[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Rules and Regulations]
[Pages 48413-48415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23530]
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DEPARTMENT OF COMMERCE
50 CFR Part 622
[Docket No. 96061317-6247-02; 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: Final rule.
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SUMMARY: NMFS issues this final rule to implement Amendment 13 to the
Fishery Management Plan for the Reef Fish Resources of the Gulf of
Mexico (FMP). Amendment 13 extends the red snapper vessel permit
endorsement and trip limit system until implementation of either the
individual transferrable quota (ITQ) system approved under Amendment 8
to the FMP or an alternate program to restrict access to
[[Page 48414]]
the commercial red snapper fishery, such as a limited license system.
If neither option is possible, the vessel permit endorsement and trip
limit system terminates on December 31, 1997. The intended 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.
EFFECTIVE DATE: September 15, 1996.
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 and is implemented through regulations at 50
CFR part 622 under the authority of the Magnuson Fishery Conservation
and Management Act (Magnuson Act).
Background information on the management of the commercial red
snapper fishery and the rationale for the management measures in
Amendment 13 were contained in the preamble to the proposed rule (61 FR
32422, June 24, 1996) and are not repeated here.
The availability of Amendment 13 for public comment was announced
in the Federal Register on May 14, 1996 (61 FR 24267), and comments
were invited through July 8, 1996. Public comments were invited on the
proposed rule through July 8, 1996. NMFS approved Amendment 13 on
August 9, 1996. One comment was received in support of Amendment 13
during the public comment periods on the amendment and the rule.
Accordingly, the proposed rule is adopted as final with only the
changes described below.
Comment and Response
Comment: The U.S. Fish and Wildlife Service provided a comment in
support of Amendment 13.
Response: NMFS agrees.
Changes from the Proposed Rule
Since the proposed rule was published, NMFS has consolidated most
of its fishery regulations for the Southeast Region into one set of
regulations at 50 CFR part 622 (published on July 3, 1996, 61 FR
34930). Accordingly, the amendatory instructions in this final rule
implementing Amendment 13 are amendments to part 622 rather than
amendments to 50 CFR part 641, as were contained in the proposed rule.
In Sec. 622.4, paragraph (p) is added for clarity and consistency. The
endorsement provisions contained in paragraph (p) are consistent with
the original provisions established in emergency regulations published
December 30, 1992 (57 FR 62237), and continued via subsequent
regulations. Minor changes in language have been made to conform to the
standards in part 622.
Classification
The Director, Southeast Region, NMFS, determined that Amendment 13
is necessary for the conservation and management of the reef fish
fishery of the Gulf of Mexico and that it is consistent with the
Magnuson Act and other applicable law.
This action has been determined to be not significant for purposes
of E.O. 12866.
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 the proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. The reasons for this certification were published in
the preamble to the proposed rule (61 FR 32422, June 24, 1996) and are
not repeated here. No comments were received concerning this
certification. As a result, a regulatory flexibility analysis was not
prepared.
In accordance with the FMP's framework procedure for adjusting
annual management measures, NMFS has proposed to increase the
commercial quota for red snapper and make this additional quota
available to the commercial fishery as of September 15, 1996 (FR 42413,
August 15, 1996). If NMFS, after considering the public comment,
approves the increased 1996 quota for the commercial red snapper
fishery, this fishery will still be subject to the ITQ system
(established by Amendment 8) that requires fishermen to have ITQ
coupons in order to fish for red snapper. As explained in the proposed
rule for Amendment 13, NMFS is unable to implement the ITQ system for
the foreseeable future. Therefore, unless the ITQ regulations are
suspended by this final rule by September 15, the commercial fishery
cannot reopen on that date in order to harvest the additional
commercial quota. For these reasons, the Assistant Administrator for
Fisheries, NOAA, has determined that this rule relieves a restriction
within the meaning of section 553(d) of the Administrative Procedure
Act. Therefore, the effective date of this rule is not delayed for 30
days.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: September 9, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 622 is 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, paragraphs (a)(2)(ix) and (p) are added to read
as follows:
Sec. 622.4 Permits and fees.
(a) * * *
(2) * * *
(ix) Gulf red snapper. Effective through December 31, 1997, as a
prerequisite for exemption from the trip limit for red snapper
specified in Sec. 622.44(e)(1), a commercial vessel permit for Gulf
reef fish with a red snapper endorsement must have been issued to the
vessel and must be on board.
* * * * *
(p) Gulf red snapper endorsements. This paragraph (p) is effective
through December 31, 1997.
(1) Based on documented historical red snapper landings from the
Gulf of 5,000 lb (2,269 kg), round weight, or its equivalent in
eviscerated weight, per year in 2 of the years 1990, 1991, and 1992,
Gulf red snapper endorsements have been issued for vessels that have
commercial permits for Gulf reef fish. In cases where a red snapper
endorsement is issued based on the qualifications of an operator, the
validity of that endorsement is conditioned on that named operator
being aboard and in charge of the permitted vessel.
(2) A Gulf red snapper endorsement is invalid upon sale of the
vessel; however, an owner of a vessel with a red snapper endorsement
may transfer the endorsement to another vessel owned by the same entity
by returning the existing endorsement with an application for an
endorsement for the replacement vessel.
(3) Paragraph (p)(2) of this section notwithstanding--
(i) In the event that a vessel with a Gulf red snapper endorsement
has a change of ownership that is directly related to the disability or
death of the owner, the RD may issue a red snapper
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endorsement, temporarily or permanently, with the commercial permit for
Gulf reef fish 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 vessel permit for Gulf reef
fish upon disability or death of an owner is considered a purchase of a
permitted vessel and paragraph (m)(3) of this section applies regarding
a commercial vessel permit for Gulf reef fish for the vessel under the
new owner.)
(ii) In the event of the disability or death of an operator whose
presence aboard a vessel is a condition for the validity of a Gulf red
snapper endorsement, the RD 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. 622.7 [Amended]
3. In Sec. 622.7, in paragraph (i)(5), the concluding words
``introductory text'' are removed.
Sec. 622.16 [Suspended]
4. Section 622.16 is suspended indefinitely.
5. In Sec. 622.44, paragraph (e) is added to read as follows:
Sec. 622.44 Commercial trip limits.
* * * * *
(e) Gulf red snapper. This paragraph (e) is effective through
December 31, 1997.
(1) Except as provided in paragraph (e)(2) of this section, 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 is 200 lb (91 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 Gulf red snapper endorsement is 2,000 lb (907 kg), round or
eviscerated weight.
(3) 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 with such permit--
(i) May not possess red snapper in or from the Gulf in excess of
the appropriate vessel trip limit, as specified in paragraph (e)(1) or
(e)(2) of this section.
(ii) May not transfer at sea red snapper in or from the Gulf.
[FR Doc. 96-23530 Filed 9-10-96; 3:00 pm]
BILLING CODE 3510-22-F
