[Federal Register Volume 62, Number 205 (Thursday, October 23, 1997)]
[Proposed Rules]
[Pages 55205-55211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28166]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 971009242-7242-01; I.D. 091997B]
RIN 0648-AJ14
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 15
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 issues this proposed rule to implement Amendment 15 to
the Fishery Management Plan for the Reef Fish Resources of the Gulf of
Mexico (FMP). This proposed rule would replace the current commercial
red snapper endorsement and trip limit system with a system comprised
of two classes of transferrable red snapper licenses and trip limits;
starting in 1998, split the red snapper commercial fishing season into
two time periods, the first commencing February 1 with two-thirds of
the annual quota available and the second commencing on September 1
with the remainder of the annual quota available; open the red snapper
commercial fishery at noon on the first of each month and close it at
noon on the 15th of each month during the commercial season; prohibit
the possession of reef fish in excess of the bag limit on a vessel that
has on board, or is tending, a trap other than a fish, stone crab, or
spiny lobster trap; increase the minimum size limit for vermilion
snapper; close the commercial fishery for greater amberjack each year
during March through May; remove sea basses, grunts, and porgies from
the FMP; and remove certain species from the aggregate bag limit for
reef fish. In addition, NMFS proposes to exclude certain species from
the prohibition on their harvest using powerheads in the stressed area.
The intended effects of this rule are to conserve and manage the reef
fish resources of the Gulf of Mexico.
DATES: Written comments must be received on or before December 8, 1997.
ADDRESSES: Comments on the proposed rule or on the initial regulatory
flexibility analysis (IRFA) must be sent to Robert Sadler, Southeast
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg,
FL 33702.
Comments regarding the collection-of-information requirements
contained in this rule should be sent to Edward E. Burgess, Southeast
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg,
FL 33702, and to the Office of Information and Regulatory Affairs,
Office of Management and Budget (OMB), Washington, DC 20503 (Attention:
NOAA Desk Officer).
Requests for copies of Amendment 15, which includes an
environmental assessment, a regulatory impact review (RIR), and an
IRFA, and for copies of a minority report submitted by two members of
the Council, should be sent to the Gulf of Mexico Fishery Management
Council, Suite 1000, 3018 U.S. Highway 301 North, Tampa, FL, 33619,
phone: 813-228-2815; Fax: 813-225-7015.
FOR FURTHER INFORMATION CONTACT: Robert Sadler, 813-570-5305.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the FMP. The FMP was prepared by the Gulf of Mexico
Fishery Management Council (Council) and is implemented under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.
Red Snapper Licenses and Trip Limits
The current commercial red snapper endorsement and trip limit
system would be replaced with a ``two-tier'' license system consisting
of Class 1 licenses, holders of which would be restricted to a red
snapper trip limit of 2,000 lb (907 kg), and Class 2 licenses, holders
of which would be restricted to a red snapper trip limit of 200 lb (91
kg). A Class 1 license would be issued for the vessel specified by the
holder of a red snapper endorsement on March 1, 1997, and to a
historical captain. The determination of status as a historical captain
would be based on information collected under Amendment 9 to the FMP.
The definition of historical captain in this proposed rule is unchanged
from that published in the final rule to implement Amendment 9 (59 FR
39301, August 2, 1994).
A Class 2 license would be issued for a vessel specified by an
owner or operator whose earned income qualified for a Gulf reef fish
permit that was valid on March 1, 1997, and whose vessel had recorded a
red snapper landing during the period January 1, 1990, through February
28, 1997. Eligibility for a Class 2 license would be based on
information collected under Amendment 9 on red snapper landings in the
1990-1992 period. Red snapper landings for the
[[Page 55206]]
period January 1, 1993, through February 28, 1997, would be based
solely on fishing vessel logbooks received by the Science and Research
Director, Southeast Fisheries Science Center, NMFS, not later than
March 31, 1997. To establish eligibility for an initial Class 2
license, a vessel's record of red snapper landings may be transferred
to the current owner of a reef fish permitted vessel. The specific
circumstances for such transfers are designed to protect the reasonable
and legitimate rights of owners.
The Regional Administrator, Southeast Region, NMFS (Regional
Administrator), would notify each owner of a vessel that had a valid
Gulf reef fish permit on March 1, 1997, each operator whose earned
income qualified for a valid permit on that date, and each potential
historical captain of his or her eligibility for a Class 1 or Class 2
red snapper license. Initial determinations of eligibility would be
based on NMFS' records of red snapper endorsements, red snapper
landings during the period from January 1, 1990, through February 28,
1997, and applications for historical captain status under Amendment 9
to the FMP. An owner, operator, or potential historical captain who
concurs with NMFS' initial determination of eligibility would not need
to take further action; if he or she is determined to be eligible, an
appropriate license would be issued not later than January 28, 1998.
