[Federal Register Volume 59, Number 101 (Thursday, May 26, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-12832] [[Page Unknown]] [Federal Register: May 26, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 641 [Docket No. 940536-4136; I.D. 041994B] Reef Fish Fishery of the Gulf of Mexico AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: NMFS issues this proposed rule to implement Amendment 9 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). Amendment 9 would extend the current reef fish permit moratorium from its scheduled expiration on May 8, 1995, through as late as December 31, 1995. For the red snapper segment of the reef fish fishery, Amendment 9 would authorize the collection of commercial landings data for the years 1990 through 1992 and the collection of information to identify certain participants. It would also extend the red snapper endorsement system and its associated trip and landing limits from their scheduled expiration on December 31, 1994, through as late as December 31, 1995. The intended effects of this rule are to collect information needed to evaluate red snapper effort management alternatives, to identify individuals who may qualify for initial participation in a red snapper effort management regime, and to continue interim management measures until the Gulf of Mexico Fishery Management Council (Council) has an opportunity to implement longer- term measures. DATES: Written comments must be received on or before July 11, 1994. ADDRESSES: Comments on the proposed rule must be sent to Robert Sadler, Southeast Regional Office, NMFS, 9721 Executive Center Drive, St. Petersburg, FL 33702. Requests for copies of Amendment 9, which includes an environmental assessment and a regulatory impact review, should be sent to the Gulf of Mexico Fishery Management Council, 5401 West Kennedy Boulevard, suite 331, Tampa, FL 33609. Comments regarding the collection-of-information requirement contained in this proposed rule should be sent to Edward E. Burgess, Southeast Regional Office, NMFS, 9721 Executive Center Drive, 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). FOR FURTHER INFORMATION CONTACT: Robert Sadler, 813-893-3161. SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico is managed under the FMP, which 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). Amendment 9 would: (1) Authorize the collection of historical red snapper landings data needed to evaluate red snapper effort management alternatives and to qualify individuals for initial shares; and (2) extend the moratorium on additional reef fish permits and the red snapper endorsement system, including its associated trip and landing limits, through December 31, 1995, unless replaced earlier by a red snapper effort management system. Red snapper commercial landings data for 1990, 1991, and 1992 would be collected for vessels according to owner and, in the case of permitted vessels for which the permit was based on the earned income qualification of an operator, according to such operator. Data would also be collected to identify ``historical captains'' in the red snapper fishery and their share arrangements with vessel owners. Rationale for Proposed Actions Historical Captains After review of testimony and recommendations of the Council's Ad Hoc Allocation Advisory Panel, the Council determined that historical captains should be considered for fishing privileges under a red snapper effort management system, as well as vessel owners and operators whose earned income qualified for the vessel permit. The eligibility criteria for determining historical captain status were designed to discourage submission of applications by recent entrants to the fishery desiring to qualify for the effort management system. To establish status as a historical captain for purposes of the effort management system, a captain must have: (1) From November 6, 1989, through 1993, fished solely under a verbal or written share agreement with an owner to lease a vessel, such agreement providing for the operator to be responsible for hiring the crew, who were paid from his or her share; (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; and (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. Proposed Data Collection The proposed submittal of red snapper landings data to NMFS was requested by vessel owners, operators whose earned income qualified for the vessel permit, and historical captains who are interested in learning of their possible preliminary shares for planning purposes. This information will help fishermen determine their most likely level of participation in an individual transferable quota (ITQ) system, if adopted for the fishery. This also will help the Council and the industry decide whether to proceed with an ITQ system, as included in draft Amendment 8 to the FMP. Under Amendment 9, persons wishing to participate in a limited access system must submit their landings data for consideration at this time. These landings data submitted to NMFS will cover all vessel owners, operators whose earned income qualified for the vessel permit, and historical captains who may qualify under a red