[Federal Register Volume 59, Number 203 (Friday, October 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26193]


[[Page Unknown]]

[Federal Register: October 21, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Part 640

[Docket No. 941090-4290; I.D. 081194A]
RIN 0648-AH27

 

Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS publishes this final rule to amend the regulations 
implementing the Fishery Management Plan for the Spiny Lobster Fishery 
of the Gulf of Mexico and South Atlantic (FMP) to remove the 
requirement for Federal vessel permits in the commercial spiny lobster 
fishery in the exclusive economic zone (EEZ) off Florida, make 
technical corrections and revisions, and add a prohibition against 
making false statements to authorized officers. The intended effect of 
this final rule is to relieve a restriction in the fishery and to 
facilitate enforcement.

EFFECTIVE DATE: October 18, 1994.

ADDRESSES: Copies of documents supporting this action may be obtained 
from the Gulf of Mexico Fishery Management Council, 5401 West Kennedy 
Boulevard, Suite 331, Tampa, FL 33609.

FOR FURTHER INFORMATION CONTACT: Georgia Cranmore, 813-570-5305.

SUPPLEMENTARY INFORMATION: The spiny lobster fishery is managed under 
the FMP. The FMP was prepared by the Gulf of Mexico and South Atlantic 
Fishery Management Councils (Councils) and is implemented through 
regulations at 50 CFR part 640 under the authority of the Magnuson 
Fishery Conservation and Management Act.
    NMFS published proposed and final rules on July 24, 1992 (57 FR 
32956) and November 30, 1992 (57 FR 56516), respectively, to amend the 
regulations that implement the FMP (regulatory amendment). The 
regulatory amendment, among other things, adopted in the EEZ off 
Florida, Florida's spiny lobster trap certificate, trap reduction, and 
trap identification programs. The regulatory amendment was initiated by 
the Councils under the FMP's framework procedure for implementing 
specified gear and harvest restrictions, and included a provision to 
discontinue the issuance of Federal commercial permits for spiny 
lobster in the EEZ off Florida when Florida's trap certificate, and 
identification programs were in place and when Florida designated spiny 
lobster as a restricted species, thus limiting the sellers of spiny 
lobster to individuals who have restricted species endorsements on 
their Florida saltwater products licenses. Florida's trap certificate 
and identification programs were implemented July 1, 1993, and spiny 
lobster was designated a restricted species August 1, 1994. The 
conditions of the regulatory amendment for discontinuing the 
requirement for Federal vessel permits for commercial spiny lobster 
fishing in the EEZ off Florida have been met, and continuation of such 
requirement would constitute an unnecessary expense to fishermen and 
NMFS. Accordingly, this final rule eliminates that requirement.
    The Federal commercial vessel permit requirement remains in effect 
for the EEZ other than off Florida. The requirement for a Federal tail-
separation authorization in order to possess a separated spiny lobster 
tail in or from the EEZ remains in effect both off Florida and 
elsewhere. Since possession of spiny lobster tails may be authorized in 
some instances when a commercial vessel permit has not been issued, 
and, since without a permit there would be nothing to endorse, this 
final rule changes the ``tail-separation endorsement,'' requirement in 
the present regulations to a ``tail-separation permit'' requirement. 
There are no changes in the criteria for obtaining or using a tail-
separation endorsement/permit.
    This final rule also changes all references to Florida's 
``Department of Natural Resources'' to the ``Department of 
Environmental Protection'' to conform to the new/current name; 
eliminates unnecessary language in the citations for rules in the 
Florida Administrative Code; corrects the specific paragraphs in some 
of those citations; corrects the address of the Regional Director, 
NMFS; and adds a prohibition on making a false statement to an 
authorized officer concerning the taking, catching, harvesting, 
landing, purchase, sale, possession, or transfer of a spiny lobster. 
The added prohibition is necessary for effective enforcement and 
conforms the regulations to other fisheries regulations of the 
Southeast Region, NMFS.

