[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Proposed Rules]
[Pages 47341-47345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22551]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 641

[Docket No. 950810-206-5224-02; I.D. 082395A]
RIN 0648-AG29


Reef Fish Fishery of the Gulf of Mexico; Amendment 11

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 issues this proposed rule to implement Amendment 11 to 
the Fishery Management Plan for the Reef Fish Resources of the Gulf of 
Mexico (FMP). Amendment 11 proposes to revise the framework procedure 
for modifying management measures, change the definition of optimum 
yield (OY), restrict the sale/purchase of reef fish harvested from the 
exclusive economic zone (EEZ) to permitted reef fish vessels/dealers, 
allow transfer of reef fish permits and fish trap endorsements under 
specified circumstances, implement a new reef fish permit moratorium, 
and require charter vessel and headboat permits. NMFS, based on a 
preliminary evaluation of Amendment 11, has disapproved three of the 
measures in the amendment because they are inconsistent with the 
Magnuson Fishery Conservation and Management Act (Magnuson Act). The 
proposed rule would implement the remaining measures in Amendment 11. 
The intended effects of the proposed rule are to improve procedures for 
timely management, relieve restrictions and hardships, and enhance 
enforceability of the regulations.

DATES: Written comments must be received on or before October 27, 1995.

ADDRESSES: Comments on the proposed rule must be sent to Robert Sadler, 
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. 
Petersburg, FL 33702.
    Requests for copies of Amendment 11, which includes an 
environmental assessment, a regulatory impact review (RIR), and an 
initial regulatory flexibility analysis (IRFA), 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: Michael E. Justen or 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 (Council) and is implemented through 
regulations at 50 CFR part 641 under the authority of the Magnuson Act.

Minor Revisions to the FMP's Procedure

    The Council has proposed editorial changes to the FMP's annual 
procedure for specifying total allowable catch (TAC) to reflect its 
current practice of Socioeconomic Panel review of the annual stock 
assessments. The Council also proposes to specify in the procedure that 
the recovery period will be set by the Council, not the Stock 
Assessment Panel. These changes are described in Amendment 11 and are 
not repeated here.

Allowance for TAC to Exceed Allowable Biological Catch

    The Council has proposed to modify the language of the procedure to 
allow TAC to exceed the allowable biological catch (ABC) level 
specified for stocks not assessed as overfished. The purpose of this 
measure is to allow a digression from maintaining TAC at or below ABC 
when necessary to address short-term economic or social concerns. The 
Council's intent is to ease restrictions in setting TAC, and to make 
the FMP consistent with similar language in the Fishery Management Plan 
for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
South Atlantic.
    This measure does not have any time constraints or upper limits for 
the digression. Application of this approach is risk prone in that it 
would not assure the prevention of overfishing before the Council could 
take corrective action. Therefore, NMFS has determined that this 
measure is inconsistent with National Standard 1 of the Magnuson Act. 
Accordingly, the Director, Southeast Region, NMFS (Regional Director), 
finds that this provision must be disapproved under the Magnuson Act 
and has not included it in this proposed rule.

Biological Generation Time

    The FMP's procedure provides for specification of a recovery period 
for each stock up to 1.5 times the biological generation time. The 
``biological generation time'' specified in the FMP is equal to the age 
at which the average female achieves half of her expected lifetime egg 
production. Recovery periods longer than 1.5 times the biological 
generation time may be proposed by amendment to the FMP.
    The Council is proposing to increase the upper limit for 
specification of the recovery period for red snapper from 1.5 to 2.0 
times the biological generation time, or other biologically based 
recovery period developed by the Reef Fish Stock Assessment Panel, 
Socioeconomic Panel, Scientific and Statistical Committee, and Advisory 
Panel and approved by the Council. The upper limit of 2.0 times the 
biological generation time equates to a maximum recovery target year of 
2017, assuming a biological generation time for red snapper of 13.6 
years (with a natural mortality rate estimate of M = 0.2).
    The Council selected this alternative because many fishermen are 
heavily dependent on red snapper, and the increased flexibility will 
allow greater consideration of social and economic considerations in 
the recovery schedule for this species.
    Given the known overfished state of the red snapper stock, this 
change increases the chances of a stock collapse in the event of one or 
more year class recruitment failures rather than assuring the 
prevention of overfishing. Accordingly, NMFS has determined that this 
measure is inconsistent with National Standards 1 (prevention of 
overfishing) and 2 (best available scientific information). 
Accordingly, the Regional Director finds that this provision must be 
disapproved under the Magnuson Act and therefore has not included it in 
this proposed rule.