snapper effort management system. Collection of landings information for the 1990-1992 period, for which data are readily available, will provide the Council with a complete data base and should obviate the need for collecting these data for that time period under proposed Amendment 8. In its final decisions on Amendment 9, the Council recognized that it would be unnecessarily burdensome for historical captains to submit data that duplicate those provided by the vessel owners/operators. Accordingly, the collection of landings data from fishery participants under this rule is designed to avoid duplication of information available to NMFS. Extension of Reef Fish Permit Moratorium and Red Snapper Endorsement The reef fish permit moratorium was implemented on May 8, 1992, for 3 years ending May 8, 1995, to prevent speculative entry, as had previously occurred, while the Council considers other reef fish management alternatives. The red snapper endorsement and trip limit provisions were established by emergency action, and continued through December 31, 1994, under Amendment 6 to the FMP. The purpose of the action was to prevent an extremely short season and a ``derby'' fishery, such as occurred in 1992. The problems in the fishery that led to implementation of the permit moratorium and the red snapper endorsement system are expected to persist until a more comprehensive program to limit access to the red snapper fishery is in place. The Council anticipates that the reef fish fishery, particularly for red snapper, would be unnecessarily disrupted if the moratorium and red snapper endorsement provisions were to expire before implementation of a limited access system; but the Council believes the moratorium should not be continued indefinitely. The Council's target date for implementing a limited access system, if one of the current management options under consideration is adopted, is January 1, 1996. Accordingly, the Council determined that the permit moratorium and red snapper endorsement system should be extended through December 31, 1995, or until such limited access system is implemented, whichever is earlier. Additional Changes Proposed by NMFS In addition to the measures contained in Amendment 9, NMFS proposes the following changes to clarify the regulations. In Amendment 4 to the FMP, which contained the moratorium on additional permits in the reef fish fishery, and in Amendment 5 to the FMP, which contained the moratorium on additional participants in the fish trap segment of the reef fish fishery, the Council specified that a permit or fish trap endorsement that is not renewed will not be reissued. A permit/endorsement is considered to have been ``not renewed'' when a complete application for renewal is not received within one year after the expiration date of the permit. This criterion is based on the fact that permits are generally issued for a period of one year. NMFS considers this criterion to be consistent with the Council's intent, and it has been consistently applied. For clarity, NMFS proposes to include this criterion in the regulations at Sec. 641.4(m)(4) and (p)(5). Regulations implementing Amendment 7 to the FMP allow the transfer of a fish trap endorsement when ownership of a vessel with a fish trap endorsement is transferred to certain relatives of the owner (see 50 CFR 641.4 as amended on February 7, 1994 (59 FR 6588, February 11, 1994)). In accordance with the Council's intent, NMFS proposes to amend the regulations at Sec. 641.4(p)(4) to clarify that such new owner may renew the fish trap endorsement without having to meet the requirements applicable to the initial issuance of the endorsement, that is, a history of reef fish landings from traps. In the restrictions applicable in the longline and buoy gear restricted area and in the special management zone (SMZ), at Sec. 641.23(b)(1) and (d)(2), respectively, the specification of what constitutes ``fishing for reef fish'' may be interpreted as a change in the definition of ``fishing,'' so that possession of reef fish, or certain quantities of reef fish, aboard a vessel while in transit of the restricted area or SMZ would be prohibited. The intent of the measures is to restrict harvesting in these areas, and not possession of reef fish while in transit. To achieve the intended result, NMFS proposes revised language to clarify that the definition of ``fishing'' is not changed. Classification This proposed rule is exempt from prepublication review for purposes of E.O. 12866. The General Counsel of the Department of Commerce certified to the Small Business Administration that this proposed rule, if adopted, will not have a significant economic impact on a substantial number of small entities, because no reduction in gross revenues is expected and capital costs of compliance are not expected to be significant. As a result, a regulatory flexibility analysis was not prepared. Section 641.10 of this proposed rule, concerning the collection of data on red snapper, contains two collection-of-information requirements subject to the Paperwork Reduction Act-- specifically, information on landings of red snapper and documentation of status as a historical captain in the red snapper fishery. Requests to collect this information have been submitted to OMB for approval. The public reporting burdens for these collections of information are estimated to average 2 and 5 hours 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. Send comments regarding these reporting burden estimates or any other aspects of the collections of information, including suggestions for reducing the burdens, to NMFS and OMB (see ADDRESSES). List of Subjects in 50 CFR Part 641 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: May 20, 1994. Charles Karnella, Acting Assistant Administrator for Fisheries, 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. 