[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Proposed Rules]
[Pages 45690-45692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21784]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 649, 650, and 651
[Docket No. 950824215-5217-02; I.D. 050295B]
RIN 0648-AH37
American Lobster Fishery, Framework Adjustment 1; Atlantic Sea
Scallop Fishery, Framework Adjustment 3; Northeast Multispecies
Fishery, Framework Adjustment 7; Vessel Ownership Requirements
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 1 to
the American Lobster Fishery Management Plan (FMP), Framework
Adjustment 3 to the Atlantic Sea Scallop FMP, and Framework Adjustment
7 to the Northeast Multispecies FMP. These framework adjustments would
revise a provision in each of the FMPs that requires all permit
applicants to own a fishing vessel at the time they apply for or renew
a Federal limited access permit. This proposed action would allow
certain applicants who have owned vessels that meet the various limited
access permit qualification criteria, but who do not currently own a
vessel, to preserve their eligibility to apply for a limited access
permit for a replacement vessel in subsequent years by obtaining a
Confirmation of Permit History.
DATES: Comments on the proposed rule must be received on or before
September 15, 1995.
ADDRESSES: Comments on the proposed rule or supporting documents should
be sent to Dr. Andrew A. Rosenberg, Regional Director, Northeast
Region, NMFS, 1 Blackburn Drive, Gloucester, MA 01930. Mark the outside
of the envelope ``Comments on Proposed Framework Adjustments to Vessel
Ownership Requirements.''
Copies of the Framework Adjustments, Amendment 5 to the American
Lobster FMP, Amendment 4 to the Atlantic Sea Scallop FMP, and Amendment
5 to the Northeast Multispecies FMP, including regulatory impact
reviews, initial regulatory flexibility analyses, and final
supplemental environmental impact statements are available upon request
from Douglas Marshall, Executive Director, New England Fishery
Management Council, 5 Broadway, Saugus, MA 01906-1097; telephone: 617-
231-0422.
FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, Fishery Policy
Analyst, 508-281-9272.
SUPPLEMENTARY INFORMATION:
Background
In 1994, NMFS implemented major amendments developed by the New
England Fishery Management Council (Council) to the FMPs for the
Atlantic sea scallop, northeast multispecies and the American lobster
fisheries. These amendments, which were intended to address overfishing
in these fisheries, implemented measures that limited access to these
fisheries based upon historical participation.
NMFS partially implemented Amendment 4 to the Atlantic Sea Scallop
FMP (January 19, 1994, 59 FR 2757) and Amendment 5 to the Northeast
Multispecies FMP on March 1, 1994 (59 FR 9872). Most of the measures
remaining became effective on May 1, 1994 (59 FR 22760, May 3, 1995).
NMFS implemented the approved sections of Amendment 5 to the American
Lobster FMP on June 21, 1994 (59 FR 31938).
Under current regulations for the Atlantic sea scallop and
northeast multispecies fisheries, to be eligible to obtain a Federal
limited access permit in 1994, an applicant had to have owned a vessel
that qualified under the limited access criteria for each respective
fishery. In addition, an applicant had to obtain a permit in 1994 to be
eligible to renew a limited access permit in future years. Current
regulations for the American lobster fishery are the same, with the
exception that the qualifying year is 1995. These requirements
represent a continuation of preexisting permit requirements.
Under a limited access permit system, however, this situation poses
a potential problem for anyone who does not own a fishing vessel at the
time he or she applies for, or renews, a limited access permit. This
includes anyone who sold or transferred a vessel and retained the
permit and fishing history, but did not buy a new vessel in time to
apply for an initial Atlantic sea scallop or northeast multispecies
permit during the 1994 calendar year, or, in the case of American
lobster, during the 1995 calendar year.
In developing Amendment 5 to the American Lobster FMP, Amendment 4
to the Atlantic Sea Scallop FMP, and Amendment 5 to the Northeast
Multispecies FMP, the Council adopted the policy that vessel owners
should not be required to continue to fish their vessels to be eligible
to obtain or renew limited access permits. The Council did not intend
to force vessels to remain active in currently overfished fisheries to
retain fishing rights for the future, but it did not explicitly address
the issue of vessel ownership as a requirement to obtain a permit under
the various FMP amendments. Therefore, current regulations contradict
the Council's intent not to require vessels to remain active in a
limited access fishery.
Proposed Adjustment
To address this problem, the Council has requested NMFS to
implement this proposed action, which would allow an applicant who has
owned a vessel that meets the various limited access permit
qualification criteria, but who does not own a vessel at the time of
application, to preserve his or her right to qualify for a Federal
limited access permit for a replacement vessel in subsequent years in
the Atlantic sea scallop and northeast multispecies fisheries, and in
the American lobster fishery. Qualified applicants would be allowed to
apply for a Confirmation of Permit History, and would need to apply for
such annually, to preserve the permit and fishing history of the
qualifying vessel.
