78776 Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Rules and Regulations

§ 622.193 [Amended] TABLE 4 OF APPENDIX A TO PART transmission from the ELB units to a ■ 7. In § 622.193, paragraph (s) is 622—SOUTH ATLANTIC SNAPPER- NOAA server. The purpose of these removed and reserved. GROUPER—Continued changes is to ensure that management of ■ 8. In Appendix A to part 622, Table the shrimp fishery is based upon the 4 is revised to read as follows: Black sea bass, Centropristis striata best scientific information available and Sparidae—Porgies that bycatch is minimized to the extent Appendix A to part 622—Species Jolthead porgy, Calamus bajonado practicable. Tables Saucereye porgy, Calamus calamus Whitebone porgy, Calamus leucosteus DATES: These final changes to * * * * * Knobbed porgy, Calamus nodosus management measures are effective Red porgy, Pagrus pagrus January 27, 2014. TABLE 4 OF APPENDIX A TO PART Scup, Stenotomus chrysops ADDRESSES: Electronic copies of the 622—SOUTH ATLANTIC SNAPPER- The following species are designated as eco- framework action, which includes a GROUPER system component species: Regulatory Flexibility Act analysis and Cottonwick, Haemulon melanurum a regulatory impact review, may be Balistidae—Triggerfishes Bank sea bass, Centropristis ocyurus obtained from the Southeast Regional Gray triggerfish, Balistes capriscus Rock sea bass, Centropristis philadelphica Office Web site at http:// Carangidae—Jacks Longspine porgy, Stenotomus caprinus sero.nmfs.noaa.gov/sustainable_ Bar jack, Caranx ruber Ocean triggerfish, Canthidermis sufflamen fisheries/gulf_fisheries/shrimp/ Greater amberjack, Seriola dumerili Schoolmaster, Lutjanus apodus Lesser amberjack, Seriola fasciata index.html. Comments regarding the burden-hour Almaco jack, Seriola rivoliana * * * * * estimates or other aspects of the Banded rudderfish, Seriola zonata [FR Doc. 2013–30943 Filed 12–26–13; 8:45 am] Ephippidae—Spadefishes collection-of-information requirements BILLING CODE 3510–22–P Spadefish, Chaetodipterus faber contained herein may be submitted in Haemulidae—Grunts writing to Anik Clemens, Southeast Margate, Haemulon album DEPARTMENT OF COMMERCE Regional Office, NMFS, 263 13th Tomtate, Haemulon aurolineatum Avenue South, St. Petersburg, FL 33701; Sailor’s choice, Haemulon parrai National Oceanic and Atmospheric and OMB, by email at OIRA White grunt, Haemulon plumieri Labridae—Wrasses Administration [email protected], or by fax to Hogfish, Lachnolaimus maximus 202–395–7285. Lutjanidae—Snappers 50 CFR Part 622 FOR FURTHER INFORMATION CONTACT: Black snapper, Apsilus dentatus [Docket No. 130710605–3999–02] Susan Gerhart, Southeast Regional Queen snapper, Etelis oculatus Office, NMFS, telephone: 727–824– Mutton snapper, Lutjanus analis RIN 0648–BD41 5305; email: [email protected]. Blackfin snapper, Lutjanus buccanella SUPPLEMENTARY INFORMATION: The Red snapper, Lutjanus campechanus Fisheries of the Caribbean, Gulf of shrimp fishery of the Gulf is managed Cubera snapper, Lutjanus cyanopterus Mexico, and South Atlantic; Shrimp under the FMP. The FMP was prepared Gray snapper, Lutjanus griseus Fishery of the Gulf of Mexico; by the Council and is implemented Mahogany snapper, Lutjanus mahogoni Establish Funding Responsibilities for through regulations at 50 CFR part 622 Dog snapper, Lutjanus jocu the Electronic Logbook Program Lane snapper, Lutjanus synagris under the authority of the Magnuson- Silk snapper, Lutjanus vivanus AGENCY: National Marine Fisheries Stevens Fishery Conservation and Yellowtail snapper, Ocyurus chrysurus Service (NMFS), National Oceanic and Management Act (Magnuson-Stevens Vermilion snapper, Rhomboplites Atmospheric Administration (NOAA), Act). aurorubens Commerce. On October 22, 2013, NMFS Malacanthidae—Tilefishes published the proposed changes to Blueline tilefish, Caulolatilus microps ACTION: Final changes to management Golden tilefish, Lopholatilus measures. management measures for the ELB chamaeleonticeps program for the Gulf shrimp fishery and Sand tilefish, Malacanthus plumieri SUMMARY: NMFS establishes funding requested public comment (78 FR Percichthyidae—Temperate basses responsibilities for an upgrade to the 62579). The proposed changes to Wreckfish, Polyprion americanus shrimp electronic logbook (ELB) management measures and the Serranidae—Groupers program as described in a framework framework action outline the rationale Rock hind, Epinephelus adscensionis action to the Fishery Management Plan for the actions contained herein. A Graysby, Epinephelus