83_FR_54277 83 FR 54069 - 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 54069 - 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 208 (October 26, 2018)

Page Range54069-54079
FR Document2018-23348

NMFS proposes to implement management measures described in the Gulf For-hire Electronic Reporting Amendment, as prepared and submitted by the Gulf of Mexico (Gulf) Fishery Management Council (Gulf Council) and the South Atlantic Fishery Management Council (South Atlantic Council). 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 implemented, this proposed rule would revise reporting requirements for federally permitted charter vessels and headboats (for-hire vessels). This proposed rule 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 before offloading fish from the vessel, using NMFS-approved hardware and software. The proposed rule would also require that a for- hire vessel owner or operator use NMFS-approved hardware and software with global positioning system (GPS) capabilities that, at a minimum, archive vessel position data during a trip. Lastly, prior to departing for any trip, this proposed rule would require the owner or operator of a federally permitted charter vessel or headboat to notify NMFS and declare whether they are departing on a for-hire trip, or on another trip type. The purpose of this proposed rule is to increase and improve fisheries information collected from federally permitted for-hire vessels in the Gulf. The information is expected to improve recreational fisheries management of the for-hire component in the Gulf.

Federal Register, Volume 83 Issue 208 (Friday, October 26, 2018)
[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Proposed Rules]
[Pages 54069-54079]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23348]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 180212157-8897-01]
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 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in 
the Gulf For-hire Electronic Reporting Amendment, as prepared and 
submitted by the Gulf of Mexico (Gulf) Fishery Management Council (Gulf 
Council) and the South Atlantic Fishery Management Council (South 
Atlantic Council). 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 
implemented, this proposed rule would revise reporting requirements for 
federally permitted charter vessels and headboats (for-hire vessels). 
This proposed rule 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 before offloading fish from the vessel, using NMFS-approved 
hardware and software. The proposed rule would also require that a for-
hire vessel owner or operator use NMFS-approved hardware and software 
with global positioning system (GPS) capabilities that, at a minimum, 
archive vessel position data during a trip. Lastly, prior to departing 
for any trip, this proposed rule would require the owner or operator of 
a federally permitted charter vessel or headboat to notify NMFS and 
declare whether they are departing on a for-hire trip, or on another 
trip type. The purpose of this proposed rule is to increase and improve 
fisheries information collected from federally permitted for-hire 
vessels in the Gulf. The information is expected to improve 
recreational fisheries management of the for-hire component in the 
Gulf.

DATES: Written comments on the proposed rule must be received by 
November 26, 2018.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2018-0111,'' by either of the following methods:
     Electronic submission: Submit all electronic comments via 
the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/docket?D=NOAA-NMFS-2018-0111, 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/

[[Page 54070]]

A'' in required fields if you wish to remain anonymous).
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to Adam Bailey, NMFS Southeast Regional 
Office, [email protected], or by email to 
[email protected], or fax to 202-395-5806.
    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/For-HireElectronicReporting/index.html.
    The Gulf For-hire Reporting Amendment includes an environmental 
assessment, regulatory impact review, Regulatory Flexibility Act (RFA) 
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 CMP fishery in the Gulf is managed 
jointly under the CMP FMP by the Gulf Council and South Atlantic 
Council. The Gulf Council manages the reef fish fishery under the Reef 
Fish FMP. These FMPs are 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).

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.
    On February 3, 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 with a Federal 
charter vessel/headboat permit for Gulf reef fish or Gulf CMP, who is 
selected to participate in the Southeast Region Headboat Survey (SRHS) 
(79 FR 6097, February 3, 2014). That final rule required a headboat 
owner or operator to submit a weekly electronic fishing report, or at 
shorter intervals if notified by the Science and Research Director 
(SRD) of NMFS' Southeast Fisheries Science Center (SEFSC). 
Additionally, the final rule for the Headboat Reporting Framework 
prohibited headboats from continuing to fish 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.
    The SEFSC manages and operates the SRHS. Currently, headboats in 
the southeast region 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. This final rule for the Gulf 
For-hire Reporting Amendment would shorten the time after a trip that 
federally permitted headboats in the Gulf have to submit electronic 
fishing reports to NMFS. These reports would be required after each 
trip before offloading fish from the vessel. If no fish were retained 
on a trip, submission of an electronic fishing report would be required 
within 30 minutes after the trip ends.
    Similarly, this proposed rule would require that information from a 
federally permitted charter vessel be reported after each trip through 
the submission of electronic fishing reports before offloading fish 
from the vessel, or if no fish were retained, within 30 minutes after 
the trip ends. 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). Fishing effort is calculated 
based on a monthly sample of federally permitted charter vessels 
through a phone 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. 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 federally permitted charter 
vessels.
    Accurate and reliable fisheries information about catch, effort, 
and discards is important for stock assessments and the evaluation of 
management measures. In addition, catch from federally permitted for-
hire vessels represents a substantial portion of the total recreational 
catch for some fish species managed by the Gulf Council, such as red 
snapper, gray triggerfish, greater amberjack, and mutton snapper. The 
Gulf Council determined that electronic reporting on a per trip basis 
could provide more timely information than the current MRIP survey and 
SRHS, and more accurate and reliable information for those species that 
have low catches, small ACLs, or are rarely encountered by fishery 
participants. The Gulf Council expects electronic reporting on a per 
trip basis by all federally permitted for-hire vessels to enhance data 
collection efforts, providing for better fisheries management, such as 
through more data-rich stock assessments and improved data accuracy.

Management Measures Contained in This Proposed Rule

    This proposed rule would require the owners or operators of vessels 
with Federal charter vessel/headboat permits for Gulf reef fish or Gulf 
CMP species to submit electronic reports, via NMFS-approved hardware 
and software, on a per trip basis before offloading fish. If no fish 
are landed, the electronic fishing report must be submitted within 30 
minutes after the completion of each fishing trip. This proposed rule 
would also require that a for-hire vessel owner or operator use NMFS-
approved hardware and software with GPS capabilities that, at a 
minimum, archive vessel position data during a trip for subsequent 
transmission to NMFS. Lastly, this proposed rule would require the 
owner or operator of a federally permitted charter vessel or headboat 
to notify NMFS prior to departing for any trip 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 details 
of the trip's expected completion.

[[Page 54071]]

Electronic Reporting

    This proposed rule would require an owner or operator of a charter 
vessel or headboat with a Federal charter vessel/headboat permit for 
Gulf reef fish or 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, or within 30 minutes after the end of each trip 
if no fish were landed. 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.
    If the proposed rule is implemented, the owner or operator of a 
vessel with a Federal charter vessel/headboat permit for Gulf reef fish 
or Gulf CMP species would be required to submit an electronic fishing 
report using NMFS-approved hardware and software, which could include 
sending data through a cellular or satellite-based service. NMFS-
approved hardware could include 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 existing software 
applications used by partners in the region, including eTRIPS online 
and eTRIPS mobile, which are reporting products developed by the 
Atlantic Coastal Cooperative Statistics Program. NMFS maintains a list 
of NMFS type-approved vessel monitoring system (VMS) units for 
commercial fisheries at this website https://www.fisheries.noaa.gov/national/enforcement/noaa-fisheries-type-approved-vms-units. These 
systems will be evaluated and potentially modified by the vendors to 
meet the proposed Gulf for-hire reporting requirements. 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. 
Public reporting burden for the proposed requirements is estimated to 
average 10 minutes per electronic fishing report.
    This proposed rule also extends other provisions to federally 
permitted charter vessels that currently apply to headboats to allow 
for modified reporting during catastrophic conditions, such as after a 
hurricane, and to address 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 submitted and received by NMFS according 
to the reporting requirements.

Location Tracking and Reporting

    This proposed rule would require that vessels with Federal charter 
vessel/headboat permits for Gulf reef fish or Gulf CMP species have 
NMFS-approved hardware and software with GPS capabilities that, at a 
minimum, archive vessel position data during a trip for subsequent 
transmission to NMFS, which could include sending data through a 
cellular or satellite-based service. The location information would be 
transmitted electronically to NMFS, along with all other required 
reporting information, prior to offloading fish at the end of each 
trip, or within 30 minutes after a trip is completed if no fish were 
landed. To meet these proposed requirements, separate hardware devices 
may be required to record and submit fishing reports and GPS locations. 
If it is necessary to submit separate fishing and location reports at 
the end of each trip, NMFS estimates the reporting burden to submit 
location information at 2 minutes per trip. The purpose of this 
proposed requirement is to verify whether a vessel is at the dock.
    The GPS portion of the hardware, i.e., the vessel's location 
tracking device, would have to be permanently affixed to the vessel and 
must have uninterrupted power, unless the owner or operator applies for 
and is granted a power-down exemption, e.g., if the vessel is removed 
from the water for repairs. If a VMS unit approved for the Gulf 
electronic reporting program is used, the VMS unit would also be 
required to have uninterrupted power unless a power-down exemption is 
granted.
    In the Gulf, federally permitted commercial reef fish vessels are 
already required to use a NMFS-approved VMS unit for submitting trip 
notifications and commercial landings estimates. NMFS has also issued 
Gulf charter vessel/headboat permits to some of these vessels. However, 
not all VMS units approved for use on commercial reef fish vessels may 
be approved for use in the proposed Gulf for-hire reporting program. 
NMFS-approved VMS units would need software updates by the vendors to 
meet the proposed for-hire reporting requirements. If a VMS unit 
required for the Gulf commercial reef fish fishery is not capable of 
meeting the proposed Gulf for-hire reporting requirements, the owner or 
operator would need to purchase a VMS unit that is approved for both 
commercial reef fish and for-hire vessels or purchase a GPS unit that 
meets the proposed Gulf for-hire reporting requirements. As stated 
earlier, NMFS would post approved hardware and software on the NMFS 
Southeast Region website upon publication of any final rule to 
implement the proposed Gulf electronic reporting program. NMFS expects 
to choose an effective date for any final rule that would allow time 
for affected fishery participants to purchase and install approved 
hardware and software.
    This proposed rule would have similar requirements for powering 
down the GPS or VMS unit as currently exists for commercial vessels. 
The current VMS regulations allow for an owner or operator of a 
commercial vessel to discontinue the use of a VMS unit for a specific 
period, provided they obtain a VMS power-down exemption letter from 
NOAA's Southeast Office of Law Enforcement (50 CFR 622.28). To obtain 
this exemption letter for powering down a GPS unit, the permit holder 
must fill out the appropriate information on the GPS power down 
exemption request form, and submit the form by mail or fax to NMFS. 
NMFS is currently developing an electronic method to submit the GPS 
power down exemption request form that would need to be completed and 
approved by NMFS prior to turning off the vessel's GPS unit. NMFS 
expects this electronic method to be available by the effective date of 
any final rule. NMFS estimates a GPS or VMS power-down exemption 
request would require an average of 5 minutes to complete per 
occurrence.

Trip Notification

    This proposed rule 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 indicate whether the vessel is departing on a for-
hire trip or another type of trip, such as a commercial trip. 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 
improve the ability of port agents and law enforcement to meet a vessel 
at end of a trip for biological sampling and landings validation. This 
validation

[[Page 54072]]

would improve the data being collected. The trip notification would be 
accomplished using a NMFS-approved device, such as the GPS or VMS unit, 
or by other electronic reporting hardware. Public reporting burden to 
complete the proposed trip notification requirement is estimated to 
average 2 minutes per trip.

Other Electronic Reporting Programs

    In April 2018, NMFS 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 South Atlantic 
Council's jurisdiction (83 FR 14400, April 4, 2018). NMFS approved the 
South Atlantic For-Hire Reporting Amendment on June 11, 2018. Under the 
South Atlantic reporting program, an owner or operator of a for-hire 
vessel issued a Federal charter vessel/headboat permit for species 
managed under the FMPs for CMP (in the Atlantic), Atlantic Dolphin and 
Wahoo, or South Atlantic Snapper-Grouper, 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's intent is to prevent multiple reporting by 
allowing the owner or operator of a vessel with numerous Federal for-
hire permits to fulfill the South Atlantic requirements by submitting 
reports under other programs, if those reporting requirements are more 
stringent. Therefore, an owner or operator of a for-hire vessel with a 
Federal charter vessel/headboat permit for an applicable fishery 
managed by the South Atlantic Council, who would be required to report 
under the proposed Gulf electronic reporting system, would not also 
need to report under the South Atlantic's program.

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 the Gulf For-hire Reporting Amendment, the respective 
FMPs, other provisions of the Magnuson-Stevens Act, and other 
applicable laws, subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an initial regulatory flexibility analysis (IRFA) for 
this proposed rule, as required by section 603 of the RFA (5 U.S.C. 
603). The IRFA describes the economic impact this proposed rule, if 
adopted, would have on small entities. A description of the action, why 
it is being considered, the objectives of, and legal basis for this 
action are contained at the beginning of this section in the preamble 
and in the SUMMARY section of the preamble. A copy of the full analysis 
is available from NMFS (see ADDRESSES). A summary of the IRFA follows.
    The Magnuson-Stevens Act provides the statutory basis for this 
proposed rule. No duplicative, overlapping, or conflicting Federal 
rules have been identified.
    This proposed rule would apply to all vessels with a Federal 
charter vessel/headboat permit for Gulf reef fish or Gulf CMP species. 
In 2017, there were 1,376 vessels with at least one valid (non-expired) 
or renewable Federal charter vessel/headboat permit for Gulf reef fish 
or Gulf CMP species, including historical captain permits. These Gulf 
charter vessel/headboat permits are limited access permits. More than 
one type of Federal charter vessel/headboat permit has been issued to 
most for-hire vessels. Among the 1,376 vessels with at least one Gulf 
charter vessel/headboat permit, in 2017, 1,259 for-hire vessels had 
Federal permits for both Gulf reef fish and Gulf CMP species, 52 had 
only a Gulf reef fish permit, and 65 had only a Gulf CMP permit. 
Additionally, 172 of these vessels had a Gulf commercial reef fish 
permit. Finally, 377 of the vessels with at least one Gulf charter 
vessel/headboat permit had at least one charter vessel/headboat permit 
for Atlantic CMP species, Atlantic dolphin and wahoo, or South Atlantic 
snapper-grouper species.
    Although the charter vessel/headboat permit application for Gulf 
reef fish or Gulf CMP species collects information on the primary 
method of operation, the permit itself does not identify the permitted 
vessel as either a charter vessel or a headboat, and vessels may 
operate in both capacities on different trips. However, if a for-hire 
vessel meets the selection criteria used by the SRHS and is selected to 
report by the SRD of the SEFSC, it is considered to operate primarily 
as a headboat and is required to submit catch and effort information to 
the SRHS. As of February 2017, there were 73 Gulf headboats that 
participate in the SRHS. As a result, the estimated 1,376 for-hire 
vessels that may be affected by this proposed rule are expected to 
consist of approximately 1,303 charter vessels and 73 headboats. The 
average charter vessel operating in the Gulf is estimated to receive 
approximately $86,000 (2017 dollars) in annual revenue. The average 
headboat is estimated to receive approximately $261,000 (2017 dollars) 
in annual revenue.
    The Small Business Association has established size criteria for 
all major industry sectors in the U.S., including fish harvesters. A 
business involved in the for-hire fishing industry is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $7.5 million (NAICS code 
487210, for-hire businesses) for all its affiliated operations 
worldwide. All for-hire businesses expected to be directly affected by 
this proposed rule are believed to be small business entities.
    NMFS has not identified any other small entities that might be 
directly affected by this proposed rule.
    This proposed rule would require an owner or operator of a 
federally permitted charter vessel or headboat to submit an electronic 
fishing report to NMFS for each trip via NMFS-approved hardware and 
software, prior to offloading fish from the vessel. NMFS does not 
expect the submission of an electronic fishing report to require 
special professional skills. The use of computers, the internet, 
smartphones, or other forms of electronic connections and communication 
is commonplace in the business environment. All headboat operators have 
been required to submit electronic reports since January 2014 and are 
expected to be proficient with electronic reporting. As a result, NMFS 
expects all affected headboat businesses to already have staff with the 
appropriate skills to meet the proposed change in the timing of report 
submissions. However, charter vessel operators have not been subject to 
mandatory electronic reporting of fishing activity and, therefore, may 
lack experience reporting such, beyond the collection and compilation 
of similar information for their own business management purposes. As a 
result, although NMFS does not expect the information required to be 
reported to be complex or substantially beyond that necessary to meet 
the record-keeping needs of normal fishing business operational 
purposes, these operators may need some time to become proficient in 
the reporting requirements. The hiring of new employees with 
specialized skills, however, should not be necessary.
    While no conflicting Federal rules have been identified, an 
estimated 377 vessels have Federal permits to harvest species managed 
by both the Gulf Council and the South Atlantic Council. Among these 
377 vessels, approximately

