior 
to landing and to land at approved locations; require shares from the 
red snapper individual fishing quota (IFQ) (RS-IFQ) program and the 
groupers and tilefishes IFQ (GT-IFQ) program that are in non-activated 
IFQ accounts to be returned to NMFS for redistribution; and allow NMFS 
to withhold a portion

[[Page 12327]]

of IFQ allocation at the start of a fishing year equal to an 
anticipated commercial quota reduction. The purpose of this proposed 
rule is to improve compliance and increase management flexibility in 
the RS-IFQ and GT-IFQ programs, and increase the likelihood of 
achieving optimum yield (OY) for Gulf reef fish stocks managed under 
these programs.

DATES: Written comments must be received by April 20, 2018.

ADDRESSES: You may submit comments on the proposed rule identified by 
``NOAA-NMFS-2017-0060'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0060, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit all written comments to Peter Hood, NMFS 
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 
33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirement contained in this 
proposed rule may be submitted to Adam Bailey, NMFS Southeast Regional 
Office (see mailing address above), by email to 
[email protected], or by fax to 202-395-5806.
    Electronic copies of Amendment 36A, which includes an environmental 
assessment, a fishery impact statement, a regulatory impact review, and 
a Regulatory Flexibility Act (RFA) analysis may be obtained from the 
Southeast Regional Office website at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2017/A36A_comm_IFQ/am36Aindex.html.

FOR FURTHER INFORMATION CONTACT: Peter Hood, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected]; IFQ 
Customer Service, telephone: 1-866-425-7627, Monday through Friday from 
8 a.m. to 4:30 p.m., eastern time.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery under the FMP. The FMP was prepared by the Council and is 
implemented by NMFS through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.).
    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the OY from federally managed fish stocks. These mandates are 
intended to ensure fishery resources are managed for the greatest 
overall benefit to the nation, particularly with respect to providing 
food production and recreational opportunities, and protecting marine 
ecosystems.

Background

    There are two commercial IFQ programs in the Gulf. Amendment 26 to 
the FMP established the RS-IFQ program, and Amendment 29 to the FMP 
established the GT-IFQ program. The RS-IFQ program manages commercial 
harvest of red snapper and was implemented on January 1, 2007 (71 FR 
67447, November 22, 2006). The GT-IFQ program manages commercial 
harvest of multiple species of groupers and tilefishes, as specified in 
50 CFR 622.22(a), and was implemented on January 1, 2010 (74 FR 44732, 
August 31, 2009). Both IFQ programs share a single Web-based accounting 
and reporting system.
    The Council began the development of Amendment 36 to the FMP in 
response to a 5-year review of the RS-IFQ Program completed in 2013. 
This review evaluated the progress of the RS-IFQ program towards 
achieving the stated program goals of reducing overcapacity in the 
fishery and eliminating problems associated with race-to-fish (derby) 
fishing. The Council also received input on the program from some of 
their advisory panels as well as from the public. As a result, the 
suggested modifications to the RS-IFQ program became complex, and the 
Council split the numerous potential actions into two FMP amendments, 
Amendments 36A and 36B. The scope of the actions was also expanded to 
include revisions to the GT-IFQ program because management, as well as 
the goals and objectives, of this program are similar to the RS-IFQ 
program. Amendment 36A addresses compliance and program flexibility 
issues, while Amendment 36B addresses program participation and the 
distribution of IFQ shares and allocation in the programs.

Management Measures Contained in This Proposed Rule

    This proposed rule would require that the owner or operator of a 
commercial reef fish permitted vessel landing any commercially 
harvested Gulf reef fish, or Florida Keys/East Florida hogfish 
harvested in the Gulf, to notify NMFS between 3 and 24 hours in advance 
of landing and to land at approved locations. In addition, the proposed 
rule would permanently return to NMFS any IFQ shares contained in RS-
IFQ or GT-IFQ accounts that have not been activated since the current 
Web-based system was put in place on January 1, 2010. Finally, the 
proposed rule would allow NMFS to withhold distribution of IFQ 
allocation on January 1, the beginning of the fishing year, if a 
reduction in the commercial quota for any IFQ species or multi-species 
group is expected to be implemented in that same fishing year.

Landing Notification

    Currently, to improve compliance with the IFQ programs, vessel 
owners or operators with commercial Gulf reef fish permits are required 
to notify NMFS between 3 and 24 hours in advance of landing any 
commercially harvested species managed under the IFQ programs (IFQ 
species). The advance landing notification must provide the vessel 
identification number, the landing date and time, the approved landing 
location, the name and address of the IFQ dealers where the species 
will be landed, and the estimated weight of IFQ species to be landed. 
Although the advance landing notifications help with the enforcement of 
the IFQ programs, one of the conclusions from a 5-year review of the 
RS-IFQ Program was additional enforcement efforts may be necessary to 
deter IFQ landing violations.
    The proposed rule would expand the requirement for an advance 
landing notification to all commercial trips that land Gulf reef fish 
species or Florida Keys/East Florida hogfish harvested in the Gulf even 
if no IFQ species are on board. Note that the single hogfish stock in 
the Gulf was recently split into a West Florida stock and a Florida 
Keys/East Florida stock, separated at 25[deg]09' N lat. in Gulf Federal 
waters off the west coast of Florida (82 FR 34574 and 82 FR 34584, July 
25, 2017). The management measures for the Florida Keys/East Florida 
stock are developed by the South Atlantic Fishery Management Council, 
but commercial vessels fishing

[[Page 12328]]

for this stock in Gulf Federal waters are required to have a Federal 
commercial permit for Gulf reef fish and are required to follow the 
reporting requirements associated with this permit.
    The vessel owner or operator would notify NMFS at least 3 hours, 
but no more than 24 hours, in advance of landing on each trip. The 
landing notification would report the vessel identification number, the 
date and time of landing, and the approved landing location. This 
notification would be submitted via the vessel's existing onboard 
vessel monitoring system (VMS), but could also be submitted by other 
NMFS approved methods (e.g., by phone) if they are developed at a later 
time. Requiring notification in advance of landing any federally 
managed reef fish from the Gulf is expected to help deter fishermen 
from illegally landing IFQ species or reporting IFQ species as another 
species (e.g., red snapper reported as vermilion snapper) because law 
enforcement and port agents would be informed in advance of all reef 
fish trips returning to port and can meet vessels to inspect landings. 
If any IFQ species are to be landed, all regulations under the 
applicable IFQ program must be followed, including the more extensive 
advance notice of landing. Only one IFQ advance landing notification 
covering both IFQ and non-IFQ Gulf reef fish species or Florida Keys/
East Florida hogfish harvested in the Gulf would be required on such a 
trip.
    Additional information about approved landing locations and 
submitting additional landing locations to NMFS for approval is 
described later in this proposed rule.

Non-Activated IFQ Shareholder Accounts

    This proposed rule also addresses RS-IFQ and GT-IFQ shareholder 
accounts that received shares through the initial apportionment when 
each IFQ program began, but the accounts have never been accessed by 
the shareholder since January 1, 2010, the initiation of the current 
IFQ system. NMFS and the Council have attempted to notify account 
holders with these non-activated IFQ accounts through phone calls, 
certified letters, and discussion at public meetings. Although shares 
in the non-activated accounts represent a small fraction of the total 
shares, annual allocation assigned to these non-activated IFQ accounts 
is not landed, and therefore, may prevent achieving OY if not made 
available for use. The proposed rule would return the shares from non-
activated RS-IFQ and GT-IFQ accounts to NMFS for redistribution. The 
Council intends to redistribute these shares to IFQ program 
participants through a mechanism determined in Amendment 36B.
    For more information on how to activate an existing non-activated 
IFQ account, persons may call the IFQ Customer Service line at 1-866-
425-7627, and select option 2 during weekday business hours of 8 a.m. 
to 4:30 p.m., eastern time. NMFS will also attempt to notify holders of 
the non-activated IFQ accounts via certified mail to advise them of the 
potential action and provide an opportunity for those individuals to 
activate their accounts.

Allocation

    Finally, this proposed rule addresses how to distribute allocation 
to IFQ shareholders in years in which there is an anticipated reduction 
of the commercial quota. Due to the time involved to develop documents, 
consider alternatives, and solicit public feedback, this situation 
would generally occur if the Council approved an action to reduce the 
commercial quota of any IFQ species or multi-species share category but 
NMFS could not complete the associated rulemaking before January 1, the 
start of the fishing year. Under the IFQ programs, annual allocation is 
distributed to IFQ shareholders on January 1, and most IFQ program 
participants begin to use or transfer their allocation early in each 
year. After shareholders begin transferring or landing allocation, NMFS 
is not able to retroactively withdraw allocation from shareholder 
accounts if a quota decrease became effective after the beginning of 
the fishing year. This proposed rule would allow NMFS to anticipate a 
decrease in the quota of any IFQ species or multi-species share 
categories after the start of a fishing year and withhold distribution 
of quota equal to the amount of the expected decrease in commercial 
quota. NMFS would distribute the remaining portion of the annual 
allocation to shareholders on January 1. If a final rule to implement 
the associated commercial quota reduction is not effective by June 1 in 
the same fishing year, then NMFS would distribute the withheld quota 
back to the current shareholders, as determined based on the date the 
withheld IFQ allocation was distributed.

Approved Landing Locations

    As explained previously, this proposed rule would require vessel 
owners or operators on commercial trips who harvest non-IFQ Gulf reef 
fish species or Florida Keys/East Florida hogfish harvested in the Gulf 
to land at an approved landing location. In anticipation of this 
potential requirement, NMFS is encouraging current and potential 
participants to submit additional landing locations to NMFS now for 
approval. Landing locations can be submitted by calling IFQ Customer 
Service at any time (see contact information above). A list of 
currently approved landing locations for the IFQ programs can be found 
at the IFQ website (portal.southeast.fisheries.noaa.gov/cs/main.html), 
under View Landing Locations. Any landing locations that have been 
approved for use in the IFQ programs would also be approved to land 
non-IFQ Gulf reef fish species or Florida Keys/East Florida hogfish 
harvested in the Gulf. Therefore, NMFS suggests persons check the list 
to determine if desired landing locations are currently in use prior to 
submitting a landing location for approval.
    New landing locations are approved only at the end of each 
calendar-year quarter (end of March, June, September, and December). To 
have a landing location approved by the end of the quarter, it would 
have to be submitted at least 45 days before the quarter ends. Landing 
locations can be submitted at any time as described above.
    Approved landing locations must be publicly and freely accessible 
by land and water, and must have a street address or, if a particular 
landing location has no street address on record, global positioning 
system (GPS) coordinates for an identifiable geographic location 
provided in degrees and decimal minutes. Other criteria used by NOAA's 
Office of Law Enforcement (OLE) when approving locations are listed at 
50 CFR 622.21(b)(5)(v) and 622.22(b)(5)(v), and would be added by 
reference to new paragraph 622.26(a)(2)(v) through this proposed rule.
    Once OLE approves new landing locations, updates to the landing 
notification screen on vessel monitoring system VMS units are 
constrained by programming requirements by the VMS vendors. Unless this 
changes, approved landing locations may not appear on the VMS screen 
immediately after approval.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Amendment 36A, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable laws, subject to further 
consideration after public comment.

