83_FR_28917 83 FR 28797 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Electronic Reporting for Federally Permitted Charter Vessels and Headboats in Gulf of Mexico Fisheries

83 FR 28797 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Electronic Reporting for Federally Permitted Charter Vessels and Headboats in Gulf of Mexico Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 120 (June 21, 2018)

Page Range28797-28800
FR Document2018-13278

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

Federal Register, Volume 83 Issue 120 (Thursday, June 21, 2018)
[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Proposed Rules]
[Pages 28797-28800]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13278]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BH72


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

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

[[Page 28798]]

Atmospheric Administration (NOAA), Commerce.

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

-----------------------------------------------------------------------

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

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

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

FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast 
Regional Office, telephone: 727-824-5305, or email: 
[email protected].

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

Background

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

[[Page 28799]]

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

Actions Contained in the Gulf For-Hire Reporting Amendment

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

Electronic Reporting by Federally Permitted Charter Vessels and 
Headboats

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

[[Page 28800]]

submitted and received by NMFS according to the reporting requirements.

Location Tracking and Reporting

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

Trip Notification

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

Proposed Rule for the Gulf For-Hire Reporting Amendment

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

Consideration of Public Comments

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

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

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



                                                                         Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules                                                28797

                                                List of Subjects in 40 CFR Part 55                      Rule 206 Conditional Approval of                       Rule 349 Polyester Resin Operations
                                                                                                          Authority to Construct or Permit to Operate            (Revised 06/21/12)
                                                  Environmental protection,                               (Revised 10/15/91)                                   Rule 352 Natural Gas-Fired Fan-Type
                                                Administrative practice and procedure,                  Rule 207 Denial of Application (Adopted                  Central Furnaces and Residential Water
                                                Air pollution control, Hydrocarbons,                      10/23/78)                                              Heaters (Revised 10/20/11)
                                                Incorporation by reference,                             Rule 210 Fees (Revised 03/17/05)                       Rule 353 Adhesives and Sealants (Revised
                                                Intergovernmental relations, Nitrogen                   Rule 212 Emission Statements (Adopted 10/                06/21/12)
                                                dioxide, Nitrogen oxides, Outer                           20/92)                                               Rule 359 Flares and Thermal Oxidizers
                                                continental shelf, Ozone, Particulate                   Rule 301 Circumvention (Adopted 10/23/                   (Adopted 06/28/94)
                                                                                                          78)                                                  Rule 360 Boilers, Water Heaters, and
                                                matter, Permits, Reporting and
                                                                                                        Rule 302 Visible Emissions (Revised 6/                   Process Heaters (0.075–2 MMBtu/hr.)
                                                recordkeeping requirements, Sulfur                        1981)                                                  (Revised 03/15/18)
                                                oxides.                                                 Rule 303 Nuisance (Adopted 10/23/78)                   Rule 361 Small Boilers, Steam Generators,
                                                  Dated: May 31, 2018.                                  Rule 304 Particulate Matter-Northern Zone                and Process Heaters (Adopted 01/17/08)
                                                Deborah Jordan,                                           (Adopted 10/23/78)                                   Rule 370 Potential to Emit—Limitations for
                                                                                                        Rule 305 Particulate Matter Concentration-               Part 70 Sources (Revised 01/20/11)
                                                Acting Regional Administrator, Region IX.                 Southern Zone (Adopted 10/23/78)                     Rule 505 Breakdown Conditions Sections
                                                  For the reasons set out in the                        Rule 306 Dust and Fumes-Northern Zone                    A., B.1, and D. only (Adopted 10/23/78)
                                                preamble, title 40 of the Code of Federal                 (Adopted 10/23/78)                                   Rule 603 Emergency Episode Plans
                                                Regulations, part 55, is proposed to be                 Rule 307 Particulate Matter Emission                     (Adopted 06/15/81)
                                                                                                          Weight Rate-Southern Zone (Adopted 10/               Rule 702 General Conformity (Adopted 10/
                                                amended as follows:                                       23/78)                                                 20/94)
                                                                                                        Rule 308 Incinerator Burning (Adopted 10/              Rule 801 New Source Review—Definitions
                                                PART 55—OUTER CONTINENTAL                                 23/78)                                                 and General Requirements (Revised 08/25/
                                                SHELF AIR REGULATIONS                                   Rule 309 Specific Contaminants (Adopted                  16)
                                                                                                          10/23/78)                                            Rule 802 New Source Review (Revised 08/
                                                ■ 1. The authority citation for part 55                 Rule 310 Odorous Organic Sulfides                        25/16)
                                                continues to read as follows:                             (Adopted 10/23/78)                                   Rule 804 Emission Offsets (Revised 08/25/
                                                  Authority: Section 328 of the Clean Air               Rule 311 Sulfur Content of Fuels (Adopted                16)