[[Page 54073]]

138 primarily operate as headboats. NMFS has published a proposed rule 
to require electronic reporting for owners and operators of federally 
permitted charter vessels in the South Atlantic and modify the 
reporting deadline for owners and operators of headboats. In order to 
reduce multiple reporting, the South Atlantic Council would accept, as 
fulfillment of the requirements of their proposed reporting program, 
reports submitted under other programs, if the reporting requirements 
in those other programs are more stringent than those proposed by the 
South Atlantic Council and meet the core data elements identified by 
the South Atlantic Council. Because NMFS expects the reporting 
requirements under this proposed rule to meet these criteria, an owner 
or operator of a for-hire vessel that has both Gulf and South Atlantic 
charter vessel/headboat permits and that is required to submit 
electronic reports under this proposed rule would not be required to 
also report under the South Atlantic Council's proposed for-hire 
electronic reporting program. However, owners or operators of for-hire 
vessels that possess a Gulf reef fish or Gulf CMP permit may also 
possess one or more Federal for-hire permits to harvest species managed 
by other regional fishery management councils. It is unknown how many 
vessels currently fit this description; however, the number is expected 
to be small. A vessel with Federal for-hire permits in other regions 
would also have to comply with any applicable reporting requirements 
under those permits.
    NMFS expects this proposed rule, if implemented, to directly affect 
an estimated 1,376 for-hire vessels that possess a Federal permit 
necessary to fish for Gulf reef fish or Gulf CMP species. Because all 
entities expected to be affected by this proposed rule are small 
entities, NMFS has determined that this proposed rule would affect a 
substantial number of small entities. Moreover, the issue of 
disproportionate effects on small versus large entities does not arise 
in the present case.
    This proposed rule would require that the owner or operator of a 
charter vessel or headboat for which a charter vessel/headboat permit 
for Gulf reef fish or Gulf CMP species has been issued to submit 
fishing reports to NMFS for each trip via electronic reporting. These 
submissions would need to be made prior to offloading fish using NMFS-
approved hardware and software. If no fish are retained on a for-hire 
trip, the report would have to be submitted within 30 minutes of 
arriving at the dock, following the conclusion of the trip. Because the 
majority of charter and headboat trips are half-day trips, this 
proposed rule could require multiple submissions in a single day. 
Electronic reporting is estimated to take approximately 10 minutes per 
trip, which is the time burden that is approximately equivalent to that 
of the current headboat reporting requirements. However, the proposed 
rule would provide less flexibility to headboats in terms of how and 
when to allocate labor resources for reporting. NMFS expects that the 
time and labor associated with filing these reports would be borne by 
existing vessel personnel and would not represent the need for 
additional staff. However, it would necessitate that vessel personnel, 
as opposed to onshore support staff, complete the reports. There would 
be an opportunity cost associated with redirecting effort from normal 
trip operations to the report submission process. Reports could be 
completed during transit back to port or within normal business 
activities, once the vessel is tied up to the dock. NMFS expects that 
each business would adopt the strategy most efficient to its staffing 
and operational characteristics, thus minimizing any resultant implicit 
or explicit costs. These costs cannot be estimated with available data.
    Because electronic reporting has been a requirement for headboat 
owners and operators for the past 3 years, the labor and costs 
associated with reporting have been internalized within each headboat 
business. For charter vessel owners, if treated as a new and distinct 
explicit labor cost, the annual reporting burden is estimated to cost 
approximately $340,000 to $1.73 million (2017 dollars) in total, or 
$244 to $1,259 per vessel on average. These are upper bound cost 
estimates and would be equivalent to 1.5 percent or less of average 
annual charter vessel revenue. However, as previously stated, the 
reporting burden would likely be absorbed by existing vessel personnel, 
and therefore, labor costs would likely be less. Some of the effort to 
complete the proposed electronic fishing reports may be redirected from 
current operational activities, such as normal trip record-keeping that 
a vessel completes for standard business purposes. The information that 
would be required under electronic reporting would be accessible to the 
reporting vessel and, therefore, would satisfy reporting obligations 
and support business operations. In effect, the electronic reporting 
system may serve as the record repository for this component of a 
vessel's business records. In addition to the need to maintain records 
on the number of trips and passengers a vessel takes, the services for-
hire vessels sell require reasonable levels of fishing success. Thus, 
records of what species a vessel catches, where they are caught, the 
time of the year they are caught, and how these change over time are 
vital to managing a successful business. As a result, the information 
that is expected to be required under the proposed electronic reporting 
should be substantially duplicative of information already recorded by 
these businesses and should augment their ability to monitor and adjust 
their fishing practices, supporting more successful operations.
    Additionally, this proposed rule would require that, prior to 
departing for any trip, the owner or operator of a vessel issued a 
charter vessel/headboat permit for Gulf reef fish or Gulf CMP species 
to notify NMFS, report the vessel identification number, and declare 
the type of trip (e.g., for-hire or other trip). When departing on a 
for-hire trip they would also need to report the expected return time, 
date, and landing location. NMFS expects that the technology cost to 
for-hire businesses associated with the trip notification system would 
be minimal. For the sake of comparison, the trip notification system 
designed by NMFS for commercial Gulf Reef Fish permit holders allows 
for low cost submission of trip notification reports, either utilizing 
a toll-free number or existing vessel monitoring system (VMS) 
equipment. Although the trip notification requirement would be an 
additional burden on for-hire vessel operators' time, the opportunity 
cost of complying with such would be expected to be low, because of the 
limited amount of information that would need to be submitted to NMFS. 
NMFS estimates that a trip notification would require 2 minutes to 
complete.
    Finally, the proposed rule would require that these vessel owners 
or operators use NMFS-approved hardware and software with GPS 
capabilities that, at a minimum, archive vessel position data during a 
trip for subsequent transmission to NMFS. NMFS estimates that if it is 
necessary to submit separate trip and location reports, estimated at 10 
and 2 minutes, respectively, due to hardware or software configurations 
on a vessel, the time burden could be up to 12 minutes per trip. The 
GPS portion of the hardware would need to be permanently affixed to the 
vessel and have uninterrupted power, unless the owner or operator 
applies for and is granted a power-down exemption.
    In addition to the total burden on vessel operators' time, 
estimated at up

[[Page 54074]]

to 14 minutes per trip, as discussed earlier, examples of costs borne 
by the for-hire fleet may include the purchase and installation costs 
of the approved hardware units and associated service charges. Cost 
estimates to the for-hire industry were generated for several general 
options including a tablet-based system, a handheld GPS, and a 
smartphone-based system, where the smartphone is hardwired to a 
vessel's GPS. If a vessel does not already have an approved type of 
hardware, the estimated startup costs for each affected vessel under 
the options listed above would range from $150 to $450 in the year of 
implementation. These costs would be equivalent to less than 1 percent 
of average annual charter vessel or headboat revenue. The recurring 
annual cost in subsequent years was estimated to be approximately $20 
per vessel. These estimates assume that for-hire vessels already have a 
basic data plan through a wireless service provider. Some vessels may 
be more or less affected than others by the proposed rule depending on 
their existing technology assets and data service plans at the time of 
implementation, as well as the availability of wireless service 
coverage at their port of landing. For the affected vessels that 
currently do not have any wireless carrier contract, the estimated 
additional cost for an unlimited data plan would range from 
approximately $60 to $100 per month. This is an upper bound estimate 
based on advertised rates from four major wireless service providers in 
2017 and cheaper plans would likely be available. Because details of 
the NMFS-approved hardware and software have not yet been determined, 
all cost estimates provided here are subject to change and could go up 
or down based on the technology that NMFS ultimately approves and the 
data that are required to be reported.
    The following discussion describes the alternatives that were not 
selected as preferred by the Gulf Council.
    Four alternatives were considered for the action to modify the 
frequency and mechanism of data reporting for charter vessels. The 
first alternative, the no-action alternative, would retain current 
reporting requirements for federally permitted charter vessels. This 
would not be expected to alter for-hire business costs relative to the 
status quo, so no direct economic effects to small entities would be 
expected to occur. This alternative was not selected by the Gulf 
Council because it would forgo important biological, economic, and 
social benefits from improved management as afforded by more timely and 
accurate estimates of effort, landings, and discards.
    The second alternative would require that the owner or operator of 
a charter vessel for which a charter vessel/headboat permit for Gulf 
reef fish or Gulf CMP species has been issued to submit fishing reports 
to the SRD weekly, or at intervals shorter than a week if notified by 
the SRD, via electronic reporting using NMFS-approved hardware and 
software. Under this alternative, reports would need to be filed by 
Tuesday following each reporting week. Although this alternative could 
result in additional implicit or explicit costs to affected vessels 
relative to the status quo, it would be less burdensome than this 
proposed rule, because charter vessels would have a longer period of 
time to report and more flexibility in terms of when and how to report. 
This alternative would be less likely than the proposed rule to 
interfere with normal operations during charter trips and would allow 
for onshore support staff assistance, as well potentially cheaper data 
transmission methods (e.g., via a personal computer or laptop connected 
to the internet). This alternative was not selected by the Gulf Council 
because it would result in less timely data, as well as potentially 
less accurate data, due to a lack of dockside validation and greater 
potential for recall bias.
    The third alternative would require that the owner or operator of a 
charter vessel for which a charter vessel/headboat permit for Gulf reef 
fish or Gulf CMP species has been issued to submit fishing reports to 
the SRD daily via electronic reporting using NMFS-approved hardware and 
software. Under this alternative, reports would need to be filed by 
noon (local time) of the following day. The costs of this alternative 
to affected small entities, in terms of magnitude, would likely fall 
between those of the second alternative and those of this proposed 
rule. There would be less flexibility than under the second alternative 
in terms of when reports are filed; however, it would still be possible 
to utilize onshore support staff and technology resources to meet the 
requirements. Even though the data would be timelier under daily 
reporting than weekly reporting, and recall bias would likely be lower, 
the Gulf Council did not select this alternative because the lack of 
dockside validation would still be a major drawback in ensuring high 
quality and accurate data.
    Four alternatives were considered for the action to modify the 
frequency and mechanism of data reporting for headboats. The first 
alternative, the no-action alternative, would retain current reporting 
requirements for federally permitted headboats. This would not be 
expected to alter for-hire business costs relative to the status quo, 
so no direct economic effects to small entities would be expected to 
occur. This alternative was not selected by the Gulf Council because it 
would forgo important biological, economic, and social benefits from 
improved management as afforded by more timely and accurate estimates 
of effort, landings, and discards.
    The second alternative would require that the owner or operator of 
a headboat for which a charter vessel/headboat permit for Gulf reef 
fish or Gulf CMP species has been issued submit fishing reports to the 
SRD weekly, or at intervals shorter than a week if notified by the SRD, 
via electronic reporting using NMFS-approved hardware and software. 
Under this alternative, reports would need to be filed by Tuesday 
following each reporting week, which is 5 days sooner than under the 
status quo. Although this alternative could result in additional 
implicit or explicit costs to affected vessels relative to the status 
quo, it would be less burdensome than this proposed rule, because 
headboats would have a longer period of time to report and more 
flexibility in terms of when and how to report. This alternative would 
be less likely to interfere with normal operations during headboat 
trips and would allow for onshore support staff assistance, as well 
potentially cheaper data transmission methods (e.g., via a personal 
computer or laptop connected to the internet). This alternative was not 
selected by the Council because it would result in less timely data, as 
well as potentially less accurate data, due to a lack of dockside 
validation and greater potential for recall bias.
    The third alternative would require that the owner or operator of a 
headboat for which a charter vessel/headboat permit for Gulf reef fish 
or Gulf CMP species has been issued submit fishing reports to the SRD 
daily via electronic reporting using NMFS-approved hardware and 
software. Under this alternative, reports would need to be filed by 
noon (local time) of the following day. The costs of this alternative 
to affected small entities, in terms of magnitude, would likely fall 
between those of the second alternative and those of this proposed 
rule. There would be less flexibility than under the second alternative 
in terms of when reports are filed; however, it would still be possible 
to utilize onshore support staff and technology resources to meet the 
requirements. Even though the data would be timelier under daily 
reporting than weekly reporting and recall bias

[[Page 54075]]

would likely be lower, the Council did not select this alternative 
because the lack of dockside validation would still be a major drawback 
in ensuring high quality and accurate data.
    Three alternatives were considered for the action to implement trip 
notification requirements for federally permitted charter vessels and 
headboats. The first alternative, the no-action alternative, would 
maintain current reporting requirements for for-hire vessels and would 
not require trip declarations or landing notifications. Therefore, it 
would not be expected to result in any direct economic effects on any 
small entities. The Gulf Council did not select the first alternative 
because it would not satisfy the data needs required for dockside 
validation and would not aid in enforcement. The second alternative and 
two options were selected as preferred, and would require that both 
federally permitted charter vessels and headboats submit trip 
declarations to NMFS prior to departing on any trip. The third 
alternative would require that prior to arriving at the dock at the end 
of each for-hire trip, the owner or operator of a vessel for which a 
Federal charter vessel/headboat permit for Gulf reef fish or Gulf CMP 
species has been issued to provide a landing notification and submit 
fishing reports via NMFS-approved hardware and software. The third 
alternative contained two options. The first and second options would 
require federally permitted charter vessels and headboats, 
respectively, to comply with the landing notification requirement. The 
Gulf Council did not select the third alternative because requiring 
vessels to provide a landing notification and submit fishing reports 
prior to arriving at the dock is not necessary with the preferred 
reporting alternatives, which require fishing reports be submitted at 
the end of each trip.
    Four alternatives were considered for the action to implement 
hardware and software requirements for reporting. The first 
alternative, the no-action alternative, would not change current 
reporting requirements for for-hire vessels. Therefore, it would not be 
expected to result in any direct economic effects on any small 
entities. This alternative was not selected by the Gulf Council because 
there is currently no reporting platform for charter vessels, and 
therefore, no means by which charter vessels would be able to submit 
electronic reports. Additionally, this alternative would not allow for 
the same level of trip validation, because it would not require GPS 
unit hardware to be permanently affixed to the vessel.
    The second alternative and two options were selected as preferred 
and would require charter vessel and headboat owners or operators to 
submit fishing reports via NMFS-approved hardware and software. Under 
this preferred alternative and options, a for-hire vessel owner or 
operator would also be required to use NMFS-approved hardware and 
software with GPS capabilities that, at a minimum, archive vessel 
position data during a trip. The GPS portion of the hardware would need 
to be permanently affixed to the vessel.
    The third alternative would require for-hire vessel owners or 
operators to submit fishing reports via NMFS-approved hardware and 
software with GPS capabilities that, at a minimum, provide real-time 
vessel position data to NMFS. The GPS portion of the hardware would 
need to be permanently affixed to the vessel. The third alternative 
contained two options. The first and second options would require 
federally permitted charter vessels and headboats, respectively, to 
comply with the hardware and software requirements of the third 
alternative. The estimated startup costs for each affected for-hire 
vessel under the third alternative and two options would total 
approximately $300 in the year of implementation, which falls within 
the estimated startup cost range for this proposed rule. The recurring 
annual service cost associated with the transmission of real-time 
location data in subsequent years would be approximately $200 per 
vessel, which is greater than the recurring cost associated with this 
proposed rule. As discussed earlier, these estimates assume for-hire 
vessels have existing wireless service contracts and sufficient data 
plans for submitting electronic fishing reports to NMFS. If that is not 
the case, for-hire vessels may incur additional expenses in the range 
of $60 to $100 per month. The third alternative was not selected by the 
Gulf Council because of the higher estimated recurring costs to 
industry.
    The fourth alternative would require for-hire vessel owners or 
operators to submit fishing reports via NMFS-approved hardware and 
software that provide vessel position data to NMFS via VMS. The antenna 
and junction box would need to be permanently affixed to the vessel. 
The fourth alternative contained two options. The first and second 
options would require federally permitted charter vessels and 
headboats, respectively, to comply with the hardware and software 
requirements of the fourth alternative. The estimated startup costs for 
each affected vessel to purchase, install, and operate a VMS unit would 
range from $2,500 to $4,400 in the year of implementation. This would 
be equivalent to approximately 3 to 5 percent of average annual charter 
vessel revenue and 1 to 2 percent of average annual headboat revenue. 
The recurring annual cost associated with maintaining and operating VMS 
hardware and software in subsequent years was estimated to be 
approximately $750 per vessel. The fourth alternative was not selected 
by the Council, because the estimated startup and recurring costs to 
the industry were much higher than those of the preferred alternative.
    This proposed rule contains collection-of-information requirements 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). These proposed 
requirements have been submitted to OMB for approval. NMFS is proposing 
to revise the collection-of-information requirements under OMB Control 
Number 0648-0016, Southeast Region Logbook Family of Forms. The 
proposed rule would require owners or operators of vessels with Federal 
charter vessel/headboat permits for Gulf reef fish or Gulf CMP species, 
and when operating as such, to submit an electronic fishing report to 
NMFS for each trip via NMFS-approved hardware and software, prior to 
offloading fish from the vessel. Public reporting burden for the 
proposed requirements are estimated to average 2 minutes to complete 
the trip notification, 10 minutes per electronic fishing report, and, 
if separate from the fishing report, 2 minutes to report location 
information. NMFS estimates a GPS or VMS power-down exemption request 
would require an average of 5 minutes to complete per occurrence. These 
estimates include the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the necessary data, 
and compiling, reviewing, and submitting the information to be 
collected.
    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 information technology. Send comments on 
these or any other aspects of the collection of information to the 
Southeast Regional Office at the

[[Page 54076]]

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

    Atlantic, Charter vessel, Cobia, Fisheries, Fishing, Gulf of 
Mexico, Headboat, King mackerel, Recordkeeping and reporting, Reef 
fish, South Atlantic, Spanish mackerel.