[[Page 12329]]

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
proposed rule. No duplicative, overlapping, or conflicting Federal 
rules have been identified. A description of this proposed rule, why it 
is being considered, and the objectives of this proposed rule are 
contained in the preamble and in the SUMMARY section of the preamble.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if implemented, would not 
have a significant economic impact on a substantial number of small 
entities. A description of the factual basis for this determination 
follows.
    This proposed rule, if implemented, would expand the current 
requirement for vessels with a Federal commercial reef fish permit in 
the Gulf to notify NMFS in advance of landing reef fish species managed 
under an IFQ program. Commercial vessels landing Gulf reef fish not 
managed under an IFQ program or Florida Keys/East Florida hogfish 
harvested in the Gulf would also be required to notify NMFS prior to 
landing these species on each trip, although information reported 
(i.e., date, time, approved location of landing, and vessel 
identification number) would be more limited than reports for IFQ 
species. This proposed rule would also return shares from non-activated 
IFQ accounts in the RS-IFQ and GT-IFQ programs to NMFS for future 
redistribution; and provide NMFS with the authority to withhold annual 
allocation of red snapper, or IFQ-managed groupers and tilefishes 
before distribution at the beginning of a fishing year (January 1) in 
which a commercial quota reduction is expected to be implemented in 
that same fishing year. The amount of IFQ allocation withheld from 
distribution would equal the amount of the expected commercial quota 
reduction. If a final rule to implement a commercial quota reduction is 
not effective by June 1 during a fishing year, NMFS would release the 
withheld allocation to shareholders. The purposes of this proposed rule 
are to increase management flexibility and improve compliance in the 
RS-IFQ and GT-IFQ programs, and increase the likelihood of achieving OY 
for reef fish stocks managed under these programs. The objectives of 
this proposed rule are to prevent overfishing; to achieve, on a 
continuing basis, the OY from federally managed reef fish stocks; and 
to rebuild the red snapper stock that has been determined to be 
overfished.
    This proposed rule is expected to directly regulate businesses that 
harvest non-IFQ Gulf reef fish species in the Gulf or Florida Keys/East 
Florida hogfish harvested in the Gulf, but do not harvest IFQ species 
on the same commercial fishing trips in the Gulf, and businesses that 
possess non-activated share accounts in the RS-IFQ and GT-IFQ programs. 
There were 731 vessels that landed at least 1 lb (0.5 kg) of species 
managed under the RS-IFQ or GT-IFQ program from 2011 through 2015. 
These vessels were already subject to existing advance notice of 
landing requirements on trips for which they landed IFQ species. There 
were 1,020 vessels that landed at least 1 lb (0.5 kg) of Gulf reef fish 
species (i.e., IFQ and non-IFQ species) managed under the FMP. Thus, 
289 vessels that land non-IFQ Gulf reef fish but do not land IFQ Gulf 
reef fish on commercial fishing trips would be directly regulated by 
the proposed expansion of the advance notice of landing requirements.
    Although NMFS possesses complete ownership data regarding 
businesses and commercial vessels that land IFQ species, ownership data 
regarding businesses that possess Gulf reef fish permits but do not 
land IFQ species is incomplete. Therefore, it is not currently feasible 
to accurately determine affiliations between these particular 
businesses. While it will result in an overestimate of the actual 
number of businesses directly regulated by the extension of the advance 
notice requirement, for the purposes of this analysis, it is assumed 
that each vessel is independently owned by a single business. In 
addition, the 81 non-activated IFQ accounts with shares are held by 81 
different businesses. Based on available data, these businesses are 
separate and distinct from the 289 businesses directly regulated by the 
expanded advance notice of landing requirement.
    Thus, NMFS expects this proposed rule, if implemented, to directly 
regulate 289, or about 28 percent, of the 1,020 businesses that 
harvested Gulf reef fish species from 2011 through 2015 and 81 
businesses that possessed shares in 81 non-activated IFQ accounts, or 
about 11 percent, of the 750 IFQ accounts that existed on December 14, 
2016.
    NMFS has established a small business size standard of $11 million 
in annual gross receipts (revenue) for all businesses primarily engaged 
in the commercial fishing industry (NAICS code 11411) for RFA 
compliance purposes only (50 CFR 200.2). In addition to this gross 
revenue standard, a business primarily involved in commercial fishing 
is classified as a small business if it is independently owned and 
operated, and is not dominant in its field of operations (including its 
affiliates).
    Of the 1,020 vessels that harvested Gulf reef fish from 2011 
through 2015, the maximum average annual gross revenue earned by a 
single vessel was approximately $4.65 million, while the average annual 
gross revenue across all commercial Gulf reef fish vessels was 
$130,574. Further, of the 81 businesses that possess shares in a non-
activated IFQ account, only 1 of these businesses has been active in 
the commercial fishing industry during this time period. Because the 
other 80 businesses have not been active in the commercial fishing 
industry during this time, they have no known gross revenues. Although 
the one business that has been active owns six commercial fishing 
vessels, none of these vessels have been active in the industry since 
2012. The average annual revenue for this business is confidential and 
therefore cannot be released, but it was significantly below the $11 
million threshold.
    Based on the information above, all businesses directly regulated 
by this proposed rule are determined to be small businesses for the 
purpose of this analysis. Therefore, NMFS has determined that this 
proposed rule will affect a substantial number of small businesses.
    This proposed rule would establish new reporting requirements for 
vessels that harvest reef fish species in the Gulf that are not managed 
under the RS-IFQ or GT-IFQ programs. Specifically, the expansion of the 
advance notice of landing requirement would require commercially 
permitted Gulf reef fish vessels to contact NMFS prior to landing if 
they are landing non-IFQ Gulf reef fish species or Florida Keys/East 
Florida hogfish harvested in the Gulf on a trip where no IFQ species 
are being landed. The expanded advance notification requirement would 
cause these vessels to incur some minor additional communication costs 
and an additional time burden associated with reporting the required 
information (i.e., date, time, approved location of landing, and vessel 
identification number). The additional communication costs would not 
only vary by VMS vendor, but also by the communication plan chosen by 
each vessel owner. Under plans where the owner pays a fixed amount up 
to some specific level of data use, there would be no additional cost 
as a result of having to submit the required information. Conversely, 
the vessel owner would incur a cost if the owner

[[Page 12330]]

chose a plan where communication costs are directly based, and 
therefore vary, depending on the size and number of messages being 
transmitted. The expanded advance notice of landing requirement would 
apply to an additional 1,042 trips per year on average by 289 
additional vessels, or approximately 3.6 trips per vessel per year. 
Based on available information regarding VMS vendors and communication 
plans, vessel owners are expected to incur additional communication 
costs of up to about $0.33 per trip. For the 1,042 trips affected by 
the advance notice of landing requirement, additional communication 
costs across the fleet are expected to total $343.86. Thus, the average 
annual communication costs for each of the 289 vessel owners affected 
by this requirement is expected to be about $1.20, which is trivial 
relative to the average annual gross revenue for a commercial Gulf reef 
fish vessel.
    In addition to the communication cost, there is an opportunity cost 
associated with any time burden created by additional reporting 
requirements. Typically, opportunity cost is approximated using the 
average wage or salary of those covered by the requirement. Vessel 
owners or operators would be responsible for submitting the advance 
notice of landing, and thus it is appropriate to use the average wage 
of first line supervisors and managers in the fishing, forestry, and 
farming industries. As of May 2016, which is the most currently 
available information, the Bureau of Labor Statistics reported that the 
mean wage of individuals in this occupation group was $23.47. The 
expanded advance notice of landing requirement would apply to an 
additional 1,042 trips per year on average and the time burden 
associated with this requirement is 3 minutes per trip. Thus, the total 
additional time burden is approximately 52.1 hours per year. The 
expanded requirement would apply to an additional 289 vessels. Thus, 
the time burden per vessel would be approximately 0.18 hours per year 
per vessel. This results in an opportunity cost of approximately $4.23 
per business per year, which is trivial relative to the average annual 
gross revenue for a commercial Gulf reef fish vessel.
    Based on the analysis above, the additional costs per business 
resulting from the expanded advance notice of landing requirement are 
expected to be minimal. In addition, the advance notice of landing 
would be submitted through the vessel's VMS. All Gulf reef fish vessels 
are required to use VMS, and VMS has been required on these vessels 
since 2006. Thus, special professional skills are not necessary to 
comply with this requirement.
    With respect to NMFS taking back shares from the 81 businesses that 
currently possess non-activated IFQ accounts, the market price of 
annual allocation should approximate the expected annual profit from 
using the annual allocation for harvesting purposes (i.e., to land 
fish). Based on the current market prices for annual allocation of red 
snapper and IFQ-managed groupers and tilefishes, these shares would be 
expected to result in profits of approximately $64,255 if the 
businesses chose to sell the annual allocation associated with these 
shares or use the annual allocation to harvest fish; more specifically, 
profits would be $45,988 from selling or using red snapper annual 
allocation and $18,267 from selling or using annual allocation for IFQ-
managed grouper and tilefish species. Thus, the expected annual profit 
from selling the annual allocation associated with these shares, or 
using the allocation for harvesting purposes, is approximately $793 per 
business. Based on the current market prices of shares in the RS-IFQ 
and GT-IFQ programs, the market value of these shares is $716,525 in 
total, or $8,846 per business, with shares of red snapper valued at 
$500,366 and shares of IFQ-managed groupers and tilefishes valued at 
$216,159.
    However, as previously discussed, only 1 of these 81 businesses is 
still active in the commercial fishing industry with respect to 
harvesting activities, and that single business has not been active 
since 2012. These 81 businesses are not currently generating any gross 
revenues or profits, and NMFS assumes they have been out of business 
for several years. Further, these businesses have held these shares and 
had access to the associated annual allocation for several years, but 
have chosen not to sell their shares or annual allocation or use their 
annual allocation for harvesting purposes. Thus, although these shares 
and annual allocations have value to other businesses in the IFQ 
programs based on their respective market prices, the behavior of these 
81 businesses suggests they do not place any value on these shares and 
annual allocations. Because these businesses are not earning any 
revenues or profits at present and have never used these shares to earn 
revenues or profits, nor are they expected to, taking these shares away 
from them would not be expected to reduce their revenues or profits 
below their current or expected levels in the future. Further, if NMFS 
were to allow these businesses to retain these shares in non-activated 
IFQ accounts, these shares could not be used by other businesses still 
active in the IFQ programs to generate revenues and profits. Taking 
these shares back so they can be redistributed would allow the active 
businesses' revenues and profits to increase in the future.
    Finally, the action that provides NMFS with the authority to 
withhold annual allocation of red snapper, or IFQ-managed groupers and 
tilefishes before distribution at the beginning of a fishing year as 
described previously is administrative in nature, because it does not 
directly regulate any entities and thus would not be expected to alter 
their behavior. Therefore, NMFS does not expect this action to directly 
regulate or affect any small entities.
    Based on the information above, NMFS does not expect a reduction in 
profits for a substantial number of small entities as a result of this 
proposed rule. Thus, this proposed rule would not have a significant 
economic impact on a substantial number of small entities and an 
initial regulatory flexibility analysis is not required and none has 
been prepared.
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). This requirement has 
been submitted to OMB for approval. NMFS is proposing to revise the 
collection-of-information requirement under OMB Control Number 0648-
0551, Southeast Region IFQ Programs. The proposed rule would require 
owners or operators of vessels with commercial Gulf reef fish permits 
to submit a notification to NMFS on each trip prior to landing 
exclusively non-IFQ Gulf reef fish species or Florida Keys/East Florida 
hogfish harvested in the Gulf. Public reporting burden for the proposed 
requirement is estimated to average 3 minutes per applicable trip, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection information.
    Public comment is sought regarding: Whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information will 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of

