[Federal Register Volume 60, Number 233 (Tuesday, December 5, 1995)]
[Rules and Regulations]
[Pages 62224-62226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29518]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 649, 650, and 651

[Docket No. 950824215-5275-03; I.D. 050295B]
RIN 0648-AH37


American Lobster Fishery; Atlantic Sea Scallop Fishery; Northeast 
Multispecies Fishery; Vessel Ownership Requirements

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement measures contained in 
Framework Adjustment 1 to the American Lobster Fishery Management Plan 
(FMP), Framework Adjustment 3 to the Atlantic Sea Scallop FMP, and 
Framework Adjustment 7 to the Northeast Multispecies FMP. This rule 
implements framework adjustments that revise a provision in each of the 
FMPs that requires all permit applicants to own a fishing vessel at the 
time they apply for or renew a limited access permit. The intent of 
this rule is to allow certain applicants who have owned vessels that 
meet the various limited access permit qualification criteria, but who 
do not currently own a vessel, to preserve their eligibility to apply 
for a Federal limited access permit for a replacement vessel in 
subsequent years by obtaining a Confirmation of Permit History.

EFFECTIVE DATE: December 4, 1995.

ADDRESSES: Copies of the Framework Adjustments, Amendment 5 to the 
American Lobster FMP, Amendment 4 to the Atlantic Sea Scallop FMP, and 
Amendment 5 to the Northeast Multispecies FMP, including regulatory 
impact reviews, initial regulatory flexibility analyses, and final 
supplemental environmental impact statements are available upon request 
from Douglas Marshall, Executive Director, New England Fishery 
Management Council, 5 Broadway, Saugus, MA 01906-1097; telephone 617-
231-0422.

FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, Fishery Policy 
Analyst, 508-281-9272.

SUPPLEMENTARY INFORMATION:

Background

    In 1994, NMFS implemented major amendments, developed by the New 
England Fishery Management Council (Council), to the FMPs for the 
Atlantic sea scallop, northeast multispecies and the American lobster 
fisheries. These amendments, which were intended to address overfishing 
in these fisheries, implemented measures that limited access to these 
fisheries based upon historical participation. The Council did not, 
however, intend to force vessel owners to remain active in currently 
overfished fisheries in order to retain fishing rights for the future. 
To address this problem, the Council requested NMFS to implement this 
action, which will allow an applicant who has owned a vessel that meets 
the various limited access permit qualification criteria, but who does 
not own a vessel at the time of application, to preserve his/her right 
to qualify for a Federal limited access permit for a replacement vessel 
in subsequent years in the Atlantic sea scallop and northeast 
multispecies fisheries, and in the American lobster fishery. Qualified 
applicants will be allowed to apply for a Confirmation of Permit 
History and will need to apply for such annually to preserve the permit 
and fishing history of the qualifying vessel. See the proposed rule, 
which was published in the Federal Register on September 1, 1995 (60 FR 
45690), for further background and rationale for this action.

Comments and Responses

    The Council had discussed and heard public comment on this issue at 
the September 21-22, 1994, Council meeting, at which time the Council 
initiated this framework action. The public was notified of this 
Council meeting, and of the final Council meeting held on October 28-
29, 1994, at which time this action was further discussed. No public 
comments were received. The proposed rule, however, which was published 
in the Federal Register on September 1, 1995 (60 FR 45690), provided 
the public with 15 additional days to comment. No additional comments 
were received by the September 15, 1995, closing date.

Classification

    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration when this rule was proposed that it 
would not have a significant economic impact on a substantial number of 
small entities. As a result, a regulatory flexibility analysis was not 
prepared.

[[Page 62225]]

    Under 5 U.S.C. 553(d)(1), because this rule relieves a restriction 
on the industry, it is not subject to a 30-day delay in effective date.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with a collection-of-information subject to the requirements 
of the Paperwork Reduction Act (PRA) unless that collection-of-
information displays a currently valid Office of Management and Budget 
(OMB) Control Number.
    This rule contains a collection-of-information requirement subject 
to the PRA that has been approved by OMB under OMB Control Number 0648-
0202. The public reporting burden for completing an application for a 
Confirmation of Permit History is estimated at 0.5 hours per response. 
This estimate includes the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.