    Dated: October 22, 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.  622.20, revise paragraph (b)(1)(ii)(A)(2) to read as 
follows:


Sec.  622.20  Permits and endorsements.

* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (A) * * *
    (2) Charter vessel and headboat recordkeeping and reporting 
requirements specified in Sec.  622.26(b);
* * * * *
0
3. In Sec.  622.26, revise paragraph (b) to read as follows:


Sec.  622.26   Recordkeeping and reporting.

* * * * *
    (b) Charter vessel/headboat owners and operators--(1) General 
reporting requirement--The owner or operator of a charter vessel or 
headboat for which a charter vessel/headboat permit for Gulf reef fish 
has been issued, as required under Sec.  622.20(b), and whose vessel is 
operating as a charter vessel or headboat, regardless of fishing 
location, must submit an electronic fishing report of all fish 
harvested and discarded, and any other information requested by the SRD 
for each trip within the time period specified in paragraph (b)(2) of 
this section. The electronic fishing report must be submitted to the 
SRD via NMFS approved hardware and software, as specified in paragraph 
(b)(5) of this section.
    (2) Reporting deadlines. Completed electronic fishing reports 
required by paragraph (b)(1) of this section must be submitted to the 
SRD prior to removing any fish from the vessel. If no fish were 
retained by any person on the vessel during a trip, the completed 
electronic fishing report must be submitted to the SRD within 30 
minutes of the completion of the trip, e.g., arrival at the dock.
    (3) Catastrophic conditions. During catastrophic conditions only, 
NMFS provides for use of paper forms for basic required functions as a 
backup to the electronic reports required by paragraph (b) of this 
section. The RA will determine when catastrophic conditions exist, the 
duration of the catastrophic conditions, and which participants or 
geographic areas are deemed affected by the catastrophic conditions. 
The RA will provide timely notice to affected participants via 
publication of notification in the Federal Register, and other 
appropriate means, such as fishery bulletins or NOAA weather radio, and 
will authorize the affected participants' use of paper forms for the 
duration of the catastrophic conditions. The paper forms will be 
available from NMFS. During catastrophic conditions, the RA has the 
authority to waive or modify reporting time requirements.
    (4) Compliance requirement. Electronic reports required by 
paragraph (b)(1) of this section must be submitted and received by NMFS 
according to the reporting requirements under this section. A report 
not received within the applicable time specified in paragraph (b)(2) 
of this section is delinquent. A delinquent report automatically 
results in the owner and operator of a charter vessel or headboat for 
which a charter vessel/headboat permit for Gulf reef fish has been 
issued being prohibited from harvesting or possessing such species, 
regardless of any additional notification to the delinquent owner and 
operator by NMFS. The owner and operator who are prohibited from 
harvesting or possessing such species due to delinquent reports are 
authorized to harvest or possess such species only after all required 
and delinquent reports have been submitted and received by NMFS 
according to the reporting requirements under this section.
    (5) Hardware and software requirements for electronic reporting. 
The owner or operator of a vessel for which a charter vessel/headboat 
permit for Gulf reef fish has been issued must submit electronic 
reports using NMFS-approved hardware and software with a minimum 
capability of archiving GPS locations. The GPS portion of the hardware 
must be permanently affixed to the vessel and have uninterrupted 
operation.
    (i) Use of a NMFS-approved VMS. An owner or operator of a vessel 
for which a charter vessel/headboat permit for Gulf reef fish has been 
issued, and who uses a NMFS-approved VMS to comply with the reporting 
and recordkeeping requirements of this section, must adhere to the VMS 
requirements specified in Sec.  622.28, except for the trip 
notification requirements specified in Sec.  622.28(e). For trip 
notification requirements, see paragraph (b)(6) of this section.
    (ii) Use of other NMFS-approved hardware and software. An owner or 
operator of a vessel for which a charter vessel/headboat permit for 
Gulf reef fish has been issued, and who uses NMFS-approved hardware and 
software other than a VMS to comply with the reporting and 
recordkeeping requirements of this section must comply with the 
following--
    (A) Ensure that such vessel has an operating GPS unit approved by 
NMFS on board at all times whether or not the vessel is underway, 
unless exempted by NMFS under the power-down exemptions specified in 
paragraph (b)(5)(iii)(D) of this section. An operating GPS unit 
includes an operating mobile transmitting unit on the vessel and a 
functioning communication link between the unit and NMFS as provided by 
a NMFS-approved communication service provider. NMFS maintains a 
current list of approved GPS units and communication providers, which 
is available at https://www.fisheries.noaa.gov/southeast/about-us/sustainable-fisheries-division-gulf-mexico-branch. If NMFS removes a 
GPS unit from the approved list, a vessel owner who purchased and 
installed such a GPS unit prior to its removal from the approved list 
will still comply with the requirement to have an approved unit, unless 
otherwise notified by NMFS. At the end of a GPS unit's service life, it 
must be replaced with a currently approved unit.
    (B) Hourly position reporting requirement. An owner or operator of 
a vessel using a NMFS-approved GPS unit as specified in paragraph 
(b)(5)(iii)(A) of this section must ensure that the required GPS unit 
archives the vessel's accurate position at least once per hour, 24 
hours a day, every day of the year,

[[Page 54077]]

unless exempted from this requirement under paragraphs (b)(5)(iii)(C) 
or (D) of this section.
    (C) In-port exemption. While in port, an owner or operator of a 
vessel with a type-approved GPS unit configured with the 4-hour 
position reporting feature may utilize the 4-hour reporting feature 
rather than comply with the hourly position reporting requirement 
specified in paragraph (b)(5)(iii)(B) of this section. Once the vessel 
is no longer in port, the hourly position reporting requirement 
specified in paragraph (b)(5)(ii)(B) of this section applies. For the 
purposes of this section, ``in port'' means secured at a land-based 
facility, or moored or anchored after the return to a dock, berth, 
beach, seawall, or ramp.
    (D) Power-down exemptions. An owner or operator of a vessel subject 
to the requirement to have a GPS unit operating at all times as 
specified in paragraph (b)(5)(ii)(A) of this section can be exempted 
from that requirement and may power down the required GPS unit if--
    (1) The vessel will be continuously out of the water or in port, as 
defined in paragraph (b)(5)(ii)(C) of this section, for more than 72 
consecutive hours;
    (2) The owner or operator of the vessel applies for and obtains a 
valid letter of exemption from NMFS. The letter of exemption must be 
maintained on board the vessel and remains valid for the period 
specified in the letter for all subsequent power-down requests 
conducted for the vessel consistent with the provisions of paragraphs 
(b)(5)(ii)(D)(3) and (4) of this section.
    (3) Prior to each power down, the owner or operator of the vessel 
files a report using a NMFS-approved form that includes the name of the 
person filing the report, vessel name, U.S. Coast Guard vessel 
documentation number or state vessel registration number, charter 
vessel/headboat reef fish permit number, vessel port location during 
GPS power down, estimated duration of the power-down exemption, and 
reason for power down; and
    (4) Prior to powering down the GPS unit, the owner or operator of 
the vessel receives a confirmation from NMFS that the information was 
successfully delivered.
    (E) Installation and activation of a GPS unit. Only a GPS unit that 
has been approved by NMFS for the Gulf reef fish fishery may be used, 
and the GPS unit must be installed by a qualified marine electrician. 
When installing and activating or when reinstalling and reactivating 
the NMFS-approved GPS unit, the vessel owner or operator must--
    (1) Follow procedures indicated on the GPS installation and 
activation form, which is available from NMFS; and
    (2) Submit a completed and signed GPS installation and activation 
form to NMFS as specified on the form.
    (F) Interference with the GPS. No person may interfere with, tamper 
with, alter, damage, disable, or impede the operation of the GPS, or 
attempt any of the same.
    (G) Interruption of operation of the GPS. When a vessel's GPS is 
not operating properly or if notified by NMFS that a vessel's GPS is 
not operating properly, the vessel owner or operator must immediately 
contact NMFS and follow NMFS' instructions. In either event, such 
instructions may include, but are not limited to, manually 
communicating to a location designated by NMFS the vessel's positions, 
or returning to port until the GPS is operable.
    (iii) Access to position data. As a condition of authorized fishing 
for or possession of Gulf reef fish subject to the reporting and 
recordkeeping requirements in this section, a vessel owner or operator 
subject to the hardware and software requirements in this section must 
allow NMFS, the U.S. Coast Guard, and their authorized officers and 
designees access to the vessel's position data obtained from the VMS or 
GPS.
    (6) Trip notification requirements. Prior to departure for each 
trip, the owner or operator of a vessel for which a charter vessel/
headboat permit for Gulf reef fish has been issued must notify NMFS and 
report the type of trip, the U.S. Coast Guard vessel documentation 
number or state vessel registration number, and whether the vessel will 
be operating as a charter vessel or headboat, or is departing on 
another type of trip, such as a commercial trip. If the vessel will be 
operating as a charter vessel or headboat during the trip, the owner or 
operator must also report the expected trip completion date, time, and 
landing location.
* * * * *
0
4. In Sec.  622.373, revise paragraph (c)(1) to read as follows:


Sec.  622.373   Limited access system for charter vessel/headboat 
permits for Gulf coastal migratory pelagic fish.

* * * * *
    (c) * * * (1) Renewal of a charter vessel/headboat permit for Gulf 
coastal migratory pelagic fish is contingent upon compliance with the 
recordkeeping and reporting requirements specified in Sec.  622.374(b).
* * * * *
0
5. In Sec.  622.374, revise paragraph (b) to read as follows:


Sec.  622.374  Recordkeeping and reporting.

* * * * *
    (b) Charter vessel/headboat owners and operators--(1) General 
reporting requirement--(i) Gulf of Mexico. The owner or operator of a 
charter vessel or headboat for which a charter vessel/headboat permit 
for Gulf coastal migratory pelagic fish has been issued, as required 
under Sec.  622.370(b)(1), and whose vessel is operating as a charter 
vessel or headboat, regardless of fishing location, must submit an 
electronic fishing report of all fish harvested and discarded, and any 
other information requested by the SRD for each trip within the time 
period specified in paragraph (b)(2)(i) of this section. An electronic 
fishing report must be submitted to the SRD via NMFS approved hardware 
and software, as specified in paragraph (b)(5) of this section.
    (ii) Atlantic headboats. The owner or operator of a headboat for 
which a charter vessel/headboat permit for Atlantic coastal migratory 
pelagic fish has been issued, as required under Sec.  622.370(b)(1), or 
whose vessel fishes for or lands Atlantic coastal migratory pelagic 
fish in or from state waters adjoining the South Atlantic or Mid-
Atlantic EEZ, who is selected to report by the SRD must submit an 
electronic fishing record for each trip of all fish harvested within 
the time period specified in paragraph (b)(2)(ii) of this section, via 
the Southeast Region Headboat Survey.
    (2) Reporting deadlines--(i) Gulf of Mexico. Completed electronic 
fishing reports required by paragraph (b)(1)(i) of this section must be 
submitted to the SRD prior to removing any fish from the vessel. If no 
fish were retained by any person on the vessel during a trip, the 
completed electronic fishing report must be submitted to the SRD within 
30 minutes of the completion of the trip, e.g., arrival at the dock.
    (ii) Atlantic headboats. Electronic fishing records required by 
paragraph (b)(1)(ii) of this section for headboats must be submitted at 
weekly intervals (or intervals shorter than a week if notified by the 
SRD) by 11:59 p.m., local time, the Sunday following a reporting week. 
If no fishing activity occurred during a reporting week, an electronic 
report so stating must be submitted for that reporting week by 11:59 
p.m., local time, the Sunday following a reporting week.

[[Page 54078]]