A person initially determined by the Regional Administrator to be
ineligible for historical captain status or a Class 2 red snapper
license may appeal that decision to either the Regional Administrator
or an ad hoc appeals committee, consisting of the principal state
officials who are members of the Council, or their designees. The
Regional Administrator and the appeals committee would be empowered
only to deliberate whether the eligibility criteria were applied
correctly in the appellant's case. In making that determination, the
Regional Administrator or the appeals committee members would consider
only disputed calculations and determinations based on the
documentation provided, including transfers of landings records.
Neither the appeals committee nor the Regional Administrator would be
empowered to consider whether a person should have been eligible for
historical captain status or a Class 2 license because of hardship or
other factors.
Amendment 15 would allow transfer of red snapper licenses to
permitted reef fish vessels without restriction. This would encourage
flexibility in participation in the fishery.
Changes to Timing of Red Snapper Commercial Harvest
Amendment 15 and the proposed rule would split the red snapper
commercial fishing season into two time periods starting in 1998, the
first commencing February 1 with two-thirds of the annual quota
available, and the second commencing on September 1 with the remainder
of the annual quota available. This measure is intended to enhance
planning of fishing activities by ensuring sufficient advance
notification of each year's opening dates. A split commercial harvest
period has been implemented in recent years by regulatory amendment.
Amendment 15 and the proposed rule would open the red snapper
commercial fishery at noon on the first of each month and close it at
noon on the 15th of each month, during the commercial red snapper
season. The Council proposed, and NMFS approved, a regulatory amendment
that included a similar measure starting September 2, 1997, for the
remainder of the 1997 commercial season (62 FR 46677, September 4,
1997). Allowing commercial harvest only during the first 15 days of
each month would help extend the length of the fishing season. This
extension of the fishing season may reduce ex-vessel prices. Any
reduction in revenues would be offset, to some degree, by reduced costs
for vessel/gear maintenance and repair (due to preventive maintenance
during closed periods) and associated increases in efficiency of
fishing operations. However, the 15-day harvest period followed by a
15-day closure could result in a series of mini-derbies as fishermen
compete to get their share of the commercial quota.
Monitoring and enforcement costs would increase as a function of
the number of 15-day periods the fishery is open. However, closing the
commercial red snapper fishery for the rest of the month after the 15-
day harvest period should allow fishermen time to perform preventive
maintenance and minor repairs before the fishery opens the following
month. This should improve safety and avoid the higher repair costs
that can occur when normal, preventive maintenance is postponed.
Restriction on Possession of Reef Fish Harvested in Traps Other
Than Fish Traps
Current regulations do not limit the amount of reef fish that may
be harvested in traps other than fish traps, provided the vessel has a
reef fish permit. This creates a loophole for directed harvest of reef
fish by other trap gear, including blue crab traps. Anecdotal
information indicates that some persons are using blue crab traps to
target reef fish in the EEZ off the Big Bend area of Florida. It is
believed that these persons do not possess fish trap endorsements and,
in some cases, commercial reef fish vessel permits.
To address this loophole, Amendment 15 and the proposed rule would
restrict the possession of reef fish on a vessel that has on board, or
is tending, a trap other than a stone crab, spiny lobster, or permitted
reef fish trap, to the bag limits. The measure should enhance
enforcement by discouraging directed harvest of reef fish by fishermen
allegedly fishing blue crab traps. Blue crabs are seldom found in the
EEZ off Florida, and rarely in commercial quantities.
Increase in the Minimum Size Limit for Vermilion Snapper
Amendment 15 and the proposed rule would extend indefinitely the
10-inch (25.4-cm) minimum size limit established by temporary interim
rule (62 FR 47765, September 11, 1997). That temporary interim rule,
which expires on March 11, 1997, increased the minimum size limit from
8 inches (20.3 cm) pending the development, approval, and
implementation of Amendment 15. Because the interim rule has already
appropriately modified the regulatory text for the 10-inch (25.4-cm)
minimum size limit, the proposed rule would not modify the regulatory
text.
The minimum size limit increase from 8 inches (20.3 cm) to 10
inches (25.4 cm) responds to the 1996 vermilion snapper stock
assessment, a 1997 Addendum to that assessment, and Reef Fish Stock
Assessment Panel (SAP) Reports. In those documents, fishery scientists
concluded that the vermilion snapper resource, while not currently
overfished, is undergoing overfishing based on decreasing trends in
overall catch, mean size of individual fish, catch-per-unit-effort, and
estimated numbers of age-1 fish in the population. The intent of the
increase in the minimum size limit is to help mitigate the need for
more restrictive vermilion snapper management measures in the future
(e.g., quotas, additional increases in minimum size, and reductions in
bag limits). A 10-inch minimum size limit reduces fishing mortality,
increases the vermilion snapper spawning potential ratio (SPR), and
thereby improves the status of the resource.