Classification

    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    This final rule involves, but does not materially change, a 
collection-of-information requirement subject to the Paperwork 
Reduction Act, namely, applications for commercial vessel and tail-
separation permits. This collection of information was previously 
approved by the Office of Management and Budget under OMB control 
number 0648-0205. This requirement has a public reporting burden 
estimated to average 15 minutes per response. Send comments regarding 
this burden estimate or any other aspect of the collection of 
information, including suggestions for reducing the burden, to Edward 
E. Burgess, NMFS, 9721 Executive Center Drive N. St. Petersburg, FL 
33702 and to the Office of Information and Regulatory Affairs, OMB, 
Washington, DC 20503 (Attention: NOAA Desk Officer).
    The Assistant Administrator for Fisheries, NOAA (AA), pursuant to 
section 553(b)(B) of the Administrative Procedure Act (APA), finds (1) 
for good cause, namely, that the conditions specified in the regulatory 
amendment for eliminating the Federal vessel permit requirement clearly 
have been met and a delay in removing this requirement would impose an 
unnecessary expense on participants in the fishery, notice and advance 
opportunity to comment on the elimination of the requirement for a 
Federal vessel permit would serve no useful purpose and thus is 
unnecessary and by imposing an unnecessary expense would be contrary to 
the public interest; (2) it is unnecessary to provide notice and 
advance opportunity to comment on the technical corrections and 
revisions to the regulations because no useful purpose would be served; 
and (3) it is unnecessary and would be contrary to the public interest 
to provide notice and advance opportunity to comment on the prohibition 
against making false statements to authorized officers because no 
useful purpose would be served and the associated delay could impede 
enforcement.
    Under section 553(d)(1) of the APA, the provisions of the rule 
which remove the requirement for a Federal vessel permit may be and are 
being made immediately effective because they relieve a restriction. 
With respect to the provisions of the rule which make technical 
corrections and revisions, the AA pursuant to section 553(d)(3) delay 
for 30 days their effectiveness because they do not affect compliance. 
With respect to the provisions of this rule which add a prohibition 
against making false statements to authorized officers, the AA pursuant 
to section 553(d)(3) of the APA, finds that it would be contrary to the 
public interest to delay for 30 days its effectiveness because it could 
impede enforcement of the regulations.

List of Subjects in 50 CFR Part 640

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: October 17, 1994.

Charles Karnella,
Acting Deputy Assistant Administrator for Fisheries, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 640 is amended 
as follows:

PART 640--SPINY LOBSTER FISHERY OF THE GULF OF MEXICO AND SOUTH 
ATLANTIC

    1. The authority citation for part 640 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 640.2, the definition of ``Regional Director'' is 
revised to read as follows:


Sec. 640.2  Definitions.

* * * * *
    Regional Director means the Director, Southeast Region, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702, telephone 813-570-
5301; or a designee.
* * * * *
    3. In Sec. 640.4, the last sentence of paragraph (d) is removed and 
paragraphs (a), (b) heading, (b)(1), (b)(2)(vi), and (b)(2)(viii) 
introductory text are revised to read as follows:


Sec. 640.4  Permits and fees.

    (a) Applicability--(1) Licenses, certificates, and permits--(i) EEZ 
off Florida. For a person to sell, trade, or barter, or attempt to 
sell, trade, or barter, a spiny lobster in or from the EEZ off Florida 
or for a person to be exempt from the daily bag and possession limit 
specified in Sec. 640.23(a) for such spiny lobster, such person must 
have the licenses and certificates specified to be a ``commercial 
harvester,'' as defined on November 30, 1992, in Rule 46-24.002(2), 
Florida Administrative Code.
    (ii) EEZ other than off Florida. For a person to sell, trade, or 
barter, or attempt to sell, trade, or barter, a spiny lobster in or 
from the EEZ other than off Florida or for a person to be exempt from 
the daily bag and possession limit specified in Sec. 640.23(a) for such 
spiny lobster, a Federal vessel permit must be issued to the harvesting 
vessel and must be on board.
    (2) Tail-separation permits. For a person to possess aboard a 
fishing vessel a separated spiny lobster tail in or from the EEZ, a 
tail-separation permit must be issued to the vessel and must be on 
board.
    (3) Corporation/partnership-owned vessels. For a vessel owned by a 
corporation or partnership to be eligible for a Federal vessel permit 
specified in paragraph (a)(1)(ii) of this section, the earned income 
qualification specified in paragraph (b)(2)(vi) of this section must be 
met by, and the statement required by that paragraph must be submitted 
by, an officer or shareholder of the corporation, a general partner of 
the partnership, or the vessel operator.
    (4) Operator-qualified permits. A vessel permit issued upon the 
qualification of an operator is valid only when that person is the 
operator of the vessel.
    (b) Applications for permits. (1) An application for a Federal 
vessel and/or tail-separation permit must be submitted and signed by 
the owner (in the case of a corporation, a qualifying officer or 
shareholder; in the case of a partnership, a qualifying general 
partner) or operator of the vessel. The application must be submitted 
to the Regional Director at least 30 days prior to the date on which 
the applicant desires to have the permit made effective.
    (2) * * *
    (vi) A sworn statement by the applicant for a vessel permit 
certifying that at least 10 percent of his or her earned income was 
derived from commercial fishing, that is, sale of the catch, during the 
calendar year preceding the application.
* * * * *
    (viii) If a tail-separation permit is desired, a sworn statement by 
the applicant certifying that his or her fishing activity--
* * * * *
    4. In Sec. 640.6, in paragraph (b)(2), the reference to 
``Department of Natural Resources'' is revised to read ``Department of 
Environmental Protection'', and paragraphs (a), (b) heading, and (b)(1) 
introductory text are revised to read as follows:


Sec. 640.6  Vessel and gear identification.

    (a) EEZ off Florida. (1) An owner or operator of a vessel that is 
used to harvest spiny lobsters by traps in the EEZ off Florida must 
comply with the vessel and gear identification requirements applicable 
to the harvesting of spiny lobsters by traps in Florida's waters, as 
specified on November 30, 1992, in Sections 370.14 and 370.142, Florida 
Statutes, and in Rule 46-24.006 (3), (4), and (5), Florida 
Administrative Code.
    (2) An owner or operator of a vessel that is used to harvest spiny 
lobsters by diving in the EEZ off Florida must comply with the vessel 
identification requirements applicable to the harvesting of spiny 
lobsters by diving in Florida's waters, as specified on November 30, 
1992, in Rule 46-24.006(6), Florida Administrative Code.
    (b) EEZ other than off Florida. (1) The owner or operator of a 
vessel that is used to harvest spiny lobsters in the EEZ other than off 
Florida, must meet the following vessel and gear identification 
requirements:
* * * * *
    5. In Sec. 640.7, paragraph (a) is revised and new paragraph (u) is 
added to read as follows:


Sec. 640.7  Prohibitions.

* * * * *
    (a) Sell, trade, or barter, or attempt to sell, trade, or barter, a 
spiny lobster in or from the EEZ without a required license, 
certificate, or permit, as specified in Sec. 640.4(a)(1).
* * * * *
    (u) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, possession, or transfer of a spiny lobster.


Sec. 640.20  [Amended]

    6. In Sec. 640.20, in paragraph (c)(1), the phrase ``Rules of the 
Department of Natural Resources, Florida Marine Fisheries Commission,'' 
is removed.
    7. In Sec. 640.21, paragraph (d) is revised to read as follows:


Sec. 640.21  Harvest limitations.

* * * * *
    (d) Tail separation. The possession aboard a fishing vessel of a 
separated spiny lobster tail in or from the EEZ is authorized only when 
the possession is incidental to fishing exclusively in the EEZ on a 
trip of 48 hours or more and a Federal tail-separation permit specified 
in Sec. 640.4(a)(2) has been issued to and is on board the vessel.
    8. In Sec. 640.22, paragraph (b)(3)(i) is revised to read as 
follows:


Sec. 640.22  Gear and diving restrictions.

* * * * *
    (b) * * *
    (3) * * *
    (i) For traps in the EEZ off Florida, by the Florida Division of 
Law Enforcement, Department of Environmental Protection, as specified 
on November 30, 1992, in Rule 46-24.006(7), Florida Administrative 
Code; or
* * * * *
    9. In Sec. 640.23, paragraph (c)(2) and the first sentence of 
paragraph (d) are revised to read as follows:


Sec. 640.23  Bag and possession limits.

* * * * *
    (c) * * *
    (2) The vessel from which the person is operating has on board the 
required licenses, certificates, or permits, as specified in 
Sec. 640.4(a)(1).
    (d) During the commercial and recreational fishing season specified 
in Sec. 640.20(a), aboard a vessel with the required licenses, 
certificates, or permits specified in Sec. 640.4(a)(1) that harvests 
spiny lobster by net or trawl or has on board a net or trawl, the 
possession of spiny lobster in or from the EEZ may not exceed at any 
time 5 percent, whole weight, of the total whole weight of all fish 
lawfully in possession on board such vessel. * * *
* * * * *
[FR Doc. 94-26193 Filed 10-18-94; 3:34 pm]
BILLING CODE 3510-22-W