    (3) Catastrophic conditions. During catastrophic conditions only, 
NMFS provides for use of paper forms for basic required functions as a 
backup to the electronic reports required by paragraphs (b)(1)(i) and 
(ii) of this section. The RA will determine when catastrophic 
conditions exist, the duration of the catastrophic conditions, and 
which participants or geographic areas are deemed affected by the 
catastrophic conditions. The RA will provide timely notice to affected 
participants via publication of notification in the Federal Register, 
and other appropriate means, such as fishery bulletins or NOAA weather 
radio, and will authorize the affected participants' use of paper-based 
components for the duration of the catastrophic conditions. The paper 
forms will be available from NMFS. During catastrophic conditions, the 
RA has the authority to waive or modify reporting time requirements.
    (4) Compliance requirement. Electronic reports required by 
paragraphs (b)(1)(i) and (ii) of this section must be submitted and 
received by NMFS according to the reporting requirements under this 
section. A report not received within the applicable time specified in 
paragraphs (b)(2)(i) or (ii) is delinquent. A delinquent report 
automatically results in the owner and operator of a charter vessel or 
headboat for which a charter vessel/headboat permit for Gulf or 
Atlantic coastal migratory pelagic fish has been issued, as required 
under Sec.  622.370(b)(1), being prohibited from harvesting or 
possessing such species, regardless of any additional notification to 
the delinquent owner and operator by NMFS. The owner and operator who 
are prohibited from harvesting or possessing such species due to 
delinquent reports are authorized to harvest or possess such species 
only after all required and delinquent reports have been submitted and 
received by NMFS according to the reporting requirements under this 
section.
    (5) Hardware and software requirements for electronic reporting. 
(i) An owner or operator of a vessel for which a charter vessel/
headboat permit for Gulf or Atlantic coastal migratory pelagic fish has 
been issued must submit electronic reports using NMFS-approved hardware 
and software.
    (ii) For a vessel for which a charter vessel/headboat permit for 
Gulf coastal migratory pelagic fish has been issued, the NMFS-approved 
hardware and software must have a minimum capability of archiving GPS 
locations, and the GPS portion of the hardware must be permanently 
affixed to the vessel and have uninterrupted operation.
    (iii) Use of a NMFS-approved VMS. An owner or operator of a vessel 
for which a charter vessel/headboat permit for Gulf coastal migratory 
pelagic fish has been issued, and who uses a NMFS-approved VMS to 
comply with the reporting and recordkeeping requirements of this 
section, must adhere to the VMS requirements for the Gulf reef fish 
fishery specified in Sec.  622.28 of this part, except for the trip 
notification requirements specified in Sec.  622.28(e) of this part. 
For trip notification requirements, see paragraph (b)(6) of this 
section.
    (iv) Use of other NMFS-approved hardware and software. An owner or 
operator of a vessel for which a charter vessel/headboat permit for 
Gulf coastal migratory pelagic fish has been issued, and who uses NMFS-
approved hardware and software other than a VMS to comply with 
reporting and recordkeeping requirements of this section must comply 
with the following--
    (A) Ensure that such vessel has an operating GPS unit approved by 
NMFS on board at all times whether or not the vessel is underway, 
unless exempted by NMFS under the power-down exemptions specified in 
paragraph (b)(5)(iv)(D) of this section. An operating GPS unit includes 
an operating mobile transmitting unit on the vessel and a functioning 
communication link between the unit and NMFS as provided by a NMFS-
approved communication service provider. NMFS maintains a current list 
of approved GPS units and communication providers, which is available 
at https://www.fisheries.noaa.gov/southeast/about-us/sustainable-fisheries-division-gulf-mexico-branch. If NMFS removes a GPS unit from 
the approved list, a vessel owner who purchased and installed such a 
GPS unit prior to its removal from the approved list will still comply 
with the requirement to have an approved unit, unless otherwise 
notified by NMFS. At the end of a GPS unit's service life, it must be 
replaced with a currently approved unit.
    (B) Hourly position reporting requirement. An owner or operator of 
a vessel using a NMFS-approved GPS unit as specified in paragraph 
(b)(5)(iv)(A) of this section must ensure that the required GPS unit 
archives the vessel's accurate position at least once per hour, 24 
hours a day, every day of the year, unless exempted from this 
requirement under paragraphs (b)(5)(iv)(C) or (D) of this section.
    (C) In-port exemption. While in port, an owner or operator of a 
vessel with a type-approved GPS unit configured with the 4-hour 
position reporting feature may utilize the 4-hour reporting feature 
rather than comply with the hourly position reporting requirement 
specified in paragraph (b)(5)(iv)(B) of this section. Once the vessel 
is no longer in port, the hourly position reporting requirement 
specified in paragraph (b)(5)(iv)(B) of this section applies. For the 
purposes of this section, ``in port'' means secured at a land-based 
facility, or moored or anchored after the return to a dock, berth, 
beach, seawall, or ramp.
    (D) Power-down exemptions. An owner or operator of a vessel subject 
to the requirement to have a GPS unit operating at all times as 
specified in paragraph (b)(5)(iv)(A) of this section can be exempted 
from that requirement and may power down the required GPS unit if--
    (1) The vessel will be continuously out of the water or in port, as 
defined in paragraph (b)(5)(iv)(C) of this section, for more than 72 
consecutive hours; and
    (2) The owner or operator of the vessel applies for and obtains a 
valid letter of exemption from NMFS. The letter of exemption must be 
maintained on board the vessel and remains valid for the period 
specified in the letter for all subsequent power-down requests 
conducted for the vessel consistent with the provisions of paragraphs 
(b)(5)(iv)(D)(3) and (4) of this section.
    (3) Prior to each power down, the owner or operator of the vessel 
files a report using a NMFS-approved form that includes the name of the 
person filing the report, vessel name, U.S. Coast Guard vessel 
documentation number or state vessel registration number, permit number 
of the Gulf coastal migratory pelagic charter vessel/headboat permit, 
vessel port location during GPS power down, estimated duration of the 
power-down exemption, and reason for power down; and
    (4) Prior to powering down the GPS unit, the owner or operator of 
the vessel receives a confirmation from NMFS that the information was 
successfully delivered.
    (E) Installation and activation of a GPS unit. Only a GPS unit that 
has been approved by NMFS for the Gulf coastal migratory pelagic 
fishery may be used, and the GPS unit must be installed by a qualified 
marine electrician. When installing and activating or when reinstalling 
and reactivating the NMFS-approved GPS unit, the vessel owner or 
operator must--
    (1) Follow procedures indicated on the GPS installation and 
activation form, which is available from NMFS; and

[[Page 54079]]

    (2) Submit a completed and signed GPS installation and activation 
form to NMFS as specified on the form.
    (F) Interference with the GPS. No person may interfere with, tamper 
with, alter, damage, disable, or impede the operation of the GPS, or 
attempt any of the same.
    (G) Interruption of operation of the GPS. When a vessel's GPS is 
not operating properly or if notified by NMFS that a vessel's GPS is 
not operating properly, the vessel owner or operator must immediately 
contact NMFS and follow NMFS' instructions. In either event, such 
instructions may include, but are not limited to, manually 
communicating to a location designated by NMFS the vessel's positions 
or returning to port until the GPS is operable.
    (v) Access to position data. As a condition of authorized fishing 
for or possession of Gulf coastal migratory pelagic fish subject to the 
reporting and recordkeeping requirements in this section, a vessel 
owner or operator subject to the hardware and software requirements in 
this section must allow NMFS, the U.S. Coast Guard, and their 
authorized officers and designees access to the vessel's position data 
obtained from the VMS or GPS.
    (6) Trip notification requirements in the Gulf. Prior to departure 
for each trip, the owner or operator of a vessel for which a charter 
vessel/headboat permit for Gulf coastal migratory pelagic fish has been 
issued must notify NMFS and report the type of trip, the U.S. Coast 
Guard vessel documentation number or state vessel registration number, 
and whether the vessel will be operating as a charter vessel or 
headboat, or is departing on another type of trip, such as a commercial 
trip. If the vessel will be operating as a charter vessel or headboat 
during the trip, the owner or operator must also report the expected 
trip completion date, time, and landing location.
* * * * *
[FR Doc. 2018-23348 Filed 10-25-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                                        Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Proposed Rules                                          54069

                                                  Appeals may be delivered personally to the            Office of Chief Counsel, TIGTA, at 202–622–           Mexico and Atlantic Region (CMP
                                                Communications Division, Comptroller of the             4068.                                                 FMP). If implemented, this proposed
                                                Currency, 250 E Street SW, Washington, DC.                 3. Requests for records. Initial                   rule would revise reporting
                                                                                                        determinations as to whether to grant                 requirements for federally permitted
                                                Appendix G to Subpart A of Part 1—                      requests for records of TIGTA will be made
                                                Financial Crimes Enforcement Network                    by the Disclosure Officer, TIGTA. Requests
                                                                                                                                                              charter vessels and headboats (for-hire
                                                                                                        for records may be mailed to: Freedom of              vessels). This proposed rule would
                                                  1. In general. This appendix applies to the
                                                                                                        Information Act/Privacy Act Request,                  require an owner or operator of a for-
                                                Financial Crimes Enforcement Network
                                                (FinCEN).                                               Treasury Inspector General for Tax                    hire vessel with a Federal charter
                                                  2. Public reading room. FinCEN will                   Administration, Office of Chief Counsel,              vessel/headboat permit for Gulf Reef
                                                provide records on the online reading room              Disclosure Branch, 1401 H Street NW, Room             Fish or Gulf CMP to submit an
                                                located on the FinCEN FOIA page or in the               469, Washington, DC 20005. You may also               electronic fishing report for each fishing
                                                Code of Federal Regulations.                            view the How to Make a FOIA Request for               trip before offloading fish from the
                                                  3. Requests for records. Initial                      TIGTA Records at https://www.treasury.gov/            vessel, using NMFS-approved hardware
                                                determinations as to whether to grant                   tigta/important_foia_mafr.shtml. TIGTA’s
                                                                                                        FOIA email address is FOIA.Reading.Room@
                                                                                                                                                              and software. The proposed rule would
                                                requests for records of FinCEN will be made
                                                                                                        tigta.treas.gov.                                      also require that a for-hire vessel owner
                                                by the Freedom of Information Act/Privacy
                                                Act Officer, FinCEN. Requests for records                  4. Administrative appeal of initial                or operator use NMFS-approved
                                                may be mailed to: Freecom of Information                determination to deny records. Appellate              hardware and software with global
                                                Act/Privacy Act Request, Financial Crimes               determinations with respect to the records of         positioning system (GPS) capabilities
                                                Enforcement Network, Post Office Box 39,                TIGTA will be made by the Chief Counsel,              that, at a minimum, archive vessel
                                                Vienna, VA 22183.                                       TIGTA, or the delegate of the Chief Counsel.          position data during a trip. Lastly, prior
                                                  4 Administrative appeal of initial                    Appeals should be mailed to: Freedom of               to departing for any trip, this proposed
                                                determination to deny records. Appellate                Information Act/Privacy Act Appeal,                   rule would require the owner or
                                                determinations with respect to the records of           Treasury Inspector General for Tax
                                                                                                        Administration, Office of Chief Counsel,
                                                                                                                                                              operator of a federally permitted charter
                                                FinCEN will be made by the Director of
                                                FinCEN or the delegate of the Director.                 1401 H Street NW, Room 469, Washington,               vessel or headboat to notify NMFS and
                                                Appeals should be mailed to: Freedom of                 DC 20005.                                             declare whether they are departing on a
                                                Information Act Appeal, Post Office Box 39,                                                                   for-hire trip, or on another trip type. The
                                                Vienna, VA 22183, or emailed to:                        David F. Eisner,                                      purpose of this proposed rule is to
                                                FinCENFOIA@fincen.gov.                                  Assistant Secretary for Management.                   increase and improve fisheries
                                                Appendix H to Subpart A of Part 1—
                                                                                                        [FR Doc. 2018–23447 Filed 10–25–18; 8:45 am]          information collected from federally
                                                Alcohol and Tobacco Tax and Trade                       BILLING CODE 4810–25–P                                permitted for-hire vessels in the Gulf.
                                                Bureau                                                                                                        The information is expected to improve
                                                                                                                                                              recreational fisheries management of the
                                                  1. In general. This appendix applies to the           DEPARTMENT OF COMMERCE                                for-hire component in the Gulf.
                                                Alcohol and Tobacco Tax and Trade Bureau
                                                (TTB).                                                                                                        DATES:Written comments on the
                                                                                                        National Oceanic and Atmospheric                      proposed rule must be received by
                                                  2. Public reading room. The public reading
                                                room for TTB is maintained at 1310 G Street
                                                                                                        Administration                                        November 26, 2018.
                                                NW, Washington, DC 20005. For building
                                                security purposes, visitors are required to             50 CFR Part 622                                       ADDRESSES:   You may submit comments
                                                make an appointment by calling 202–882–                                                                       on the proposed rule, identified by
                                                                                                        [Docket No. 180212157–8897–01]                        ‘‘NOAA–NMFS–2018–0111,’’ by either
                                                9904.
                                                  3. Requests for records. Initial                      RIN 0648–BH72                                         of the following methods:
                                                determinations as to whether to grant                                                                            • Electronic submission: Submit all
                                                requests for records of TTB will be made by             Fisheries of the Caribbean, Gulf of                   electronic comments via the Federal e-
                                                the Director, Regulations and Rulings                   Mexico, and South Atlantic; Electronic                Rulemaking Portal. Go to http://
                                                Division. Requests for records may be mailed            Reporting for Federally Permitted
                                                to: TTB FOIA Requester Service Center, 1310
                                                                                                                                                              www.regulations.gov/docket?D=NOAA-
                                                                                                        Charter Vessels and Headboats in Gulf                 NMFS-2018-0111, click the ‘‘Comment
                                                G Street NW, Box 12, Washington, DC 20005.
                                                Requests may also be faxed to: 202–453–
                                                                                                        of Mexico Fisheries                                   Now!’’ icon, complete the required
                                                2331.                                                   AGENCY:  National Marine Fisheries                    fields, and enter or attach your
                                                  4. Administrative appeal of initial                   Service (NMFS), National Oceanic and                  comments.
                                                determination to deny records. Appellate
                                                                                                        Atmospheric Administration (NOAA),                       • Mail: Submit all written comments
                                                determinations with respect to the records of                                                                 to Rich Malinowski, NMFS Southeast
                                                TTB will be made by the Assistant                       Commerce.
                                                                                                        ACTION: Proposed rule; request for
                                                                                                                                                              Regional Office, 263 13th Avenue
                                                Administrator (Headquarters Operations),
                                                Alcohol and Tobacco Tax and Trade Burea or              comments.                                             South, St. Petersburg, FL 33701.
                                                the delegate of such official. Appeals may be                                                                    Instructions: Comments sent by any
                                                mailed or delivered in person to: FOIA                  SUMMARY:  NMFS proposes to implement                  other method, to any other address or
                                                Appeal, Assistant Administrator                         management measures described in the                  individual, or received after the end of
                                                (Headquarters Operations), Alcohol and                  Gulf For-hire Electronic Reporting                    the comment period, may not be
                                                Tobacco Tax and Trade Bureau, 1310 G                    Amendment, as prepared and submitted                  considered by NMFS. All comments
                                                Street NW, Box 12, Washington, DC 20005.
                                                                                                        by the Gulf of Mexico (Gulf) Fishery                  received are a part of the public record
                                                Appendix I to Subpart A of Part 1—                      Management Council (Gulf Council) and                 and will generally be posted for public
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                                                Treasury Inspector General for Tax                      the South Atlantic Fishery Management                 viewing on www.regulations.gov
                                                Administration                                          Council (South Atlantic Council). The                 without change. All personal identifying
                                                                                                        Gulf For-hire Reporting Amendment                     information (e.g., name, address, etc.),
                                                  1. In general. This appendix applies to the
                                                Treasury Inspector General for Tax
                                                                                                        includes amendments to the Fishery                    confidential business information, or
                                                Administration (TIGTA).                                 Management Plan (FMP) for Reef Fish                   otherwise sensitive information
                                                  2. Public reading room. TIGTA will                    Resources of the Gulf of Mexico (Reef                 submitted voluntarily by the sender will
                                                provide a room upon request when                        Fish FMP) and the Coastal Migratory                   be publicly accessible. NMFS will
                                                necessary. Contact the Disclosure Branch,               Pelagic (CMP) Resources of the Gulf of                accept anonymous comments (enter ‘‘N/


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                                                54070                   Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Proposed Rules