[[Page 12331]]

information technology. Send comments on these or any other aspects of 
the collection of information to the Southeast Regional Office at the 
ADDRESSES above, and by email to [email protected] or fax to 
202-395-5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person will be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number. All currently approved 
collections of information may be viewed at http://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Grouper, Gulf of Mexico, Individual 
fishing quota, Red snapper, Tilefish.

    Dated: March 15, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

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

0
 2. In Sec.  622.21, revise paragraph (a)(4) and add paragraph (a)(6) 
to read as follows:


Sec.  622.21  Individual fishing quota (IFQ) program for Gulf red 
snapper.

    (a) * * *
    (4) IFQ allocation. IFQ allocation is the amount of Gulf red 
snapper, in pounds gutted weight, an IFQ shareholder or allocation 
holder is authorized to possess, land, or sell during a given fishing 
year. IFQ allocation is derived at the beginning of each year by 
multiplying a shareholder's IFQ share times the annual commercial quota 
for Gulf red snapper. If the quota is increased after the beginning of 
the fishing year, then IFQ allocation is derived by multiplying a 
shareholder's IFQ share at the time of the quota increase by the amount 
the annual commercial quota for red snapper is increased. If a 
reduction in the commercial quota specified in Sec.  622.39(a)(1)(i) is 
expected to occur after January 1, the beginning of the fishing year, 
but before June 1 in that same fishing year, NMFS will withhold 
distribution of IFQ allocation on January 1. The amount of IFQ 
allocation withheld from distribution will equal the amount of the 
expected commercial quota reduction. If a final rule to implement the 
commercial quota reduction is not published in the Federal Register and 
effective by June 1, NMFS will distribute withheld IFQ allocation of 
red snapper commercial quota to current shareholders based on 
shareholdings on the date the withheld IFQ allocation is distributed.
* * * * *
    (6) Returning IFQ shares. Any shares contained in IFQ accounts that 
have never been activated since January 1, 2010, in the IFQ program are 
returned permanently to NMFS on [the effective date of a final rule 
implementing Amendment 36A].
* * * * *
0
3. In Sec.  622.22, revise paragraph (a)(4) and add paragraph (a)(9) to 
read as follows:


Sec.  622.22  Individual fishing quota (IFQ) program for Gulf groupers 
and tilefishes.

    (a) * * *
    (4) IFQ allocation. IFQ allocation is the amount of Gulf groupers 
and tilefishes, in pounds gutted weight, an IFQ shareholder or 
allocation holder is authorized to possess, land, or sell during a 
given fishing year. IFQ allocation is derived at the beginning of each 
year by multiplying a shareholder's IFQ share times the annual 
commercial quota for Gulf groupers and tilefishes. If the quota is 
increased after the beginning of the fishing year, then IFQ allocation 
is derived by multiplying a shareholder's IFQ share at the time of the 
quota increase by the amount the annual commercial quota for groupers 
and tilefishes is increased. If a reduction in the applicable 
commercial quota specified in Sec.  622.39(a)(1) is expected to occur 
after January 1, the beginning of the fishing year, but before June 1 
in that same fishing year, NMFS will withhold distribution of IFQ 
allocation of the applicable groupers and tilefishes commercial quota 
on January 1. The amount of IFQ allocation withheld from distribution 
will equal the amount of the expected commercial quota reduction. If a 
final rule to implement the commercial quota reduction is not published 
in the Federal Register and effective by June 1, NMFS will distribute 
withheld IFQ allocation of the applicable groupers and tilefishes 
commercial quota to current shareholders based on the date the withheld 
IFQ allocation is distributed.
* * * * *
    (9) Returning IFQ shares. Any shares contained in IFQ accounts that 
have never been activated since January 1, 2010, in the IFQ program are 
returned permanently to NMFS on [the effective date of a final rule 
implementing Amendment 36A].
* * * * *
0
4. In Sec.  622.26, revise paragraph (a) to read as follows:


Sec.  622.26  Recordkeeping and reporting.

    (a) Commercial vessel owners and operators. (1) The owner or 
operator of a vessel for which a commercial permit for Gulf reef fish 
has been issued, as required under Sec.  622.20(a)(1), or whose vessel 
fishes for or lands reef fish in or from state waters adjoining the 
Gulf EEZ, who is selected to report by the SRD must maintain a fishing 
record on a form available from the SRD. These completed fishing 
records must be submitted to the SRD postmarked no later than 7 days 
after the end of each fishing trip. If no fishing occurred during a 
calendar month, a report so stating must be submitted on one of the 
forms postmarked no later than 7 days after the end of that month. 
Information to be reported is indicated on the form and its 
accompanying instructions.
    (2) Advance notice of landing--(i) General requirement. For the 
purpose of this paragraph, landing means to arrive at a dock, berth, 
beach, seawall, or ramp. The owner or operator of a vessel landing Gulf 
reef fish not managed under an IFQ program or Florida Keys/East Florida 
hogfish harvested in the Gulf is responsible for ensuring that NMFS is 
contacted at least 3 hours, but no more than 24 hours, in advance of 
landing to report the time, date, and location of landing, and the 
vessel identification number (e.g., Coast Guard registration number or 
state registration number). The vessel must land at an approved landing 
location and within 1 hour after the time given in the landing 
notification, except as provided in paragraph (a)(2)(iii) of this 
section. A vessel landing Gulf reef fish managed under an IFQ program 
must also comply with the requirements in Sec. Sec.  622.21 and 622.22, 
as applicable.
    (ii) Submitting an advance landing notification. Authorized methods 
for contacting NMFS and submitting a completed landing notification 
include the VMS unit, or another contact method approved by NMFS.
    (iii) Landing prior to the notification time. The owner or operator 
of a vessel that has completed a landing notification and submitted it 
to NMFS may land prior to the notification time, only if an authorized 
officer is present at the landing site, is available to meet

[[Page 12332]]

the vessel, and has authorized the owner or operator of the vessel to 
land prior to the notification time.
    (iv) Changes to a landing notification. The owner or operator of a 
vessel who has submitted a landing notification to NMFS may make 
changes to the notification by submitting a superseding notification. 
If the initial superseding notification makes changes to the time of 
landing that is later than the original time in the notification, the 
vessel does not need to wait an additional 3 hours to land. If the 
initial superseding notification makes changes to the landing location, 
the time of landing is earlier than previously specified, or more than 
one superseding notification is submitted on a trip, the vessel must 
wait an additional 3 hours to land, except as provided in paragraph 
(a)(2)(iii) of this section.
    (v) Approved landing locations. Gulf reef fish not managed under an 
IFQ program, and Florida Keys/East Florida hogfish harvested in the 
Gulf, must be landed at an approved landing location. Landing locations 
must be approved by the NOAA Office of Law Enforcement prior to a 
vessel landing these species at these sites. Proposed landing locations 
may be submitted to NMFS; however, new landing locations will be 
approved only at the end of each calendar-year quarter. To have a 
landing location approved by the end of the calendar-year quarter, it 
must be submitted at least 45 days before the end of the calendar-year 
quarter. NMFS will evaluate the proposed sites based on, but not 
limited to, the criteria at 50 CFR 622.21(b)(5)(v) and 622.22(b)(5)(v).
* * * * *
[FR Doc. 2018-05628 Filed 3-20-18; 8:45 am]
BILLING CODE 3510-22-P



                                                  12326                 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Proposed Rules