[[Page 47342]]


Changes to the FMP's Definition of Optimum Yield

    The current definition of OY is to stabilize long-term population 
levels of all reef fish species by establishing a certain survival rate 
of biomass into the stock of spawning age to achieve at least 20 
percent spawning potential ratio (SPR). The Council considered several 
OY definitions based on the recommendation of the SPR Strategy 
Committee that OY should not be the same as the definition of 
overfishing. The Council proposes to set OY based on an SPR level 
corresponding to F0.1 until an alternative operational definition 
that optimizes ecological, economic, and social benefits to the Nation 
has been developed by Reef Fish Stock Assessment Panel, Socioeconomic 
Panel, Scientific and Statistical Committee, and Reef Fish Advisory 
Panel, and approved by the Council. Under current management 
conditions, SPR at F0.1 is approximately 34 percent for red 
snapper, 46 percent for red grouper, and 48 percent for gag.
    The proposed management regime sets OY for each stock based on a 
spawning potential ratio (SPR) level corresponding to F0.1 until 
an alternative operational definition that optimizes ecological, 
economic and social benefits to the Nation has been developed. However, 
the Southeast Fisheries Science Center (SEFSC) has determined that the 
analysis underlying this OY definition is incomplete. For example, the 
Council's document failed to address the relationship between this 
formula and the issues of bycatch and minimum size. A complete analysis 
of the impact of bycatch and minimum size on the formula would reveal 
extreme ranges in SPR targets from year to year, causing significant 
instability in the fishery. Without a thorough review of the impacts of 
this proposed OY definition, this information cannot be considered the 
best scientific information available. Therefore, NMFS has determined 
that this measure is inconsistent with National Standard 2. 
Accordingly, the Regional Director finds that this provision must be 
disapproved under the Magnuson Act and it is not included in this 
proposed rule.
    Use of F0.1 to define OY also would be inconsistent with 
National Standard 1. Under National Standard 1, the most important 
limitation on the specification of OY is that the choice of OY, and the 
conservation and management measures designed to achieve it, must 
prevent overfishing. Since use of F0.1 is not appropriate for the 
reef fish fisheries, there is no assurance that the choice of OY and 
the conservation and management measures selected to achieve OY will 
actually prevent overfishing.

Restrictions on Reef Fish Transactions

    To ensure that catches of reef fish are properly tracked, the sale 
of reef fish harvested by a vessel with a Federal commercial permit 
would be allowed only to a federally permitted dealer. A federally 
permitted dealer would be allowed to purchase reef fish harvested in 
the EEZ only from a vessel with a Federal commercial reef fish permit. 
These requirements would: (1) Improve quota monitoring by providing a 
census of reef fish dealers; (2) enhance the enforceability of the 
dealer and vessel permit requirements; and (3) aid in verifying 
required vessel logbook submissions.

Transfer of Fish Trap Endorsements

    Currently, transfer of a fish trap endorsement is allowed upon 
change of ownership of a vessel with a fish trap endorsement from one 
to another of the following: Husband, wife, son, daughter, brother, 
sister, mother, or father. No provisions are made for permanent or 
temporary transfers of fish trap endorsements when a vessel with such 
endorsement has a change of ownership that is directly related to the 
disability or death of the owner. The Council has learned of hardships 
that have resulted from the non-transferability of fish trap 
endorsements upon the disability or death of the vessel owner. To 
alleviate such hardships, the Council proposes that the Regional 
Director have authority to transfer or revise the fish trap 
endorsements, either temporarily or permanently, upon the disability or 
death of such owner. Transfer/revision would be in accordance with 
instructions of the owner or his/her legal guardian, in the case of a 
disabled owner, or of the will or executor of the estate, in the case 
of a deceased owner.