cruentatus for the Shrimp Fishery of the Gulf of summary of the actions implemented by Speckled hind, Epinephelus drummondhayi Mexico (FMP), as prepared by the Gulf the framework action is provided below. Yellowedge grouper, Epinephelus of Mexico (Gulf) Fishery Management These final changes in management flavolimbatus Coney, Epinephelus fulvus Council (Council). Newer and more measures require vessel permit holders Red hind, Epinephelus guttatus efficient ELB units have been purchased in the Gulf shrimp fishery to share in Goliath grouper, Epinephelus itajara by NMFS for the Gulf shrimp fleet and the cost of the ELB program. NMFS will Red grouper, Epinephelus morio are available for installation on Gulf inform vessel owners that they have Misty grouper, Epinephelus mystacinus shrimp vessels. Therefore, NMFS been selected to participate in this Warsaw grouper, Epinephelus nigritus establishes a cost-sharing program to program, and that they have a total of Snowy grouper, Epinephelus niveatus fund the ELB program. NMFS will pay 90 days to comply with the regulations Nassau grouper, Epinephelus striatus for the software development, data to install and activate their new ELB Black grouper, Mycteroperca bonaci storage, effort estimation analysis, and units (30 days to activate a wireless Yellowmouth grouper, Mycteroperca interstitialis archival activities for the new ELB account and 60 days to install the new Gag, Mycteroperca microlepis units, and selected vessel permit ELB unit) after it has been shipped by Scamp, Mycteroperca phenax holders in the Gulf shrimp fishery will NMFS and received by the vessel Yellowfin grouper, Mycteroperca venenosa pay for installation and maintenance of owner. Vessel owners selected to Serranidae—Sea Basses the new ELB units and for the data participate in the ELB program must

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contact Verizon Wireless, the wireless participate in the ELB program will through the current contractor will provider, by email at cover the costs of installing and cease at the end of 2013 (the end of the VZWGulfCoastELB@ maintaining the ELB units and the cost contract), and no new Federal money is VerizonWireless.com, or by phone: 888– of data transmission from the units to a expected to be forthcoming. Therefore, 211–3258, to initiate service for the new NOAA server. The installation cost of NMFS does not have the means to cover ELB unit. approximately $200 per vessel is a one- the full cost of the ELB program at this The changes to the management time cost; maintenance costs are time. Additionally, NMFS recognizes measures are being published pursuant periodic; and the data transfer cost is that it would be very burdensome for to section 304(b)(3) of the Magnuson- annual. The cost of data transfer, which vessel permit holders in the Gulf shrimp Stevens Act. is the major cost to the vessel permit fishery to bear the full cost of the ELB Changes From the Proposed Changes to holders in the Gulf shrimp fishery program. Unless NMFS or the vessel Management Measures selected to participate in the ELB permit holders in the Gulf shrimp program, was previously estimated at fishery can secure outside funding, a As was proposed, selected vessel $720 per vessel annually. Recent cost-sharing program is the most permit holders in the Gulf shrimp negotiations with the wireless provider appropriate funding option, and is fishery will cover the costs of installing have substantially reduced this cost to therefore the option that the Council and maintaining the ELB units and the approximately $240 per vessel annually chose to implement at this time. NMFS’ cost of data transmission from the units to receive the same service. The division direct administration of the new ELB to a NOAA server. The cost of data of cost is similar to that for the Gulf reef program is expected to reduce the cost transfer, however, which is the major fish VMS program. NMFS will of the ELB program and allow for a more cost to the vessel permit holders in the constantly evaluate the ELB program, efficient method of retrieving, archiving, Gulf shrimp fishery, was previously including its costs, particularly with and analyzing the data. The total annual estimated to be $720 per vessel respect to the burden on the vessel cost of the new ELB program (after the annually. Recent negotiations with the permit holders in the Gulf shrimp first year) will be $434,000 for 500 wireless provider have substantially fishery. vessels, which is substantially less than reduced