                                                Act (42 U.S.C. 7401, et seq.) as amended by               10/23/78)                                            Rule 805 Air Quality Impact Analysis,
                                                Public Law 101–549.                                     Rule 312 Open Fires (Adopted 10/02/90)                   Modeling, Monitoring, and Air Quality
                                                                                                        Rule 316 Storage and Transfer of Gasoline                Increment Consumption (Revised 08/25/
                                                ■ 2. Section 55.14 is amended by                                                                                 16)
                                                                                                          (Revised 01/15/09)
                                                revising paragraph (e)(3)(ii)(F) to read as                                                                    Rule 806 Emission Reduction Credits
                                                                                                        Rule 317 Organic Solvents (Adopted 10/23/
                                                follows:                                                  78)                                                    (Revised 08/25/16)
                                                                                                        Rule 318 Vacuum Producing Devices or                   Rule 808 New Source Review for Major
                                                § 55.14 Requirements that apply to OCS
                                                                                                          Systems-Southern Zone (Adopted 10/23/                  Sources of Hazardous Air Pollutants
                                                sources located within 25 miles of States’
                                                                                                          78)                                                    (Adopted 05/20/99)
                                                seaward boundaries, by State.
                                                                                                        Rule 321 Solvent Cleaning Operations                   Rule 809 Federal Minor Source New Source
                                                *      *   *     *      *                                 (Revised 06/21/12)                                     Review (Revised 08/25/16)
                                                  (e) * * *                                             Rule 322 Metal Surface Coating Thinner                 Rule 810 Federal Prevention of Significant
                                                  (3) * * *                                               and Reducer (Adopted 10/23/78)                         Deterioration (PSD) (Revised 06/20/13)
                                                  (ii) * * *                                            Rule 323 Architectural Coatings (Revised               Rule 1301 Part 70 Operating Permits—
                                                  (F) Santa Barbara County Air                            11/15/01)                                              General Information (Revised 08/25/16)
                                                Pollution Control District Requirements                 Rule 323.1 Architectural Coatings (Adopted             Rule 1302 Part 70 Operating Permits—
                                                Applicable to OCS Sources, May 2018.                      06/19/14, Effective 01/01/15)                          Permit Application (Adopted 11/09/93)
                                                                                                        Rule 324 Disposal and Evaporation of                   Rule 1303 Part 70 Operating Permits—
                                                *      *   *     *      *                                                                                        Permits (Revised 01/18/01)
                                                                                                          Solvents (Adopted 10/23/78)
                                                ■ 3. Appendix A to part 55 is amended                                                                          Rule 1304 Part 70 Operating Permits—
                                                                                                        Rule 325 Crude Oil Production and
                                                by revising paragraph (b)(6) under the                    Separation (Revised 07/19/01)                          Issuance, Renewal, Modification and
                                                heading ‘‘California’’ to read as follows:              Rule 326 Storage of Reactive Organic                     Reopening (Revised 01/18/01)
                                                                                                          Compound Liquids (Revised 01/18/01)                  Rule 1305 Part 70 Operating Permits—
                                                Appendix A to Part 55—Listing of State                                                                           Enforcement (Adopted 11/09/93)
                                                                                                        Rule 327 Organic Liquid Cargo Tank Vessel
                                                and Local Requirements Incorporated
                                                                                                          Loading (Revised 12/16/85)                           *       *    *     *      *
                                                by Reference into Part 55, by State                     Rule 328 Continuous Emission Monitoring                [FR Doc. 2018–13347 Filed 6–20–18; 8:45 am]
                                                *      *     *       *      *                             (Adopted 10/23/78)                                   BILLING CODE 6560–50–P
                                                                                                        Rule 330 Surface Coating of Metal Parts and
                                                California
                                                                                                          Products (Revised 06/21/12)
                                                *      *     *       *      *                           Rule 331 Fugitive Emissions Inspection and
                                                  (b) * * *                                               Maintenance (Revised 12/10/91)                       DEPARTMENT OF COMMERCE
                                                  (6) The following requirements are                    Rule 332 Petroleum Refinery Vacuum
                                                contained in Santa Barbara County Air                     Producing Systems, Wastewater Separators             National Oceanic and Atmospheric
                                                Pollution Control District Requirements                   and Process Turnarounds (Adopted 06/11/              Administration
                                                Applicable to OCS Sources, May 2018:                      79)
                                                Rule 102 Definitions (Revised 08/25/16)                 Rule 333 Control of Emissions from                     50 CFR Part 622
                                                Rule 103 Severability (Adopted 10/23/78)                  Reciprocating Internal Combustion Engines
                                                Rule 105 Applicability (Revised 08/25/16)                 (Adopted 06/19/08)                                   RIN 0648–BH72
amozie on DSK3GDR082PROD with PROPOSALS1