The Council recognized that, if the declining trends continue,
additional regulatory action will be needed to prevent vermilion
snapper from becoming overfished. The Council has
[[Page 55207]]
requested that a stock assessment on vermilion snapper be completed by
the Southeast Fisheries Science Center (SEFSC) in 1998 to allow
development of appropriate management actions. Such actions would be
accomplished under the FMP's framework procedure, or by an additional
FMP amendment.
Seasonal Closure of the Commercial Fishery for Greater Amberjack
NMFS prepared a stock assessment that indicated greater amberjack
is relatively healthy (i.e., the SPR was estimated at 43 percent in
1994, well above the overfished threshold). However, given the
uncertainty associated with the assessment, and based on recent data
showing declines in effort, average size, and landings of greater
amberjack, the Council and the Reef Fish Stock Assessment Panel
determined that the stock assessment was too optimistic. In response to
that information, the Council proposed in Amendment 12, and NMFS
implemented, a reduction in the greater amberjack recreational bag
limit from three fish to one fish (61 FR 65983, December 16, 1996).
The Council believes a seasonal closure of commercial harvest of
greater amberjack is necessary to reduce fishing mortality; ensure that
commercial effort does not negate stock rebuilding resulting from the
recent bag limit reduction; and provide more equitable sharing of the
burden of stock rebuilding between the recreational and commercial
sectors. Accordingly, Amendment 15 and the proposed rule would close
the commercial fishery during March, April, and May of each year. This
measure was found by the SEFSC to be based on the best available
scientific information.
Removal of Sea Basses, Grunts, and Porgies From the FMP
Amendment 15 and the proposed rule would remove sea basses, grunts,
and porgies from the FMP. Removal of these species was proposed by the
Council in response to public testimony that severe, adverse economic
effects resulted from Amendment 12's inclusion of sea basses, grunts,
and porgies in the 20-fish aggregate bag limit for species for which
there is no other bag limit. Public testimony was primarily from
headboat operators who indicated that many of their repeat customers
had typically harvested these species (primarily grunts) in excess of
the 20-fish aggregate bag limit.
Sea basses, grunts, and porgies are harvested predominantly off
Florida. The Council determined that if these species were removed from
the FMP, they could be effectively managed by Florida without
conservation risk. The Council representative from the Florida Marine
Fisheries Commission (FMFC) stated that the FMFC has scheduled public
hearings on potential management measures for these species.
Since Amendment 15 does not include a delegation of management
authority to Florida, although such a delegation can be authorized
under Section 306(a)(3)(B) of the Magnuson-Stevens Act, Florida would
not be empowered to regulate a person aboard a vessel registered in
another state, unless that vessel landed fish in Florida. However,
landings of these species are insignificant outside Florida, and, given
their relatively low value, the economic incentive for out of state
vessels to harvest these species off Florida but land the catch in
another state is minimal. Proposal of this measure also is consistent
with the President's Regulatory Reinvention Initiative of March 4,
1995, that directs Federal agencies, among several things, to consider
eliminating Federal regulations where the states can assume the
necessary regulatory function.
Removal of Species From the Aggregate Bag Limit for Reef Fish
The regulations implementing Amendment 12 to the FMP established a
20-fish aggregate bag limit for species of reef fish not otherwise
subject to a bag limit. In Amendment 12, the Council intended that the
aggregate bag limit apply only to species in the ``management unit'' of
the FMP. However, 11 species that are in the FMP, but are not in the
``management unit,'' were inadvertently included in the aggregate bag
limit.
The Council concluded that the unintended inclusion of these 11
species in the aggregate bag limit resulted in an unnecessary burden on
recreational fishermen, who use some of them (primarily pinfish and
sand perch) as bait. Accordingly, Amendment 15 and the proposed rule
would exclude these species from the aggregate bag limit. Seven of the
11 species are sea basses, grunts, and porgies. If, as discussed above,
sea basses, grunts, and porgies are removed from the FMP, these seven
species would be automatically excluded from the aggregate bag limit.
The remaining four species--sand perch, dwarf sand perch, hogfish, and
queen triggerfish--would be excluded from the aggregate bag limit by
this action.
Availability of and Comments on Amendment 15
Additional background and rationale for the measures discussed
above are contained in Amendment 15, the availability of which was
announced in the Federal Register on September 26, 1997 (62 FR 50553).
Written comments on Amendment 15 are solicited and must be received by
November 25, 1997. Comments that are received by November 25, 1997,
whether specifically directed to the amendment or the proposed rule,
will be considered in the approval/disapproval decision on Amendment
15. Comments received after that date will not be considered in the
approval/disapproval decision. All comments received on Amendment 15 or
on this proposed rule during their respective comment periods will be
addressed in the preamble to the final rule.