One-time Transfer of Fish Trap Endorsements

    The regulations implementing Amendment 5 (59 FR 966, January 7, 
1994) established a fish trap endorsement to the vessel permit that 
allowed use of fish traps by certain fishermen and established a 3-year 
moratorium on the issuance of additional endorsements, effective 
February 7, 1994. To qualify for the endorsement, persons must have had 
logbook records of landings of reef fish from traps during the period 
1991 through November 19, 1992. Some persons who had invested in gear 
and vessels to participate in the trap fishery, but had not 
participated prior to November 19, 1992, were denied the privilege of 
fishing in that fishery. Amendment 11 would allow a one-time transfer 
of fish trap endorsements in effect on September 12, 1995, to vessels 
with a commercial vessel permit whose owners have a record of landings 
of reef fish from traps in the EEZ, as reported on fishing vessel 
logbooks received by the Science and Research Director from November 
20, 1992, through February 6, 1994. The proposed transfer of current 
endorsements, some of which are not being used to fish traps, would 
provide the opportunity to participate in the fish trap fishery for the 
duration of the moratorium to persons who entered the fishery without 
being aware of the impending moratorium and were subsequently excluded.

Moratorium on Reef Fish Commercial Vessel Permits

    The current moratorium on issuance of new commercial vessel permits 
in the reef fish fishery is scheduled to end on December 31, 1995. 
Amendment 11 proposes a new moratorium while the Council considers 
limited access for the reef fish fishery. Commercial permits under the 
new moratorium would be restricted initially to vessels whose permits 
are eligible for renewal on December 31, 1995. Under the proposed new 
moratorium, an owner whose earned income qualified for the permit may 
transfer the permit to the owner of another vessel or to a person 
purchasing the commercially permitted vessel. Such new owner may 
receive a commercial permit for that vessel, and renew it for the first 
calendar year after obtaining it, without meeting the earned income 
requirement. However, to renew the commercial vessel permit for the 
second calendar year after the transfer, the new owner must meet the 
earned income requirement not later than the first calendar year after 
the vessel acquires the permit.
    The proposed moratorium would continue for up to 5 years, that is, 
through not later than December 31, 2000, while the Council considers a 
permanent limited access system for the reef fish fishery. Section 303 
of the Magnuson Act provides that the Council may establish a system 
for limiting access to the fishery in order to achieve OY if, in 
developing such system, the Council takes into account several factors. 
As the proposed moratorium has implications of limited access, 
Amendment 11 contains the Council's determinations on those factors.

Charter Vessel and Headboat Permits

    Currently, permits are required to operate as charter vessels or 
headboats 

[[Page 47343]]
in the EEZ under the FMP for coastal migratory pelagic resources, but 
not for reef fish. Amendment 11 proposes that reef fish charter vessels 
and headboats be required to obtain annual permits. Such permits would 
aid in monitoring this segment of the fishery and in identifying 
vessels that may qualify for the 2 day possession limit applicable to 
charter vessels and headboats under certain conditions. Other benefits 
include: Use of permit sanctions for curbing the activities of repeat 
offenders, efficient deployment of enforcement resources, and 
improvement of basic statistics for use in assessing impacts of 
alternative regulations.
    The Council suggested that, as a criterion for charter vessel/
headboat permits, such vessels must possess the appropriate licenses 
required by the state from which it operates. All of the Gulf states 
have license requirements. NMFS concurs with the aim of ensuring 
compatibility of state and Federal requirements in this regard, but 
finds this suggestion to be unnecessarily burdensome. To put it into 
effect, the Regional Director would have to know and apply the 
licensing requirements of each of the five Gulf states. In lieu of such 
criterion, the Regional Director will periodically advise the 
appropriate authorities of each state of charter vessel/headboat 
permits issued for vessels of that state. Each state may then take 
appropriate action under its authority.
    The Council wishes to advise charter vessel and headboat owners and 
operators that income requirements may be considered as a criterion for 
charter vessel/headboat permits in a future amendment to the FMP.

Availability of Amendment 11

    Additional background and rationale for the measures discussed 
above are contained in Amendment 11, the availability of which was 
announced in the Federal Register (60 FR 45392, August 31, 1995).