Comments and Responses
The Council has discussed and heard public comment on this issue
for several years during the development of the amendments to the
Northeast Multispecies and Atlantic Sea Scallop FMPs. More recently,
this problem was discussed at the September 21-22, 1994, Council
meeting, at which time the
[[Page 45691]]
Council initiated this combined framework action. The public was
notified of this Council meeting, and of the final Council meeting held
on October 28-29, 1994, at which time this action was discussed. No
public comments were received. This proposed rule provides the public
with an additional opportunity to comment.
Classification
This proposed rule has been determined to be not significant under
E.O. 12866.
This rule contains a collection-of-information requirement subject
to the Paperwork Reduction Act that has been approved by the Office of
Management and Budget under OMB Control Number 0648-0202. The public
reporting burden for completing an application for a Confirmation of
Permit History is estimated at 0.5 hours per response. This estimate
includes the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding this
burden estimate or any other aspect of this collection of information,
including suggestions for reducing the burden, to NMFS (see ADDRESSES)
and to the Office of Information and Regulatory Affairs, Office of
Management and Budget, Washington, D.C. 20503 (Attention: NOAA Desk
Officer).
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities because it would not: (1) Result in a change in annual
gross revenues of more than 5 percent; or (2) increase annual
compliance costs for small entities by more than 5 percent and would
not increase compliance costs for small entities compared to large
entities.
List of Subjects
50 CFR Part 649
Fisheries.
50 CFR Part 650
Fisheries, Reporting and recordkeeping requirements.
50 CFR Part 651
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: August 28, 1995.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR Parts 649, 650, and
651 are 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, paragraph (b)(1)(iv) is added to read as follows:
Sec. 649.4 Vessel permits.
(b) * * *
(1) * * *
(iv) Confirmation of Permit History. Notwithstanding any other
provisions of this part, a person who does not currently own a fishing
vessel, but who has owned a qualifying vessel that has sunk, been
destroyed, or transferred to another person, may apply for and receive
a Confirmation of Permit History if the fishing and permit history of
such vessel has been retained lawfully by the applicant. To be eligible
to obtain a Confirmation of Permit History, the applicant must show
that the qualifying vessel meets the eligibility requirements, as
applicable, in this part. Issuance of a valid and current Confirmation
of Permit History preserves the eligibility of the applicant to apply
for or renew a limited access permit for a replacement vessel based on
the qualifying vessel's fishing and permit history at a subsequent
time, subject to the replacement provisions specified at Sec. 649.4. A
Confirmation of Permit History must be applied for and received on an
annual basis in order for the applicant to preserve the fishing rights
and limited access eligibility of the qualifying vessel. If fishing
privileges have been assigned or allocated previously under this part
based on the qualifying vessel's fishing and permit history, the
Confirmation of Permit History also preserves such fishing privileges.
Any decision regarding the issuance of a Confirmation of Permit History
for a qualifying vessel that has applied for or been issued previously
a limited access permit under this part is a final agency action
subject to judicial review under 5 U.S.C. 704. Applications for a
Confirmation of Permit History shall be accepted by the Regional
Director on or before December 31, 1995. For subsequent years,
applications must be received by the end of the calendar year in which
the Confirmation of Permit History expires. Information requirements
for the Confirmation of Permit History application shall be the same as
those for a limited access permit with any request for information
about the vessel being applicable to the qualifying vessel that has
been sunk, destroyed, or transferred. Vessel permit applicants who hold
a Confirmation of Permit History and who wish to obtain a vessel permit
for a replacement vessel based upon the previous vessel history may do
so pursuant to paragraph (b) of this section.
* * * * *
PART 650--ATLANTIC SEA SCALLOP FISHERY
3. The authority citation for part 650 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
4. In Sec. 650.4, the introductory text is revised and paragraph
(a)(1)(iv) is added to read as follows:
Sec. 650.4 Vessel permits.
Any vessel of the United States that fishes for, possesses, or
lands per trip Atlantic sea scallops in quantities greater than 40 lb
(18.14 kg) shucked scallops or 5 bushels (176.2 l) in-shell, except
vessels that fish exclusively in state waters for sea scallops, must
have been issued and carry on board a valid limited access scallop
permit or a valid general scallop permit, issued under this section.