2. In Sec. 641.4, paragraph (m) introductory text, paragraph (m)(4), paragraph (o) introductory text, and paragraphs (p)(4) and (p)(5) are revised, and introductory text for paragraph (n) is added to read as follows: Sec. 641.4 Permits and fees. * * * * * (m) Moratorium on permits. This paragraph (m) is effective through December 31, 1995. * * * * * (4) A permit that is not renewed or that is revoked will not be reissued. A permit is considered to be not renewed when an application for renewal is not received by the Regional Director within one year of the expiration date of the permit. (n) Red snapper endorsement. This paragraph (n) is effective through December 31, 1995. * * * * * (o) Condition of a permit. Effective through December 31, 1995, as a condition of a reef fish permit issued under this section, without regard to where red snapper are harvested or possessed, a permitted vessel-- * * * * * (p) * * * (4) A fish trap endorsement is not transferable upon change of ownership of a vessel with a fish trap endorsement, except when such change of ownership is from one to another of the following: husband, wife, son, daughter, brother, sister, mother, or father. In the event of such transfer of a fish trap endorsement, the new owner of the vessel may renew the endorsement without regard to the requirement of paragraph (p)(1) of this section regarding a record of landing of reef fish from fish traps. (5) A fish trap endorsement that is not renewed or that is revoked will not be reissued. A fish trap endorsement is considered to be not renewed when an application for renewal is not received by the Regional Director within one year of the expiration date of the permit. 3. In Sec. 641.7, effective from the effective date of the final rule through September 30, 1994, a new paragraph (ee) is added to read as follows: Sec. 641.7 Prohibitions. * * * * * (ee) Falsify information submitted in accordance with Sec. 641.10. 4. In subpart A, effective from the effective date of the final rule through September 30, 1994, a new Sec. 641.10 is added to read as follows: Sec. 641.10 Red snapper data collection. (a) General. (1) To evaluate red snapper effort management alternatives, including individual transferable quota (ITQ) systems and license limitations, it is necessary to obtain commercial red snapper landings data for the years 1990 through 1992. To identify individuals who may qualify for initial participation in a red snapper effort management regime, it is necessary to identify certain participants in the red snapper fishery, specifically, operators of vessels who were the earned income qualifiers for the vessels' reef fish permits and those who are ``historical captains.'' In the latter case, documentation of a historical captain's share agreement with the vessel's owner is also required. (2) For the purpose of the red snapper effort limitation alternatives, a historical captain means an operator who-- (i) From November 6, 1989, through 1993, fished solely under a verbal or written share agreement with an owner to lease a vessel, such agreement provided for the operator to be responsible for hiring the crew, who were paid from his or her share; (ii) 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; and (iii) 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. (3) The data collection described in this section will be the only collection for the effort management alternatives currently being considered by the Council. Accordingly, failure to submit requested data may result in failure to be included among the initial participants in the red snapper fishery under an effort management system and/or failure to obtain the full initial share of red snapper to which a person may be entitled under an ITQ regime. (b) Existing data. (1) NMFS has records of all red snapper landings reported by vessel logbook forms submitted pursuant to Sec. 641.5 (a) or (b) and has access to records of red snapper landings reported under Florida's trip ticket system. NMFS also has records of the earned income qualifier for each vessel permit issued for reef fish. Data duplicating these records are not needed. (2) Landings of red snapper reported by vessel logbook forms and received by the Science and Research Director prior to September 16, 1992, are conclusive as to red snapper landed during the months that such logbook forms were required of, or voluntarily submitted by, a vessel--landings data