[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]


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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.

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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