                                                Rule 107 Emergencies (Adopted 04/19/01)                 Rule 342 Control of Oxides of Nitrogen
                                                Rule 201 Permits Required (Revised 06/19/                 (NOX) from Boilers, Steam Generators and             Fisheries of the Caribbean, Gulf of
                                                  08)                                                     Process Heaters) (Revised 04/17/97)                  Mexico, and South Atlantic; Electronic
                                                Rule 202 Exemptions to Rule 201 (Revised                Rule 343 Petroleum Storage Tank Degassing              Reporting for Federally Permitted
                                                  08/25/16)                                               (Adopted 12/14/93)                                   Charter Vessels and Headboats in Gulf
                                                Rule 203 Transfer (Revised 04/17/97)                    Rule 344 Petroleum Sumps, Pits, and Well               of Mexico Fisheries
                                                Rule 204 Applications (Revised 08/25/16)                  Cellars (Adopted 11/10/94)
                                                Rule 205 Standards for Granting Permits                 Rule 346 Loading of Organic Liquid Cargo               AGENCY:  National Marine Fisheries
                                                  (Revised 04/17/97)                                      Vessels (Revised 01/18/01)                           Service (NMFS), National Oceanic and


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                                                28798                   Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules

                                                Atmospheric Administration (NOAA),                      individual, or received after the end of               ecosystems. To further this goal, the
                                                Commerce.                                               the comment period may not be                          Magnuson-Stevens Act states that the
                                                ACTION: Notice of availability (NOA);                   considered by NMFS. All comments                       collection of reliable data is essential to
                                                request for comments.                                   received are a part of the public record               the effective conservation, management,
                                                                                                        and will generally be posted for public                and scientific understanding of the
                                                SUMMARY:    The Gulf of Mexico (Gulf)                   viewing on www.regulations.gov                         nation’s fishery resources.
                                                Fishery Management Council (Gulf                        without change. All personal identifying                  In 2014, NMFS implemented
                                                Council) and South Atlantic Fishery                     information (e.g., name, address, etc.),               management measures contained in a
                                                Management Council (South Atlantic                      confidential business information, or                  framework action to the Reef Fish FMP
                                                Council) have submitted the Gulf For-                   otherwise sensitive information                        and the CMP FMP (Headboat Reporting
                                                hire Reporting Amendment for review,                    submitted voluntarily by the sender will               Framework), which modified
                                                approval, and implementation by                         be publicly accessible. NMFS will                      recordkeeping and reporting provisions
                                                NMFS. The Gulf For-hire Reporting                       accept anonymous comments (enter                       for an owner or operator of a headboat
                                                Amendment includes amendments to                        ‘‘N/A’’ in required fields if you wish to              that has been issued a charter vessel/
                                                the Fishery Management Plan (FMP) for                   remain anonymous).                                     headboat permit for Gulf reef fish or
                                                Reef Fish Resources of the Gulf of                         Electronic copies of the Gulf For-hire              Gulf CMP species (79 FR 6097, February
                                                Mexico (Reef Fish FMP) and the Coastal                  Reporting Amendment may be obtained                    3, 2014). If selected by NMFS to
                                                Migratory Pelagic (CMP) Resources of                    from www.regulations.gov or the                        participate in the Southeast Region
                                                the Gulf of Mexico and Atlantic Region                  Southeast Regional Office website at                   Headboat Survey (SRHS), a headboat
                                                (CMP FMP). If approved by the                           http://sero.nmfs.noaa.gov/sustainable_                 owner or operator must submit an
                                                Secretary of Commerce, the Gulf For-                    fisheries/gulf_fisheries/index.html. The               electronic fishing report weekly, or at
                                                hire Reporting Amendment would                          Gulf For-hire Reporting Amendment                      shorter intervals if notified by the
                                                revise reporting requirements for                       includes an environmental assessment,                  Science and Research Director (SRD) of
                                                owners and operators of federally                       regulatory impact review, Regulatory                   NMFS’ Southeast Fisheries Science
                                                permitted charter vessels and headboats                 Flexibility Act analysis, and fishery                  Center (SEFSC). Currently, the selected
                                                (for-hire vessels). The Gulf For-hire                   impact statement.                                      headboat owners or operators must
                                                Reporting Amendment would require an                                                                           submit an electronic fishing report to
                                                owner or operator of a for-hire vessel                  FOR FURTHER INFORMATION CONTACT: Rich
                                                                                                                                                               NMFS via the internet by the Sunday
                                                with a Federal charter vessel/headboat                  Malinowski, NMFS Southeast Regional
                                                                                                                                                               following the end of each reporting
                                                permit for Gulf Reef Fish or Gulf CMP                   Office, telephone: 727–824–5305, or
