Saving Seafood

Request for Comments: Proposed Charter Vessel Electronic Reporting Requirements and Modifications to Current Headboat Electronic Reporting

April 6, 2018 — The following was released by the South Atlantic Fishery Management Council:

KEY MESSAGE:

NOAA Fisheries requests comments on a For-Hire Reporting Amendmentand proposed rule, which if implemented, would establish electronic reporting requirements for charter vessels with federal permits and would modify the reporting deadline for headboats. The South Atlantic Fishery Management Council approved the For-Hire Reporting Amendment in an effort to improve data collection and fisheries management.

Comments are due by May 13, 2018 

SUMMARY OF PROPOSED CHANGES

  • Charter vessels with a federal charter vessel/headboat permit for Atlantic Coastal Migratory Pelagics, Atlantic dolphin and wahoo, or South Atlantic snapper-grouper species would be required to report weekly using electronic reporting.
  • Reports would be due by Tuesday following the end of each reporting week, which runs from Monday through Sunday, and would include information such as fishing dates, fishing location, depth fished, species kept and discarded, and charter fee.
  • Reporting would be through NOAA Fisheries-approved hardware and software, which would be specified at a later date.
  • Headboat vessels with a federal charter vessel/headboat permit for Atlantic Coastal Migratory Pelagics, Atlantic dolphin and wahoo, or South Atlantic snapper-grouper species would continue to submit reports to the Southeast Headboat Survey but would be required to submit electronic fishing reports by Tuesday following a reporting week, rather than by Sunday.

HOW TO COMMENT ON THE AMENDMENT AND PROPOSED RULE:

The comment period is open through May 03, 2018. You may submit comments by electronic submission or by postal mail. Comments sent by any other method (such as e-mail), to any other address or individual, or received after the end of the comment period, may not be considered by NOAA Fisheries.

FORMAL FEDERAL REGISTER NAME/NUMBER: 83 FR 11164, published March 14, 2018.

Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal.

  1. Go to https://www.regulations.gov/docket?D=NOAA-NMFS-2017-0152.
  2. Click the “Comment Now!” icon, complete the required fields.
  3. Enter or attach your comments.

Mail: Submit written comments to Karla Gore, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.

FREQUENTLY ASKED QUESTIONS (FAQs)

What would the For-Hire Reporting Amendment and proposed rule do?

The For-Hire Reporting Amendment and proposed rule would require charter vessels with a federal charter vessel/headboat permit for Atlantic Coastal Migratory Pelagics, Atlantic dolphin and wahoo, or South Atlantic snapper-grouper speciesto submit electronic reports by Tuesday following the end of each reporting week, which runs from Monday through Sunday, using NOAA Fisheries approved hardware and software applications.

The For-Hire Reporting Amendment would also change the day that headboats are required to submit an electronic fishing record from Sunday to Tuesday following the end of a reporting week, reducing the time when reports are due from seven to two days.

Why are the proposed actions needed?

The South Atlantic Fishery Management Council (South Atlantic Council) is working to enhance data collection for better fisheries management. Accurate and reliable fisheries information about catch, effort, and discards is critical to population assessments and management evaluations. The South Atlantic Council believes that weekly electronic reporting for federally permitted charter vessels could provide more timely information than the current Marine Recreational Information Program (MRIP) survey, and more accurate and reliable information for many species with low catches, low annual catch limits, or for species that are only rarely encountered by fishery participants. This proposed action is intended to improve information collected from federally permitted for-hire vessels in the Atlantic. The proposed change to the reporting day for headboat vessels would make the reporting day for the headboat sector consistent with the proposed reporting day for charter vessels.

How would the electronic reporting for charter vessels work? Do I need to have a computer?

NOAA Fisheries is currently evaluating potential software applications for the electronic reporting program, and is considering the use of software applications that are already being used by partners in the region, including “e-trips online” and “e-trips mobile,” which are products of the Atlantic Coastal Cooperative Statistics Program.