Classification

    Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish 
regulations proposed by a Council within 15 days of receipt of an 
amendment and regulations. At this time, NMFS has not determined that 
Amendment 11 is consistent with the national standards, other 
provisions of the Magnuson Act, and other applicable laws, except for 
those parts of Amendment 11 specifically disapproved, as discussed 
above. NMFS, in making that determination with respect to the remaining 
parts of Amendment 11, will take into account the data, views, and 
comments received during the comment period.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Council prepared an IRFA as part of the RIR, which describes 
the impacts this proposed rule would have on small entities, if 
adopted. The impacts are summarized as follows:
    All of the commercial and charter vessel/headboat businesses are 
small entities that would be affected by one or more of the actions in 
the proposed rule. In terms of revenues and costs:
    (1) The restrictions on reef fish transactions between permitted 
vessels and permitted dealers would marginally decrease revenues and 
increase costs; (2) the reduction of restrictions on transfer of fish 
trap endorsements would increase revenues to fish trappers; (3) the 
charter vessel/headboat permit requirement would increase costs for 
that sector; and (4) the new permit moratorium would affect the 
revenues of current commercial operators in a positive manner relative 
to the status quo.
    Under the status quo, the current permit moratorium would cease and 
a larger number of entrants to the fishery would be expected. This 
would tend to decrease the revenues of current participants by more 
than 5 percent, although neither the number of new entrants nor their 
combined levels of efforts can be estimated. Hence, the new moratorium 
can be considered to have a positive effect on revenues greater than 5 
percent. No entities are expected to be forced to cease operations. A 
copy of the IRFA is available from the Council (see ADDRESSES).
    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act. This requirement has been submitted to 
OMB for approval. Specifically, applications would be required for 
charter vessel/headboat permits. The public reporting burden for this 
collection of information is estimated to average 20 minutes per 
response. This rule revises the collections of information relating to 
applications for commercial vessel permits and applications for fish 
trap endorsements, which are currently approved under OMB Control No. 
0648-0205 and have public reporting burdens estimates of 20 minutes per 
response, each. Their reporting burden estimates are unchanged. This 
rule repeats the collection of information requirement for dealer 
permits, which is currently approved under OMB Control No. 0648-0205 
and has a public reporting burden estimate of 5 minutes per response. 
Each of the above reporting burden estimates includes 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 any of 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: September 6, 1995.
Gary Matlock,
Program Management Officer, 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, paragraphs (o) and (p) are removed; paragraphs 
(a) and (b), the first sentence of paragraph (f)(1), the first sentence 
of paragraph (h), paragraphs (m) and (n) are revised to read as 
follows:


Sec. 641.4  Permits and fees.

    (a) Applicability--(1) Commercial vessel permits.
    (i) As a prerequisite to selling reef fish in or from the EEZ and 
to be eligible for exemption from the bag limits specified in 
Sec. 641.24(b) for reef fish in or from the EEZ, an annual commercial 
vessel permit for reef fish must be issued to the vessel and must be on 
board. However, see paragraph (m) of this section regarding a 
moratorium on commercial vessel permits.
    (ii) To obtain or renew a commercial vessel permit, the owner or 
operator of the vessel must have derived more than 50 percent of his or 
her earned income from commercial fishing, that is, sale of the catch, 
or from charter or headboat operations during either of the 2 calendar 
years preceding the application. (See paragraph (m)(3) of this section 
for a limited exception to this requirement.) For a vessel owned by a 
corporation or partnership, the earned income requirement must be met 
by an officer or shareholder of the corporation, a general partner of 
the partnership, or the vessel operator. A commercial vessel permit 
issued upon the qualification of 