                                                                                                                                                               week, which runs from Monday through
                                                to submit an electronic fishing report for              email: rich.malinowski@noaa.gov.
                                                                                                                                                               Sunday; in other words, reports are due
                                                each fishing trip using NMFS-approved                   SUPPLEMENTARY INFORMATION: The                         within 7 days after a reporting week
                                                hardware and software, before                           Magnuson-Stevens Fishery                               ends. If the reports are not submitted on
                                                offloading fish from the vessel. The Gulf               Conservation and Management Act                        time, the owner or operator of the vessel
                                                For-hire Reporting Amendment would                      (Magnuson-Stevens Act) requires each                   is prohibited from harvesting or
                                                also require these owners or operators to               regional fishery management council to                 possessing the applicable species until
                                                notify NMFS prior to departing on any                   submit any fishery management plan or                  any delinquent electronic fishing
                                                trip. The purpose of the Gulf For-hire                  amendment to NMFS for review and                       reports are submitted to NMFS. The
                                                Reporting Amendment is to increase                      approval, partial approval, or                         purpose of the Headboat Reporting
                                                and improve fisheries information                       disapproval. The Magnuson-Stevens Act                  Framework was to obtain more timely
                                                collected from owners and operators of                  also requires that NMFS, upon receiving                fishing information from headboats to
                                                vessels with a Federal charter vessel/                  an FMP or amendment, publish an                        better monitor recreational annual catch
                                                headboat permit for Gulf reef fish or                   announcement in the Federal Register                   limits (ACLs), improve stock
                                                Gulf CMP species. The information is                    notifying the public that the FMP or                   assessments, and improve compliance
                                                expected to improve recreational                        amendment is available for review and                  with reporting in Gulf recreational
                                                fisheries management of the for-hire                    comment.                                               fisheries.
                                                component in the Gulf.                                     The FMPs being revised by the Gulf                     Currently, landings and discards from
                                                DATES: Written comments on the Gulf                     For-hire Reporting Amendment were                      federally permitted charter vessels in
                                                For-hire Reporting Amendment must be                    prepared by the Gulf Council and the                   the Gulf reef fish and CMP fisheries are
                                                received by August 20, 2018.                            South Atlantic Council, and the Gulf                   monitored through the survey of charter
                                                ADDRESSES: You may submit comments                      For-hire Reporting Amendment, if                       vessels by the Marine Recreational
                                                on the Gulf For-hire Reporting                          approved, would be implemented by                      Information Program (MRIP). As of
                                                Amendment, identified by ‘‘NOAA–                        NMFS through regulations at 50 CFR                     January 1, 2018, fishing effort is
                                                NMFS–2018–0075,’’ by either of the                      part 622 under the authority of the                    calculated based on a sample of
                                                following methods:                                      Magnuson-Stevens Act.                                  federally permitted charter vessels
                                                   • Electronic submission: Submit all                  Background
                                                                                                                                                               through a mail survey. Catch rate
                                                electronic comments via the Federal                                                                            observations and catch sampling are
                                                e-Rulemaking Portal. Go to                                The Magnuson-Stevens Act requires                    provided through dockside monitoring,
                                                www.regulations.gov/docket?D=NOAA-                      that NMFS and regional fishery                         also conducted by MRIP. This MRIP
                                                NMFS-2018-0075, click the ‘‘Comment                     management councils prevent                            charter vessel information is then
                                                Now!’’ icon, complete the required                      overfishing and achieve, on a                          available in 2-month increments known
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                                                fields, and enter or attach your                        continuing basis, the optimum yield                    as waves, so that there are six waves
                                                comments.                                               from federally managed fish stocks.                    during the calendar year, e.g., January
                                                   • Mail: Submit all written comments                  These mandates are intended to ensure                  through February, March through April,
                                                to Rich Malinowski, NMFS Southeast                      that fishery resources are managed for                 etc.
                                                Regional Office, 263 13th Avenue                        the greatest overall benefit to the nation,               The Gulf For-hire Reporting
                                                South, St. Petersburg, FL 33701.                        particularly with respect to providing                 Amendment modifies the reporting
                                                   Instructions: Comments sent by any                   food production and recreational                       requirements for both charter vessels
                                                other method, to any other address or                   opportunities, and protecting marine                   and headboats. Owners or operators of