These programs would require the use of a computer or tablet with access to the internet. We are looking into the possibility of using smartphones for reporting in the future. If the rule is implemented, outreach sessions will be held to explain the reporting program software and requirements.

What type of information would be collected?

Charter vessels would be required to submit information such as: start and end dates, start and end time, start and end fishing location, vessel and captain identification, number of crew, method of fishing, hours fished, depth fished, species kept, species discarded, charter fee, fuel used, and fuel price per gallon. These core data elements may be modified through coordination with the South Atlantic Council. This information would be required to be reported regardless of where fishing occurs or what species are harvested. If no fishing occurs in a particular week, an electronic no-fishing report would be required.

Does this electronic reporting program replace MRIP?

Even if the new electronic reporting program is implemented, charter vessels with a federal permit would still need to report to MRIP. Currently, landings and discards from federally permitted charter vessels in Atlantic coastal migratory pelagics, Atlantic dolphin wahoo, and South Atlantic snapper-grouper fisheries are monitored through a MRIP survey of charter vessels. Fishing effort is calculated based on a monthly sample of federally permitted charter vessels through a phone survey, which is transitioning to a new mail survey. Catch rate observations and catch sampling are provided through dockside monitoring. If NOAA Fisheries implements the electronic reporting requirements described in the For-hire Reporting Amendment, the MRIP survey of charter vessels would continue until the proposed electronic reporting program described in the For-hire Reporting Amendment is certified by NOAA Fisheries, and then the electronic reporting program would replace the MRIP survey of charter vessels.

What if I also have federal for-hire permits for fisheries in other regions such as the Gulf of Mexico or Mid-Atlantic? Do I have to submit multiple reports?

To reduce duplicative reporting by charter vessels, fishermen with federal charter vessel/headboat permits subject to electronic reporting requirements in other regions would not be required to report to multiple times. Instead, federal permit holders would be required to comply with the electronic reporting program that is more restrictive, regardless of where fishermen are fishing.

For example, the NOAA Fisheries Greater Atlantic Regional Fisheries Office (GARFO) has implemented an electronic reporting requirement for owners and operators of a charter vessel or party boat (headboat) issued a federal for-hire permit for species managed by Mid-Atlantic Fishery Management Council to submit an electronic vessel trip report using NOAA Fisheries-approved software within 48 hours of completing a for-hire fishing trip (82 FR 42610, September 11, 2017). Because NOAA Fisheries GARFO requires more restrictive reporting than what is proposed in the For-hire Reporting Amendment, owners and operators of a vessel issued a federal for-hire permit for species in both the Mid-Atlantic and South Atlantic would be required to report under the electronic reporting program managed by GARFO, regardless of where fishing occurs or what species are caught.

The Gulf of Mexico Fishery Management Council (Gulf Council) has recommended for-hire electronic reporting for charter vessels that is more stringent than those reporting requirements contained in the South Atlantic For-hire Reporting Amendment. The proposed Gulf of Mexico for-hire electronic reporting program would require trip-level reporting, a pre-trip notification to NOAA Fisheries, and location information monitored by a vessel monitoring system, among other requirements. Therefore, an owner or operator of a charter vessel that has been issued federal charter vessel/headboat permits for applicable fisheries in both the Atlantic and the Gulf of Mexico would be required to comply with the Gulf Council’s more stringent for-hire electronic reporting program requirements, if the Gulf Council’s amendments to address for-hire electronic reporting are approved and implemented.

Does the For-Hire Reporting Amendment and proposed rule make any changes to the headboat sector?

Currently, headboats submit an electronic fishing report to NOAA Fisheries via the internet by the Sunday following the end of each reporting week, which runs from Monday through Sunday. The For-Hire Amendment and proposed rule would shorten the time to report and proposes that headboats submit electronic reports to NOAA Fisheries by the Tuesday following the end of a reporting week. This is a change in the grace period to prepare and submit reports from seven days to two days.