this cost to approximately $240 Comment 2: Fishermen should not be the $975,000 annual cost for the prior per vessel annually. required to reveal where they fish. ELB program, for 500 vessels. If all Comments and Responses Information provided by the ELB unit 1,500 vessels with Federal permits are transmissions should be confidential. NMFS received a total of nine public selected to participate in the new ELB Response: The new ELB program program, the cost would still be less comments on the proposed changes to collects the same data as the prior ELB management measures; one from an than that of the prior ELB program, at program. NMFS adheres to strict $674,000. As needed, NMFS will organization and the remainder from confidentiality guidelines with regards consult with experts, including the individuals. Some commenters to its various data collection programs, current contractor for the prior ELB submitted suggestions for the Gulf including the ELB program. To date, program, in administering the program. shrimp fishery that were outside the there have been no reported issues scope of the framework action, related to the confidentiality of Comment 5: NOAA should fund the including comments regarding information collected through the ELB entire program. NOAA should have put monitoring catch. Seven commenters program. NMFS will work with the the ELB program in the budget and were against the framework action, one wireless provider to ensure that data could use BP funds to support it. was in favor of the framework action, transmission under the new ELB Response: As noted above, NMFS and one expressed no position for or program is secure, as in the VMS does not have the resources to fund the against the changes but was in support program for the Gulf reef fish fishery. entire ELB program. NMFS’ current of using modern vessel monitoring Comment 3: The new ELB units are budget is restricted from adding new system (VMS) type technology. Specific not ready to be implemented and will programs for funding. Just because a comments related to the actions not work. program is not placed within the contained in the framework action, as Response: The new ELB units have Federal budget, it does not lessen its well as NMFS’ respective responses, are been tested on several vessels that also importance to the government mission. summarized below. have the prior ELB units. The new ELB There are many high priority programs Comment 1: The cost sharing program units are functioning and the data which the Federal government oversees will impose a financial burden on collected by both units match. It is that may not have appropriations to fishermen who already have high expected that some issues may arise fully fund them on an annual basis. expenses because of increased operating with the implementation of a new Cost-sharing with user groups is one costs and a depressed economy. system. However, NMFS is confident method that is used to fund high Response: The Council considered that any issues that arise regarding the priority programs that do not have several funding alternatives for functioning of the ELB units can be enough appropriations to be continuing the ELB program, and NMFS efficiently resolved. implemented solely under the Federal agrees with the Council’s choice to Comment 4: The prior ELB program budget. Further, no funding has been implement the cost-sharing program. worked so it should be continued. made available for this program as a The Council and NMFS recognize the NOAA should not be involved in the result of the Deepwater Horizon MC252 burden of the cost-sharing program on ELB program and should let the incident. If outside funding becomes the vessel permit holders in the Gulf previous contractor continue the available in the future to cover the cost shrimp fishery. As analyzed in the program. of the entire ELB program, cost-sharing framework action, NMFS will cover the Response: Continuing the prior ELB may not be needed. If additional cost of the ELB equipment, software program would necessarily result in funding is acquired that is less than the development, data storage, effort either NMFS or vessel permit holders in total cost of the new ELB program, the estimation analysis, and archival the Gulf shrimp fishery being required vessel permit holders in the Gulf shrimp activities. Vessel permit holders in the to cover the full cost of the program. fishery’s portion could be covered or Gulf shrimp fishery selected to Funding for the prior ELB program reduced with that funding.