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                                                                        Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules                                           28799

                                                for-hire vessels with a Federal charter                 are departing on a for-hire trip, or on                implement revisions to the Gulf for-hire
                                                vessel/headboat permit for Gulf reef fish               another trip type. If the vessel will be               electronic reporting program.
                                                or Gulf CMP species would have to                       operating as a charter vessel or headboat                 NMFS recently published a proposed
                                                submit electronic fishing reports to                    during the specified trip, the vessel                  rule in the Federal Register to
                                                NMFS for each trip prior to offloading                  owner or operator must also report                     implement electronic reporting
                                                fish. This would make the reporting                     expected return time and landing                       requirements contained in the South
                                                requirements and deadline for charter                   location.                                              Atlantic For-Hire Reporting Amendment
                                                vessels and headboats consistent.                                                                              applicable to the for-hire component of
                                                   If NMFS implements the electronic                    Electronic Reporting by Federally
                                                                                                        Permitted Charter Vessels and                          recreational fisheries in the Atlantic (83
                                                reporting requirements described in the                                                                        FR 14400, April 4, 2018). As proposed
                                                Gulf For-hire Reporting Amendment,                      Headboats
                                                                                                                                                               for the Atlantic, an owner or operator of
                                                the MRIP survey of charter vessels                         The Gulf For-hire Reporting                         a for-hire vessel issued a Federal charter
                                                would continue until the proposed                       Amendment would require an owner or                    vessel/headboat permit for Atlantic
                                                electronic reporting program described                  operator of a charter vessel or headboat               CMP species, Atlantic dolphin and
                                                in the amendment is certified by NMFS,                  with a Federal charter vessel/headboat                 wahoo, or South Atlantic snapper-
                                                and then the electronic reporting                       permit for Gulf reef fish or Gulf CMP                  grouper species, and is operating as a
                                                program could replace the MRIP survey                   species, and is operating as a for-hire                for-hire vessel, would have to submit an
                                                of charter vessels.                                     vessel, to submit an electronic fishing                electronic fishing report using NMFS-
                                                   Accurate and reliable fisheries                      report for each trip before offloading                 approved hardware and software on a
                                                information about catch, effort, and                    fish from the vessel. The electronic                   weekly basis. However, the South
                                                discards is critical to stock assessment                fishing report would include any                       Atlantic Council does not intend for a
                                                and management evaluations. In                          species that were caught or harvested in               vessel with Federal for-hire permits
                                                addition, catch from federally permitted                or from any area, e.g., in state or Federal            from multiple jurisdictions to report to
                                                for-hire vessels may represent a                        waters in the Gulf or Atlantic, as well                multiple electronic reporting programs.
                                                substantial portion of the total                        as information about the permit holder,                Therefore, an owner or operator of a for-
                                                recreational catch for Gulf Council                     vessel, location fished, fishing effort,               hire vessel with a Federal charter
                                                managed fish species, such as red                       discards, and socio-economic data. In                  vessel/headboat permit for an applicable
                                                snapper, gray triggerfish, greater
                                                                                                        the future, other information that could               fishery in the Atlantic, who is required
                                                amberjack, and mutton snapper. The
                                                                                                        further benefit the management of                      to report under another Council’s
                                                Gulf Council has determined that
                                                                                                        federally permitted for-hire vessels                   program that has more stringent
                                                electronic reporting on a per trip basis
                                                                                                        included under the Gulf For-hire                       requirements, such as the proposed Gulf
                                                for federally permitted for-hire vessels
                                                                                                        Reporting Amendment may also be                        For-hire Reporting Amendment, would
                                                could provide more timely information
