[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Proposed Rules]
[Pages 14261-14262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6451]
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DEPARTMENT OF COMMERCE
50 CFR Part 649
[Docket No. 950224059-5059-01; I.D. 011195C]
RIN 0648-AH36
American Lobster Fishery; Framework Adjustment 2
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes measures contained in Framework Adjustment 2 to
the American Lobster Fishery Management Plan (FMP). This framework
adjustment would change the eligibility requirements for lobster
limited access permits to address potentially unequal standards for
lobster fishers who reside in different states.
DATES: Comments on the proposed rule must be received on or before
March 30, 1995.
ADDRESSES: Comments on the proposed rule, Framework Adjustment 2, or
supporting documents should be sent to Jon Rittgers, Acting Regional
Director, National Marine Fisheries Service, Northeast Regional Office,
1 Blackburn Drive, Gloucester, MA 01930. Mark the outside of the
envelope ``Comments on Lobster Framework 2.''
Copies of Amendment 5 to the FMP, including the regulatory impact
review (RIR), initial regulatory flexibility analysis (IRFA), and final
supplemental environmental impact statement (FSEIS) are available from
Douglas Marshall, Executive Director, New England Fishery Management
Council, 5 Broadway, Saugus, MA 01906-1097.
FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst,
508-281-9273.
SUPPLEMENTARY INFORMATION:
Background
Currently, eligibility for a Federal lobster limited access permit
can be established with a vessel's or a person's state permit history
(59 FR 31938, June 21, 1994). Because the various states have not had
uniform permitting systems, potentially unequal eligibility criteria
were inadvertently created for lobster fishers who reside in different
states.
To qualify for a limited access American lobster permit, which may
be issued only to a vessel, the vessel or vessel owner must have been
issued a Federal American lobster permit, or a federally endorsed state
lobster permit, and must have landed American lobster prior to March
25, 1991. Because this rule would change the qualification criteria for
obtaining a limited access American lobster permit for 1995, it would
also change the dates by which vessel owners are required to obtain
permits. In states with Federal endorsement programs, such as Maine,
fishers who did not own a lobster vessel could use their state permit
to qualify for a Federal limited access permit; however, in other
states lacking a Federal lobster permit endorsement program, such as
Rhode Island, fishers who did not own a lobster vessel and thus had no
state permit could not qualify for a Federal limited access permit. For
example, a person serving as a crew member in Maine could potentially
qualify for a Federal limited access permit, whereas a person employed
in the same job on a lobster boat licensed by Rhode Island could not be
eligible. Such a result could violate the Magnuson Fishery Conservation
and Management Act, 16 U.S.C. Sec. 1801 et seq., which prohibits, among
other things, discrimination between residents of different states.
This proposed action would eliminate the potentially unequal
eligibility criteria for lobster fishers residing or fishing in
different states. In order to obtain a Federal limited access lobster
permit, all permit applicants who base their eligibility on a federally
endorsed state license would be required to demonstrate that they owned
a boat and used it to land lobsters during the qualification period.
These applicants would be required to show proof of ownership of a
fishing vessel and of having landed lobsters from that vessel prior to
March 25, 1991.
Sections of the current regulations dealing with transferability of
permit eligibility are written from the perspective of Federal permits
issued to vessels. As a result, the regulations are not directly
applicable to the transfer of eligibility based on federally endorsed
state lobster permits that are issued to individuals. To be consistent
with the transferability of eligibility associated with federally
permitted vessels, this rule proposes regulatory language at
Sec. 649.4(b)(1)(i)(B)(2) and (b)(3)(ii) to clarify that eligibility
based on a federally endorsed state lobster permit can be transferred
with the sale of a vessel after March 25, 1991, if the intent to
transfer such rights is verified by credible written evidence.
This adjustment is proposed through the framework process
(Sec. 649.43) and is within the scope of analyses contained in
Amendment 5 and the FSEIS. Supplemental rationale and analyses of
expected biological effects, economic impacts, impacts on employment,
and safety concerns are contained within the supporting documents for
Framework Adjustment 2 (see ADDRESSES).
The New England Fishery Management Council (Council) followed the
framework procedure codified in 50 CFR part 649, subpart C, when making
adjustments to the FMP, by developing and analyzing the actions at two
Council meetings, on September 21-22 and October 28-29, 1994. However,
because this action was initiated at the first of these meetings
without adequate notice to the public, the Council recommended that
NMFS publish the measures contained in Framework Adjustment 2 as a
proposed rule to ensure that the public is afforded sufficient prior
notice and an opportunity for comment.
In accordance with the regulations, public comments on the
framework adjustment were solicited by the Council during its September
21-22 and October 28-29, 1994, meetings. No comments were received on
the proposed adjustment.
This rule also proposes several minor modifications to
Secs. 649.4(p) and (q) to ease the public's administrative burden and
to conform the requirement to the Council's recommendation.
Classification
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation,
Department of Commerce has certified to the Chief
[[Page 14262]] Counsel for Advocacy, Small Business Administration,
that this proposed rule, if promulgated in final, would not affect a
substantial number of small entities. The proposed rule will affect
only those fishers who base their application for a Federal limited
access lobster permit on a federally endorsed state permit and who
purchased a boat since the March 25, 1991, control date. The analysis
concludes that no more than 13.6 percent of the total number of fishers
meet both criteria. It is not possible to know how many, if any, of
these fishers will actually apply for a permit. As a result, a
Regulatory Flexibility Analysis was not prepared.