List of Subjects

50 CFR Part 649

    Fisheries.

50 CFR Part 650

    Fisheries, Reporting and recordkeeping requirements.

50 CFR Part 651

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: November 28, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR parts 649, 650, and 
651 are amended as follows:

PART 649--AMERICAN LOBSTER FISHERY

    1. The authority citation for part 649 continues to read as 
follows:

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

    2. In Sec. 649.4, paragraph (b)(6) is added to read as follows:


Sec. 649.4  Vessel permits.

* * * * *
    (b) * * *
    (6) Confirmation of Permit History. Notwithstanding any other 
provisions of this part, a person who does not currently own a fishing 
vessel, but who has owned a qualifying vessel that has sunk, been 
destroyed, or transferred to another person, may apply for and receive 
a Confirmation of Permit History if the fishing and permit history of 
such vessel has been retained lawfully by the applicant. To be eligible 
to obtain a Confirmation of Permit History, the applicant must show 
that the qualifying vessel meets the eligibility requirements, as 
applicable, in this part. Issuance of a valid and current Confirmation 
of Permit History preserves the eligibility of the applicant to apply 
for or renew a limited access permit for a replacement vessel based on 
the qualifying vessel's fishing and permit history at a subsequent 
time, subject to the replacement provisions specified at Sec. 649.4. A 
Confirmation of Permit History must be applied for and received on an 
annual basis in order for the applicant to preserve the fishing rights 
and limited access eligibility of the qualifying vessel. If fishing 
privileges have been assigned or allocated previously under this part 
based on the qualifying vessel's fishing and permit history, the 
Confirmation of Permit History also preserves such fishing privileges. 
Any decision regarding the issuance of a Confirmation of Permit History 
for a qualifying vessel that has applied for or been issued previously 
a limited access permit under this part is a final agency action 
subject to judicial review under 5 U.S.C. 704. Applications for a 
Confirmation of Permit History shall be accepted by the Regional 
Director on or before December 31, 1995. For subsequent years, 
applications must be received by the end of the calendar year in which 
the Confirmation of Permit History expires. Information requirements 
for the Confirmation of Permit History application shall be the same as 
those for a limited access permit with any request for information 
about the vessel being applicable to the qualifying vessel that has 
been sunk, destroyed, or transferred. Vessel permit applicants who hold 
a Confirmation of Permit History and who wish to obtain a vessel permit 
for a replacement vessel based upon the previous vessel history may do 
so pursuant to paragraph (b) of this section.
* * * * *

PART 650--ATLANTIC SEA SCALLOP FISHERY

    3. The authority citation for part 650 continues to read as 
follows:

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

    4. In Sec. 650.4, the introductory text is revised and paragraph 
(a)(10) is added to read as follows:


Sec. 650.4  Vessel permits.

    Any vessel of the United States that fishes for, possesses, or 
lands per trip Atlantic sea scallops in quantities greater than 40 lb 
(18.14 kg) shucked scallops or 5 bushels (176.2 l) in-shell, except 
vessels that fish exclusively in state waters for sea scallops, must 
have been issued and carry on board a valid limited access scallop 
permit or a valid general scallop permit, issued under this section.
    (a) * * *
    (10) Confirmation of Permit History. Notwithstanding any other 
provisions of this part, a person who does not currently own a fishing 
vessel, but who has owned a qualifying vessel that has sunk, been 
destroyed, or transferred to another person, may apply for and receive 
a Confirmation of Permit History if the fishing and permit history of 
such vessel has been retained lawfully by the applicant. To be eligible 
to obtain a Confirmation of Permit History, the applicant must show 
that the qualifying vessel meets the eligibility requirements, as 
applicable, in this part. Issuance of a valid and current Confirmation 
of Permit History preserves the eligibility of the applicant to apply 
for or renew a limited access permit for a replacement vessel based on 
the qualifying vessel's fishing and permit history at a subsequent 
time, subject to the replacement provisions specified at Sec. 650.4. A 
Confirmation of Permit History must be applied for and received on an 
annual basis in order for the applicant to preserve the fishing rights 
and limited access eligibility of the qualifying vessel. If fishing 
privileges have been assigned or allocated previously under this part 
based on the qualifying vessel's fishing and permit history, the 
Confirmation of Permit History also preserves such fishing privileges. 
Any decision regarding the issuance of a Confirmation of Permit History 
for a qualifying vessel that has applied for or been issued previously 
a limited access permit under this part is a final agency action 
subject to judicial review under 5 U.S.C. 704. Applications for a 
Confirmation of Permit History shall be accepted by the Regional 
Director on or before December 31, 1995. For subsequent years, such 
applications must be received by the end of the calendar year in which 
the Confirmation of Permit History expires. Information requirements 
for the Confirmation of Permit History application shall be the same as 
those for a limited access permit with any request for information 
about the vessel being applicable to the qualifying vessel that has 
been sunk, destroyed or transferred. Vessel permit applicants who hold 
a Confirmation of Permit History and who wish to obtain a vessel permit 
for a replacement vessel based 