Change Proposed by NMFS
NMFS proposes to exempt four species from the prohibition on their
being taken by use of a powerhead in the stressed area, the near-shore
portion of the Gulf of Mexico EEZ where the majority of fishing for
reef fish occurs. Appendix B, Table 2 of 50 CFR part 622 sets forth the
coordinates of the stressed area. As discussed above, there are 11
species in the FMP that are not in the management unit. If Amendment
15's proposal to remove sea basses, grunts, and porgies from the FMP is
approved, only sand perch, dwarf sand perch, hogfish, and queen
triggerfish would remain in the FMP but not in the management unit.
Commencing with the original regulations implementing the FMP (49
FR 39548, October 9, 1984), the use of a powerhead in the stressed area
to take reef fish species in the FMP management unit has been
prohibited. Such prohibition did not apply to species in the FMP but
not in the management unit. No other management measures distinguished
between reef fish species in the management unit and those not in the
management unit. By interim final and final rules (61 FR 34930, July 3,
1996, and 61 FR 47821, September 11, 1996), NMFS consolidated 11 CFR
parts covering most of the fisheries conducted in the Southeast Region,
NMFS, into 50 CFR part 622. In the process of that consolidation, the
prohibition on the taking of reef fish species in the stressed area
with a powerhead was expanded erroneously to include species in the FMP
but not in the management unit. Accordingly, to conform to the intent
of the Council regarding species for which
[[Page 55208]]
a powerhead may not be used in the stressed area, NMFS proposes to
exempt sand perch, dwarf sand perch, hogfish, and queen triggerfish
from that prohibition. However, if Amendment 15's proposed removal from
the FMP of sea basses, grunts, and porgies is not approved, NMFS would
remove all 11 species currently in the FMP but not in the management
unit from the powerhead prohibition.
Classification
At this time, NMFS has not determined that the amendment that this
rule would implement is consistent with the national standards of the
Magnuson-Stevens Act and other applicable laws. NMFS, in making that
determination, will take into account the data, views, and comments
received during the comment period on Amendment 15.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Council prepared an IRFA that describes the impact this
proposed rule, if adopted, would have on small entities. Based on the
IRFA, NMFS has concluded that Amendment 15, if approved and implemented
through final regulations, would have significant economic impacts on a
substantial number of small entities. The IRFA is summarized as
follows.
The Council intends that the proposed management measures will:
Increase the stability of the commercial red snapper fishery in terms
of fishing patterns and markets, while also reducing harvesting
capacity; promote flexibility for and safety of commercial red snapper
fishermen in their fishing operations; provide for cost-effective and
enforceable management of the reef fish fishery by removing certain
species from the FMP and restricting use of certain non-fish traps to
catch reef fish; reduce fishing mortality of vermilion snapper, which
is in danger of becoming overfished, and greater amberjack, which
appears to be declining in abundance; and limit the application of the
20-fish aggregate bag limit to species listed in the FMP management
unit, thereby relieving recreational fishermen of an unnecessary
burden. The Magnuson-Stevens Act provides the legal basis for the rule.
Amendment 15 would affect all of the 1,424 commercial reef fish
harvesting firms and 930 for-hire vessels (838 charter vessels and 92
headboats) operating in the Gulf of Mexico. These commercial and
recreational entities are considered small business entities for the
purposes of the Regulatory Flexibility Act, because their annual gross
revenues are less than $3 million and $5 million, respectively.
Therefore, a substantial number of small entities are expected to be
affected for purposes of the Regulatory Flexibility Act.
The commercial red snapper license and trip limit system is
expected to include practically all current participants in the
commercial red snapper fishery. Based on historical landings, the
potential change in the distribution of revenues could be higher than 5
percent relative to the 1996 share for an unknown number of these
vessels. The provisions of Amendment 15 regarding commercial red
snapper fishing seasons have potential impacts on revenues. These
impacts have been determined to reduce ex-vessel revenues by an unknown
amount.
The potential reduction in revenues due to the non-fish trap
harvest provision is unknown. The proposed increase in minimum size
limit for vermilion snapper would reduce commercial ex-vessel revenues
by less than 5 percent, since landings reductions have been estimated
to be only about 1.6 percent. On the other hand, the minimum size limit
increase would reduce recreational landings by about 23 percent,
primarily in the for-hire sector. The proposed removal of species from
the FMP and 20-fish aggregate bag limit are not expected to reduce
revenues.
Revenue reduction from the proposed spawning season closure for
greater amberjack could be as high as 22 percent. While amberjack
revenues account for only 4.7 percent of commercial reef fish revenues,
a revenue reduction of 22 percent for those fishermen who target
amberjack would be significant.