                                                  the proceeding can be limited to the                    Proposed Debarment; a summary of                      SAM listing, the NCUA must not solicit
                                                  grounds in dispute having a genuine                     proceedings; the identities of affiliates             offers from, award contracts to, or
                                                  issue of material fact. The disposition of              or imputed conduct; and the reasons for               consent to contracts with ineligible
                                                  the fact-finding proceeding will be                     not debarring (for example, an                        contractors. Suspended or debarred
                                                  documented by the SDO. The standard                     Administrative Agreement; mitigating                  contractors may continue performing
                                                  of proof for determining the disputed                   factors; or remedial measures taken by                current contracts (unless those contracts
                                                  facts is preponderance of the evidence.                 the contractor). The decision shall                   are terminated or voided) but cannot (a)
                                                     c. Compiling the Administrative                      notify the contractor that it may request             add new work, exercise options, or
                                                  Record. During the process, the NCUA                    a copy of the Administrative Record and               otherwise extend the duration of the
                                                  shall maintain and document all                         give notice of the effective date of the              contract or order; (b) issue task orders
                                                  information considered by the SDO to                    decision. The SDO Admin will remove                   exceeding the guaranteed minimum
                                                  include the ARM, the PMIO (including                    the contractor’s name from SAM.                       under indefinite quantity contracts; or
                                                  mitigating factors) and transcripts of any                 ii. Terminate the Suspension. The                  (c) place orders under blanket purchase
                                                  fact-finding proceedings. This is the                   SDO may decide to terminate the                       agreements or basic ordering
                                                  Administrative Record. The following                    suspension. The decision shall include,               agreements. The NCUA must review any
                                                  records, in addition to any other similar               if applicable, referral to the Notice of              current contracts held by the contractor
                                                  materials, shall also be included if                    Suspension; a summary of proceedings;                 to determine whether to terminate or
                                                  considered by the SDO: Emails; notes;                   the identities of affiliates or imputed               void those contracts. A decision to
                                                  contract documents; newspaper articles;                 conduct; and the reason for terminating               terminate or void a contract requires
                                                  and summaries of oral briefings and                     the Suspension (for example, an                       OGC concurrence.
                                                  contractor submissions. Any                             Administrative Agreement; mitigating
                                                                                                                                                                [FR Doc. 2018–05626 Filed 3–20–18; 8:45 am]
                                                  information not relied on by the SDO                    factors; or remedial measures taken by
                                                                                                                                                                BILLING CODE 7535–01–P
                                                  should not be included. Once the SDO                    the contractor). The decision shall
                                                  issues a final decision, the contractor                 notify the contractor that it may request
                                                  may request a copy of the                               a copy of the Administrative Record and
                                                  Administrative Record. The SDO may                      give notice of the effective date of the              DEPARTMENT OF COMMERCE
                                                  deny the request or withhold or redact                  decision. The SDO Admin will remove
                                                                                                                                                                National Oceanic and Atmospheric
                                                  part of the Administrative Record if                    the contractor’s name from SAM.
                                                                                                             iii. Debar the Contractor. The SDO                 Administration
                                                  warranted under applicable law or
                                                  because of parallel proceedings.17 In any               may decide to debar the contractor. This
                                                                                                          decision must be based on the                         50 CFR Part 622
                                                  circumstance where the SDO redacts or
                                                  withholds all or part of the                            preponderance of the evidence. The                    [Docket No. 170413393–8178–01]
                                                  Administrative Record, the SDO will                     decision shall include, if applicable,
                                                                                                                                                                RIN 0648–BG83
                                                  provide the reasons for doing so to the                 referral to the Notice of Proposed
                                                  contractor in writing.                                  Debarment; a summary of proceedings;                  Fisheries of the Caribbean, Gulf of
                                                     d. Final Decision. The SDO shall issue               identities of affiliates or imputed                   Mexico, and South Atlantic; Reef Fish
                                                  a written final decision based on the                   conduct; the information considered by                Fishery of the Gulf of Mexico;
                                                  Administrative Record. The SDO shall                    the SDO; the reasons for debarring; the               Modifications to Individual Fishing
                                                  issue a conviction-based debarment                      scope of ineligibility; the consequences              Quota Programs
                                                  within 30 working days after closing the                of debarment (application across the
                                                  Administrative Record and within 45                     Executive Branch); and the effective                  AGENCY:  National Marine Fisheries
                                                  working days of closing the                             dates of debarment. The decision shall                Service (NMFS), National Oceanic and
                                                  Administrative Record for a fact-based                  notify the contractor that it may request             Atmospheric Administration (NOAA),
                                                  suspension or debarment. The SDO has                    a copy of the Administrative Record.                  Commerce.
                                                  discretion to extend these deadlines.                   The SDO Admin will enter the debarred                 ACTION: Proposed rule; request for
                                                  The Administrative Record will be                       contractor into SAM.                                  comments.
                                                  deemed closed when the SDO Admin                           iv. Enter into an Administrative
                                                                                                          Agreement. At any time during the                     SUMMARY:    NMFS proposes to implement
                                                  submits all evidence to the SDO for a
                                                                                                          proceedings, the SDO may negotiate an                 management measures described in
                                                  final decision. The SDO Admin will
                                                                                                          Administrative Agreement with the                     Amendment 36A to the Fishery
                                                  advise the contractor in writing
                                                                                                          contractor. An Administrative                         Management Plan (FMP) for the Reef
                                                  promptly after the Administrative
                                                                                                          Agreement applies across the Executive                Fish Resources of the Gulf of Mexico
                                                  Record has been closed, including the
                                                                                                          Branch when entered into SAM. The                     (Gulf) (Amendment 36A), as prepared
                                                  date it was closed. All correspondence
                                                                                                          terms of the Administrative Agreement                 by the Gulf of Mexico Fishery
                                                  shall be sent USPS certified mail, return
                                                                                                          and contents of the Agreement will be                 Management Council (Council). This
                                                  receipt requested, by the SDO Admin.
                                                                                                          determined on a case-by-case basis.                   proposed rule would require owners or
                                                  The SDO can take the following actions
                                                                                                             e. Contractor’s Remedy. After a                    operators of federally permitted
                                                  in a final decision:
                                                     i. Not Debar the Contractor. The SDO                 decision is made, a suspended or                      commercial Gulf reef fish vessels
                                                  may decide not to debar the contractor.                 debarred contractor may seek judicial                 landing any commercially harvested,
                                                  The decision shall include, if                          review. OGC (in coordination with the                 federally managed reef fish from the
                                                                                                          Department of Justice, as appropriate or              Gulf to provide notification prior to
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  applicable, referral to the Notice of
                                                                                                          required) will work with the referring                landing and to land at approved
                                                    17 Parallel proceedings occur when two or more        office, the SDO, and OCFO to litigate                 locations; require shares from the red
                                                  contemporaneous legal actions are initiated by          these claims.                                         snapper individual fishing quota (IFQ)
                                                  different Government entities against the same             H. NCUA Action after a Decision. If a              (RS–IFQ) program and the groupers and
                                                  contractor, and involving the same material facts.      suspension or debarment is imposed,                   tilefishes IFQ (GT–IFQ) program that are
                                                  Often these arise when an agency has suspended or
                                                  proposed a contractor for debarment and the
                                                                                                          NCUA offices must take steps to ensure                in non-activated IFQ accounts to be
                                                  Department of Justice is investigating or prosecuting   the contractor does not receive any new               returned to NMFS for redistribution;
                                                  the contractor for the same misconduct.                 contracts. Upon the effective date of                 and allow NMFS to withhold a portion


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                                                                        Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Proposed Rules                                          12327