[[Page 47344]]
an operator is valid only when that person is the operator of the 
vessel.
    (iii) A qualifying owner or operator of a charter vessel or 
headboat may obtain a commercial vessel permit. However, a charter 
vessel or headboat must adhere to the bag limits when operating as a 
charter vessel or headboat.
    (2) Fish trap endorsements. To possess or use a fish trap in the 
EEZ, a commercial vessel permit for reef fish with a fish trap 
endorsement must be issued to the vessel and must be on board. However, 
see paragraph (n) of this section regarding a moratorium on fish trap 
endorsements. In addition, a color code for marking the vessel and trap 
buoys must be obtained from the Regional Director--see Sec. 641.6.
    (3) Charter vessel/headboat permits. For a person on board a 
charter vessel or headboat to fish for or possess a reef fish in or 
from the EEZ, a charter vessel/headboat permit for reef fish must be 
issued to the vessel and must be on board.
    (4) Dealer permits. A dealer who receives from a fishing vessel 
reef fish harvested from the EEZ must obtain an annual dealer permit. 
To be eligible for such permit, an applicant must have a valid state 
wholesaler's license in the state(s) where the dealer operates, if 
required by such state(s), and must have a physical facility at a fixed 
location in such state(s).
    (b) Application for a vessel permit. (1) An application for a 
commercial vessel permit or a charter vessel/headboat permit must be 
submitted to the Regional Director 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. 
After receipt of a complete application, at least 30 days must be 
allowed for processing the application and issuing a permit. All 
permits are mailed to owners, whether the applicant is an owner or an 
operator.
    (2) An applicant must provide the following:
    (i) A copy of the vessel's valid U.S. Coast Guard certificate of 
documentation or, if not documented, a copy of its valid state 
registration certificate.
    (ii) The vessel's name and official number.
    (iii) The name, address, telephone number, and other identifying 
information of the owner and of the applicant, if other than the owner.
    (iv) Any other information concerning the vessel, gear 
characteristics, principal fisheries engaged in, or fishing areas 
requested by the Regional Director.
    (v) Any other information that may be necessary for the issuance or 
administration of the permit.
    (3) In addition, an applicant for a commercial vessel permit--
    (i) Must provide documentation of earned income that meets the 
criteria of paragraph (a)(1)(ii) of this section; and
    (ii) If fish traps will be used to harvest reef fish, must provide 
the following information:
    (A) The number, dimensions, and estimated cubic volume of the fish 
traps that will be used; and
    (B) The applicant's desired color code for use in identifying his 
or her vessel and buoys (white is not an acceptable color code).
* * * * *
    (f) * * * (1) The Regional Director will issue a permit at any time 
to an applicant if the application is complete and, in the case of an 
application for a commercial vessel permit, the applicant meets the 
earned income requirement specified in paragraph (a)(1)(ii) of this 
section. * * *
* * * * *
    (h) * * * A vessel permit or endorsement or dealer permit issued 
under this section is not transferable or assignable, except as 
provided under paragraph (m) of this section for a commercial vessel 
permit or as provided under paragraph (n) of this section for a fish 
trap endorsement. * * *
* * * * *
    (m) Moratorium on commercial vessel permits. This paragraph (m) is 
effective through December 31, 2000.
    (1) Except for an application for renewal of an existing commercial 
vessel permit or as provided in paragraphs (m)(2) and (m)(3) of this 
section, no applications for commercial vessel permits will be 
accepted.
    (2) An owner of a permitted vessel may transfer the commercial 
vessel permit to another vessel owned by the same entity by returning 
the existing permit with an application for a commercial vessel permit 
for the replacement vessel.
    (3) An owner whose earned income qualified for the commercial 
vessel permit may transfer that permit to the owner of another vessel 
or to the new owner when he or she sells the permitted vessel. The 
owner of a vessel that is to receive the transferred permit must return 
the existing permit to the Regional Director with an application for a 
commercial vessel permit for his or her vessel. Such new owner may 
receive a commercial vessel permit for that vessel, and renew it for 
the first calendar year after obtaining it, without meeting the earned 
income requirement of paragraph (a)(1)(ii) of this section. However, to 
renew the commercial vessel permit for the second calendar year after 
the transfer, the new owner must meet that earned income requirement 
not later than the first calendar year after the permit transfer takes 
place.
    (4) A commercial vessel 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 1 year of the expiration date of the permit.
    (n) Moratorium on fish trap endorsements. The provisions of this 
paragraph (n) are effective through February 7, 1997.
    (1) A fish trap endorsement will not be issued or renewed unless 
the current owner of the commercially permitted vessel for which the 
endorsement is requested has a record of landings of reef fish from 
fish traps in the EEZ of the Gulf of Mexico during 1991 or 1992, as 
reported on fishing vessel logbooks received by the Science and 
Research Director on or before November 19, 1992. An owner will not be 
issued fish trap endorsements for vessels in numbers exceeding the 
number of vessels for which the owning entity had the requisite 
reported landings in 1991 or 1992.
    (2) An owner of a vessel with a fish trap 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) A fish trap endorsement is not transferable upon change of 
ownership of a vessel with a fish trap endorsement, except as follows:
    (i) A fish trap endorsement is transferable when the change of 
ownership of the permitted vessel is from one to another of the 
following: Husband, wife, son, daughter, brother, sister, mother, or 
father.
    (ii) In the event that a vessel with a fish trap endorsement has a 
change of ownership that is directly related to the disability or death 
of the owner, the Regional Director may issue a fish trap endorsement, 
temporarily or permanently, with the reef fish commercial permit 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 reef fish permit upon disability or death of 
an owner is 