The total public burden to comply with the provisions of Amendment
15 has been estimated at $35,000 annually--an insignificant portion of
the total industry costs. However, entry costs by new red snapper
fishery participants could account for more than 5 percent of total
operating costs. As a result, annual compliance costs (e.g., annualized
capital, operating, reporting) could increase total costs of production
for some small entities by more than 5 percent.
The IRFA also discusses information available regarding the ability
of small business fishing firms to finance items such as a switch to
new gear. Available information, however, is not sufficient to estimate
whether capital costs of compliance represent a significant portion of
capital available to small entities.
It is unknown whether this proposed rule is likely to result in 2
percent of the small entities affected being forced to cease business
operations. The adoption of a license limitation system would preclude
some vessels from re-entering the commercial red snapper fishery
without leasing or buying licenses, but those vessels could still
harvest other reef fish if they possess valid commercial reef fish
permits. The vermilion snapper minimum size limit and spawning season
closure for greater amberjack would reduce revenues of some vessels,
but the affected entities are not expected to cease operation.
No duplicative, overlapping, or conflicting Federal rules have been
identified. The reporting, recordkeeping, and other compliance
requirements of the proposed rule are not materially different from the
current practice, with the possible exception of license renewal. No
additional professional skills are required to comply with the proposed
rule.
The Council considered several types of alternatives designed to
meet the FMP objectives. With respect to the license limitation
program, the status quo (i.e., continuation of the current endorsement
system) is not considered a viable alternative since it provides little
opportunity for new entities to enter the fishery. Some unknown amount
of revenue could be forgone by adopting the proposed split monthly
harvest period alternative. Other specific alternatives were
considered, but are generally found to be more costly to the fishery
participants.
Regarding vermilion snapper minimum size limits, under the status
quo (i.e., an 8-inch (20.3-cm) size limit after expiration of the
interim rule) the status of the stocks would deteriorate, which could
have potentially significant adverse short-term impacts on the stock
and the industry over the long-run. The other rejected vermilion
snapper management alternative was a 12-inch (30.5-cm) minimum size
limit. This rejected alternative could effect an immediate and
substantial revenue reduction on both the commercial vessels and for-
hire vessels by potentially causing a loss of as much as 25 percent and
69 percent in landings, respectively.
Regarding the spawning season closure for greater amberjack, both
rejected alternatives would have less adverse short-term impacts on
fishing participants. However, the proposed spawning season closure
responds to landings information indicating a declining status of the
stock; therefore, the proposed spawning season closure could prevent
potential long-term negative impacts associated with the two rejected
alternatives.
[[Page 55209]]
The alternatives proposed in the remainder of Amendment 15,
compared to the corresponding rejected alternatives, were generally
shown to better address problems in the fishery. A copy of the IRFA is
available from the Council (see ADDRESSES).
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act (PRA) unless that collection of information
displays a currently valid OMB Control Number.
This rule contains two new, one-time collection-of-information
requirements subject to the PRA--namely, the submission of copies of
agreements whereby a vessel's record of landings was not transferred
when the vessel was sold and the submission of appeals of the Regional
Administrator's initial determination of eligibility for historical
captain status or a Class 2 red snapper license. These collection-of-
information requirements have been submitted to OMB for approval. The
public reporting burdens for these collections of information are
estimated at 15 and 45 minutes per response, respectively, including
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collections of information.
Public comment is sought regarding: Whether these proposed
collections of information are necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; the accuracy of the burden estimates; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collections 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 collections of information, to NMFS
and OMB (see ADDRESSES).
This rule would continue in effect the collection-of-information
requirement associated with the transfer or renewal of commercial red
snapper endorsements, which would be applied to commercial red snapper
licenses under Amendment 15. This collection of information was
previously approved by OMB under OMB control number 0648-0205.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: October 17, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, 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, AND SOUTH ATLANTIC
1. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 622.4, paragraph (a) introductory text, paragraph (a)(2)
heading, and paragraphs (a)(2)(ix), (d), (g), (i) through (l), and (p)
are revised to read as follows:
Sec. 622.4 Permits and fees.
(a) Permits required. To conduct activities in fisheries governed
in this part, valid permits, licenses, and endorsements are required as
follows:
* * * * *
(2) Commercial vessel permits, licenses, and endorsements.
* * * * *
(ix) Gulf red snapper. For a person aboard a vessel for which a
commercial vessel permit for Gulf reef fish has been issued to retain
red snapper under the trip limits specified in Sec. 622.44(e)(1) or
(2), a Class 1 or Class 2 Gulf red snapper license must have been
issued to the vessel and must be on board. See paragraph (p) of this
section regarding initial issue of red snapper licenses.