Does the For-Hire Reporting Amendment and proposed rule implement a video monitoring requirement for charter vessels?

No. In 2008, through Amendment 15B to the Fishery Management Plan for Snapper-Grouper of the South Atlantic Region, a provision was implemented that requires those with a charter vessel/headboat permit for South Atlantic snapper-grouper to use video monitoring technology if landing snapper-grouper species and selected by the Science Research Director. Since then, no vessels have been selected to use video monitoring and the Southeast Fisheries Science Center is not actively pursuing a video monitoring program. The For-Hire Reporting Amendment does not change the requirement specified through Amendment 15B.

Where can I find more information on the environmental assessment and proposed rule?

  • Contact NOAA Fisheries, Southeast Regional Office

By Mail: Karla Gore

NOAA Fisheries, Southeast Regional Office

Sustainable Fisheries Division

263 13th Avenue South

St. Petersburg, Florida 33701-5505

By Phone: (727) 824-5305

By FAX: (727) 824-5308

The For-Hire Reporting Amendment and proposed rule may be found online at the NOAA Fisheries Southeast Regional Office Web site at: http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/generic/2017/for_hire_reporting/index.html.

King Mackerel Trip Limit Increases for Commercial Hook-And-Line Vessels off Florida

February 5, 2018 — The following was released by NOAA Fisheries:

WHAT/WHEN:

  • On February 5, 2018, the daily vessel trip limit increased from 50 to 75 fish for commercial hook-and-line vessels fishing for Atlantic migratory group king mackerel in federal waters off Florida between the Flagler/Volusia and Miami-Dade/Monroe County lines.
  • The 75-fish daily vessel trip limit will remain in effect through February 28, 2018, unless the Southern zone’s quota is reached and the fishery is closed before the end of the fishing year.
  • On March 1, 2018, the new fishing year begins and a commercial trip limit of 50 fish will again be in effect for this area.

This bulletin provides only a summary of the existing regulations. Full regulations can be found in the Federal Register or  https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=4a1c3805e95097423c9a607a31c4c9f8&rgn=div5&view=text&node=50:12.0.1.1.2&idno=50#se50.12.622_1384.

Access this and other Fishery Bulletins from NOAA Fisheries Southeast Regional Office by clicking here.

 

Request for Comments: Proposed Rule to Increase Catch Levels in Federal Waters and Prohibit Recreational Harvest of Spiny Lobster in the South Atlantic Using Traps

February 2, 2018 — The following was released by NOAA Fisheries:

KEY MESSAGE:

NOAA Fisheries requests your comments on the proposed rule for Regulatory Amendment 4 to the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and the South Atlantic (Regulatory Amendment 4). Regulatory Amendment 4 would increase the catch limit for spiny lobster based on updated landings information and revised scientific recommendations; and prohibit the use of traps for recreational harvest of spiny lobster in federal waters off North Carolina, South Carolina, and Georgia.

Comments are due by March 4, 2018

SUMMARY OF PROPOSED CHANGES: 

  • The proposed rule would increase the catch limit for spiny lobster from 7.3 million pounds to 9.6 million pounds.
  • Currently, recreational harvest of spiny lobster using traps is prohibited in federal waters off Florida, but is allowed in federal waters off North Carolina, South Carolina, and Georgia. The proposed rule would make the prohibition consistent throughout the federal waters off all four states in the South Atlantic region.

HOW TO COMMENT ON THE PROPOSED RULE: 

The comment period is open from February 2, 2018, through March 4, 2018. You may submit comments by electronic submission or by postal mail. Comments sent by any other method (such as e-mail), to any other address or individual, or received after the end of the comment period, may not be considered by NOAA Fisheries.

FORMAL FEDERAL REGISTER NAME/NUMBER:
83 FR 4890, published February 2, 2018

Electronic Submissions:Submit all electronic public comments via the Federal e-Rulemaking Portal.