                                                  of IFQ allocation at the start of a fishing             Monday through Friday from 8 a.m. to                  addresses program participation and the
                                                  year equal to an anticipated commercial                 4:30 p.m., eastern time.                              distribution of IFQ shares and allocation
                                                  quota reduction. The purpose of this                    SUPPLEMENTARY INFORMATION: NMFS and                   in the programs.
                                                  proposed rule is to improve compliance                  the Council manage the Gulf reef fish                 Management Measures Contained in
                                                  and increase management flexibility in                  fishery under the FMP. The FMP was                    This Proposed Rule
                                                  the RS–IFQ and GT–IFQ programs, and                     prepared by the Council and is
                                                  increase the likelihood of achieving                    implemented by NMFS through                              This proposed rule would require that
                                                  optimum yield (OY) for Gulf reef fish                   regulations at 50 CFR part 622 under the              the owner or operator of a commercial
                                                  stocks managed under these programs.                    authority of the Magnuson-Stevens                     reef fish permitted vessel landing any
                                                  DATES: Written comments must be                         Fishery Conservation and Management                   commercially harvested Gulf reef fish,
                                                  received by April 20, 2018.                             Act (Magnuson-Stevens Act) (16 U.S.C.                 or Florida Keys/East Florida hogfish
                                                                                                          1801 et seq.).                                        harvested in the Gulf, to notify NMFS
                                                  ADDRESSES: You may submit comments
                                                                                                             The Magnuson-Stevens Act requires                  between 3 and 24 hours in advance of
                                                  on the proposed rule identified by                                                                            landing and to land at approved
                                                  ‘‘NOAA–NMFS–2017–0060’’ by either                       NMFS and regional fishery management
                                                                                                          councils to prevent overfishing and                   locations. In addition, the proposed rule
                                                  of the following methods:                                                                                     would permanently return to NMFS any
                                                     • Electronic Submission: Submit all                  achieve, on a continuing basis, the OY
                                                                                                          from federally managed fish stocks.                   IFQ shares contained in RS–IFQ or GT–
                                                  electronic public comments via the                                                                            IFQ accounts that have not been
                                                  Federal e-Rulemaking Portal. Go to                      These mandates are intended to ensure
                                                                                                          fishery resources are managed for the                 activated since the current Web-based
                                                  www.regulations.gov/                                                                                          system was put in place on January 1,
                                                  #!docketDetail;D=NOAA-NMFS-2017-                        greatest overall benefit to the nation,
                                                                                                          particularly with respect to providing                2010. Finally, the proposed rule would
                                                  0060, click the ‘‘Comment Now!’’ icon,                                                                        allow NMFS to withhold distribution of
                                                  complete the required fields, and enter                 food production and recreational
                                                                                                          opportunities, and protecting marine                  IFQ allocation on January 1, the
                                                  or attach your comments.                                                                                      beginning of the fishing year, if a
                                                     • Mail: Submit all written comments                  ecosystems.
                                                                                                                                                                reduction in the commercial quota for
                                                  to Peter Hood, NMFS Southeast                           Background                                            any IFQ species or multi-species group
                                                  Regional Office, 263 13th Avenue                           There are two commercial IFQ                       is expected to be implemented in that
                                                  South, St. Petersburg, FL 33701.                        programs in the Gulf. Amendment 26 to                 same fishing year.
                                                     Instructions: Comments sent by any
                                                                                                          the FMP established the RS–IFQ                        Landing Notification
                                                  other method, to any other address or                   program, and Amendment 29 to the
                                                  individual, or received after the end of                FMP established the GT–IFQ program.                      Currently, to improve compliance
                                                  the comment period, may not be                          The RS–IFQ program manages                            with the IFQ programs, vessel owners or
                                                  considered by NMFS. All comments                        commercial harvest of red snapper and                 operators with commercial Gulf reef fish
                                                  received are a part of the public record                was implemented on January 1, 2007                    permits are required to notify NMFS
                                                  and will generally be posted for public                 (71 FR 67447, November 22, 2006). The                 between 3 and 24 hours in advance of
                                                  viewing on www.regulations.gov                          GT–IFQ program manages commercial                     landing any commercially harvested
                                                  without change. All personal identifying                harvest of multiple species of groupers               species managed under the IFQ
                                                  information (e.g., name, address, etc.),                and tilefishes, as specified in 50 CFR                programs (IFQ species). The advance
                                                  confidential business information, or                   622.22(a), and was implemented on                     landing notification must provide the
                                                  otherwise sensitive information                         January 1, 2010 (74 FR 44732, August                  vessel identification number, the
                                                  submitted voluntarily by the sender will                31, 2009). Both IFQ programs share a                  landing date and time, the approved
                                                  be publicly accessible. NMFS will                       single Web-based accounting and                       landing location, the name and address
                                                  accept anonymous comments (enter ‘‘N/                   reporting system.                                     of the IFQ dealers where the species
                                                  A’’ in the required fields if you wish to                  The Council began the development                  will be landed, and the estimated
                                                  remain anonymous).                                      of Amendment 36 to the FMP in                         weight of IFQ species to be landed.
                                                     Written comments regarding the                       response to a 5-year review of the RS–                Although the advance landing
                                                  burden-hour estimates or other aspects                  IFQ Program completed in 2013. This                   notifications help with the enforcement
                                                  of the collection-of-information                        review evaluated the progress of the RS–              of the IFQ programs, one of the
                                                  requirement contained in this proposed                  IFQ program towards achieving the                     conclusions from a 5-year review of the
                                                  rule may be submitted to Adam Bailey,                   stated program goals of reducing                      RS–IFQ Program was additional
                                                  NMFS Southeast Regional Office (see                     overcapacity in the fishery and                       enforcement efforts may be necessary to
                                                  mailing address above), by email to                     eliminating problems associated with                  deter IFQ landing violations.
                                                  OIRA_Submission@omb.eop.gov, or by                      race-to-fish (derby) fishing. The Council                The proposed rule would expand the
                                                  fax to 202–395–5806.                                    also received input on the program from               requirement for an advance landing
                                                     Electronic copies of Amendment 36A,                  some of their advisory panels as well as              notification to all commercial trips that
                                                  which includes an environmental                         from the public. As a result, the                     land Gulf reef fish species or Florida
                                                  assessment, a fishery impact statement,                 suggested modifications to the RS–IFQ                 Keys/East Florida hogfish harvested in
                                                  a regulatory impact review, and a                       program became complex, and the                       the Gulf even if no IFQ species are on
                                                  Regulatory Flexibility Act (RFA)                        Council split the numerous potential                  board. Note that the single hogfish stock
                                                  analysis may be obtained from the                       actions into two FMP amendments,                      in the Gulf was recently split into a
                                                  Southeast Regional Office website at                    Amendments 36A and 36B. The scope                     West Florida stock and a Florida Keys/
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  http://sero.nmfs.noaa.gov/sustainable_                  of the actions was also expanded to                   East Florida stock, separated at 25°09′ N
                                                  fisheries/gulf_fisheries/reef_fish/2017/                include revisions to the GT–IFQ                       lat. in Gulf Federal waters off the west
                                                  A36A_comm_IFQ/am36Aindex.html.                          program because management, as well                   coast of Florida (82 FR 34574 and 82 FR
                                                  FOR FURTHER INFORMATION CONTACT:                        as the goals and objectives, of this                  34584, July 25, 2017). The management
                                                  Peter Hood, NMFS Southeast Regional                     program are similar to the RS–IFQ                     measures for the Florida Keys/East
                                                  Office, telephone: 727–824–5305, email:                 program. Amendment 36A addresses                      Florida stock are developed by the
                                                  peter.hood@noaa.gov; IFQ Customer                       compliance and program flexibility                    South Atlantic Fishery Management
                                                  Service, telephone: 1–866–425–7627,                     issues, while Amendment 36B                           Council, but commercial vessels fishing


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                                                  12328                 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Proposed Rules

                                                  for this stock in Gulf Federal waters are               accounts to NMFS for redistribution.                  an approved landing location. In
                                                  required to have a Federal commercial                   The Council intends to redistribute                   anticipation of this potential
                                                  permit for Gulf reef fish and are                       these shares to IFQ program participants              requirement, NMFS is encouraging
                                                  required to follow the reporting                        through a mechanism determined in                     current and potential participants to
                                                  requirements associated with this                       Amendment 36B.                                        submit additional landing locations to
                                                  permit.                                                    For more information on how to                     NMFS now for approval. Landing
                                                     The vessel owner or operator would                   activate an existing non-activated IFQ                locations can be submitted by calling
                                                  notify NMFS at least 3 hours, but no                    account, persons may call the IFQ                     IFQ Customer Service at any time (see
                                                  more than 24 hours, in advance of                       Customer Service line at 1–866–425–                   contact information above). A list of
                                                  landing on each trip. The landing                       7627, and select option 2 during                      currently approved landing locations for
                                                  notification would report the vessel                    weekday business hours of 8 a.m. to                   the IFQ programs can be found at the
                                                  identification number, the date and time                4:30 p.m., eastern time. NMFS will also               IFQ website
                                                  of landing, and the approved landing                    attempt to notify holders of the non-                 (portal.southeast.fisheries.noaa.gov/cs/
                                                  location. This notification would be                    activated IFQ accounts via certified mail             main.html), under View Landing
                                                  submitted via the vessel’s existing                     to advise them of the potential action                Locations. Any landing locations that
                                                  onboard vessel monitoring system                        and provide an opportunity for those                  have been approved for use in the IFQ
                                                  (VMS), but could also be submitted by                   individuals to activate their accounts.               programs would also be approved to
                                                  other NMFS approved methods (e.g., by                                                                         land non-IFQ Gulf reef fish species or
                                                                                                          Allocation
                                                  phone) if they are developed at a later                                                                       Florida Keys/East Florida hogfish
                                                  time. Requiring notification in advance                    Finally, this proposed rule addresses              harvested in the Gulf. Therefore, NMFS
                                                  of landing any federally managed reef                   how to distribute allocation to IFQ                   suggests persons check the list to
                                                  fish from the Gulf is expected to help                  shareholders in years in which there is               determine if desired landing locations
                                                  deter fishermen from illegally landing                  an anticipated reduction of the
                                                                                                                                                                are currently in use prior to submitting
                                                  IFQ species or reporting IFQ species as                 commercial quota. Due to the time
                                                                                                                                                                a landing location for approval.
                                                  another species (e.g., red snapper                      involved to develop documents,
                                                                                                          consider alternatives, and solicit public                New landing locations are approved
                                                  reported as vermilion snapper) because                                                                        only at the end of each calendar-year
                                                  law enforcement and port agents would                   feedback, this situation would generally
                                                                                                          occur if the Council approved an action               quarter (end of March, June, September,
                                                  be informed in advance of all reef fish                                                                       and December). To have a landing
                                                  trips returning to port and can meet                    to reduce the commercial quota of any
                                                                                                          IFQ species or multi-species share                    location approved by the end of the
                                                  vessels to inspect landings. If any IFQ                                                                       quarter, it would have to be submitted
                                                  species are to be landed, all regulations               category but NMFS could not complete
                                                                                                          the associated rulemaking before                      at least 45 days before the quarter ends.
                                                  under the applicable IFQ program must
                                                                                                          January 1, the start of the fishing year.             Landing locations can be submitted at
                                                  be followed, including the more
                                                                                                          Under the IFQ programs, annual                        any time as described above.
                                                  extensive advance notice of landing.
                                                  Only one IFQ advance landing                            allocation is distributed to IFQ                         Approved landing locations must be
                                                  notification covering both IFQ and non-                 shareholders on January 1, and most                   publicly and freely accessible by land
                                                  IFQ Gulf reef fish species or Florida                   IFQ program participants begin to use or              and water, and must have a street
                                                  Keys/East Florida hogfish harvested in                  transfer their allocation early in each               address or, if a particular landing
                                                  the Gulf would be required on such a                    year. After shareholders begin                        location has no street address on record,
                                                  trip.                                                   transferring or landing allocation, NMFS              global positioning system (GPS)
                                                     Additional information about                         is not able to retroactively withdraw                 coordinates for an identifiable
                                                  approved landing locations and                          allocation from shareholder accounts if               geographic location provided in degrees
                                                  submitting additional landing locations                 a quota decrease became effective after               and decimal minutes. Other criteria
                                                  to NMFS for approval is described later                 the beginning of the fishing year. This               used by NOAA’s Office of Law
                                                  in this proposed rule.                                  proposed rule would allow NMFS to                     Enforcement (OLE) when approving
                                                                                                          anticipate a decrease in the quota of any             locations are listed at 50 CFR
                                                  Non-Activated IFQ Shareholder                                                                                 622.21(b)(5)(v) and 622.22(b)(5)(v), and
                                                                                                          IFQ species or multi-species share
                                                  Accounts                                                                                                      would be added by reference to new
                                                                                                          categories after the start of a fishing year
                                                     This proposed rule also addresses RS–                and withhold distribution of quota                    paragraph 622.26(a)(2)(v) through this
                                                  IFQ and GT–IFQ shareholder accounts                     equal to the amount of the expected                   proposed rule.
                                                  that received shares through the initial                decrease in commercial quota. NMFS                       Once OLE approves new landing
                                                  apportionment when each IFQ program                     would distribute the remaining portion                locations, updates to the landing
                                                  began, but the accounts have never been                 of the annual allocation to shareholders              notification screen on vessel monitoring
                                                  accessed by the shareholder since                       on January 1. If a final rule to                      system VMS units are constrained by
                                                  January 1, 2010, the initiation of the                  implement the associated commercial                   programming requirements by the VMS
                                                  current IFQ system. NMFS and the                        quota reduction is not effective by June              vendors. Unless this changes, approved
                                                  Council have attempted to notify                        1 in the same fishing year, then NMFS                 landing locations may not appear on the
                                                  account holders with these non-                         would distribute the withheld quota                   VMS screen immediately after approval.
                                                  activated IFQ accounts through phone                    back to the current shareholders, as                  Classification
                                                  calls, certified letters, and discussion at             determined based on the date the
                                                  public meetings. Although shares in the                                                                         Pursuant to section 304(b)(1)(A) of the
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                          withheld IFQ allocation was distributed.
                                                  non-activated accounts represent a                                                                            Magnuson-Stevens Act, the NMFS
                                                  small fraction of the total shares, annual              Approved Landing Locations                            Assistant Administrator has determined
                                                  allocation assigned to these non-                         As explained previously, this                       that this proposed rule is consistent
                                                  activated IFQ accounts is not landed,                   proposed rule would require vessel                    with Amendment 36A, the FMP, other
                                                  and therefore, may prevent achieving                    owners or operators on commercial trips               provisions of the Magnuson-Stevens
                                                  OY if not made available for use. The                   who harvest non-IFQ Gulf reef fish                    Act, and other applicable laws, subject
                                                  proposed rule would return the shares                   species or Florida Keys/East Florida                  to further consideration after public
                                                  from non-activated RS–IFQ and GT–IFQ                    hogfish harvested in the Gulf to land at              comment.