                                                A’’ in required fields if you wish to                   to participate in the Southeast Region                the MRIP survey of charter vessels
                                                remain anonymous).                                      Headboat Survey (SRHS) (79 FR 6097,                   would continue until the proposed
                                                   Written comments regarding the                       February 3, 2014). That final rule                    electronic reporting program described
                                                burden-hour estimates or other aspects                  required a headboat owner or operator                 in the amendment is certified by NMFS,
                                                of the collection-of-information                        to submit a weekly electronic fishing                 and then the electronic reporting
                                                requirements contained in this proposed                 report, or at shorter intervals if notified           program could replace the MRIP survey
                                                rule may be submitted to Adam Bailey,                   by the Science and Research Director                  of federally permitted charter vessels.
                                                NMFS Southeast Regional Office,                         (SRD) of NMFS’ Southeast Fisheries                       Accurate and reliable fisheries
                                                adam.bailey@noaa.gov, or by email to                    Science Center (SEFSC). Additionally,
                                                                                                                                                              information about catch, effort, and
                                                OIRA_Submission@omb.eop.gov, or fax                     the final rule for the Headboat Reporting
                                                                                                                                                              discards is important for stock
                                                to 202–395–5806.                                        Framework prohibited headboats from
                                                                                                                                                              assessments and the evaluation of
                                                   Electronic copies of the Gulf For-hire               continuing to fish until any delinquent
                                                                                                                                                              management measures. In addition,
                                                Reporting Amendment may be obtained                     electronic fishing reports are submitted
                                                                                                        to NMFS. The purpose of the Headboat                  catch from federally permitted for-hire
                                                from www.regulations.gov or the
                                                                                                        Reporting Framework was to obtain                     vessels represents a substantial portion
                                                Southeast Regional Office website at
                                                                                                        more timely fishing information from                  of the total recreational catch for some
                                                http://sero.nmfs.noaa.gov/sustainable_
                                                                                                        headboats to better monitor recreational              fish species managed by the Gulf
                                                fisheries/gulf_fisheries/For-
                                                                                                        annual catch limits (ACLs), improve                   Council, such as red snapper, gray
                                                HireElectronicReporting/index.html.
                                                                                                        stock assessments, and improve                        triggerfish, greater amberjack, and
                                                   The Gulf For-hire Reporting
                                                                                                        compliance with reporting in Gulf                     mutton snapper. The Gulf Council
                                                Amendment includes an environmental
                                                assessment, regulatory impact review,                   recreational fisheries.                               determined that electronic reporting on
                                                Regulatory Flexibility Act (RFA)                           The SEFSC manages and operates the                 a per trip basis could provide more
                                                analysis, and fishery impact statement.                 SRHS. Currently, headboats in the                     timely information than the current
                                                                                                        southeast region submit an electronic                 MRIP survey and SRHS, and more
                                                FOR FURTHER INFORMATION CONTACT: Rich
                                                                                                        fishing report to NMFS via the internet               accurate and reliable information for
                                                Malinowski, NMFS Southeast Regional                                                                           those species that have low catches,
                                                                                                        by the Sunday following the end of each
                                                Office, telephone: 727–824–5305, or                                                                           small ACLs, or are rarely encountered
                                                                                                        reporting week, which runs from
                                                email: rich.malinowski@noaa.gov.                                                                              by fishery participants. The Gulf
                                                                                                        Monday through Sunday; in other
                                                SUPPLEMENTARY INFORMATION: The CMP                      words, reports are due within 7 days                  Council expects electronic reporting on
                                                fishery in the Gulf is managed jointly                  after a reporting week ends. This final               a per trip basis by all federally
                                                under the CMP FMP by the Gulf Council                   rule for the Gulf For-hire Reporting                  permitted for-hire vessels to enhance
                                                and South Atlantic Council. The Gulf                    Amendment would shorten the time                      data collection efforts, providing for
                                                Council manages the reef fish fishery                   after a trip that federally permitted                 better fisheries management, such as
                                                under the Reef Fish FMP. These FMPs                     headboats in the Gulf have to submit                  through more data-rich stock
                                                are implemented by NMFS through                         electronic fishing reports to NMFS.                   assessments and improved data
                                                regulations at 50 CFR part 622 under the                These reports would be required after                 accuracy.
                                                authority of the Magnuson-Stevens                       each trip before offloading fish from the
                                                Fishery Conservation and Management                     vessel. If no fish were retained on a trip,           Management Measures Contained in
                                                Act (Magnuson-Stevens Act).                             submission of an electronic fishing                   This Proposed Rule
                                                Background                                              report would be required within 30                       This proposed rule would require the
                                                                                                        minutes after the trip ends.                          owners or operators of vessels with
                                                   The Magnuson-Stevens Act requires                       Similarly, this proposed rule would
                                                that NMFS and regional fishery                                                                                Federal charter vessel/headboat permits
                                                                                                        require that information from a federally
                                                management councils prevent                             permitted charter vessel be reported                  for Gulf reef fish or Gulf CMP species to
                                                overfishing and achieve, on a                           after each trip through the submission of             submit electronic reports, via NMFS-
                                                continuing basis, the optimum yield                     electronic fishing reports before                     approved hardware and software, on a
                                                from federally managed fish stocks.                     offloading fish from the vessel, or if no             per trip basis before offloading fish. If
                                                These mandates are intended to ensure                   fish were retained, within 30 minutes                 no fish are landed, the electronic fishing
                                                that fishery resources are managed for                  after the trip ends. Currently, landings              report must be submitted within 30
                                                the greatest overall benefit to the nation,             and discards from federally permitted                 minutes after the completion of each
                                                particularly with respect to providing                  charter vessels in the Gulf reef fish and             fishing trip. This proposed rule would
                                                food production and recreational                        CMP fisheries are monitored through                   also require that a for-hire vessel owner
                                                opportunities, and protecting marine                    the survey of charter vessels by the                  or operator use NMFS-approved
                                                ecosystems. To further this goal, the                   Marine Recreational Information                       hardware and software with GPS
                                                Magnuson-Stevens Act states that the                    Program (MRIP). Fishing effort is                     capabilities that, at a minimum, archive
                                                collection of reliable data is essential to             calculated based on a monthly sample                  vessel position data during a trip for
                                                the effective conservation, management,                 of federally permitted charter vessels                subsequent transmission to NMFS.
                                                and scientific understanding of the                     through a phone survey. Catch rate                    Lastly, this proposed rule would require
                                                nation’s fishery resources.                             observations and catch sampling are                   the owner or operator of a federally
                                                   On February 3, 2014, NMFS                            provided through dockside monitoring,                 permitted charter vessel or headboat to
                                                implemented management measures                         also conducted by MRIP. This MRIP                     notify NMFS prior to departing for any
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                                                contained in a framework action to the                  charter vessel information is then                    trip and declare whether they are
                                                Reef Fish FMP and the CMP FMP                           available in 2-month increments known                 departing on a for-hire trip, or on
                                                (Headboat Reporting Framework),                         as waves, so that there are six waves                 another trip type. If the vessel will be
                                                which modified recordkeeping and                        during the calendar year, e.g., January               operating as a charter vessel or headboat
                                                reporting provisions for an owner or                    through February, March through April,                during the specified trip, the vessel
                                                operator of a headboat with a Federal                   etc. If NMFS implements the electronic                owner or operator must also report
                                                charter vessel/headboat permit for Gulf                 reporting requirements described in the               details of the trip’s expected
                                                reef fish or Gulf CMP, who is selected                  Gulf For-hire Reporting Amendment,                    completion.


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                                                                        Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Proposed Rules                                         54071

                                                Electronic Reporting                                    During NMFS-declared catastrophic                     required for the Gulf commercial reef
                                                   This proposed rule would require an                  conditions, NMFS may accept paper                     fish fishery is not capable of meeting the
                                                owner or operator of a charter vessel or                reporting forms, and can modify or                    proposed Gulf for-hire reporting
                                                headboat with a Federal charter vessel/                 waive reporting requirements. Also, a                 requirements, the owner or operator
                                                headboat permit for Gulf reef fish or                   delinquent report would result in a                   would need to purchase a VMS unit that
                                                CMP species, and is operating as a for-                 prohibition on the harvest or possession              is approved for both commercial reef
                                                hire vessel, to submit an electronic                    of the applicable species by the for-hire             fish and for-hire vessels or purchase a
                                                fishing report for each trip before                     vessel permit holder until all required               GPS unit that meets the proposed Gulf
                                                offloading fish from the vessel, or                     and delinquent reports have been                      for-hire reporting requirements. As
                                                within 30 minutes after the end of each                 submitted and received by NMFS                        stated earlier, NMFS would post
                                                trip if no fish were landed. The                        according to the reporting requirements.              approved hardware and software on the
                                                electronic fishing report would include                                                                       NMFS Southeast Region website upon
                                                                                                        Location Tracking and Reporting
                                                                                                                                                              publication of any final rule to
                                                any species that were caught or                            This proposed rule would require that              implement the proposed Gulf electronic
                                                harvested in or from any area, e.g., in                 vessels with Federal charter vessel/                  reporting program. NMFS expects to
                                                state or Federal waters in the Gulf or                  headboat permits for Gulf reef fish or                choose an effective date for any final
                                                Atlantic, as well as information about                  Gulf CMP species have NMFS-approved                   rule that would allow time for affected
                                                the permit holder, vessel, location                     hardware and software with GPS                        fishery participants to purchase and
                                                fished, fishing effort, discards, and                   capabilities that, at a minimum, archive              install approved hardware and software.
                                                socio-economic data.                                    vessel position data during a trip for                   This proposed rule would have
                                                   If the proposed rule is implemented,                 subsequent transmission to NMFS,                      similar requirements for powering down
                                                the owner or operator of a vessel with                  which could include sending data                      the GPS or VMS unit as currently exists
                                                a Federal charter vessel/headboat permit                through a cellular or satellite-based                 for commercial vessels. The current
                                                for Gulf reef fish or Gulf CMP species                  service. The location information would               VMS regulations allow for an owner or
                                                would be required to submit an                          be transmitted electronically to NMFS,                operator of a commercial vessel to
                                                electronic fishing report using NMFS-                   along with all other required reporting               discontinue the use of a VMS unit for
                                                approved hardware and software, which                   information, prior to offloading fish at              a specific period, provided they obtain
                                                could include sending data through a                    the end of each trip, or within 30                    a VMS power-down exemption letter
                                                cellular or satellite-based service.                    minutes after a trip is completed if no               from NOAA’s Southeast Office of Law
                                                NMFS-approved hardware could                            fish were landed. To meet these                       Enforcement (50 CFR 622.28). To obtain
                                                include devices such as computers,                      proposed requirements, separate                       this exemption letter for powering down
                                                tablets, smartphones, and vessel                        hardware devices may be required to                   a GPS unit, the permit holder must fill
                                                monitoring system units that allow for                  record and submit fishing reports and                 out the appropriate information on the
                                                internet access and are capable of                      GPS locations. If it is necessary to                  GPS power down exemption request
                                                operating approved software. NMFS is                    submit separate fishing and location                  form, and submit the form by mail or fax
                                                currently evaluating potential software                 reports at the end of each trip, NMFS                 to NMFS. NMFS is currently developing
                                                applications for the electronic for-hire                estimates the reporting burden to submit              an electronic method to submit the GPS
                                                reporting program and is considering                    location information at 2 minutes per                 power down exemption request form
                                                existing software applications used by                  trip. The purpose of this proposed                    that would need to be completed and
                                                partners in the region, including eTRIPS                requirement is to verify whether a vessel             approved by NMFS prior to turning off
                                                online and eTRIPS mobile, which are                     is at the dock.                                       the vessel’s GPS unit. NMFS expects
                                                reporting products developed by the                        The GPS portion of the hardware, i.e.,             this electronic method to be available by
                                                Atlantic Coastal Cooperative Statistics                 the vessel’s location tracking device,                the effective date of any final rule.
                                                Program. NMFS maintains a list of                       would have to be permanently affixed to               NMFS estimates a GPS or VMS power-
                                                NMFS type-approved vessel monitoring                    the vessel and must have uninterrupted                down exemption request would require
                                                system (VMS) units for commercial                       power, unless the owner or operator                   an average of 5 minutes to complete per
                                                fisheries at this website https://                      applies for and is granted a power-down               occurrence.
                                                www.fisheries.noaa.gov/national/                        exemption, e.g., if the vessel is removed
                                                enforcement/noaa-fisheries-type-                        from the water for repairs. If a VMS unit             Trip Notification
                                                approved-vms-units. These systems will                  approved for the Gulf electronic                        This proposed rule would require an
                                                be evaluated and potentially modified                   reporting program is used, the VMS unit               owner or operator of a federally
                                                by the vendors to meet the proposed                     would also be required to have                        permitted charter vessel or headboat to
                                                Gulf for-hire reporting requirements.                   uninterrupted power unless a power-                   submit a trip notification to NMFS
                                                Hardware and software that meet the                     down exemption is granted.                            before departing for any trip. The trip
                                                NMFS type approval would be posted                         In the Gulf, federally permitted                   notification would indicate whether the
                                                on the NMFS Southeast Region website                    commercial reef fish vessels are already              vessel is departing on a for-hire trip or
                                                upon publication of any final rule to                   required to use a NMFS-approved VMS                   another type of trip, such as a
                                                implement revisions to the Gulf for-hire                unit for submitting trip notifications and            commercial trip. If the vessel will be
                                                electronic reporting program. Public                    commercial landings estimates. NMFS                   departing on a for-hire trip, the owner
                                                reporting burden for the proposed                       has also issued Gulf charter vessel/                  or operator must also report the
                                                requirements is estimated to average 10                 headboat permits to some of these                     expected trip completion date, time, and
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                                                minutes per electronic fishing report.                  vessels. However, not all VMS units                   landing location. The Gulf Council
                                                   This proposed rule also extends other                approved for use on commercial reef                   determined that a trip notification
                                                provisions to federally permitted charter               fish vessels may be approved for use in               would improve effort estimation for
                                                vessels that currently apply to                         the proposed Gulf for-hire reporting                  charter vessels and headboats, and
                                                headboats to allow for modified                         program. NMFS-approved VMS units                      improve the ability of port agents and
                                                reporting during catastrophic                           would need software updates by the                    law enforcement to meet a vessel at end
                                                conditions, such as after a hurricane,                  vendors to meet the proposed for-hire                 of a trip for biological sampling and
                                                and to address delinquent reporting.                    reporting requirements. If a VMS unit                 landings validation. This validation


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                                                54072                   Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Proposed Rules

                                                would improve the data being collected.                 describes the economic impact this                    estimated to receive approximately
                                                The trip notification would be                          proposed rule, if adopted, would have                 $261,000 (2017 dollars) in annual
                                                accomplished using a NMFS-approved                      on small entities. A description of the               revenue.
                                                device, such as the GPS or VMS unit, or                 action, why it is being considered, the                  The Small Business Association has
                                                by other electronic reporting hardware.                 objectives of, and legal basis for this               established size criteria for all major
                                                Public reporting burden to complete the                 action are contained at the beginning of              industry sectors in the U.S., including
                                                proposed trip notification requirement                  this section in the preamble and in the               fish harvesters. A business involved in
                                                is estimated to average 2 minutes per                   SUMMARY section of the preamble. A                    the for-hire fishing industry is classified
                                                trip.                                                   copy of the full analysis is available                as a small business if it is independently
                                                                                                        from NMFS (see ADDRESSES). A                          owned and operated, is not dominant in
                                                Other Electronic Reporting Programs                                                                           its field of operation (including its
                                                                                                        summary of the IRFA follows.
                                                   In April 2018, NMFS published a                         The Magnuson-Stevens Act provides                  affiliates), and has combined annual
                                                proposed rule in the Federal Register to                the statutory basis for this proposed                 receipts not in excess of $7.5 million
                                                implement electronic reporting                          rule. No duplicative, overlapping, or                 (NAICS code 487210, for-hire
                                                requirements contained in the South                     conflicting Federal rules have been                   businesses) for all its affiliated
                                                Atlantic For-Hire Reporting Amendment                   identified.                                           operations worldwide. All for-hire
                                                applicable to the for-hire component of                    This proposed rule would apply to all              businesses expected to be directly
                                                recreational fisheries in the South                     vessels with a Federal charter vessel/                affected by this proposed rule are
                                                Atlantic Council’s jurisdiction (83 FR                  headboat permit for Gulf reef fish or                 believed to be small business entities.
                                                14400, April 4, 2018). NMFS approved                    Gulf CMP species. In 2017, there were                    NMFS has not identified any other
                                                the South Atlantic For-Hire Reporting                   1,376 vessels with at least one valid                 small entities that might be directly
                                                Amendment on June 11, 2018. Under                       (non-expired) or renewable Federal                    affected by this proposed rule.
                                                the South Atlantic reporting program,                   charter vessel/headboat permit for Gulf                  This proposed rule would require an
                                                an owner or operator of a for-hire vessel               reef fish or Gulf CMP species, including              owner or operator of a federally
                                                issued a Federal charter vessel/headboat                historical captain permits. These Gulf                permitted charter vessel or headboat to
                                                permit for species managed under the                    charter vessel/headboat permits are                   submit an electronic fishing report to
                                                FMPs for CMP (in the Atlantic), Atlantic                limited access permits. More than one                 NMFS for each trip via NMFS-approved
                                                Dolphin and Wahoo, or South Atlantic                    type of Federal charter vessel/headboat               hardware and software, prior to
                                                Snapper-Grouper, and is operating as a                  permit has been issued to most for-hire               offloading fish from the vessel. NMFS
                                                for-hire vessel, would have to submit an                vessels. Among the 1,376 vessels with at              does not expect the submission of an
                                                electronic fishing report using NMFS-                   least one Gulf charter vessel/headboat                electronic fishing report to require
                                                approved hardware and software on a                     permit, in 2017, 1,259 for-hire vessels               special professional skills. The use of
                                                weekly basis. However, the South                        had Federal permits for both Gulf reef                computers, the internet, smartphones, or
                                                Atlantic Council’s intent is to prevent                 fish and Gulf CMP species, 52 had only                other forms of electronic connections
                                                multiple reporting by allowing the                      a Gulf reef fish permit, and 65 had only              and communication is commonplace in
                                                owner or operator of a vessel with                      a Gulf CMP permit. Additionally, 172 of               the business environment. All headboat
                                                numerous Federal for-hire permits to                    these vessels had a Gulf commercial reef              operators have been required to submit
                                                fulfill the South Atlantic requirements                 fish permit. Finally, 377 of the vessels              electronic reports since January 2014
                                                by submitting reports under other                       with at least one Gulf charter vessel/                and are expected to be proficient with
                                                programs, if those reporting                            headboat permit had at least one charter              electronic reporting. As a result, NMFS
                                                requirements are more stringent.                        vessel/headboat permit for Atlantic                   expects all affected headboat businesses
                                                Therefore, an owner or operator of a for-               CMP species, Atlantic dolphin and                     to already have staff with the
                                                hire vessel with a Federal charter                      wahoo, or South Atlantic snapper-                     appropriate skills to meet the proposed
                                                vessel/headboat permit for an applicable                grouper species.                                      change in the timing of report
                                                fishery managed by the South Atlantic                      Although the charter vessel/headboat               submissions. However, charter vessel
                                                Council, who would be required to                       permit application for Gulf reef fish or              operators have not been subject to
                                                report under the proposed Gulf                          Gulf CMP species collects information                 mandatory electronic reporting of
                                                electronic reporting system, would not                  on the primary method of operation, the               fishing activity and, therefore, may lack
                                                also need to report under the South                     permit itself does not identify the                   experience reporting such, beyond the
                                                Atlantic’s program.                                     permitted vessel as either a charter                  collection and compilation of similar
                                                                                                        vessel or a headboat, and vessels may                 information for their own business
                                                Classification                                          operate in both capacities on different               management purposes. As a result,
                                                   Pursuant to section 304(b)(1)(A) of the              trips. However, if a for-hire vessel meets            although NMFS does not expect the
                                                Magnuson-Stevens Act, the NMFS                          the selection criteria used by the SRHS               information required to be reported to
                                                Assistant Administrator has determined                  and is selected to report by the SRD of               be complex or substantially beyond that
                                                that this proposed rule is consistent                   the SEFSC, it is considered to operate                necessary to meet the record-keeping
                                                with the Gulf For-hire Reporting                        primarily as a headboat and is required               needs of normal fishing business
                                                Amendment, the respective FMPs, other                   to submit catch and effort information to             operational purposes, these operators
                                                provisions of the Magnuson-Stevens                      the SRHS. As of February 2017, there                  may need some time to become
                                                Act, and other applicable laws, subject                 were 73 Gulf headboats that participate               proficient in the reporting requirements.
                                                to further consideration after public                   in the SRHS. As a result, the estimated               The hiring of new employees with
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                                                comment.                                                1,376 for-hire vessels that may be                    specialized skills, however, should not
                                                   This proposed rule has been                          affected by this proposed rule are                    be necessary.
                                                determined to be not significant for                    expected to consist of approximately                     While no conflicting Federal rules
                                                purposes of Executive Order 12866.                      1,303 charter vessels and 73 headboats.               have been identified, an estimated 377
                                                   NMFS prepared an initial regulatory                  The average charter vessel operating in               vessels have Federal permits to harvest
                                                flexibility analysis (IRFA) for this                    the Gulf is estimated to receive                      species managed by both the Gulf
                                                proposed rule, as required by section                   approximately $86,000 (2017 dollars) in               Council and the South Atlantic Council.
                                                603 of the RFA (5 U.S.C. 603). The IRFA                 annual revenue. The average headboat is               Among these 377 vessels, approximately