[[Page 47345]]
considered a purchase of a permitted vessel and paragraph (m)(3) of 
this section applies regarding a commercial reef fish permit for the 
vessel under the new owner.)
    (4) A fish trap endorsement in effect on September 12, 1995, may be 
transferred to a vessel with a commercial vessel permit whose owner has 
a record of landings of reef fish from fish traps in the EEZ, as 
reported on fishing vessel logbooks received by the Science and 
Research Director from November 20, 1992, through February 6, 1994, and 
who was unable to obtain a fish trap endorsement under paragraph (n)(1) 
of this section. The owner of a vessel that is to receive the 
transferred endorsement must return the currently endorsed commercial 
permit and the unendorsed permit to the Regional Director with an 
application for a fish trap endorsement for his or her vessel. Revised 
commercial permits will be returned to each owner.
    (5) If a fish trap endorsement is transferred under paragraph 
(n)(3) or (n)(4) of this section, the owner of the vessel to which the 
endorsement is transferred may renew the endorsement without regard to 
the requirement of paragraph (n)(1) of this section regarding a record 
of landing of reef fish from fish traps.
    (6) 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 1 year of the expiration date of the permit.


Sec. 641.5  [Amended]

    3. In Sec. 641.5, in the first sentence of paragraph (c), the 
phrase ``reef fish permit'' is removed and the phrase ``commercial reef 
fish permit'' is added in its place.
    4. In Sec. 641.7, paragraphs (a), (y), and (bb) are revised, 
paragraphs (cc) and (dd) are redesignated as paragraphs (ee) and (ff), 
respectively, and new paragraphs (cc) and (dd) are added to read as 
follows:


Sec. 641.7  Prohibitions.

* * * * *
    (a) Falsify information specified in Sec. 641.4(b) or (c) on an 
application for a permit or endorsement, or information regarding 
transfer or revision of a permit or endorsement.
* * * * *
    (y) Use or possess in the EEZ a fish trap without a valid fish trap 
endorsement, as specified in Sec. 641.4(a)(2).
* * * * *
    (bb) Receive from a fishing vessel, by purchase, trade, or barter, 
without a dealer permit, reef fish harvested from the EEZ, as specified 
in Sec. 641.4(a)(4).
    (cc) Sell, trade, or barter or attempt to sell, trade, or barter 
reef fish harvested on board a vessel for which a commercial permit has 
been issued under Sec. 641.4 to a dealer that does not have a permit 
issued under Sec. 641.4, as specified in Sec. 641.28(a).
    (dd) As a permitted dealer, purchase, trade, or barter or attempt 
to purchase, trade, or barter reef fish harvested on board a vessel 
that does not have a commercial permit issued under Sec. 641.4, as 
specified in Sec. 641.28(b).
* * * * *
    5. Sections 641.28 and 641.29 are redesignated as Secs. 641.29 and 
641.30, respectively, and new Sec. 641.28 is added to read as follows:


Sec. 641.28  Restrictions on sale/purchase.

    (a) A reef fish harvested in the EEZ by a vessel that does not have 
a valid commercial permit, as required by Sec. 641.4(a)(1), or 
possessed under the bag limits specified in Sec. 641.24(b), may not be 
purchased, bartered, traded, or sold, or attempted to be purchased, 
bartered, traded, or sold.
    (b) A reef fish harvested on board a vessel for which a valid 
commercial permit has been issued under Sec. 641.4 may be sold, traded, 
or bartered or attempted to be sold, traded, or bartered only to a 
dealer who has a valid permit issued under Sec. 641.4.
    (c) A reef fish harvested in the EEZ may be purchased, traded, or 
bartered or attempted to be purchased, traded, or bartered by a dealer 
who has a valid permit issued under Sec. 641.4 only from a vessel for 
which a valid commercial permit has been issued under Sec. 641.4.


Secs. 641.2,  641.23, 641.24, 641.25, and 641.27 [Amended]

    6. In addition to the amendments set forth above, in 50 CFR part 
641 remove the word ``permit'' and add, in its place, the words 
``commercial permit'' in the following places:
    (a) Section 641.2 in the definitions of ``Charter vessel'' and 
``Headboat'';
    (b) Section 641.23(d)(2)(iii);
    (c) Section 641.24(a)(1)(ii)(A);
    (d) Section 641.25 introductory text; and
    (e) Section 641.27(a).
[FR Doc. 95-22551 Filed 9-7-95; 9:35 am]
BILLING CODE 3510-22-F