List of Subjects in 50 CFR Part 649
Fisheries, Reporting and recordkeeping requirements.
Dated: March 10, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 649 is
proposed to be amended as follows:
PART 649--AMERICAN LOBSTER FISHERY
1. The authority citation for part 649 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 649.4, the first sentence of paragraph (a)(1), the first
sentence of paragraph (b) introductory text, and paragraphs (b)(1)(i),
(b)(2)(i), (b)(3), (p), and (q) are revised; and paragraph (b)(2)(iii)
is added to read as follows:
Sec. 649.4 Vessel permits.
(a) * * *
(1) Through April 30, 1995, any vessel of the United States fishing
for American lobster in the EEZ must have been issued and carry onboard
a valid permit required by or issued under this part. * * *
(b) * * * From May 1, 1995, through December 31, 1999, any vessel
of the United States that fishes for, possesses, or lands American
lobster in or harvested from the EEZ must have been issued and carry
onboard a valid Federal limited access American lobster permit. * * *
(1) * * *
(i) To be eligible for a limited access permit for 1995, a vessel
or the permit applicant must meet one of the following criteria:
(A) The vessel was issued a Federal American lobster permit and
landed American lobster while in possession of the lobster permit prior
to March 25, 1991; or
(B) Either: (1) The permit applicant was issued a federally
endorsed state American lobster permit, and landed American lobster
prior to March 25, 1991, and owned a vessel that landed American
lobster while in possession of the lobster permit prior to March 25,
1991; or
(2) The vessel was owned by a person who landed lobster prior to
March 25, 1991, while in possession of a valid federally endorsed state
American lobster permit, and the vessel was transferred to the current
vessel owner in accordance with the exception to the presumption
specified in paragraph (b)(3)(ii) of this section; or
(C) The permit applicant owned a vessel that was under written
agreement for construction or for re-rigging for directed American
lobster fishing as of March 25, 1991, and the vessel was issued a
Federal American lobster permit, or the vessel applicant was issued a
federally endorsed state American lobster permit, prior to March 25,
1992, and the vessel landed lobster while in possession of that permit;
or
(D) The vessel is replacing a vessel that meets any of the criteria
set forth in paragraphs (b)(1)(i)(A), (B), (C), or (D) of this section.
* * * * *
(2) * * *
(i) To be eligible to renew or apply for a limited access lobster
permit after 1995, a vessel or permit applicant must have been issued
either a limited access lobster permit or a confirmation of permit
history for the preceding year, or a vessel must be assuming a valid
limited access American lobster permit or permit history confirmation
from the preceding year. If more than one applicant claims eligibility
to apply for a limited access American lobster permit based on one
fishing and permit history, the Regional Director shall determine who
is entitled to qualify for the limited access permit or permit history
confirmation.
* * * * *
(iii) A limited access American lobster permit for 1996 will not be
issued unless an application for such permit is received by the
Regional Director on or before December 31, 1996.
(3) Change in ownership. (i) The fishing and permit history of a
vessel that qualifies under paragraphs (b)(1)(i)(A) and (C) of this
section is presumed to transfer with the vessel whenever it is bought,
sold or otherwise transferred, unless there is a written agreement,
signed by the transferor/seller and transferee/buyer, or other credible
written evidence, verifying that the transferor/seller is retaining the
vessel fishing and permit history for purposes of replacing the vessel.
(ii) The fishing and permit history of a vessel owner and a vessel
that qualifies under paragraphs (b)(1)(i)(B) and (C) of this section is
presumed to remain with such owner for any transfers of the vessel
before and including March 25, 1991; and for any transfers of ownership
of the vessel after March 25, 1991, the fishing and permit history
necessary to qualify for a limited access lobster permit under
paragraphs (b)(1)(i)(B) and (C) of this section is presumed to remain
with the last owner of the vessel as of or prior to March 25, 1991,
unless there is a written agreement, signed by the transferor/seller
and transferee/buyer, or other credible written evidence, verifying
that the transferor/seller is transferring the fishing and permit
history of a vessel necessary to qualify for a limited access lobster
permit under paragraph (b)(1)(i)(B) of this section to the transferee/
buyer.
* * * * *
(p) Limited access American lobster permit renewal. To apply for a
limited access American lobster permit in 1995, a completed application
must be received by the Regional Director by December 31, 1995. Failure
to renew a limited access American lobster permit or confirmation of
permit history in any year bars the renewal of such in subsequent
years.
(q) Abandonment or voluntary relinquishment of limited access
American lobster permits. If a vessel's limited access American lobster
permit or confirmation of permit history is voluntarily relinquished to
the Regional Director, or abandoned through failure to renew or
otherwise, no limited access American lobster permit or confirmation of
permit history may be re-issued or renewed based on that vessel's
history, or to any vessel relying on that vessel's history.
[FR Doc. 95-6451 Filed 3-15-95; 8:45 am]
BILLING CODE 3510-22-F