                                                                                                        subject to collection, as determined by                not also need to report under the South
                                                than the current MRIP survey and
                                                                                                        NMFS, in collaboration with other data                 Atlantic’s program.
                                                SRHS, and more accurate and reliable
                                                                                                        collection partners and in coordination                   This means that if NMFS implements
                                                information for many species with low
                                                                                                        with the Gulf Council. If no fish were                 the measures in the South Atlantic For-
                                                catches, low ACLs, or for species that
                                                are only rarely encountered by fishery                  retained on a trip, submission of an                   hire Reporting Amendment before
                                                participants. The Gulf Council expects                  electronic fishing report would be                     implementing measures established
                                                electronic reporting on a per trip basis                required within 30 minutes after the trip              through the Gulf For-hire Reporting
                                                by owners and operators of all federally                ends.                                                  Amendment, for-hire vessels issued the
                                                permitted for-hire vessels to enhance                      If the Gulf For-hire Reporting                      applicable Federal charter vessel/
                                                data collection efforts and contribute to               Amendment is approved and                              headboat permits in both the Gulf and
                                                better fisheries management by                          implemented, the owner or operator of                  Atlantic would be required to comply
                                                improving the accuracy of the data and                  a federally permitted for-hire vessel that             with the Atlantic electronic reporting
                                                allowing for more data-rich stock                       is on a for-hire trip would be required                program until a Gulf electronic
                                                assessments.                                            to submit an electronic fishing report                 reporting program is implemented, even
                                                                                                        using hardware and software that meets                 if the for-hire trips only occur in the
                                                Actions Contained in the Gulf For-Hire                  NMFS technical requirements and has                    Gulf. Then, if NMFS subsequently
                                                Reporting Amendment                                     been type approved by NMFS. NMFS-                      implements the Gulf For-hire Reporting
                                                   The Gulf For-hire Reporting                          approved hardware could include                        Amendment, fishermen on for-hire
                                                Amendment includes actions to                           electronic devices such as computers,                  vessels issued Gulf for-hire permits
                                                establish electronic reporting on a per                 tablets, smartphones, and vessel                       would need to comply with the Gulf
                                                trip basis before offloading fish from                  monitoring system units that allow for                 electronic reporting program
                                                federally permitted charter vessels and                 internet access and are capable of                     requirements.
                                                headboats in the Gulf reef fish and CMP                 operating approved software. NMFS is                      The Gulf For-hire Reporting
                                                fisheries. The Gulf For-hire Reporting                  currently evaluating potential software                Amendment also contains provisions
                                                Amendment would also require vessel                     applications for the electronic for-hire               addressing reporting during catastrophic
                                                owners or operators to submit fishing                   reporting program and is considering                   conditions, such as after a hurricane,
                                                reports via NMFS-approved hardware                      the use of existing software applications              and delinquent reporting. During
                                                and software with global positioning                    already being used by partners in the                  NMFS-declared catastrophic conditions,
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                                                system (GPS) capabilities that, at a                    region, including e-trips online and                   NMFS may accept paper reporting
                                                minimum, archive vessel position data                   e-trips mobile, which are reporting                    forms, and can modify or waive
                                                during a trip for subsequent                            products developed by the Atlantic                     reporting requirements. Also, a
                                                transmission to NMFS. Lastly, prior to                  Coastal Cooperative Statistics Program.                delinquent report would result in a
                                                departing for any trip, the owner or                    Hardware and software that meet the                    prohibition on the harvest or possession
                                                operator of a federally permitted charter               NMFS type approval would be posted                     of the applicable species by the for-hire
                                                vessel or headboat would be required to                 on the NMFS Southeast Region website                   vessel permit holder until all required
                                                notify NMFS and declare whether they                    upon publication of any final rule to                  and delinquent reports have been