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Comment 6: Data from the ELB the adverse effects on fishers, support all of its affiliated operations program are important for future industries, and associated communities. worldwide. For for-hire vessels, all management of the Gulf shrimp fishery, The preamble for these final changes to qualifiers apply except that the annual however, there might be a less management measures provides a receipts threshold is $7.0 million expensive way to obtain it. statement of the need for and objectives (NAICS code 487210, recreational Response: Since before the creation of of the management measures in the industries). The SBA periodically the existing program, the Council and framework action. reviews and changes, as appropriate, NMFS have explored numerous options The Magnuson-Stevens Act provides these size criteria. On June 20, 2013, the for data collection in the Gulf shrimp the statutory basis for the final changes SBA issued a final rule revising the fishery. During the development of to the management measures. No small business size standards for several Amendment 13 to the Gulf Shrimp duplicative, overlapping, or conflicting industries effective July 22, 2013 (78 FR FMP, which originally established the Federal rules have been identified. 37398). This rule increased the size existing ELB requirement, the Council The prior ELB program for the Gulf standard for commercial finfish and NMFS determined that the ELB shrimp fishery, established through the harvesters from $4.0 million to $19.0 program was an accurate and cost final rule to implement Amendment 13 million and commercial shellfish effective means for collecting the to the FMP in 2006, required selected harvesters from $4.0 million to $5.0 necessary information from the fishery. vessels to carry ELB units. These final million. Neither this rule, nor other Requiring industry to bear a portion of changes to the management measures recent SBA rules, changed the size the costs of the program does not require selected vessels to carry new standard for for-hire vessels. undermine these prior determinations ELB units that are more modern and The Federal Gulf shrimp permit has relative to the program. Further, NMFS technologically advanced. From the been placed under a moratorium since has determined that these modifications standpoint of technical and professional 2007. At the start of the moratorium, to the program best achieve the skills needed, the new ELB units do not 1,915 vessels qualified and received Council’s objectives, while minimizing, materially differ from the current ELB Gulf shrimp permits. Over time, the to the extent practicable, the associated units. In fact, the new ELB units no number of permitted shrimp vessels burdens on industry. Should more cost longer require a technician to meet declined, and in 2012 there were 1,582 effective means of collecting the vessels to pull and program the memory such permitted vessels. According to the information be developed in the future, card. Data collected by ELB units will be Southeast Regional Office Web site, the industry and the public at large are automatically transmitted to NMFS Constituency Services Branch (Permits) encouraged to recommend these servers via a cellular phone connection unofficially listed 1,431 holders of Gulf innovations to the Council and NMFS activated when the vessel is within non- shrimp permits as of June 25, 2013. for future implementation. roaming cellular range. A key feature During the period from 2006 through introduced by the final changes is that 2010, an average of 4,582 vessels fished Classification the vessel permit holders in the Gulf for shrimp in the Gulf EEZ and state The Regional Administrator, shrimp fishery will share the cost of the waters, of which 20 percent held Gulf Southeast Region, NMFS has ELB program, whereas currently all shrimp permits. Despite being a determined that these final changes to costs of the ELB program are borne by minority of the total number, vessels management measures are necessary for the Federal government. Each federally with Gulf shrimp permits accounted for the conservation and management of permitted shrimp vessel selected to an average of 67 percent of total shrimp Gulf shrimp and is consistent with the participate will be responsible for the landings and 77 percent of total ex- FMP, the Magnuson-Stevens Act, and one-time cost of installing the ELB unit vessel revenues. Of all the vessels with other applicable law. ($200) and the annual cost of data Gulf shrimp permits, 73 percent were This rule has been determined to be transmission ($240) through a contract active and 27 percent were inactive (i.e., not significant for purposes of Executive with the service provider. The vessel did not commercially fish). Order 12866. permit holders will also be responsible During the period from 2006 