(a) * * *
(1) * * *
(iv) Confirmation of Permit History. Notwithstanding any other
provisions of this part, a person who does not currently own a fishing
vessel, but who has owned a qualifying vessel that has sunk, been
destroyed, or transferred to another person, may apply for and receive
a Confirmation of Permit History if the fishing and permit history of
such vessel has been retained lawfully by the applicant. To be eligible
to obtain a Confirmation of Permit History, the applicant must show
that the qualifying vessel meets the eligibility requirements, as
applicable, in this part. Issuance of a valid and current Confirmation
of Permit History preserves the eligibility of the applicant to apply
for or renew a limited access permit for a replacement vessel based on
the qualifying vessel's fishing and permit history at a subsequent
time, subject to the replacement provisions specified at Sec. 650.4. A
Confirmation of Permit History must be applied for and received on an
annual basis in order for the applicant to preserve the fishing rights
and limited access eligibility of the qualifying vessel. If fishing
[[Page 45692]]
privileges have been assigned or allocated previously under this part
based on the qualifying vessel's fishing and permit history, the
Confirmation of Permit History also preserves such fishing privileges.
Any decision regarding the issuance of a Confirmation of Permit History
for a qualifying vessel that has applied for or been issued previously
a limited access permit under this part is a final agency action
subject to judicial review under 5 U.S.C. 704. Applications for a
Confirmation of Permit History shall be accepted by the Regional
Director on or before 30 days after publication of the final rule. For
subsequent years, such applications must be received by the end of the
calendar year in which the Confirmation of Permit History expires.
Information requirements for the Confirmation of Permit History
application shall be the same as those for a limited access permit with
any request for information about the vessel being applicable to the
qualifying vessel that has been sunk, destroyed or transferred. Vessel
permit applicants who hold a Confirmation of Permit History and who
wish to obtain a vessel permit for a replacement vessel based upon the
previous history may do so pursuant to paragraph (a) of this section.
* * * * *
PART 651--NORTHEAST MULTISPECIES FISHERY
5. The authority citation for part 651 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
6. In Sec. 651.4, paragraph (a) introductory text is revised and
paragraph (a)(1)(iv) is added to read as follows:
Sec. 651.4 Vessel permits.
* * * * *
(a) Limited access multispecies permits. Beginning on May 1, 1994,
any vessel of the United States that possesses or lands more than the
possession limit of regulated species specified under Sec. 651.27(a),
except vessels fishing with fewer than 4,500 hooks that have been
issued a hook-gear-only permit as specified in paragraph (b) of this
section, vessels fishing for regulated species exclusively in state
waters, and recreational fishing vessels, must have been issued and
carry on board a valid Federal limited access multispecies permit, or
an authorizing letter issued under paragraph (a)(8)(v) of this section.
To qualify for a limited access multispecies permit, a vessel must meet
the following criteria, as applicable:
(1) * * *
(iv) Confirmation of Permit History. Notwithstanding any other
provisions of this part, a person who does not currently own a fishing
vessel, but who has owned a qualifying vessel that has sunk, been
destroyed, or transferred to another person, may apply for and receive
a Confirmation of Permit History if the fishing and permit history of
such vessel has been retained lawfully by the applicant. To be eligible
to obtain a Confirmation of Permit History, the applicant must show
that the qualifying vessel meets the eligibility requirements, as
applicable, in this part. Issuance of a valid and current Confirmation
of Permit History preserves the eligibility of the applicant to apply
for or renew a limited access permit for a replacement vessel based on
the qualifying vessel's fishing and permit history at a subsequent
time, subject to the replacement provisions specified at Sec. 651.4. A
Confirmation of Permit History must be applied for and received on an
annual basis in order for the applicant to preserve the fishing rights
and limited access eligibility of the qualifying vessel. If fishing
privileges have been assigned or allocated previously under this part
based on the qualifying vessel's fishing and permit history, the
Confirmation of Permit History also preserves such fishing privileges.
Any decision regarding the issuance of a Confirmation of Permit History
for a qualifying vessel that has applied for or been issued previously
a limited access permit under this part is a final agency action
subject to judicial review under 5 U.S.C. 704. Applications for a
Confirmation of Permit History shall be accepted by the Regional
Director on or before 30 days after publication of the final rule. For
subsequent years, such applications must be received by the end of the
calendar year before the year for which the Confirmation of Permit
History expires. Information requirements for the Confirmation of
Permit History application shall be the same as those for a limited
access permit with any request for information about the vessel being
applicable to the qualifying vessel that has been sunk, destroyed or
transferred. Vessel permit applicants who hold a Confirmation of Permit
History and who wish to obtain a vessel permit for a replacement vessel
based upon the previous vessel history may do so pursuant to paragraph
(a) of this section.
* * * * *
[FR Doc. 95-21784 Filed 8-31-95; 8:45 am]
BILLING CODE 3510-22-F