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                                                28800                   Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules

                                                submitted and received by NMFS                          for any trip. The trip notification would              proposed rule in the Federal Register
                                                according to the reporting requirements.                include whether the vessel will be                     for public review and comment.
                                                Location Tracking and Reporting                         departing on a for-hire vessel or as                   Consideration of Public Comments
                                                                                                        another trip type, such as commercial.
                                                   The Gulf For-hire Reporting                          If the vessel will be departing on a for-                The Gulf Council has submitted the
                                                Amendment specifies that a for-hire                     hire trip, the owner or operator must                  Gulf For-hire Reporting Amendment for
                                                vessel owner or operator submit fishing                 also report the expected trip completion               Secretarial review, approval, and
                                                reports via NMFS-approved hardware                      date, time, and landing location. The                  implementation. Comments on the Gulf
                                                and software with GPS capabilities that,                Gulf Council determined that a trip                    For-hire Reporting Amendment must be
                                                at a minimum, archive vessel position                   notification would improve effort                      received by August 20, 2018. Comments
                                                data during a trip for subsequent                       estimation for charter vessels and                     received will be considered by NMFS in
                                                transmission to NMFS. The location                      headboats, and the ability of port agents              the decision to approve, disapprove, or
                                                information would be transmitted                        and law enforcement to meet a vessel at                partially approve the Gulf For-hire
                                                electronically to NMFS. The GPS                         end of a trip for biological sampling and              Reporting Amendment. Comments
                                                portion of the hardware would have to                   landings validation.                                   received after the comment period will
                                                be permanently affixed to the vessel.                                                                          not be considered by NMFS in this
                                                The purpose of this requirement is                      Proposed Rule for the Gulf For-Hire                    decision. All comments received by
                                                verify whether a vessel is at the dock.                 Reporting Amendment                                    NMFS on the amendment or the
                                                Therefore, the GPS portion must have                                                                           proposed rule during their respective
                                                uninterrupted power unless the owner                       A proposed rule that would                          comment periods will be addressed in
                                                or operator applies for and is granted an               implement the Gulf For-hire Reporting                  the final rule.
                                                exemption.                                              Amendment is being drafted. In
                                                                                                                                                                 Authority: 16 U.S.C. 1801 et seq.
                                                                                                        accordance with the Magnuson-Stevens
                                                Trip Notification                                       Act, NMFS will evaluate the proposed                     Dated: June 15, 2018.
                                                  The Gulf For-hire Reporting                           rule to determine whether it is                        Jennifer M. Wallace,
                                                Amendment would require an owner or                     consistent with the FMPs, the                          Acting Director, Office of Sustainable
                                                operator of a federally permitted charter               Magnuson-Stevens Act, and other                        Fisheries, National Marine Fisheries Service.
                                                vessel or headboat to submit a trip                     applicable laws. If that determination is              [FR Doc. 2018–13278 Filed 6–20–18; 8:45 am]
                                                notification to NMFS before departing                   affirmative, NMFS will publish the                     BILLING CODE 3510–22–P
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Document Created: 2018-06-21 01:23:04
Document Modified: 2018-06-21 01:23:04
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
ActionNotice of availability (NOA); request for comments.
DatesWritten comments on the Gulf For-hire Reporting Amendment must be received by August 20, 2018.
ContactRich Malinowski, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected]
FR Citation83 FR 28797 
RIN Number0648-BH72

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