[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Proposed Rules]
[Pages 32422-32424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15936]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 641
[Docket No. 960613174-6174-01; I.D. 050996C]
RIN 0648-AI71
Reef Fish Fishery of the Gulf of Mexico; Amendment 13
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 13 to
this Fishery Management Plan for the Reef Fish Resources of the Gulf of
Mexico (FMP). Amendment 13 would extend the red snapper vessel permit
endorsement and trip limit system until implementation of: The
individual transferable quota (ITQ) system approved under Amendment 8
to the FMP, or an alternate program to restrict access to the
commercial red snapper fishery, such as a limited license system. If
neither option is possible, the trip limit and endorsement provisions
would terminate on December 31, 1997. The intent effects of this rule
are to stabilize the fishery and to provide for controlled harvest
until a more comprehensive controlled access plan can be implemented.
ADDRESSES: Comments on the proposed rule must be sent to Robert Sadler,
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St.
Petersburg, FL 33702.
Requests for copies of Amendment 13, which includes an
environmental assessment and a regulatory impact review (RIR), should
be sent to the Gulf of Mexico Fishery Management Council (Council),
5401 West Kennedy Boulevard, Suite 331, Tampa, FL 33609. Related RIRs
for Amendments 6 and 9 may also be obtained from the Council.
DATES: Written comments must be received on or before August 8, 1996.
FOR FURTHER INFORMATION CONTACT: Robert Sadler, 813-570-5305.
[[Page 32423]]
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the FMP. The FMP was prepared by the Council and is
implemented through regulations at 50 CFR part 641 under the authority
of the Magnuson Fishery Conservation and Management Act (Magnuson Act).
Background
An ATQ system was proposed by the Council in Amendment 8 to the FMP
to address excessive effort capacity in the commercial red snapper
fishery in the Gulf of Mexico. Amendment 8 was approved by NMFS, and
the final rule to implement it was published November 29, 1995 (60 FR
61200). Starting April 1, 1996, participation in the commercial fishery
for red snapper was to be controlled by ITQs based on percentage shares
of the commercial quota. However, because of the furlough of NMFS
personnel and budget limitations under the continuing resolutions that
provide operating funds for Commerce from December 1995 through March
1996, NMFS was unable to issue ITQ shares and coupons and implement the
ITQ system on April 1. Accordingly, NMFS implemented an emergency
interim rule on February 29, 1996 (61 FR 7751), to suspend
implementation of the ITQ system and to continue the red snapper
endorsement and trip limit provisions, then in effect under another
emergency interim rule (61 FR 17, January 2, 1996), as long as the 1996
commercial fishery was open. The 1996 commercial red snapper season
opened on February 1, 1996, the annual commercial quota was reached on
April 4, 1996, and the commercial red snapper fishery was closed on
April 5, 1996.
Amendment 13
Amendment 13 was developed by the Council because of concerns that
implementation of the ITQ system would be further delayed by
Congressional action. In fact, section 210 of the Department of
Commerce and Related Agencies Appropriations Act for 1996 (Public Law
104-134) prohibits NMFS from using funds appropriated under that act,
or any other act, to implement regulations for any ITQ system that was
approved by the Secretary of Commerce (Secretary) after January 4,
1995, until offsetting fees to pay for the cost of administering such
regulations are expressly authorized under the Magnuson Act. The
commercial red snapper ITQ system is affected by section 210, because
NMFS, for the Secretary, approved Amendment 8 on October 13, 1995.
The problems in the fishery that led to implementation of the red
snapper endorsement system, and approval of the ITQ system under
Amendment 8, are expected to continue until a comprehensive program to
control access to red snapper can be implemented. Until then,
controlled harvest rates (i.e., the trip limit and endorsement system)
are needed to stabilize the fishery. The Council, after review of
various alternatives, determined that continuation of the red snapper
endorsement system and its associated trip limits is appropriate to
allow an open fishery until a permanent controlled access system can be
implemented. Permit endorsements for red snapper would continue to be
transferable only to other vessels owned by the same entity, or in the
event of death or disability of the permit holder.
Because of the legislative prohibition on expenditure of funds to
implement the red snapper ITQ system, NMFS proposes to suspend
indefinitely implementation of the ITQ system concomitant with
implementation of Amendment 13. If the commercial red snapper ITQ
system cannot be implemented by the end of 1997, the Council intends to
review the red snapper management regime before the regulations
implementing Amendment 13 expire and to initiate appropriate action for
the 1998 season.
Availability of Amendment 13
Additional background and rationale for the measures discussed
above are contained in Amendment 13, the availability of which was
announced in the Federal Register (61 FR 24267, May 14, 1996).
Classification
Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish
regulations proposed by a Council within 15 days of receipt of an
amendment and regulations. At this time NMFS has not determined that
Amendment 13 is consistent with the national standards, other
provisions of the Magnuson Act, and other applicable laws. NMFS, in
making that determination, will take into account the data, views, and
comments received during the comment period.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation (AGC)
has certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that Amendment 13 and its implementing rule will
not have significant impact on a substantial number of small entities.