through A Final Regulatory Flexibility for the cost of repairing or replacing the 2010, an average federally permitted Analysis (FRFA) was prepared for this ELB unit. The replacement of one ELB shrimp vessel generated revenues from action. The FRFA incorporates the unit is estimated at about $425. commercial fishing ranging from around Initial Regulatory Flexibility Analysis NMFS expects the final changes to $205,000 to $244,000. An average active (IRFA), a summary of the significant management measures to directly affect federally permitted vessel had revenues economic issues raised by public commercial fishermen with valid or from commercial fishing ranging from comment, NMFS’ responses to those renewable Federal Gulf shrimp permits around $233,000 to $274,000. As may be comments, and a summary of the for harvesting penaeid shrimp in the expected, revenues from commercial analyses completed to support the Gulf exclusive economic zone (EEZ). fishing for an average inactive permitted action. The FRFA follows. The Small Business Administration vessel were practically none. No public comments specific to the (SBA) has established small entity size Based on the revenue figures above, IRFA were received. However, some criteria for all major industry sectors in all federally permitted shrimp vessels comments regarding the cost burden of the United States, including fish are expected to be directly affected by the new ELB program were received, harvesters. A business involved in fish the final changes to the management and these are addressed in the harvesting is classified as a small measures and are determined for the comments and responses section, business if independently owned and purpose of this analysis to be small specifically Comments 1 and 5. No operated, is not dominant in its field of business entities. Hence, NMFS changes in management measures were operation (including its affiliates), and determined that the action would affect made in response to public comments. its combined annual receipts are not in a substantial number of small entities. NMFS agrees that the Council’s excess of $19.0 million from finfish Because NMFS determined that all choice of preferred alternative would fishing (NAICS code 114111), or $5.0 entities expected to be affected by the best achieve the Council’s objectives for million from shellfish fishing (NAICS final changes to the management the framework action to the FMP while code 114112), or $7 million from other measures are small entities, the issue of minimizing, to the extent practicable, marine fishing (NAICS code 114119) for disproportional effects on small versus

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large entities does not arise in the ELB program. Being adjudged and requirements of the PRA, unless that present case. proven to be very effective in collecting collection-of-information displays a The vessel permit holders’ share of shrimp effort data in the Gulf EEZ, currently valid OMB control number. the cost of the new ELB program continuation of the ELB program has Authority: 16 U.S.C. 1801 et seq. consists of a one-time cost of installing been deemed necessary so that NMFS the ELB unit, an annual cost of can effectively carry out its mandate to Dated: December 20, 2013. transmitting data from the ELB unit to base conservation and management Alan D. Risenhoover, NMFS servers, and a periodic cost of measures on the best scientific Director, Office of Sustainable repairing or replacing defective ELB information available and to minimize Fisheries,performing the functions and duties units. On a per vessel basis, the bycatch to the extent practicable. To of the Deputy Assistant Administratorfor installation cost is $200 and the annual date, no other means of collecting Regulatory Programs, National Marine Fisheries Service. data transmission cost is $240. In the shrimp effort data have been developed event of equipment failure, the cost of and tested that would be more [FR Doc. 2013–30949 Filed 12–26–13; 8:45 am] repair could run from a de minimis technically and economically effective BILLING CODE 3510–22–P amount to $425, which is the cost of than the ELB. Therefore, no other replacing an ELB unit. alternative to collect shrimp effort data During the period from 2006 through was considered. DEPARTMENT OF COMMERCE 2010, an average permitted shrimp However, three alternatives, including National Oceanic and Atmospheric vessel had negative net operating the preferred alternative, were Administration revenues in all years, except 2009. Its considered for funding the ELB net profits (i.e., net operating revenues program. As noted above, the preferred 50 CFR Part 622 plus net receipts from non-operating alternative will provide for cost sharing activities, such as government between NMFS and the vessel permit [Docket No. 130409354–3999–02] payments) were positive in 2006 holders