  1. Go to https://www.regulations.gov/docket?D=NOAA-NMFS-2017-0125.
  2. Click the “Comment Now!” icon, complete the required fields.
  3. Enter or attach your comments.

Mail: Submit written comments to Nikhil Mehta, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

FREQUENTLY ASKED QUESTIONS (FAQs)

Why increase the catch limits for spiny lobster?

  • Current catch limits for spiny lobster are based on landings from fishing years 2000/2001 through 2009/2010. This time period included years where landings were historically low.
  • The Gulf of Mexico and South Atlantic Fishery Management Councils’ Scientific and Statistical Committees recommended specifying catch limits for spiny lobster using a longer time series of spiny lobster landings (fishing years1991/1992 through 2015/2016).
  • The longer time period isbetter suited to capture the dynamics of the fishery that are influenced by factors beyond spiny lobster biology and harvest, such as environmental conditions.
  • The proposed increase in catch limits is based on the best scientific information available.

Why would recreational harvest of spiny lobster using traps be prohibited in federal waters off North Carolina, South Carolina, and Georgia?

  • Use of traps to catch spiny lobster by recreational fishermen off Florida is prohibited.
  • To date, the public has expressed little interest in using traps for the recreational harvest of spiny lobster off North Carolina, South Carolina, and Georgia. This may be due to a daily bag or possession limit for spiny lobster from federal waters other than Florida, of two per person for commercial and recreational fishing, year-round.
  • The South Atlantic Fishery Management Council is concerned that recreational use of trap gear may become more popular and result in potential negative impacts on essential fish habitat and result in an increase in the use of vertical lines that may interact with protected species (entanglement issues).
  • Trap gear also has the potential to “ghost” fish (trap continues to fish after it is lost).
  • Because spiny lobsters are larger in size in federal waters off Georgia, South Carolina, and North Carolina than off Florida, current trap configuration may not be efficient in capturing spiny lobster. Recreational traps used off Georgia, South Carolina, and North Carolina may require larger entrances which could result in greater bycatch of fish, crabs, and other invertebrates.
  • The proposed rule would make the trap prohibition for recreational fishermen consistent throughout the federal waters off all four states in the South Atlantic region.
  • Consistent regulations regarding this prohibition would aid law enforcement and avoid confusion among the fishers.

Where can I find more information on Regulatory Amendment 4? 

  • Contact NOAA Fisheries, Southeast Regional Office

By Mail: Nikhil Mehta

NOAA Fisheries, Southeast Regional Office

Sustainable Fisheries Division

263 13th Avenue South

St. Petersburg, Florida 33701-5505

By FAX: (727) 824-5308

By Phone: (727) 824-5305

Access this and other Fishery Bulletins from NOAA Fisheries Southeast Regional Office by clicking here.

 

Commercial Closure for Vermilion Snapper in South Atlantic Federal Waters on October 17, 2017

October 13, 2017 — The following was released by the South Atlantic Fishery Management Council:

WHAT/WHEN:

The commercial harvest of vermilion snapper in South Atlantic federal waters will close at 12:01 a.m. on October 17, 2017. During the commercial closure, harvest or possession of vermilion snapper in or from federal waters is limited to the recreational bag and possession limits when the recreational fishery is open.

WHY THIS CLOSURE IS HAPPENING:

  • The 2017 July-December commercial catch limit is 431,460 pounds whole weight. In addition, the unused portion of the January 1 through June 30, 2017, commercial catch limit was added to the July 1 through December 31, 2017, commercial catch limit. Commercial landings are projected to reach the July-December commercial catch limit by October 17, 2017.  According to the accountability measure, harvest should close to prevent the catch limit from being exceeded.

AFTER THE CLOSURE:

  • The closure applies in both state and federal waters for vessels that have a federal commercial permit for South Atlantic Snapper-Grouper.
  • The prohibition on sale or purchase during a closure for vermilion snapper does not apply to fish that were harvested, landed ashore, and sold prior to 12:01 a.m. on October 17, 2017, and were held in cold storage by a dealer or processor.