[[Page 62226]]
upon the previous history may do so pursuant to paragraph (a) of this 
section.
* * * * *

PART 651--NORTHEAST MULTISPECIES FISHERY

    5. The authority citation for part 651 continues to read as 
follows:

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

    6. In Sec. 651.4, paragraph (a) introductory text is revised and 
paragraph (a)(10) is added to read as follows:


Sec. 651.4  Vessel permits.

* * * * *
    (a) Limited access multispecies permits. Beginning on May 1, 1994, 
any vessel of the United States that possesses or lands more than the 
possession limit of regulated species specified under Sec. 651.27(a), 
except vessels fishing with fewer than 4,500 hooks that have been 
issued a hook-gear-only permit as specified in paragraph (b) of this 
section, vessels fishing for regulated species exclusively in state 
waters, and recreational fishing vessels, must have been issued and 
carry on board a valid Federal limited access multispecies permit, or 
an authorizing letter issued under paragraph (a)(8)(v) of this section. 
To qualify for a limited access multispecies permit, a vessel must meet 
the following criteria, as applicable:
* * * * *
    (10) Confirmation of Permit History. Notwithstanding any other 
provisions of this part, a person who does not currently own a fishing 
vessel, but who has owned a qualifying vessel that has sunk, been 
destroyed, or transferred to another person, may apply for and receive 
a Confirmation of Permit History if the fishing and permit history of 
such vessel has been retained lawfully by the applicant. To be eligible 
to obtain a Confirmation of Permit History, the applicant must show 
that the qualifying vessel meets the eligibility requirements, as 
applicable, in this part. Issuance of a valid and current Confirmation 
of Permit History preserves the eligibility of the applicant to apply 
for or renew a limited access permit for a replacement vessel based on 
the qualifying vessel's fishing and permit history at a subsequent 
time, subject to the replacement provisions specified at Sec. 651.4. A 
Confirmation of Permit History must be applied for and received on an 
annual basis in order for the applicant to preserve the fishing rights 
and limited access eligibility of the qualifying vessel. If fishing 
privileges have been assigned or allocated previously under this part 
based on the qualifying vessel's fishing and permit history, the 
Confirmation of Permit History also preserves such fishing privileges. 
Any decision regarding the issuance of a Confirmation of Permit History 
for a qualifying vessel that has applied for or been issued previously 
a limited access permit under this part is a final agency action 
subject to judicial review under 5 U.S.C. 704. Applications for a 
Confirmation of Permit History shall be accepted by the Regional 
Director on or before December 31, 1995. For subsequent years, such 
applications must be received by the end of the calendar year before 
the year for which the Confirmation of Permit History expires. 
Information requirements for the Confirmation of Permit History 
application shall be the same as those for a limited access permit with 
any request for information about the vessel being applicable to the 
qualifying vessel that has been sunk, destroyed or transferred. Vessel 
permit applicants who hold a Confirmation of Permit History and who 
wish to obtain a vessel permit for a replacement vessel based upon the 
previous vessel history may do so pursuant to paragraph (a) of this 
section.
* * * * *
[FR Doc. 95-29518 Filed 12-4-95; 8:45 am]
BILLING CODE 3510-22-F