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                                                                        Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Proposed Rules                                           12329

                                                     This proposed rule has been                          the red snapper stock that has been                   a business primarily involved in
                                                  determined to be not significant for                    determined to be overfished.                          commercial fishing is classified as a
                                                  purposes of Executive Order 12866.                         This proposed rule is expected to                  small business if it is independently
                                                     The Magnuson-Stevens Act provides                    directly regulate businesses that harvest             owned and operated, and is not
                                                  the statutory basis for this proposed                   non-IFQ Gulf reef fish species in the                 dominant in its field of operations
                                                  rule. No duplicative, overlapping, or                   Gulf or Florida Keys/East Florida                     (including its affiliates).
                                                  conflicting Federal rules have been                     hogfish harvested in the Gulf, but do not                Of the 1,020 vessels that harvested
                                                  identified. A description of this                       harvest IFQ species on the same                       Gulf reef fish from 2011 through 2015,
                                                  proposed rule, why it is being                          commercial fishing trips in the Gulf,                 the maximum average annual gross
                                                  considered, and the objectives of this                  and businesses that possess non-                      revenue earned by a single vessel was
                                                  proposed rule are contained in the                      activated share accounts in the RS–IFQ                approximately $4.65 million, while the
                                                  preamble and in the SUMMARY section of                  and GT–IFQ programs. There were 731                   average annual gross revenue across all
                                                  the preamble.                                           vessels that landed at least 1 lb (0.5 kg)            commercial Gulf reef fish vessels was
                                                     The Chief Counsel for Regulation of                  of species managed under the RS–IFQ or                $130,574. Further, of the 81 businesses
                                                  the Department of Commerce certified                    GT–IFQ program from 2011 through                      that possess shares in a non-activated
                                                  to the Chief Counsel for Advocacy of the                2015. These vessels were already subject              IFQ account, only 1 of these businesses
                                                  Small Business Administration (SBA)                     to existing advance notice of landing                 has been active in the commercial
                                                  that this proposed rule, if implemented,                requirements on trips for which they                  fishing industry during this time period.
                                                  would not have a significant economic                   landed IFQ species. There were 1,020                  Because the other 80 businesses have
                                                  impact on a substantial number of small                 vessels that landed at least 1 lb (0.5 kg)            not been active in the commercial
                                                  entities. A description of the factual                  of Gulf reef fish species (i.e., IFQ and              fishing industry during this time, they
                                                  basis for this determination follows.                   non-IFQ species) managed under the                    have no known gross revenues.
                                                     This proposed rule, if implemented,                  FMP. Thus, 289 vessels that land non-                 Although the one business that has been
                                                  would expand the current requirement                    IFQ Gulf reef fish but do not land IFQ                active owns six commercial fishing
                                                  for vessels with a Federal commercial                   Gulf reef fish on commercial fishing                  vessels, none of these vessels have been
                                                  reef fish permit in the Gulf to notify                  trips would be directly regulated by the              active in the industry since 2012. The
                                                  NMFS in advance of landing reef fish                    proposed expansion of the advance                     average annual revenue for this business
                                                  species managed under an IFQ program.                   notice of landing requirements.                       is confidential and therefore cannot be
                                                  Commercial vessels landing Gulf reef                       Although NMFS possesses complete                   released, but it was significantly below
                                                  fish not managed under an IFQ program                   ownership data regarding businesses                   the $11 million threshold.
                                                  or Florida Keys/East Florida hogfish                    and commercial vessels that land IFQ                     Based on the information above, all
                                                  harvested in the Gulf would also be                     species, ownership data regarding                     businesses directly regulated by this
                                                  required to notify NMFS prior to                        businesses that possess Gulf reef fish                proposed rule are determined to be
                                                  landing these species on each trip,                     permits but do not land IFQ species is                small businesses for the purpose of this
                                                  although information reported (i.e.,                    incomplete. Therefore, it is not                      analysis. Therefore, NMFS has
                                                  date, time, approved location of landing,               currently feasible to accurately                      determined that this proposed rule will
                                                  and vessel identification number) would                 determine affiliations between these                  affect a substantial number of small
                                                  be more limited than reports for IFQ                    particular businesses. While it will                  businesses.
                                                  species. This proposed rule would also                  result in an overestimate of the actual                  This proposed rule would establish
                                                  return shares from non-activated IFQ                    number of businesses directly regulated               new reporting requirements for vessels
                                                  accounts in the RS–IFQ and GT–IFQ                       by the extension of the advance notice                that harvest reef fish species in the Gulf
                                                  programs to NMFS for future                             requirement, for the purposes of this                 that are not managed under the RS–IFQ
                                                  redistribution; and provide NMFS with                   analysis, it is assumed that each vessel              or GT–IFQ programs. Specifically, the
                                                  the authority to withhold annual                        is independently owned by a single                    expansion of the advance notice of
                                                  allocation of red snapper, or IFQ-                      business. In addition, the 81 non-                    landing requirement would require
                                                  managed groupers and tilefishes before                  activated IFQ accounts with shares are                commercially permitted Gulf reef fish
                                                  distribution at the beginning of a fishing              held by 81 different businesses. Based                vessels to contact NMFS prior to
                                                  year (January 1) in which a commercial                  on available data, these businesses are               landing if they are landing non-IFQ Gulf
                                                  quota reduction is expected to be                       separate and distinct from the 289                    reef fish species or Florida Keys/East
                                                  implemented in that same fishing year.                  businesses directly regulated by the                  Florida hogfish harvested in the Gulf on
                                                  The amount of IFQ allocation withheld                   expanded advance notice of landing                    a trip where no IFQ species are being
                                                  from distribution would equal the                       requirement.                                          landed. The expanded advance
                                                  amount of the expected commercial                          Thus, NMFS expects this proposed                   notification requirement would cause
                                                  quota reduction. If a final rule to                     rule, if implemented, to directly regulate            these vessels to incur some minor
                                                  implement a commercial quota                            289, or about 28 percent, of the 1,020                additional communication costs and an
                                                  reduction is not effective by June 1                    businesses that harvested Gulf reef fish              additional time burden associated with
                                                  during a fishing year, NMFS would                       species from 2011 through 2015 and 81                 reporting the required information (i.e.,
                                                  release the withheld allocation to                      businesses that possessed shares in 81                date, time, approved location of landing,
                                                  shareholders. The purposes of this                      non-activated IFQ accounts, or about 11               and vessel identification number). The
                                                  proposed rule are to increase                           percent, of the 750 IFQ accounts that                 additional communication costs would
                                                  management flexibility and improve                      existed on December 14, 2016.                         not only vary by VMS vendor, but also
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  compliance in the RS–IFQ and GT–IFQ                        NMFS has established a small                       by the communication plan chosen by
                                                  programs, and increase the likelihood of                business size standard of $11 million in              each vessel owner. Under plans where
                                                  achieving OY for reef fish stocks                       annual gross receipts (revenue) for all               the owner pays a fixed amount up to
                                                  managed under these programs. The                       businesses primarily engaged in the                   some specific level of data use, there
                                                  objectives of this proposed rule are to                 commercial fishing industry (NAICS                    would be no additional cost as a result
                                                  prevent overfishing; to achieve, on a                   code 11411) for RFA compliance                        of having to submit the required
                                                  continuing basis, the OY from federally                 purposes only (50 CFR 200.2). In                      information. Conversely, the vessel
                                                  managed reef fish stocks; and to rebuild                addition to this gross revenue standard,              owner would incur a cost if the owner


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                                                  12330                 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Proposed Rules