This bulletin provides only a summary of the existing regulations. Full regulations can be found in the Federal Register or at https://www.ecfr.gov/cgi-bin/text-idx?SID=383bc195ccbeab4fd6bec1c24905df34&node=sp50.12.622.i&rgn=div6#se50.12.622_1190.

Access this and other Fishery Bulletins from NOAA Fisheries Southeast Regional Office by clicking here.

Extension of Valid Period for Vessel and Dealer Permits

September 25, 2017 — The following was released by the South Atlantic Fishery Management Council:

KEY MESSAGE:

  • Because of technical difficulties due to Hurricane Irma, the NOAA Fisheries Southeast Region Permits Office is providing an extension of the valid period of any permits for which owners have submitted a renewal application.  Only those expired permits already submitted for renewal to the Southeast Region Permits Office will be considered valid until October 31, 2017.   

Background:

  • Since the passing of Hurricane Irma, the permit system at the Southeast Regional Office in St. Petersburg, Florida, has experienced unusual delays in permit renewals.
  • Some individuals applied to renew their permits in a timely manner, but have not received new permits due to Hurricane Irma.
  • For permits that are expired but have renewal applications pending at the Southeast Regional Office, the permit expiration will be considered extended until October 31, 2017.
  • This extension applies to all Gulf of Mexico, South Atlantic, and Highly Migratory Species vessel permits and dealer permits.
  • Permit transfers will not be processed until the system is functioning.

Reps. Walter Jones, Patrick Murphy ‘Ask for Answers’ on Red Snapper

WASHINGTON (Saving Seafood) — December 3, 2015 — Last week, Congressman Walter Jones (R-NC) and Congressman Patrick Murphy (D-FL) wrote to Dr. Roy Crabtree, Regional Administrator of NOAA’s Southeast Regional Office, requesting the Agency explain its decision to close the commercial and recreational red snapper fisheries for 2015.

The Congressmen question the data used by the Agency to close the red snapper fishery, noting that NOAA’s estimate for red snapper landings in an abbreviated 2014 fishing season was “nearly 3 times the estimate for a full fishing year in 2013; and similar to the average annual catch estimate for the period 1992 to 2009 when fishing occurred year-round.”

The letter raised several questions about the quality of scientific data available for fish stocks in the South Atlantic. It asked why the Agency has not conducted a stock assessment for red snapper since 2010, and why, despite the “controversial closure” of the fishery following that assessment, no follow-up has yet been conducted. Among other data issues, the letter also inquired on why most stocks in the South Atlantic are considered to be “data-poor,” and why requests for cooperative research with the regional fishing industry “have largely fallen on deaf ears.”

The Congressmen’s letter, and its requests for answers regarding the quality of scientific data on red snapper, was praised by regional fishery advocates.

“We are very pleased that Congressmen Jones and Murphy wrote the letter to Dr. Crabtree,” said Jerry Schill, President of the North Carolina Fisheries Association. “While their words address a huge concern with the red snapper fishery, it highlights the much larger issue of science in all of fisheries management. Industry knows the importance of basing fishery management decisions on science; however, with the lack of confidence in regulatory agencies to provide adequate science, including stock assessments, we are constantly faced with draconian measures due to these uncertainties. The negative effects are on fishermen and their communities. The cause, however, lies with the failure of the regulators to do their part, which is to provide adequate science and stock assessments.”

Bob Jones, Executive Director of the Southeastern Fisheries Association, was similarly positive about the letter.

“Congressmen Walter Jones Jr. and Patrick Murphy have been steadfast in their efforts to protect fisheries in Florida, North Carolina, and the entire Southeast for all users. They have worked to make certain the seafood industry is treated with respect and equity, and we are proud to support their efforts here.”

Read the letter to Regional Administrator Crabtree here

Read a release from Congressman Walter Jones regarding the letter here