* * * * *
(d) Fees. A fee is charged for each application for a permit,
license, or endorsement submitted under this section, for each request
for transfer or replacement of such permit, license, or endorsement,
and for each fish trap or sea bass pot identification tag required
under Sec. 622.6(b)(1)(i). The amount of each fee is calculated in
accordance with the procedures of the NOAA Finance Handbook, available
from the RD, for determining the administrative costs of each special
product or service. The fee may not exceed such costs and is specified
with each application form. The appropriate fee must accompany each
application, request for transfer or replacement, or request for fish
trap/sea bass pot identification tags.
* * * * *
(g) Transfer. A vessel permit, license, or endorsement or dealer
permit issued under this section is not transferable or assignable,
except as provided in paragraph (m) of this section for a commercial
vessel permit for Gulf reef fish, paragraph (n) of this section for a
fish trap endorsement, or paragraph (p) of this section for a red
snapper license. A person who acquires a vessel or dealership who
desires to conduct activities for which a permit, license, or
endorsement is required must apply for such permit, license, or
endorsement in accordance with the provisions of this section. If the
acquired vessel or dealership is currently permitted, the application
must be accompanied by the original permit and a copy of a signed bill
of sale or equivalent acquisition papers.
* * * * *
(i) Display. A vessel permit, license, or endorsement issued under
this section must be carried on board the vessel. A dealer permit
issued under this section, or a copy thereof, must be available on the
dealer's premises. In addition, a copy of the dealer's permit must
accompany each vehicle that is used to pick up from a fishing vessel
reef fish harvested from the Gulf EEZ. The operator of a vessel must
present the permit, license, or endorsement for inspection upon the
request of an authorized officer. A dealer or a vehicle operator must
present the permit or a copy for inspection upon the request of an
authorized officer.
(j) Sanctions and denials. A permit, license, or endorsement issued
pursuant to this section may be revoked, suspended, or modified, and a
permit, license, or endorsement application may be denied, in
accordance with the procedures governing enforcement-related permit
sanctions and denials found at 15 CFR part 904, subpart D.
(k) Alteration. A permit, license, or endorsement that is altered,
erased, or mutilated is invalid.
(l) Replacement. A replacement permit, license, or endorsement may
be issued. An application for a replacement permit, license, or
endorsement is not considered a new application.
* * * * *
(p) Gulf red snapper licenses--(1) Class 1 licenses. To be eligible
for the 2,000-lb (907-kg) trip limit for Gulf red snapper specified in
Sec. 622.44(e)(1), a vessel must have been issued both a valid
commercial vessel permit for Gulf reef fish and a valid Class 1 Gulf
red snapper license, and such permit and license must be on board.
(2) Class 2 licenses. To be eligible for the 200-lb (91-kg) trip
limit for Gulf red snapper specified in Sec. 622.44(e)(2), a vessel
must have been issued both a
[[Page 55210]]
valid commercial vessel permit for Gulf reef fish and a valid Class 2
Gulf red snapper license, and such permit and license must be on board.
(3) Operator restriction. An initial Gulf red snapper license that
is issued for a vessel based on the qualification of an operator or
historical captain is valid only when that operator or historical
captain is the operator of the vessel. When applicable, this operator
restriction is shown on the license.
(4) Transfer of Gulf red snapper licenses. A red snapper license
may be transferred to a vessel owner independently of a commercial
vessel permit for Gulf reef fish by completing the transfer information
on the reverse of the license and returning it to the RD.
(5) Initial issue of Gulf red snapper licenses--(i) Class 1
licenses. (A) An initial Class 1 license is issued for the vessel
specified by the holder of a valid red snapper endorsement on March 1,
1997, and to a historical captain. In the event of death or disability
of such holder between March 1, 1997, and the date Class 1 licenses are
issued, the Class 1 license is issued for the vessel specified by the
person to whom the red snapper endorsement was transferred.
(B) Status as a historical captain is based on information
collected under Amendment 9 to the Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico (FMP). A historical captain is an
operator who--
(1) From November 6, 1989, through 1993, fished solely under verbal
or written share agreements with an owner, and such agreements provided
for the operator to be responsible for hiring the crew, who was paid
from the share under his or her control;
(2) Landed from that vessel at least 5,000 lb (2,268 kg) of red
snapper per year in 2 of the 3 years 1990, 1991, and 1992;
(3) Derived more than 50 percent of his or her earned income from
commercial fishing, that is, sale of the catch, in each of the years
1989 through 1993; and
(4) Landed red snapper prior to November 7, 1989.
(ii) Class 2 licenses. (A) An initial Class 2 license is issued for
the vessel specified by an owner or operator whose income qualified for
a commercial vessel permit for reef fish that was valid on March 1,
1997, and such owner or operator was the person whose earned income
qualified for a commercial vessel permit for reef fish that had a
landing of red snapper during the period from January 1, 1990, through
February 28, 1997.