                                                  chose a plan where communication                        vessels since 2006. Thus, special                     in non-activated IFQ accounts, these
                                                  costs are directly based, and therefore                 professional skills are not necessary to              shares could not be used by other
                                                  vary, depending on the size and number                  comply with this requirement.                         businesses still active in the IFQ
                                                  of messages being transmitted. The                         With respect to NMFS taking back                   programs to generate revenues and
                                                  expanded advance notice of landing                      shares from the 81 businesses that                    profits. Taking these shares back so they
                                                  requirement would apply to an                           currently possess non-activated IFQ                   can be redistributed would allow the
                                                  additional 1,042 trips per year on                      accounts, the market price of annual                  active businesses’ revenues and profits
                                                  average by 289 additional vessels, or                   allocation should approximate the                     to increase in the future.
                                                  approximately 3.6 trips per vessel per                  expected annual profit from using the                    Finally, the action that provides
                                                  year. Based on available information                    annual allocation for harvesting                      NMFS with the authority to withhold
                                                  regarding VMS vendors and                               purposes (i.e., to land fish). Based on the           annual allocation of red snapper, or
                                                  communication plans, vessel owners are                  current market prices for annual                      IFQ-managed groupers and tilefishes
                                                  expected to incur additional                            allocation of red snapper and IFQ-                    before distribution at the beginning of a
                                                  communication costs of up to about                      managed groupers and tilefishes, these                fishing year as described previously is
                                                  $0.33 per trip. For the 1,042 trips                     shares would be expected to result in                 administrative in nature, because it does
                                                  affected by the advance notice of                       profits of approximately $64,255 if the               not directly regulate any entities and
                                                  landing requirement, additional                         businesses chose to sell the annual                   thus would not be expected to alter their
                                                  communication costs across the fleet are                allocation associated with these shares               behavior. Therefore, NMFS does not
                                                  expected to total $343.86. Thus, the                    or use the annual allocation to harvest               expect this action to directly regulate or
                                                  average annual communication costs for                  fish; more specifically, profits would be             affect any small entities.
                                                  each of the 289 vessel owners affected                  $45,988 from selling or using red                        Based on the information above,
                                                  by this requirement is expected to be                   snapper annual allocation and $18,267                 NMFS does not expect a reduction in
                                                  about $1.20, which is trivial relative to               from selling or using annual allocation               profits for a substantial number of small
                                                  the average annual gross revenue for a                  for IFQ-managed grouper and tilefish                  entities as a result of this proposed rule.
                                                  commercial Gulf reef fish vessel.                       species. Thus, the expected annual                    Thus, this proposed rule would not
                                                     In addition to the communication                     profit from selling the annual allocation             have a significant economic impact on
                                                  cost, there is an opportunity cost                      associated with these shares, or using                a substantial number of small entities
                                                  associated with any time burden created                 the allocation for harvesting purposes, is            and an initial regulatory flexibility
                                                  by additional reporting requirements.                   approximately $793 per business. Based                analysis is not required and none has
                                                  Typically, opportunity cost is                          on the current market prices of shares in             been prepared.
                                                  approximated using the average wage or                  the RS–IFQ and GT–IFQ programs, the                      This proposed rule contains a
                                                  salary of those covered by the                          market value of these shares is $716,525              collection-of-information requirement
                                                  requirement. Vessel owners or operators                 in total, or $8,846 per business, with                subject to review and approval by the
                                                  would be responsible for submitting the                 shares of red snapper valued at                       Office of Management and Budget
                                                  advance notice of landing, and thus it is               $500,366 and shares of IFQ-managed                    (OMB) under the Paperwork Reduction
                                                  appropriate to use the average wage of                  groupers and tilefishes valued at                     Act (PRA). This requirement has been
                                                  first line supervisors and managers in                  $216,159.                                             submitted to OMB for approval. NMFS
                                                  the fishing, forestry, and farming                         However, as previously discussed,                  is proposing to revise the collection-of-
                                                  industries. As of May 2016, which is the                only 1 of these 81 businesses is still                information requirement under OMB
                                                  most currently available information,                   active in the commercial fishing                      Control Number 0648–0551, Southeast
                                                  the Bureau of Labor Statistics reported                 industry with respect to harvesting                   Region IFQ Programs. The proposed
                                                  that the mean wage of individuals in                    activities, and that single business has              rule would require owners or operators
                                                  this occupation group was $23.47. The                   not been active since 2012. These 81                  of vessels with commercial Gulf reef
                                                  expanded advance notice of landing                      businesses are not currently generating               fish permits to submit a notification to
                                                  requirement would apply to an                           any gross revenues or profits, and NMFS               NMFS on each trip prior to landing
                                                  additional 1,042 trips per year on                      assumes they have been out of business                exclusively non-IFQ Gulf reef fish
                                                  average and the time burden associated                  for several years. Further, these                     species or Florida Keys/East Florida
                                                  with this requirement is 3 minutes per                  businesses have held these shares and                 hogfish harvested in the Gulf. Public
                                                  trip. Thus, the total additional time                   had access to the associated annual                   reporting burden for the proposed
                                                  burden is approximately 52.1 hours per                  allocation for several years, but have                requirement is estimated to average 3
                                                  year. The expanded requirement would                    chosen not to sell their shares or annual             minutes per applicable trip, including
                                                  apply to an additional 289 vessels.                     allocation or use their annual allocation             the time for reviewing instructions,
                                                  Thus, the time burden per vessel would                  for harvesting purposes. Thus, although               searching existing data sources,
                                                  be approximately 0.18 hours per year                    these shares and annual allocations                   gathering and maintaining the data
                                                  per vessel. This results in an                          have value to other businesses in the                 needed, and completing and reviewing
                                                  opportunity cost of approximately $4.23                 IFQ programs based on their respective                the collection information.
                                                  per business per year, which is trivial                 market prices, the behavior of these 81                  Public comment is sought regarding:
                                                  relative to the average annual gross                    businesses suggests they do not place                 Whether this proposed collection of
                                                  revenue for a commercial Gulf reef fish                 any value on these shares and annual                  information is necessary for the proper
                                                  vessel.                                                 allocations. Because these businesses                 performance of the functions of the
                                                     Based on the analysis above, the                     are not earning any revenues or profits               agency, including whether the
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  additional costs per business resulting                 at present and have never used these                  information will have practical utility;
                                                  from the expanded advance notice of                     shares to earn revenues or profits, nor               the accuracy of the burden estimate;
                                                  landing requirement are expected to be                  are they expected to, taking these shares             ways to enhance the quality, utility, and
                                                  minimal. In addition, the advance                       away from them would not be expected                  clarity of the information to be
                                                  notice of landing would be submitted                    to reduce their revenues or profits below             collected; and ways to minimize the
                                                  through the vessel’s VMS. All Gulf reef                 their current or expected levels in the               burden of the collection of information,
                                                  fish vessels are required to use VMS,                   future. Further, if NMFS were to allow                including through the use of automated
                                                  and VMS has been required on these                      these businesses to retain these shares               collection techniques or other forms of


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                                                                        Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Proposed Rules                                            12331

                                                  information technology. Send comments                   distribution of IFQ allocation on January               (9) Returning IFQ shares. Any shares
                                                  on these or any other aspects of the                    1. The amount of IFQ allocation                       contained in IFQ accounts that have
                                                  collection of information to the                        withheld from distribution will equal                 never been activated since January 1,
                                                  Southeast Regional Office at the                        the amount of the expected commercial                 2010, in the IFQ program are returned
                                                  ADDRESSES above, and by email to                        quota reduction. If a final rule to                   permanently to NMFS on [the effective
                                                  OIRA_Submission@omb.eop.gov or fax                      implement the commercial quota                        date of a final rule implementing
                                                  to 202–395–5806.                                        reduction is not published in the                     Amendment 36A].
                                                    Notwithstanding any other provision                   Federal Register and effective by June 1,             *     *     *      *    *
                                                  of the law, no person is required to                    NMFS will distribute withheld IFQ                     ■ 4. In § 622.26, revise paragraph (a) to
                                                  respond to, and no person will be                       allocation of red snapper commercial                  read as follows:
                                                  subject to penalty for failure to comply                quota to current shareholders based on
                                                  with, a collection of information subject               shareholdings on the date the withheld                § 622.26   Recordkeeping and reporting.
                                                  to the requirements of the PRA, unless                  IFQ allocation is distributed.                           (a) Commercial vessel owners and
                                                  that collection of information displays a                                                                     operators. (1) The owner or operator of
                                                                                                          *      *    *      *    *
                                                  currently valid OMB control number.                                                                           a vessel for which a commercial permit
                                                  All currently approved collections of                      (6) Returning IFQ shares. Any shares               for Gulf reef fish has been issued, as
                                                  information may be viewed at http://                    contained in IFQ accounts that have                   required under § 622.20(a)(1), or whose
                                                  www.cio.noaa.gov/services_programs/                     never been activated since January 1,                 vessel fishes for or lands reef fish in or
                                                  prasubs.html.                                           2010, in the IFQ program are returned                 from state waters adjoining the Gulf
                                                                                                          permanently to NMFS on [the effective                 EEZ, who is selected to report by the
                                                  List of Subjects in 50 CFR Part 622                     date of a final rule implementing                     SRD must maintain a fishing record on
                                                     Commercial, Fisheries, Fishing,                      Amendment 36A].                                       a form available from the SRD. These
                                                  Grouper, Gulf of Mexico, Individual                     *      *    *      *    *                             completed fishing records must be
                                                  fishing quota, Red snapper, Tilefish.                   ■ 3. In § 622.22, revise paragraph (a)(4)             submitted to the SRD postmarked no
                                                    Dated: March 15, 2018.                                and add paragraph (a)(9) to read as                   later than 7 days after the end of each
                                                  Samuel D. Rauch III,                                    follows:                                              fishing trip. If no fishing occurred
                                                  Deputy Assistant Administrator for                                                                            during a calendar month, a report so
                                                  Regulatory Programs, National Marine                    § 622.22 Individual fishing quota (IFQ)               stating must be submitted on one of the
                                                  Fisheries Service.                                      program for Gulf groupers and tilefishes.             forms postmarked no later than 7 days
                                                    For the reasons set out in the                           (a) * * *                                          after the end of that month. Information
                                                  preamble, 50 CFR part 622 is proposed                                                                         to be reported is indicated on the form
                                                                                                             (4) IFQ allocation. IFQ allocation is
                                                  to be amended as follows:                                                                                     and its accompanying instructions.
                                                                                                          the amount of Gulf groupers and
                                                                                                                                                                   (2) Advance notice of landing—(i)
                                                                                                          tilefishes, in pounds gutted weight, an               General requirement. For the purpose of
                                                  PART 622—FISHERIES OF THE                               IFQ shareholder or allocation holder is
                                                  CARIBBEAN, GULF OF MEXICO, AND                                                                                this paragraph, landing means to arrive
                                                                                                          authorized to possess, land, or sell                  at a dock, berth, beach, seawall, or
                                                  SOUTH ATLANTIC                                          during a given fishing year. IFQ                      ramp. The owner or operator of a vessel
                                                  ■ 1. The authority citation for part 622                allocation is derived at the beginning of             landing Gulf reef fish not managed
                                                  continues to read as follows:                           each year by multiplying a shareholder’s              under an IFQ program or Florida Keys/
                                                                                                          IFQ share times the annual commercial                 East Florida hogfish harvested in the
                                                      Authority: 16 U.S.C. 1801 et seq.
                                                                                                          quota for Gulf groupers and tilefishes. If            Gulf is responsible for ensuring that
                                                  ■ 2. In § 622.21, revise paragraph (a)(4)               the quota is increased after the
                                                  and add paragraph (a)(6) to read as                                                                           NMFS is contacted at least 3 hours, but
                                                                                                          beginning of the fishing year, then IFQ               no more than 24 hours, in advance of
                                                  follows:                                                allocation is derived by multiplying a                landing to report the time, date, and
                                                  § 622.21 Individual fishing quota (IFQ)                 shareholder’s IFQ share at the time of                location of landing, and the vessel
                                                  program for Gulf red snapper.                           the quota increase by the amount the                  identification number (e.g., Coast Guard
                                                     (a) * * *                                            annual commercial quota for groupers                  registration number or state registration
                                                     (4) IFQ allocation. IFQ allocation is                and tilefishes is increased. If a reduction           number). The vessel must land at an
                                                  the amount of Gulf red snapper, in                      in the applicable commercial quota                    approved landing location and within 1
                                                  pounds gutted weight, an IFQ                            specified in § 622.39(a)(1) is expected to            hour after the time given in the landing
                                                  shareholder or allocation holder is                     occur after January 1, the beginning of               notification, except as provided in
                                                  authorized to possess, land, or sell                    the fishing year, but before June 1 in                paragraph (a)(2)(iii) of this section. A
                                                  during a given fishing year. IFQ                        that same fishing year, NMFS will                     vessel landing Gulf reef fish managed
                                                  allocation is derived at the beginning of               withhold distribution of IFQ allocation               under an IFQ program must also comply
                                                  each year by multiplying a shareholder’s                of the applicable groupers and tilefishes             with the requirements in §§ 622.21 and
                                                  IFQ share times the annual commercial                   commercial quota on January 1. The                    622.22, as applicable.
                                                  quota for Gulf red snapper. If the quota                amount of IFQ allocation withheld from                   (ii) Submitting an advance landing
                                                  is increased after the beginning of the                 distribution will equal the amount of                 notification. Authorized methods for
                                                  fishing year, then IFQ allocation is                    the expected commercial quota                         contacting NMFS and submitting a
                                                  derived by multiplying a shareholder’s                  reduction. If a final rule to implement               completed landing notification include
                                                  IFQ share at the time of the quota                      the commercial quota reduction is not                 the VMS unit, or another contact
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  increase by the amount the annual                       published in the Federal Register and                 method approved by NMFS.
                                                  commercial quota for red snapper is                     effective by June 1, NMFS will                           (iii) Landing prior to the notification
                                                  increased. If a reduction in the                        distribute withheld IFQ allocation of the             time. The owner or operator of a vessel
                                                  commercial quota specified in                           applicable groupers and tilefishes                    that has completed a landing
                                                  § 622.39(a)(1)(i) is expected to occur                  commercial quota to current                           notification and submitted it to NMFS
                                                  after January 1, the beginning of the                   shareholders based on the date the                    may land prior to the notification time,
                                                  fishing year, but before June 1 in that                 withheld IFQ allocation is distributed.               only if an authorized officer is present
                                                  same fishing year, NMFS will withhold                   *      *     *    *     *                             at the landing site, is available to meet