from other sources will not be considered for such months. In the absence of landings data from such logbook forms, landings of red snapper reported under Florida's trip ticket system and received by the State prior to September 16, 1992, are conclusive as to landings in Florida-- landings data from other sources will not be considered for landings in Florida. However, vessel owners/operators will be given printouts of their logbook/trip ticket records of landings and will have an opportunity to submit records they believe were omitted. (c) Additional landings data. (1) An owner or operator who wishes to be considered for initial participation in the red snapper fishery under an effort management system may submit documentation of red snapper landings not covered by vessel logbook forms or the Florida trip ticket system. (i) Such documentation may consist of copies of trip receipts that show dates and amounts of landings of red snapper. Trip receipts must definitively show the species known as red snapper and the vessel's name, official number, or other reference that provides a way of clearly identifying the vessel. (ii) Such documentation may also consist of dealer records that show dates and amounts of landings of red snapper. As with trip receipts, dealer records must definitively show the species known as red snapper and the vessel's name, official number, or other reference that provides a way of clearly identifying the vessel. Dealer records must contain a sworn affidavit by the dealer confirming the accuracy and authenticity of the records. A sworn affidavit is an official written statement wherein the individual signing the affidavit affirms that the information presented is accurate and can be substantiated, under penalty of law. (iii) Documentation by a combination of trip receipts and dealer records is acceptable, but duplicate records for the same landings are not acceptable. (2) Red snapper landings data will not be accepted-- (i) For a period during which the harvesting vessel did not have a permit, provided a permit was required during such period. Permits were not required from January 1 through April 22, 1990, and from January 1 through 31, 1992. (ii) For a period during which the commercial red snapper fishery in the EEZ was closed. The commercial red snapper fishery was closed in the EEZ from August 24 through December 31, 1991, from February 22 through April 2, 1992, and from May 15 through December 31, 1992. (3) Additional landings data submitted under this paragraph (c) must be attached to a Red Snapper Landings Data form, which is available from the Regional Director, and must be postmarked between the effective date of the final rule and a date not later than the date 60 days from effective date of the final rule. (d) Historical captains. (1) An operator who wishes to be considered for status as a historical captain in the red snapper fishery under an effort management system may submit documentation of such status by providing the following: (i) A Historical Captain Status form, available from the Regional Director, which requests information necessary to determine such status and information to establish the share agreement of a historical captain with the vessel's owner; (ii) A Red Snapper Landings Data form and accompanying additional landings data pursuant to paragraph (c) of this section, if such form and data have not been submitted by a vessel owner; (iii) Copies of forms and schedules from the applicant's income tax returns for the years 1989 through 1993 that show total earned income and that part of earned income derived from commercial fishing, that is, sale of the catch (generally, pages 1 and 2 of Form 1040, W-2's, and Schedule C); and (iv) Documentation of a landing of red snapper prior to November 7, 1989. (2) Forms and information submitted under paragraph (d)(1) of this section must be postmarked between the effective date of the final rule and the date 60 days from effective date of the final rule. (e) Verification. Documentation of red snapper landings, documentation of status as a historical captain, and other information submitted under this section are subject to verification by comparison with state, Federal, and other records and information. Submission of false documentation or information may disqualify a person from initial participation under a red snapper effort management system. 5. In Sec. 641.23, paragraphs (b)(1) introductory text and (d)(2) introductory text are revised to read as follows: Sec. 641.23 Area limitations. * * * * * (b) * * * (1) Longline and buoy gear may not be used to fish for reef fish in the longline and buoy gear restricted area. For the purpose of this paragraph (b), ``for reef fish'' means possessing or landing reef fish-- * * * * * (d) * * * (2) In the SMZ specified in paragraph (d)(1) of this section, fishing for reef fish is limited to hook-and-line gear with three or fewer hooks per line and spearfishing gear. For the purpose of this paragraph (d), ``for reef fish'' means possessing reef fish aboard or landing reef fish from-- * * * * * [FR Doc. 94-12832 Filed 5-23-94; 8:45 am] BILLING CODE 3510-22-P