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                                                                        Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Proposed Rules                                          54073

                                                138 primarily operate as headboats.                     headboat trips are half-day trips, this               number of trips and passengers a vessel
                                                NMFS has published a proposed rule to                   proposed rule could require multiple                  takes, the services for-hire vessels sell
                                                require electronic reporting for owners                 submissions in a single day. Electronic               require reasonable levels of fishing
                                                and operators of federally permitted                    reporting is estimated to take                        success. Thus, records of what species
                                                charter vessels in the South Atlantic and               approximately 10 minutes per trip,                    a vessel catches, where they are caught,
                                                modify the reporting deadline for                       which is the time burden that is                      the time of the year they are caught, and
                                                owners and operators of headboats. In                   approximately equivalent to that of the               how these change over time are vital to
                                                order to reduce multiple reporting, the                 current headboat reporting                            managing a successful business. As a
                                                South Atlantic Council would accept, as                 requirements. However, the proposed                   result, the information that is expected
                                                fulfillment of the requirements of their                rule would provide less flexibility to                to be required under the proposed
                                                proposed reporting program, reports                     headboats in terms of how and when to                 electronic reporting should be
                                                submitted under other programs, if the                  allocate labor resources for reporting.               substantially duplicative of information
                                                reporting requirements in those other                   NMFS expects that the time and labor                  already recorded by these businesses
                                                programs are more stringent than those                  associated with filing these reports                  and should augment their ability to
                                                proposed by the South Atlantic Council                  would be borne by existing vessel                     monitor and adjust their fishing
                                                and meet the core data elements                         personnel and would not represent the                 practices, supporting more successful
                                                identified by the South Atlantic                        need for additional staff. However, it                operations.
                                                Council. Because NMFS expects the                       would necessitate that vessel personnel,                 Additionally, this proposed rule
                                                reporting requirements under this                       as opposed to onshore support staff,                  would require that, prior to departing
                                                proposed rule to meet these criteria, an                complete the reports. There would be an               for any trip, the owner or operator of a
                                                owner or operator of a for-hire vessel                  opportunity cost associated with                      vessel issued a charter vessel/headboat
                                                that has both Gulf and South Atlantic                   redirecting effort from normal trip                   permit for Gulf reef fish or Gulf CMP
                                                charter vessel/headboat permits and that                operations to the report submission                   species to notify NMFS, report the
                                                is required to submit electronic reports                process. Reports could be completed                   vessel identification number, and
                                                under this proposed rule would not be                   during transit back to port or within                 declare the type of trip (e.g., for-hire or
                                                required to also report under the South                 normal business activities, once the                  other trip). When departing on a for-hire
                                                Atlantic Council’s proposed for-hire                    vessel is tied up to the dock. NMFS                   trip they would also need to report the
                                                electronic reporting program. However,                  expects that each business would adopt                expected return time, date, and landing
                                                owners or operators of for-hire vessels                 the strategy most efficient to its staffing           location. NMFS expects that the
                                                that possess a Gulf reef fish or Gulf CMP               and operational characteristics, thus                 technology cost to for-hire businesses
                                                permit may also possess one or more                     minimizing any resultant implicit or                  associated with the trip notification
                                                Federal for-hire permits to harvest                     explicit costs. These costs cannot be                 system would be minimal. For the sake
                                                species managed by other regional                       estimated with available data.                        of comparison, the trip notification
                                                fishery management councils. It is                                                                            system designed by NMFS for
                                                                                                           Because electronic reporting has been              commercial Gulf Reef Fish permit
                                                unknown how many vessels currently
                                                                                                        a requirement for headboat owners and                 holders allows for low cost submission
                                                fit this description; however, the
                                                number is expected to be small. A vessel                operators for the past 3 years, the labor             of trip notification reports, either
                                                with Federal for-hire permits in other                  and costs associated with reporting have              utilizing a toll-free number or existing
                                                regions would also have to comply with                  been internalized within each headboat                vessel monitoring system (VMS)
                                                any applicable reporting requirements                   business. For charter vessel owners, if               equipment. Although the trip
                                                under those permits.                                    treated as a new and distinct explicit                notification requirement would be an
                                                   NMFS expects this proposed rule, if                  labor cost, the annual reporting burden               additional burden on for-hire vessel
                                                implemented, to directly affect an                      is estimated to cost approximately                    operators’ time, the opportunity cost of
                                                estimated 1,376 for-hire vessels that                   $340,000 to $1.73 million (2017 dollars)              complying with such would be expected
                                                possess a Federal permit necessary to                   in total, or $244 to $1,259 per vessel on             to be low, because of the limited amount
                                                fish for Gulf reef fish or Gulf CMP                     average. These are upper bound cost                   of information that would need to be
                                                species. Because all entities expected to               estimates and would be equivalent to                  submitted to NMFS. NMFS estimates
                                                be affected by this proposed rule are                   1.5 percent or less of average annual                 that a trip notification would require 2
                                                small entities, NMFS has determined                     charter vessel revenue. However, as                   minutes to complete.
                                                that this proposed rule would affect a                  previously stated, the reporting burden                  Finally, the proposed rule would
                                                substantial number of small entities.                   would likely be absorbed by existing                  require that these vessel owners or
                                                Moreover, the issue of disproportionate                 vessel personnel, and therefore, labor                operators use NMFS-approved hardware
                                                effects on small versus large entities                  costs would likely be less. Some of the               and software with GPS capabilities that,
                                                does not arise in the present case.                     effort to complete the proposed                       at a minimum, archive vessel position
                                                   This proposed rule would require that                electronic fishing reports may be                     data during a trip for subsequent
                                                the owner or operator of a charter vessel               redirected from current operational                   transmission to NMFS. NMFS estimates
                                                or headboat for which a charter vessel/                 activities, such as normal trip record-               that if it is necessary to submit separate
                                                headboat permit for Gulf reef fish or                   keeping that a vessel completes for                   trip and location reports, estimated at 10
                                                Gulf CMP species has been issued to                     standard business purposes. The                       and 2 minutes, respectively, due to
                                                submit fishing reports to NMFS for each                 information that would be required                    hardware or software configurations on
                                                trip via electronic reporting. These                    under electronic reporting would be                   a vessel, the time burden could be up to
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                                                submissions would need to be made                       accessible to the reporting vessel and,               12 minutes per trip. The GPS portion of
                                                prior to offloading fish using NMFS-                    therefore, would satisfy reporting                    the hardware would need to be
                                                approved hardware and software. If no                   obligations and support business                      permanently affixed to the vessel and
                                                fish are retained on a for-hire trip, the               operations. In effect, the electronic                 have uninterrupted power, unless the
                                                report would have to be submitted                       reporting system may serve as the                     owner or operator applies for and is
                                                within 30 minutes of arriving at the                    record repository for this component of               granted a power-down exemption.
                                                dock, following the conclusion of the                   a vessel’s business records. In addition                 In addition to the total burden on
                                                trip. Because the majority of charter and               to the need to maintain records on the                vessel operators’ time, estimated at up


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                                                54074                   Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Proposed Rules

                                                to 14 minutes per trip, as discussed                    and accurate estimates of effort,                     reporting requirements for federally
                                                earlier, examples of costs borne by the                 landings, and discards.                               permitted headboats. This would not be
                                                for-hire fleet may include the purchase                    The second alternative would require               expected to alter for-hire business costs
                                                and installation costs of the approved                  that the owner or operator of a charter               relative to the status quo, so no direct
                                                hardware units and associated service                   vessel for which a charter vessel/                    economic effects to small entities would
                                                charges. Cost estimates to the for-hire                 headboat permit for Gulf reef fish or                 be expected to occur. This alternative
                                                industry were generated for several                     Gulf CMP species has been issued to                   was not selected by the Gulf Council
                                                general options including a tablet-based                submit fishing reports to the SRD                     because it would forgo important
                                                system, a handheld GPS, and a                           weekly, or at intervals shorter than a                biological, economic, and social benefits
                                                smartphone-based system, where the                      week if notified by the SRD, via                      from improved management as afforded
                                                smartphone is hardwired to a vessel’s                   electronic reporting using NMFS-                      by more timely and accurate estimates
                                                GPS. If a vessel does not already have                  approved hardware and software. Under                 of effort, landings, and discards.
                                                an approved type of hardware, the                       this alternative, reports would need to                  The second alternative would require
                                                estimated startup costs for each affected               be filed by Tuesday following each                    that the owner or operator of a headboat
                                                vessel under the options listed above                   reporting week. Although this                         for which a charter vessel/headboat
                                                would range from $150 to $450 in the                    alternative could result in additional                permit for Gulf reef fish or Gulf CMP
                                                year of implementation. These costs                     implicit or explicit costs to affected                species has been issued submit fishing
                                                would be equivalent to less than 1                      vessels relative to the status quo, it                reports to the SRD weekly, or at
                                                percent of average annual charter vessel                would be less burdensome than this                    intervals shorter than a week if notified
                                                or headboat revenue. The recurring                      proposed rule, because charter vessels                by the SRD, via electronic reporting
                                                annual cost in subsequent years was                     would have a longer period of time to                 using NMFS-approved hardware and
                                                estimated to be approximately $20 per                   report and more flexibility in terms of               software. Under this alternative, reports
                                                vessel. These estimates assume that for-                when and how to report. This                          would need to be filed by Tuesday
                                                hire vessels already have a basic data                  alternative would be less likely than the             following each reporting week, which is
                                                plan through a wireless service                         proposed rule to interfere with normal                5 days sooner than under the status quo.
                                                provider. Some vessels may be more or                   operations during charter trips and                   Although this alternative could result in
                                                less affected than others by the                        would allow for onshore support staff                 additional implicit or explicit costs to
                                                proposed rule depending on their                        assistance, as well potentially cheaper               affected vessels relative to the status
                                                existing technology assets and data                     data transmission methods (e.g., via a                quo, it would be less burdensome than
                                                service plans at the time of                            personal computer or laptop connected                 this proposed rule, because headboats
                                                implementation, as well as the                          to the internet). This alternative was not            would have a longer period of time to
                                                availability of wireless service coverage               selected by the Gulf Council because it               report and more flexibility in terms of
                                                at their port of landing. For the affected              would result in less timely data, as well             when and how to report. This
                                                vessels that currently do not have any                  as potentially less accurate data, due to             alternative would be less likely to
                                                wireless carrier contract, the estimated                a lack of dockside validation and greater             interfere with normal operations during
                                                additional cost for an unlimited data                   potential for recall bias.                            headboat trips and would allow for
                                                                                                           The third alternative would require                onshore support staff assistance, as well
                                                plan would range from approximately
                                                                                                        that the owner or operator of a charter               potentially cheaper data transmission
                                                $60 to $100 per month. This is an upper
                                                                                                        vessel for which a charter vessel/                    methods (e.g., via a personal computer
                                                bound estimate based on advertised
                                                                                                        headboat permit for Gulf reef fish or                 or laptop connected to the internet).
                                                rates from four major wireless service
                                                                                                        Gulf CMP species has been issued to                   This alternative was not selected by the
                                                providers in 2017 and cheaper plans                     submit fishing reports to the SRD daily               Council because it would result in less
                                                would likely be available. Because                      via electronic reporting using NMFS-                  timely data, as well as potentially less
                                                details of the NMFS-approved hardware                   approved hardware and software. Under                 accurate data, due to a lack of dockside
                                                and software have not yet been                          this alternative, reports would need to               validation and greater potential for
                                                determined, all cost estimates provided                 be filed by noon (local time) of the                  recall bias.
                                                here are subject to change and could go                 following day. The costs of this                         The third alternative would require
                                                up or down based on the technology                      alternative to affected small entities, in            that the owner or operator of a headboat
                                                that NMFS ultimately approves and the                   terms of magnitude, would likely fall                 for which a charter vessel/headboat
                                                data that are required to be reported.                  between those of the second alternative               permit for Gulf reef fish or Gulf CMP
                                                   The following discussion describes                   and those of this proposed rule. There                species has been issued submit fishing
                                                the alternatives that were not selected as              would be less flexibility than under the              reports to the SRD daily via electronic
                                                preferred by the Gulf Council.                          second alternative in terms of when                   reporting using NMFS-approved
                                                   Four alternatives were considered for                reports are filed; however, it would still            hardware and software. Under this
                                                the action to modify the frequency and                  be possible to utilize onshore support                alternative, reports would need to be
                                                mechanism of data reporting for charter                 staff and technology resources to meet                filed by noon (local time) of the
                                                vessels. The first alternative, the no-                 the requirements. Even though the data                following day. The costs of this
                                                action alternative, would retain current                would be timelier under daily reporting               alternative to affected small entities, in
                                                reporting requirements for federally                    than weekly reporting, and recall bias                terms of magnitude, would likely fall
                                                permitted charter vessels. This would                   would likely be lower, the Gulf Council               between those of the second alternative
                                                not be expected to alter for-hire business              did not select this alternative because               and those of this proposed rule. There
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                                                costs relative to the status quo, so no                 the lack of dockside validation would                 would be less flexibility than under the
                                                direct economic effects to small entities               still be a major drawback in ensuring                 second alternative in terms of when
                                                would be expected to occur. This                        high quality and accurate data.                       reports are filed; however, it would still
                                                alternative was not selected by the Gulf                   Four alternatives were considered for              be possible to utilize onshore support
                                                Council because it would forgo                          the action to modify the frequency and                staff and technology resources to meet
                                                important biological, economic, and                     mechanism of data reporting for                       the requirements. Even though the data
                                                social benefits from improved                           headboats. The first alternative, the no-             would be timelier under daily reporting
                                                management as afforded by more timely                   action alternative, would retain current              than weekly reporting and recall bias