in the Gulf shrimp fishery. The RIN 0648–BD21 ($2,961), 2009 ($1,238), and 2010 second alternative will require NMFS to ($94,279). However, it should be noted bear the entire cost of the ELB program. Fisheries of the Caribbean, Gulf of that the 2010 profits came mainly from NMFS recognizes the vital role that the Mexico, and South Atlantic; Revisions earnings associated with the Deepwater ELB program has played in estimating to Headboat Reporting Requirements Horizon MC252 (DWH) oil spill in the shrimp effort in the Gulf, but due to for Species Managed by the South form of damage claims and revenues budget constraints, NMFS cannot fully Atlantic Fishery Management Council from the vessel’s participation in BP’s fund the ELB program. The third clean-up program. Without these oil alternative will require the Gulf shrimp AGENCY: National Marine Fisheries spill related revenues, net profits in vessel permit holders to fund the entire Service (NMFS), National Oceanic and 2010 would have been negative $2,480. cost of the ELB program. For several Atmospheric Administration (NOAA), For active federally permitted shrimp years now, the Gulf shrimp industry has Commerce. vessels, net operating revenues were been in relatively dire financial ACTION: Final rule. negative in all years from 2006 through condition. Thus the Gulf shrimp fishery 2010. In addition, profits in all of those indicated that it could not possibly fund SUMMARY: NMFS issues this final rule to years were negative, except in 2010. the entire cost of the ELB. implement the Joint South Atlantic/Gulf Again, the positive net profits in 2010 These final changes to management of Mexico Generic Charter Vessel/ were due to revenues associated with measures contain collection-of- Headboat Reporting in the South the DWH oil spill. The situation is information requirements subject to the Atlantic Amendment (For-Hire worse for inactive permitted shrimp requirements of the Paperwork Reporting Amendment). The For-Hire vessels, with net revenues and profits Reduction Act (PRA), which have been Reporting Amendment amends the (except for 2010) being more negative approved by Office of Management and following Fishery Management Plans than those of active permitted shrimp Budget (OMB) under control number (FMPs): the Snapper-Grouper Fishery of vessels. The average inactive permitted 0648–0543. NMFS estimates the the South Atlantic Region and the shrimp vessel had higher net profit in requirement for the Gulf shrimp fishery Dolphin and Wahoo Fishery of the 2010 than the average active permitted to share in the costs of the new ELB Atlantic, as prepared by the South shrimp vessel. units, which includes installation ($200) Atlantic Fishery Management Council The cost of the new ELB program will and data transmission ($240), to average (South Atlantic Council); and the impose a significant impact on the 1 hour and $440 per response for the Coastal Migratory Pelagic (CMP) profits of an average permitted shrimp first year. After the first year, NMFS Resources of the Atlantic and Gulf of vessel. The effects will be even more estimates the requirement for vessel Mexico (Gulf), as prepared by the Gulf significant for vessels that are not active permit holders in the Gulf shrimp of Mexico Fishery Management Council in the fishery. It is noted that there are fishery to share in the costs of the new (Gulf Council) and the South Atlantic some vessels that are substantially more ELB units, which includes data Council. This final rule modifies the profitable than the average vessel, and transmission, to average 1 hour and recordkeeping and reporting thus will be able to absorb the per vessel $240 per response. These estimates of requirements for headboat owners and cost of the ELB program. However, there the public reporting burden include the operators who fish for species managed are other vessels that are only slightly time for reviewing instructions, by the South Atlantic Council through more profitable than the average vessel, gathering and maintaining the data the previously mentioned FMPs. These and very likely the impacts on their needed, and completing and reviewing revisions require fishing records to be profits will be significant. the collection-of-information. submitted electronically (via computer The following discussion analyzes the Notwithstanding any other provision or internet) on a weekly basis or at alternatives that were not selected as of law, no person is required to respond intervals shorter than a week if notified preferred by the Council. to, nor shall a person be subject to a by the NMFS’ Southeast Fisheries The management measures contained penalty for failure to comply with, a Science Center (SEFSC) Science and in the framework action continue the collection-of-information subject to the Research Director (SRD), and prohibits

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