(B) For the purpose of paragraph (p)(5)(ii)(A) of this section,
landings of red snapper are as recorded in the information collected
under Amendment 9 to the FMP for the period 1990 through 1992 and in
fishing vessel logbooks, as required under Sec. 622.5(a)(1)(ii),
received by the SRD not later than March 31, 1997, for the period from
January 1, 1993, through February 28, 1997.
(C) A vessel's red snapper landings record during the period from
January 1, 1990, through February 28, 1997, is retained by the owner at
the time of the landings if he or she transferred the permit to another
vessel owned by him or her. When a vessel has had a change of ownership
and concurrent transfer of its permit, the vessel's red snapper
landings record is credited to the owner of that vessel on March 1,
1997, unless there is a legally binding agreement under which a
previous owner retained the landings record. An owner who claims such
retention of a landings record must submit a copy of the agreement to
the RD postmarked or hand delivered not later than January 6, 1998.
(6) Implementation procedures--(i) Initial notification. The RD
will notify each owner of a vessel that had a valid permit for Gulf
reef fish on March 1, 1997, each operator whose earned income qualified
for a valid permit on that date, and each potential historical captain
of his or her eligibility for a Class 1 or Class 2 red snapper license.
Initial determinations of eligibility will be based on NMFS' records of
red snapper endorsements, red snapper landings during the period from
January 1, 1990, through February 28, 1997, and applications for
historical captain status under Amendment 9 to the FMP. An owner,
operator, or potential historical captain who concurs with NMFS'
initial determination of eligibility need take no further action--if
determined to be eligible, an appropriate license will be issued not
later than January 23, 1998.
(ii) Appeals. (A) An appeal of the RD's initial decision regarding
eligibility for historical captain status or for a Class 2 red snapper
license may be submitted for reconsideration solely by the RD or to an
ad hoc appeals committee consisting of the principal state officials
who are members of the GMFMC, or their designees.
(B) The RD and the appeals committee are empowered only to
deliberate whether the eligibility criteria in paragraph (p)(5) of this
section were applied correctly in the appellant's case. In making that
determination, the RD or the appeals committee members will consider
only disputed calculations and determinations, including disputed
transfers of landings records, based on the documentation provided.
Neither the appeals committee nor the RD is empowered to consider
whether a person should have been eligible for historical captain
status or a Class 2 license because of hardship or other factors.
(C) A written request for consideration of an appeal must be
submitted to the RD postmarked or hand delivered not later than January
13, 1998, and must provide written documentation supporting the basis
for the appeal. An appellant may also make a personal appearance before
the appeals committee. If consideration by the appeals committee is
requested, such request constitutes the appellant's written
authorization under section 402(b)(1)(F) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) for
the RD to make available to the appeals committee members such
confidential catch and other records as are pertinent to the matter
being appealed.
(D) The appeals committee will meet only once to consider appeals
submitted within the time period specified in paragraph (p)(6)(iii)(C)
of this section. Members of the appeals committee will provide their
individual recommendations for each appeal referred to the committee to
the RD. Members of the appeals committee may comment upon whether the
eligibility criteria were correctly applied in each case, based solely
on the available record, including documentation submitted by the
appellant. The RD will decide the appeal based on the initial
eligibility criteria in paragraph (p)(5) of this section and the
available record, including documentation submitted by the appellant
and, if the appeal is considered by the appeals committee, the
recommendations and comments from members of the appeals committee. The
RD will notify the appellant of the decision and the reason therefore,
in writing, normally within 15 days of receiving the recommendations of
the appeals committee members. The RD's decision will constitute the
final administrative action by NMFS on an appeal.
3. In Sec. 622.7, paragraphs (a) through (c) are revised to read as
follows:
Sec. 622.7 Prohibitions.
* * * * *
(a) Engage in an activity for which a valid Federal permit,
license, or endorsement is required under Sec. 622.4 or Sec. 622.17
without such permit, license, or endorsement.
[[Page 55211]]
(b) Falsify information on an application for a permit, license, or
endorsement or submitted in support of such application, as specified
in Sec. 622.4(b), (g), or (p) or Sec. 622.17.
(c) Fail to display a permit, license, or endorsement, as specified
in Sec. 622.4(i) or Sec. 622.17(g).
* * * * *
4. In Sec. 622.34, a sentence is added at the end of paragraph
(g)(1) and paragraph (l) is revised to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(g) * * *
(1) * * * The provisions of this paragraph (g)(1) do not apply to
the following species: dwarf sand perch, hogfish, queen triggerfish,
and sand perch.