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                                                                        Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Proposed Rules                                         54075

                                                would likely be lower, the Council did                     The second alternative and two                     unit would range from $2,500 to $4,400
                                                not select this alternative because the                 options were selected as preferred and                in the year of implementation. This
                                                lack of dockside validation would still                 would require charter vessel and                      would be equivalent to approximately 3
                                                be a major drawback in ensuring high                    headboat owners or operators to submit                to 5 percent of average annual charter
                                                quality and accurate data.                              fishing reports via NMFS-approved                     vessel revenue and 1 to 2 percent of
                                                   Three alternatives were considered for               hardware and software. Under this                     average annual headboat revenue. The
                                                the action to implement trip notification               preferred alternative and options, a for-             recurring annual cost associated with
                                                requirements for federally permitted                    hire vessel owner or operator would                   maintaining and operating VMS
                                                charter vessels and headboats. The first                also be required to use NMFS-approved                 hardware and software in subsequent
                                                alternative, the no-action alternative,                 hardware and software with GPS                        years was estimated to be approximately
                                                would maintain current reporting                        capabilities that, at a minimum, archive              $750 per vessel. The fourth alternative
                                                requirements for for-hire vessels and                   vessel position data during a trip. The               was not selected by the Council,
                                                would not require trip declarations or                  GPS portion of the hardware would                     because the estimated startup and
                                                landing notifications. Therefore, it                    need to be permanently affixed to the                 recurring costs to the industry were
                                                would not be expected to result in any                  vessel.                                               much higher than those of the preferred
                                                direct economic effects on any small                       The third alternative would require                alternative.
                                                entities. The Gulf Council did not select               for-hire vessel owners or operators to                   This proposed rule contains
                                                the first alternative because it would not              submit fishing reports via NMFS-                      collection-of-information requirements
                                                satisfy the data needs required for                     approved hardware and software with                   subject to review and approval by the
                                                dockside validation and would not aid                   GPS capabilities that, at a minimum,                  Office of Management and Budget
                                                in enforcement. The second alternative                  provide real-time vessel position data to             (OMB) under the Paperwork Reduction
                                                and two options were selected as                        NMFS. The GPS portion of the hardware                 Act (PRA). These proposed
                                                preferred, and would require that both                  would need to be permanently affixed to               requirements have been submitted to
                                                federally permitted charter vessels and                 the vessel. The third alternative                     OMB for approval. NMFS is proposing
                                                headboats submit trip declarations to                   contained two options. The first and                  to revise the collection-of-information
                                                NMFS prior to departing on any trip.                    second options would require federally                requirements under OMB Control
                                                The third alternative would require that                permitted charter vessels and headboats,              Number 0648–0016, Southeast Region
                                                prior to arriving at the dock at the end                respectively, to comply with the                      Logbook Family of Forms. The proposed
                                                                                                        hardware and software requirements of                 rule would require owners or operators
                                                of each for-hire trip, the owner or
                                                                                                        the third alternative. The estimated                  of vessels with Federal charter vessel/
                                                operator of a vessel for which a Federal
                                                                                                        startup costs for each affected for-hire              headboat permits for Gulf reef fish or
                                                charter vessel/headboat permit for Gulf
                                                                                                        vessel under the third alternative and                Gulf CMP species, and when operating
                                                reef fish or Gulf CMP species has been
                                                                                                        two options would total approximately                 as such, to submit an electronic fishing
                                                issued to provide a landing notification
                                                                                                        $300 in the year of implementation,                   report to NMFS for each trip via NMFS-
                                                and submit fishing reports via NMFS-
                                                                                                        which falls within the estimated startup              approved hardware and software, prior
                                                approved hardware and software. The
                                                                                                        cost range for this proposed rule. The                to offloading fish from the vessel. Public
                                                third alternative contained two options.
                                                                                                        recurring annual service cost associated              reporting burden for the proposed
                                                The first and second options would
                                                                                                        with the transmission of real-time                    requirements are estimated to average 2
                                                require federally permitted charter                     location data in subsequent years would               minutes to complete the trip
                                                vessels and headboats, respectively, to                 be approximately $200 per vessel,                     notification, 10 minutes per electronic
                                                comply with the landing notification                    which is greater than the recurring cost              fishing report, and, if separate from the
                                                requirement. The Gulf Council did not                   associated with this proposed rule. As                fishing report, 2 minutes to report
                                                select the third alternative because                    discussed earlier, these estimates                    location information. NMFS estimates a
                                                requiring vessels to provide a landing                  assume for-hire vessels have existing                 GPS or VMS power-down exemption
                                                notification and submit fishing reports                 wireless service contracts and sufficient             request would require an average of 5
                                                prior to arriving at the dock is not                    data plans for submitting electronic                  minutes to complete per occurrence.
                                                necessary with the preferred reporting                  fishing reports to NMFS. If that is not               These estimates include the time for
                                                alternatives, which require fishing                     the case, for-hire vessels may incur                  reviewing instructions, searching
                                                reports be submitted at the end of each                 additional expenses in the range of $60               existing data sources, gathering and
                                                trip.                                                   to $100 per month. The third alternative              maintaining the necessary data, and
                                                   Four alternatives were considered for                was not selected by the Gulf Council                  compiling, reviewing, and submitting
                                                the action to implement hardware and                    because of the higher estimated                       the information to be collected.
                                                software requirements for reporting. The                recurring costs to industry.                             Public comment is sought regarding:
                                                first alternative, the no-action                           The fourth alternative would require               whether this proposed collection of
                                                alternative, would not change current                   for-hire vessel owners or operators to                information is necessary for the proper
                                                reporting requirements for for-hire                     submit fishing reports via NMFS-                      performance of the functions of the
                                                vessels. Therefore, it would not be                     approved hardware and software that                   agency, including whether the
                                                expected to result in any direct                        provide vessel position data to NMFS                  information will have practical utility;
                                                economic effects on any small entities.                 via VMS. The antenna and junction box                 the accuracy of the burden estimate;
                                                This alternative was not selected by the                would need to be permanently affixed to               ways to enhance the quality, utility, and
                                                Gulf Council because there is currently                 the vessel. The fourth alternative                    clarity of the information to be
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                                                no reporting platform for charter                       contained two options. The first and                  collected; and ways to minimize the
                                                vessels, and therefore, no means by                     second options would require federally                burden of the collection of information,
                                                which charter vessels would be able to                  permitted charter vessels and headboats,              including through the use of automated
                                                submit electronic reports. Additionally,                respectively, to comply with the                      collection techniques or other forms of
                                                this alternative would not allow for the                hardware and software requirements of                 information technology. Send comments
                                                same level of trip validation, because it               the fourth alternative. The estimated                 on these or any other aspects of the
                                                would not require GPS unit hardware to                  startup costs for each affected vessel to             collection of information to the
                                                be permanently affixed to the vessel.                   purchase, install, and operate a VMS                  Southeast Regional Office at the


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                                                54076                   Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Proposed Rules

                                                ADDRESSES above, and by email to                        SRD for each trip within the time period              which a charter vessel/headboat permit
                                                OIRA_Submission@omb.eop.gov or fax                      specified in paragraph (b)(2) of this                 for Gulf reef fish has been issued must
                                                to 202–395–5806.                                        section. The electronic fishing report                submit electronic reports using NMFS-
                                                  Notwithstanding any other provision                   must be submitted to the SRD via NMFS                 approved hardware and software with a
                                                of the law, no person is required to                    approved hardware and software, as                    minimum capability of archiving GPS
                                                respond to, and no person will be                       specified in paragraph (b)(5) of this                 locations. The GPS portion of the
                                                subject to penalty for failure to comply                section.                                              hardware must be permanently affixed
                                                with, a collection of information subject                  (2) Reporting deadlines. Completed                 to the vessel and have uninterrupted
                                                to the requirements of the PRA, unless                  electronic fishing reports required by                operation.
                                                that collection of information displays a               paragraph (b)(1) of this section must be                (i) Use of a NMFS-approved VMS. An
                                                currently valid OMB control number.                     submitted to the SRD prior to removing                owner or operator of a vessel for which
                                                All currently approved collections of                   any fish from the vessel. If no fish were             a charter vessel/headboat permit for
                                                information may be viewed at http://                    retained by any person on the vessel                  Gulf reef fish has been issued, and who
                                                www.cio.noaa.gov/services_programs/                     during a trip, the completed electronic               uses a NMFS-approved VMS to comply
                                                prasubs.html.                                           fishing report must be submitted to the               with the reporting and recordkeeping
                                                                                                        SRD within 30 minutes of the                          requirements of this section, must
                                                List of Subjects in 50 CFR Part 622                     completion of the trip, e.g., arrival at the          adhere to the VMS requirements
                                                  Atlantic, Charter vessel, Cobia,                      dock.                                                 specified in § 622.28, except for the trip
                                                Fisheries, Fishing, Gulf of Mexico,                        (3) Catastrophic conditions. During                notification requirements specified in
                                                Headboat, King mackerel,                                catastrophic conditions only, NMFS                    § 622.28(e). For trip notification
                                                Recordkeeping and reporting, Reef fish,                 provides for use of paper forms for basic             requirements, see paragraph (b)(6) of
                                                South Atlantic, Spanish mackerel.                       required functions as a backup to the                 this section.
                                                                                                        electronic reports required by paragraph                (ii) Use of other NMFS-approved
                                                  Dated: October 22, 2018.
                                                                                                        (b) of this section. The RA will                      hardware and software. An owner or
                                                Samuel D. Rauch III,
                                                                                                        determine when catastrophic conditions                operator of a vessel for which a charter
                                                Deputy Assistant Administrator for                      exist, the duration of the catastrophic               vessel/headboat permit for Gulf reef fish
                                                Regulatory Programs, National Marine                    conditions, and which participants or                 has been issued, and who uses NMFS-
                                                Fisheries Service.
                                                                                                        geographic areas are deemed affected by               approved hardware and software other
                                                  For the reasons set out in the                        the catastrophic conditions. The RA will              than a VMS to comply with the
                                                preamble, 50 CFR part 622 is proposed                   provide timely notice to affected                     reporting and recordkeeping
                                                to be amended as follows:                               participants via publication of                       requirements of this section must
                                                                                                        notification in the Federal Register, and             comply with the following—
                                                PART 622—FISHERIES OF THE                               other appropriate means, such as fishery                (A) Ensure that such vessel has an
                                                CARIBBEAN, GULF OF MEXICO, AND                          bulletins or NOAA weather radio, and                  operating GPS unit approved by NMFS
                                                SOUTH ATLANTIC                                          will authorize the affected participants’             on board at all times whether or not the
                                                                                                        use of paper forms for the duration of                vessel is underway, unless exempted by
                                                ■ 1. The authority citation for part 622                                                                      NMFS under the power-down
                                                                                                        the catastrophic conditions. The paper
                                                continues to read as follows:                                                                                 exemptions specified in paragraph
                                                                                                        forms will be available from NMFS.
                                                    Authority: 16 U.S.C. 1801 et seq.                   During catastrophic conditions, the RA                (b)(5)(iii)(D) of this section. An
                                                ■ 2. In § 622.20, revise paragraph                      has the authority to waive or modify                  operating GPS unit includes an
                                                (b)(1)(ii)(A)(2) to read as follows:                    reporting time requirements.                          operating mobile transmitting unit on
                                                                                                           (4) Compliance requirement.                        the vessel and a functioning
                                                § 622.20    Permits and endorsements.                   Electronic reports required by paragraph              communication link between the unit
                                                *      *    *      *    *                               (b)(1) of this section must be submitted              and NMFS as provided by a NMFS-
                                                  (b) * * *                                             and received by NMFS according to the                 approved communication service
                                                  (1) * * *                                             reporting requirements under this                     provider. NMFS maintains a current list
                                                  (ii) * * *                                            section. A report not received within the             of approved GPS units and
                                                  (A) * * *                                             applicable time specified in paragraph                communication providers, which is
                                                  (2) Charter vessel and headboat                       (b)(2) of this section is delinquent. A               available at https://
                                                recordkeeping and reporting                             delinquent report automatically results               www.fisheries.noaa.gov/southeast/
                                                requirements specified in § 622.26(b);                  in the owner and operator of a charter                about-us/sustainable-fisheries-division-
                                                *      *    *      *    *                               vessel or headboat for which a charter                gulf-mexico-branch. If NMFS removes a
                                                ■ 3. In § 622.26, revise paragraph (b) to               vessel/headboat permit for Gulf reef fish             GPS unit from the approved list, a
                                                read as follows:                                        has been issued being prohibited from                 vessel owner who purchased and
                                                                                                        harvesting or possessing such species,                installed such a GPS unit prior to its
                                                § 622.26    Recordkeeping and reporting.                regardless of any additional notification             removal from the approved list will still
                                                *      *     *    *     *                               to the delinquent owner and operator by               comply with the requirement to have an
                                                  (b) Charter vessel/headboat owners                    NMFS. The owner and operator who are                  approved unit, unless otherwise notified
                                                and operators—(1) General reporting                     prohibited from harvesting or                         by NMFS. At the end of a GPS unit’s
                                                requirement—The owner or operator of                    possessing such species due to                        service life, it must be replaced with a
                                                a charter vessel or headboat for which                  delinquent reports are authorized to                  currently approved unit.
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                                                a charter vessel/headboat permit for                    harvest or possess such species only                    (B) Hourly position reporting
                                                Gulf reef fish has been issued, as                      after all required and delinquent reports             requirement. An owner or operator of a
                                                required under § 622.20(b), and whose                   have been submitted and received by                   vessel using a NMFS-approved GPS unit
                                                vessel is operating as a charter vessel or              NMFS according to the reporting                       as specified in paragraph (b)(5)(iii)(A) of
                                                headboat, regardless of fishing location,               requirements under this section.                      this section must ensure that the
                                                must submit an electronic fishing report                   (5) Hardware and software                          required GPS unit archives the vessel’s
                                                of all fish harvested and discarded, and                requirements for electronic reporting.                accurate position at least once per hour,
                                                any other information requested by the                  The owner or operator of a vessel for                 24 hours a day, every day of the year,


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                                                                        Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Proposed Rules                                          54077