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                                                  12332                 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Proposed Rules

                                                  the vessel, and has authorized the                      SUMMARY:   On March 2, 2018, NMFS                     the 2017 shortfin mako shark stock
                                                  owner or operator of the vessel to land                 published a Notice of Intent with                     assessment.
                                                  prior to the notification time.                         scoping meeting dates for upcoming                       Due to a request to reschedule the
                                                     (iv) Changes to a landing notification.              rulemaking for pelagic longline bluefin               meeting due to a conflict with another
                                                  The owner or operator of a vessel who                   tuna area-based and weak hook                         meeting for local constituents, NMFS is
                                                  has submitted a landing notification to                 management. On March 5, 2018, NMFS                    canceling the original scoping meeting
                                                  NMFS may make changes to the                            published a Notice of Intent with                     that had been scheduled for April 12,
                                                  notification by submitting a superseding                scoping meeting dates for Amendment                   2018 in Manahawkin, NJ and changing
                                                  notification. If the initial superseding                11 to the 2006 Consolidated HMS FMP.                  it to another date and location. The
                                                  notification makes changes to the time                  In this notice, per a request from
                                                  of landing that is later than the original                                                                    scoping meeting in New Jersey is now
                                                                                                          constituents in that area, NMFS
                                                  time in the notification, the vessel does                                                                     scheduled for April 11, 2018, in Little
                                                                                                          reschedules the New Jersey meeting
                                                  not need to wait an additional 3 hours                                                                        Egg Harbor, NJ (see ADDRESSES and
                                                                                                          date and provides a new meeting
                                                  to land. If the initial superseding                                                                           DATES).
                                                                                                          location.
                                                  notification makes changes to the                                                                                Because the rulemakings overlap for
                                                                                                          DATES: The scoping meeting will now be
                                                  landing location, the time of landing is                                                                      some gear types, the public scoping
                                                                                                          held on April 11, 2018, from 4 p.m. to
                                                  earlier than previously specified, or                                                                         meeting being held in Little Egg Harbor,
                                                                                                          8 p.m..
                                                  more than one superseding notification                                                                        NJ will address the issues from the
                                                  is submitted on a trip, the vessel must                 ADDRESSES: The scoping meeting will
                                                                                                                                                                scoping documents for both the pelagic
                                                  wait an additional 3 hours to land,                     now be held in Little Egg Harbor, NJ, at              longline bluefin tuna area-based and
                                                  except as provided in paragraph                         the Little Egg Harbor Branch Library,                 weak hook management and
                                                  (a)(2)(iii) of this section.                            290 Mathistown Road, Little Egg Harbor,               Amendment 11 to the 2006
                                                     (v) Approved landing locations. Gulf                 NJ 08087.                                             Consolidated HMS FMP. The shortfin
                                                  reef fish not managed under an IFQ                      FOR FURTHER INFORMATION CONTACT: Guý                 mako shark management measure
                                                  program, and Florida Keys/East Florida                  DuBeck or Craig Cockrell by phone:                    presentation will likely be given first
                                                  hogfish harvested in the Gulf, must be                  301–427–8503, or Jennifer Cudney by                   unless polling of the audience indicates
                                                  landed at an approved landing location.                 phone: 727–824–5399.                                  another approach is appropriate. After
                                                  Landing locations must be approved by                   SUPPLEMENTARY INFORMATION:                            each presentation, public comment for
                                                  the NOAA Office of Law Enforcement                      Regulations implemented under the                     that issue will be received. Meeting
                                                  prior to a vessel landing these species at              authority of the Atlantic Tunas                       attendees interested in this issue are
                                                  these sites. Proposed landing locations                 Convention Act (ATCA; 16 U.S.C. 971 et                encouraged to show up at the beginning
                                                  may be submitted to NMFS; however,                      seq.) and the Magnuson-Stevens Fishery                of the meeting to help determine the
                                                  new landing locations will be approved                  Conservation and Management Act                       order of the presentations. The second
                                                  only at the end of each calendar-year                   (Magnuson-Stevens Act; 16 U.S.C. 1801                 presentation will not start any later than
                                                  quarter. To have a landing location                     et seq.) governing the harvest of HMS,                6 p.m.
                                                  approved by the end of the calendar-                    including bluefin tuna and sharks, by
                                                  year quarter, it must be submitted at                   persons and vessels subject to U.S.                      The public is reminded that NMFS
                                                  least 45 days before the end of the                     jurisdiction are found at 50 CFR 635.                 expects participants at the public
                                                  calendar-year quarter. NMFS will                           On March 2, 2018, NMFS published                   hearings to conduct themselves
                                                  evaluate the proposed sites based on,                   a Notice of Intent (83 FR 8969) with                  appropriately. At the beginning of each
                                                  but not limited to, the criteria at 50 CFR              scoping meeting dates for pelagic                     public hearing, a representative of
                                                  622.21(b)(5)(v) and 622.22(b)(5)(v).                    longline bluefin tuna area-based and                  NMFS will explain the ground rules
                                                  *      *      *     *     *                             weak hook management. The notice                      (e.g., alcohol is prohibited from the
                                                  [FR Doc. 2018–05628 Filed 3–20–18; 8:45 am]             announced a public process for                        hearing room; attendees will be called to
                                                  BILLING CODE 3510–22–P                                  determining the scope of issues to be                 give their comments in the order in
                                                                                                          addressed and for identifying the                     which they registered to speak; each
                                                                                                          significant issues relating to the                    attendee will have an equal amount of
                                                  DEPARTMENT OF COMMERCE                                  management of Atlantic HMS, with a                    time to speak; and attendees should not
                                                                                                          focus on area-based management                        interrupt one another). The NMFS
                                                  National Oceanic and Atmospheric                        measures and weak hook management                     representative will attempt to structure
                                                  Administration                                          measures that were implemented to                     the meeting so that all attending
                                                                                                          reduce dead discards of bluefin tuna in               members of the public will be able to
                                                  50 CFR Part 635                                         the pelagic longline fishery. On March                comment, if they so choose, regardless
                                                  RINs 0648–XG007, 0648–XF947                             5, 2018, NMFS published a Notice of                   of the controversial nature of the
                                                                                                          Intent (83 FR 9255) with scoping                      subject(s). Attendees are expected to
                                                  Atlantic Highly Migratory Species;                      meeting dates for Amendment 11 to the                 respect the ground rules, and, if they do
                                                  Atlantic Bluefin Tuna Fisheries;                        2006 Consolidated HMS FMP. This                       not, they may be asked to leave the
                                                  Pelagic Longline Fishery Management                     notice announced consideration of                     hearing.
                                                  and Shortfin Mako Shark Management                      potential new management measures for                   Authority: 16 U.S.C. 971 et seq; 16 U.S.C.
                                                  Measures                                                shortfin mako sharks that could be                    1801 et seq.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  AGENCY:  National Marine Fisheries                      implemented through rulemaking to
                                                                                                                                                                  Dated: March 16, 2018.
                                                  Service (NMFS), National Oceanic and                    address overfishing and to implement,
                                                                                                          as necessary and appropriate, measures                Emily H. Menashes,
                                                  Atmospheric Administration (NOAA),
                                                                                                          adopted by the International                          Acting Director, Office of Sustainable
                                                  Commerce.                                                                                                     Fisheries, National Marine Fisheries Service.
                                                                                                          Commission for the Conservation of
                                                  ACTION: Notice of rescheduled scoping                                                                         [FR Doc. 2018–05702 Filed 3–20–18; 8:45 am]
                                                                                                          Atlantic Tunas (ICCAT) (ICCAT
                                                  meeting.
                                                                                                          Recommendation 17–08) in response to                  BILLING CODE 3510–22–P




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Document Created: 2018-03-21 00:45:50
Document Modified: 2018-03-21 00:45:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesWritten comments must be received by April 20, 2018.
ContactPeter Hood, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]; IFQ Customer Service, telephone: 1-866-425-7627, Monday through Friday from 8 a.m. to 4:30 p.m., eastern time.
FR Citation83 FR 12326 
RIN Number0648-BG83
CFR AssociatedCommercial; Fisheries; Fishing; Grouper; Gulf of Mexico; Individual Fishing Quota; Red Snapper and Tilefish

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