Amendment 13 would continue in effect the vessel permit endorsement and
trip limit provisions that were first approved and implemented under
emergency action(57 FR 66237, December 30, 1992), and continued under
Amendment 6 (58 FR 33025, June 15, 1993), Amendment 9 (59 FR 39301,
August 2, 1994), and emergency action (61 FR 7751, February 29, 1996)
through May 29, 1996. Act certified that the rules implementing
Amendments 6 and 9 would not have a significant economic impact on a
substantial number of small entities. For details about those
certifications, refer to the Federal Register publications cited above.
Amendment 13 would continue the permit endorsement provisions of
the status quo management regime which were certified twice previously
under 5 U.S.C. Sec. 605(b) by Commerce to the Chief Counsel for
Advocacy, SBA, as not having a significant economic effect on a
substantial number of small entities. For these reasons, an initial
regulatory flexibility analysis was not prepared.
List of Subjects in 50 CFR Part 641
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 18, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 641 is
proposed to be amended as follows:
PART 641--REEF FISH FISHERY OF THE GULF OF MEXICO
1. The authority citation for part 641 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
Sec. 641.4 [Amended]
2. On Sec. 641.4, paragraph (o) is suspended indefinitely.
3. In Sec. 641.7, paragraph (ff) through (kk) are suspended and
paragraphs (nn), through (pp) are added to read as follows:
Sec. 641.7 Prohibitions.
* * * * *
(nn) Exceed the vessel trip or landing limits for red snapper, as
specified in Sec. 641.31 (a) and (b).
(oo) Transfer a red snapper at sea, as specified in Sec. 641.31
(c).
(pp) Purchase, barter, trade, or sell, or attemp to purchase,
barter, trade, or sell, a red snapper possessed or landed in excess of
a trip or landing limit, as specified in Sec. 641.31 (d).
[[Page 32424]]
Sec. 641.10 [Amended]
4. Section 641.10 is suspended indefinitely.
5. Sections 641.31 through 641.33 are added to read as follows:
Sec. 641.31 Red snapper trip limits.
The provisions of this section are effective through December 31,
1997.
(a) Except as provided in paragraph (b) of this section, a vessel
that has on board a valid commercial reef fish permit may not possess
on any trip or land in any day red snapper in excess of 200 lb (91 kg),
whole or eviscerated.
(b) a vessel that on board a valid commercial reef fish permit and
a valid red snapper endorsement may not possess on any trip or land in
any day red snapper in excess of 2,000 lb (907 kg), whole or
eviscerated.
(c) A red snapper may not be transferred at sea from one vessel to
another.
(d) No person may purchase, barter, trade, or sell, or attempt to
purchase, barter, trade, or sell, a red snapper possessed or landed in
excess of the trip or landing limits specified in paragraphs (a) and
(b) of this section.
Sec. 641.32 Red snapper endorsement.
The provisions of this section are effective through December 31,
1997.
(a) As a prerequisite for exemption from the trip limit for red
snapper specified in Sec. 641.31(a), a vessel for which a commercial
reef fish permit has been issued under Sec. 641.4 must have a red
snapper endorsement on such permit, and such permit and endorsement
must be on board the vessel.
(b) A red snapper endorsement is invalid upon sale of the vessel;
however, an owner of a vessel with a commercial reef fish permit may
transfer the red snapper endorsement to another vessel with a
commercial reef fish permit owned by the same entity by returning the
existing endorsement with an application for an endorsement for the
replacement vessel.
(c) The provisions of paragraph (b) of this section
notwithstanding--
(1) In the event that a vessel with a red snapper endorsement has a
change of ownership that is directly related to the disability or death
of the owner, the Regional Director may issue a red snapper
endorsement, temporarily or permanently, with the commercial reef fish
permit that is issued for the vessel under the new owner. Such new
owner will be the person specified by the owner or his/her legal
guardian, in the case of a disabled owner, or by the will or executor/
administrator of the estate, in the case of a deceased owner. (Change
of ownership of a vessel with a commercial reef fish permit upon
disability or death of an owner is considered a purchase of a permitted
vessel and Sec. 641.4 (m)(3) applies regarding a commercial reef fish
permit for the vessel under the new owner.)
(2) In the event of the disability or death of an operator whose
presence aboard a vessel is a condition for the validity of a red
snapper endorsement, the Regional Director may revise and reissue an
endorsement, temporarily or permanently, to the permitted vessel. Such
revised endorsement will contain the name of a substitute operator
specified by the operator or his/her legal guardian, in the case of a
disabled operator, or by the will or executor/administrator of the
estate, in the case of a deceased operator. As was the case with the
replaced endorsement, the presence of the substitute operator aboard
and in charge of the vessel is a condition for the validity of the
revised endorsement. Such revised endorsement will be reissued only
with the concurrence of the vessel owner.
Sec. 641.33 Condition of a permit.
The provisions of this section are effective through December 31,
1997. As a condition of a commercial reef fish permit issued under
Sec. 641.4, without regard to where red snapper are harvested or
possessed, a vessel with such permit--
(a) May not exceed the appropriate vessel trip or landing limit for
red snapper, as specified in Sec. 641.31 (a) and (b).
(b) May not transfer a red snapper at sea, as specified in
Sec. 641.31(c).
[FR Doc. 96-15936 Filed 6-18-96; 4:46 pm]
BILLING CODE 3510-22-M