* * * * *
(l) Closures of the commercial fishery for red snapper. The
commercial fishery for red snapper in or from the Gulf EEZ is closed
from January 1 to noon on February 1 and thereafter from noon on the
15th of each month to noon on the first of each succeeding month. All
times are local times. During these closed periods, the possession of
red snapper in or from the Gulf EEZ and in the Gulf on board a vessel
for which a commercial permit for Gulf reef fish has been issued, as
required under Sec. 622.4(a)(2)(v), without regard to where such red
snapper were harvested, is limited to the bag and possession limits, as
specified in Sec. 622.39(b)(1)(iii) and (b)(2), respectively, and such
red snapper are subject to the prohibition on sale or purchase of red
snapper possessed under the bag limit, as specified in
Sec. 622.45(c)(1).
5. In Sec. 622.36, the introductory text and paragraphs (a), (b),
and (c) are redesignated as paragraph (b) introductory text and
paragraphs (b)(1), (b)(2), and (b)(3), respectively, and paragraph (a)
is added to read as follows:
Sec. 622.36 Seasonal harvest limitations.
(a) During March, April, and May, each year, the possession of
greater amberjack in or from the Gulf EEZ and in the Gulf on board a
vessel for which a commercial permit for Gulf reef fish has been
issued, as required under Sec. 622.4(a)(2)(v), without regard to where
such greater amberjack were harvested, is limited to the bag and
possession limits, as specified in Sec. 622.39(b)(1)(i) and (b)(2),
respectively, and such greater amberjack are subject to the prohibition
on sale or purchase of greater amberjack possessed under the bag limit,
as specified in Sec. 622.45(c)(1).
* * * * *
6. In Sec. 622.39, paragraph (a)(2) introductory text is
republished, paragraph (a)(2)(iv) is added, and paragraph (b)(1)(v) is
revised to read as follows:
Sec. 622.39 Bag and possession limits.
(a) * * *
(2) Paragraph (a)(1) of this section notwithstanding, bag and
possession limits also apply for Gulf reef fish in or from the EEZ to a
person aboard a vessel that has on board a commercial permit for Gulf
reef fish--
* * * * *
(iv) When the vessel has on board or is tending any trap other than
a fish trap authorized under Sec. 622.40(a)(2), a stone crab trap, or a
spiny lobster trap.
(b) * * *
(1) * * *
(v) Gulf reef fish, combined, excluding those specified in
paragraphs (b)(1)(i) through (iv) of this section and excluding dwarf
sand perch, hogfish, queen triggerfish, and sand perch--20.
* * * * *
7. In Sec. 622.42, paragraph (a)(1)(i) is revised to read as
follows:
Sec. 622.42 Quotas.
(a) * * *
(1) * * *
(i) Red snapper--4.65 million lb (2.11 million kg), round weight,
apportioned as follows:
(A) 3.06 million lb (1.39 million kg) available at noon on February
1 each year, subject to the closure provisions of Secs. 622.34(l) and
622.43(a)(1)(i).
(B) The remainder available at noon on September 1 each year,
subject to the closure provisions of Secs. 622.34(l) and
622.43(a)(1)(i).
* * * * *
8. In Sec. 622.44, paragraph (e) is revised to read as follows:
Sec. 622.44 Commercial trip limits.
* * * * *
(e) Gulf red snapper. (1) The trip limit for red snapper in or from
the Gulf for a vessel that has on board a valid commercial permit for
Gulf reef fish and a valid Class 1 red snapper license is 2,000 lb (907
kg), round or eviscerated weight.
(2) The trip limit for red snapper in or from the Gulf for a vessel
that has on board a valid commercial permit for Gulf reef fish and a
valid Class 2 red snapper license is 200 lb (91 kg), round or
eviscerated weight.
(3) The trip limit for red snapper in or from the Gulf for any
other vessel for which a commercial permit for Gulf reef fish has been
issued is zero.
(4) As a condition of a commercial vessel permit for Gulf reef
fish, as required under Sec. 622.4(a)(2)(v), without regard to where
red snapper are harvested or possessed, a vessel that has been issued
such permit--
(i) May not possess red snapper in or from the Gulf in excess of
the appropriate vessel trip limit, as specified in paragraphs (e)(1)
through (3) of this section.
(ii) May not transfer or receive at sea red snapper in or from the
Gulf.
* * * * *
Appendix A to Part 622 [Amended]
9. In Table 3 of appendix A to part 622, the family Haemulidae--
Grunts and the three species and scientific names thereunder are
removed; under the family Serranidae, the species Bank sea bass, Rock
sea bass, and Black sea bass and their scientific names are removed and
the family name ``Serranidae--Sea Basses and Groupers'' is revised to
read ``Serranidae--Groupers''; and the family Sparidae--Porgies and the
six species and scientific names thereunder are removed.
[FR Doc. 97-28166 Filed 10-22-97; 8:45 am]
BILLING CODE 3510-22-F