                                                unless exempted from this requirement                      (1) Follow procedures indicated on                 recordkeeping and reporting
                                                under paragraphs (b)(5)(iii)(C) or (D) of               the GPS installation and activation                   requirements specified in § 622.374(b).
                                                this section.                                           form, which is available from NMFS;                   *     *     *     *     *
                                                   (C) In-port exemption. While in port,                and                                                   ■ 5. In § 622.374, revise paragraph (b) to
                                                an owner or operator of a vessel with a                    (2) Submit a completed and signed                  read as follows:
                                                type-approved GPS unit configured with                  GPS installation and activation form to
                                                the 4-hour position reporting feature                                                                         § 622.374   Recordkeeping and reporting.
                                                                                                        NMFS as specified on the form.
                                                may utilize the 4-hour reporting feature                                                                      *       *    *      *    *
                                                                                                           (F) Interference with the GPS. No                     (b) Charter vessel/headboat owners
                                                rather than comply with the hourly                      person may interfere with, tamper with,
                                                position reporting requirement specified                                                                      and operators—(1) General reporting
                                                                                                        alter, damage, disable, or impede the                 requirement—(i) Gulf of Mexico. The
                                                in paragraph (b)(5)(iii)(B) of this section.            operation of the GPS, or attempt any of
                                                Once the vessel is no longer in port, the                                                                     owner or operator of a charter vessel or
                                                                                                        the same.                                             headboat for which a charter vessel/
                                                hourly position reporting requirement
                                                specified in paragraph (b)(5)(ii)(B) of                    (G) Interruption of operation of the               headboat permit for Gulf coastal
                                                this section applies. For the purposes of               GPS. When a vessel’s GPS is not                       migratory pelagic fish has been issued,
                                                this section, ‘‘in port’’ means secured at              operating properly or if notified by                  as required under § 622.370(b)(1), and
                                                a land-based facility, or moored or                     NMFS that a vessel’s GPS is not                       whose vessel is operating as a charter
                                                anchored after the return to a dock,                    operating properly, the vessel owner or               vessel or headboat, regardless of fishing
                                                berth, beach, seawall, or ramp.                         operator must immediately contact                     location, must submit an electronic
                                                                                                        NMFS and follow NMFS’ instructions.                   fishing report of all fish harvested and
                                                   (D) Power-down exemptions. An
                                                                                                        In either event, such instructions may                discarded, and any other information
                                                owner or operator of a vessel subject to
                                                                                                        include, but are not limited to, manually             requested by the SRD for each trip
                                                the requirement to have a GPS unit
                                                                                                        communicating to a location designated                within the time period specified in
                                                operating at all times as specified in
                                                                                                        by NMFS the vessel’s positions, or                    paragraph (b)(2)(i) of this section. An
                                                paragraph (b)(5)(ii)(A) of this section
                                                                                                        returning to port until the GPS is                    electronic fishing report must be
                                                can be exempted from that requirement
                                                                                                        operable.                                             submitted to the SRD via NMFS
                                                and may power down the required GPS
                                                                                                           (iii) Access to position data. As a                approved hardware and software, as
                                                unit if—
                                                                                                        condition of authorized fishing for or                specified in paragraph (b)(5) of this
                                                   (1) The vessel will be continuously
                                                                                                        possession of Gulf reef fish subject to               section.
                                                out of the water or in port, as defined                                                                          (ii) Atlantic headboats. The owner or
                                                in paragraph (b)(5)(ii)(C) of this section,             the reporting and recordkeeping
                                                                                                        requirements in this section, a vessel                operator of a headboat for which a
                                                for more than 72 consecutive hours;                                                                           charter vessel/headboat permit for
                                                   (2) The owner or operator of the                     owner or operator subject to the
                                                                                                        hardware and software requirements in                 Atlantic coastal migratory pelagic fish
                                                vessel applies for and obtains a valid                                                                        has been issued, as required under
                                                letter of exemption from NMFS. The                      this section must allow NMFS, the U.S.
                                                                                                        Coast Guard, and their authorized                     § 622.370(b)(1), or whose vessel fishes
                                                letter of exemption must be maintained                                                                        for or lands Atlantic coastal migratory
                                                on board the vessel and remains valid                   officers and designees access to the
                                                                                                        vessel’s position data obtained from the              pelagic fish in or from state waters
                                                for the period specified in the letter for                                                                    adjoining the South Atlantic or Mid-
                                                all subsequent power-down requests                      VMS or GPS.
                                                                                                                                                              Atlantic EEZ, who is selected to report
                                                conducted for the vessel consistent with                   (6) Trip notification requirements.                by the SRD must submit an electronic
                                                the provisions of paragraphs                            Prior to departure for each trip, the                 fishing record for each trip of all fish
                                                (b)(5)(ii)(D)(3) and (4) of this section.               owner or operator of a vessel for which               harvested within the time period
                                                   (3) Prior to each power down, the                    a charter vessel/headboat permit for                  specified in paragraph (b)(2)(ii) of this
                                                owner or operator of the vessel files a                 Gulf reef fish has been issued must                   section, via the Southeast Region
                                                report using a NMFS-approved form                       notify NMFS and report the type of trip,              Headboat Survey.
                                                that includes the name of the person                    the U.S. Coast Guard vessel                              (2) Reporting deadlines—(i) Gulf of
                                                filing the report, vessel name, U.S. Coast              documentation number or state vessel                  Mexico. Completed electronic fishing
                                                Guard vessel documentation number or                    registration number, and whether the                  reports required by paragraph (b)(1)(i) of
                                                state vessel registration number, charter               vessel will be operating as a charter                 this section must be submitted to the
                                                vessel/headboat reef fish permit                        vessel or headboat, or is departing on                SRD prior to removing any fish from the
                                                number, vessel port location during GPS                 another type of trip, such as a                       vessel. If no fish were retained by any
                                                power down, estimated duration of the                   commercial trip. If the vessel will be                person on the vessel during a trip, the
                                                power-down exemption, and reason for                    operating as a charter vessel or headboat             completed electronic fishing report
                                                power down; and                                         during the trip, the owner or operator                must be submitted to the SRD within 30
                                                   (4) Prior to powering down the GPS                   must also report the expected trip                    minutes of the completion of the trip,
                                                unit, the owner or operator of the vessel               completion date, time, and landing                    e.g., arrival at the dock.
                                                receives a confirmation from NMFS that                  location.                                                (ii) Atlantic headboats. Electronic
                                                the information was successfully                        *       *    *     *     *                            fishing records required by paragraph
                                                delivered.                                              ■ 4. In § 622.373, revise paragraph (c)(1)            (b)(1)(ii) of this section for headboats
                                                   (E) Installation and activation of a                 to read as follows:                                   must be submitted at weekly intervals
                                                GPS unit. Only a GPS unit that has been                                                                       (or intervals shorter than a week if
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                                                approved by NMFS for the Gulf reef fish                 § 622.373 Limited access system for                   notified by the SRD) by 11:59 p.m., local
                                                fishery may be used, and the GPS unit                   charter vessel/headboat permits for Gulf              time, the Sunday following a reporting
                                                must be installed by a qualified marine                 coastal migratory pelagic fish.                       week. If no fishing activity occurred
                                                electrician. When installing and                        *     *    *     *     *                              during a reporting week, an electronic
                                                activating or when reinstalling and                       (c) * * * (1) Renewal of a charter                  report so stating must be submitted for
                                                reactivating the NMFS-approved GPS                      vessel/headboat permit for Gulf coastal               that reporting week by 11:59 p.m., local
                                                unit, the vessel owner or operator                      migratory pelagic fish is contingent                  time, the Sunday following a reporting
                                                must—                                                   upon compliance with the                              week.


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                                                54078                   Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Proposed Rules

                                                   (3) Catastrophic conditions. During                  vessel and have uninterrupted                         type-approved GPS unit configured with
                                                catastrophic conditions only, NMFS                      operation.                                            the 4-hour position reporting feature
                                                provides for use of paper forms for basic                  (iii) Use of a NMFS-approved VMS.                  may utilize the 4-hour reporting feature
                                                required functions as a backup to the                   An owner or operator of a vessel for                  rather than comply with the hourly
                                                electronic reports required by                          which a charter vessel/headboat permit                position reporting requirement specified
                                                paragraphs (b)(1)(i) and (ii) of this                   for Gulf coastal migratory pelagic fish               in paragraph (b)(5)(iv)(B) of this section.
                                                section. The RA will determine when                     has been issued, and who uses a NMFS-                 Once the vessel is no longer in port, the
                                                catastrophic conditions exist, the                      approved VMS to comply with the                       hourly position reporting requirement
                                                duration of the catastrophic conditions,                reporting and recordkeeping                           specified in paragraph (b)(5)(iv)(B) of
                                                and which participants or geographic                    requirements of this section, must                    this section applies. For the purposes of
                                                areas are deemed affected by the                        adhere to the VMS requirements for the                this section, ‘‘in port’’ means secured at
                                                catastrophic conditions. The RA will                    Gulf reef fish fishery specified in                   a land-based facility, or moored or
                                                provide timely notice to affected                       § 622.28 of this part, except for the trip            anchored after the return to a dock,
                                                participants via publication of                         notification requirements specified in                berth, beach, seawall, or ramp.
                                                notification in the Federal Register, and               § 622.28(e) of this part. For trip                       (D) Power-down exemptions. An
                                                other appropriate means, such as fishery                notification requirements, see paragraph              owner or operator of a vessel subject to
                                                bulletins or NOAA weather radio, and                    (b)(6) of this section.                               the requirement to have a GPS unit
                                                will authorize the affected participants’                  (iv) Use of other NMFS-approved                    operating at all times as specified in
                                                use of paper-based components for the                   hardware and software. An owner or                    paragraph (b)(5)(iv)(A) of this section
                                                duration of the catastrophic conditions.                operator of a vessel for which a charter              can be exempted from that requirement
                                                The paper forms will be available from                  vessel/headboat permit for Gulf coastal               and may power down the required GPS
                                                NMFS. During catastrophic conditions,                   migratory pelagic fish has been issued,               unit if—
                                                the RA has the authority to waive or                    and who uses NMFS-approved                               (1) The vessel will be continuously
                                                modify reporting time requirements.                     hardware and software other than a                    out of the water or in port, as defined
                                                                                                        VMS to comply with reporting and                      in paragraph (b)(5)(iv)(C) of this section,
                                                   (4) Compliance requirement.
                                                                                                        recordkeeping requirements of this                    for more than 72 consecutive hours; and
                                                Electronic reports required by
                                                                                                        section must comply with the
                                                paragraphs (b)(1)(i) and (ii) of this                                                                            (2) The owner or operator of the
                                                                                                        following—
                                                section must be submitted and received                     (A) Ensure that such vessel has an                 vessel applies for and obtains a valid
                                                by NMFS according to the reporting                      operating GPS unit approved by NMFS                   letter of exemption from NMFS. The
                                                requirements under this section. A                      on board at all times whether or not the              letter of exemption must be maintained
                                                report not received within the                          vessel is underway, unless exempted by                on board the vessel and remains valid
                                                applicable time specified in paragraphs                 NMFS under the power-down                             for the period specified in the letter for
                                                (b)(2)(i) or (ii) is delinquent. A                      exemptions specified in paragraph                     all subsequent power-down requests
                                                delinquent report automatically results                 (b)(5)(iv)(D) of this section. An operating           conducted for the vessel consistent with
                                                in the owner and operator of a charter                  GPS unit includes an operating mobile                 the provisions of paragraphs
                                                vessel or headboat for which a charter                  transmitting unit on the vessel and a                 (b)(5)(iv)(D)(3) and (4) of this section.
                                                vessel/headboat permit for Gulf or                      functioning communication link                           (3) Prior to each power down, the
                                                Atlantic coastal migratory pelagic fish                 between the unit and NMFS as provided                 owner or operator of the vessel files a
                                                has been issued, as required under                      by a NMFS-approved communication                      report using a NMFS-approved form
                                                § 622.370(b)(1), being prohibited from                  service provider. NMFS maintains a                    that includes the name of the person
                                                harvesting or possessing such species,                  current list of approved GPS units and                filing the report, vessel name, U.S. Coast
                                                regardless of any additional notification               communication providers, which is                     Guard vessel documentation number or
                                                to the delinquent owner and operator by                 available at https://                                 state vessel registration number, permit
                                                NMFS. The owner and operator who are                    www.fisheries.noaa.gov/southeast/                     number of the Gulf coastal migratory
                                                prohibited from harvesting or                           about-us/sustainable-fisheries-division-              pelagic charter vessel/headboat permit,
                                                possessing such species due to                          gulf-mexico-branch. If NMFS removes a                 vessel port location during GPS power
                                                delinquent reports are authorized to                    GPS unit from the approved list, a                    down, estimated duration of the power-
                                                harvest or possess such species only                    vessel owner who purchased and                        down exemption, and reason for power
                                                after all required and delinquent reports               installed such a GPS unit prior to its                down; and
                                                have been submitted and received by                     removal from the approved list will still                (4) Prior to powering down the GPS
                                                NMFS according to the reporting                         comply with the requirement to have an                unit, the owner or operator of the vessel
                                                requirements under this section.                        approved unit, unless otherwise notified              receives a confirmation from NMFS that
                                                   (5) Hardware and software                            by NMFS. At the end of a GPS unit’s                   the information was successfully
                                                requirements for electronic reporting. (i)              service life, it must be replaced with a              delivered.
                                                An owner or operator of a vessel for                    currently approved unit.                                 (E) Installation and activation of a
                                                which a charter vessel/headboat permit                     (B) Hourly position reporting                      GPS unit. Only a GPS unit that has been
                                                for Gulf or Atlantic coastal migratory                  requirement. An owner or operator of a                approved by NMFS for the Gulf coastal
                                                pelagic fish has been issued must                       vessel using a NMFS-approved GPS unit                 migratory pelagic fishery may be used,
                                                submit electronic reports using NMFS-                   as specified in paragraph (b)(5)(iv)(A) of            and the GPS unit must be installed by
                                                approved hardware and software.                         this section must ensure that the                     a qualified marine electrician. When
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                                                   (ii) For a vessel for which a charter                required GPS unit archives the vessel’s               installing and activating or when
                                                vessel/headboat permit for Gulf coastal                 accurate position at least once per hour,             reinstalling and reactivating the NMFS-
                                                migratory pelagic fish has been issued,                 24 hours a day, every day of the year,                approved GPS unit, the vessel owner or
                                                the NMFS-approved hardware and                          unless exempted from this requirement                 operator must—
                                                software must have a minimum                            under paragraphs (b)(5)(iv)(C) or (D) of                 (1) Follow procedures indicated on
                                                capability of archiving GPS locations,                  this section.                                         the GPS installation and activation
                                                and the GPS portion of the hardware                        (C) In-port exemption. While in port,              form, which is available from NMFS;
                                                must be permanently affixed to the                      an owner or operator of a vessel with a               and


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                                                                        Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Proposed Rules                                              54079

                                                   (2) Submit a completed and signed                    by NMFS the vessel’s positions or                     which a charter vessel/headboat permit
                                                GPS installation and activation form to                 returning to port until the GPS is                    for Gulf coastal migratory pelagic fish
                                                NMFS as specified on the form.                          operable.                                             has been issued must notify NMFS and
                                                   (F) Interference with the GPS. No                      (v) Access to position data. As a                   report the type of trip, the U.S. Coast
                                                person may interfere with, tamper with,                 condition of authorized fishing for or                Guard vessel documentation number or
                                                alter, damage, disable, or impede the                   possession of Gulf coastal migratory                  state vessel registration number, and
                                                operation of the GPS, or attempt any of                 pelagic fish subject to the reporting and             whether the vessel will be operating as
                                                the same.                                               recordkeeping requirements in this                    a charter vessel or headboat, or is
                                                   (G) Interruption of operation of the                 section, a vessel owner or operator                   departing on another type of trip, such
                                                GPS. When a vessel’s GPS is not                         subject to the hardware and software                  as a commercial trip. If the vessel will
                                                operating properly or if notified by                    requirements in this section must allow               be operating as a charter vessel or
                                                NMFS that a vessel’s GPS is not                         NMFS, the U.S. Coast Guard, and their                 headboat during the trip, the owner or
                                                operating properly, the vessel owner or                 authorized officers and designees access              operator must also report the expected
                                                operator must immediately contact                       to the vessel’s position data obtained                trip completion date, time, and landing
                                                NMFS and follow NMFS’ instructions.                     from the VMS or GPS.                                  location.
                                                In either event, such instructions may                    (6) Trip notification requirements in               *     *     *     *     *
                                                include, but are not limited to, manually               the Gulf. Prior to departure for each trip,           [FR Doc. 2018–23348 Filed 10–25–18; 8:45 am]
                                                communicating to a location designated                  the owner or operator of a vessel for                 BILLING CODE 3510–22–P
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Document Created: 2018-10-26 02:27:34
Document Modified: 2018-10-26 02:27:34
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 on the proposed rule must be received by November 26, 2018.
ContactRich Malinowski, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected]
FR Citation83 FR 54069 
RIN Number0648-BH72
CFR AssociatedAtlantic; Charter Vessel; Cobia; Fisheries; Fishing; Gulf of Mexico; Headboat; King Mackerel; Recordkeeping and Reporting; Reef Fish; South Atlantic and Spanish Mackerel

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