[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Proposed Rules]
[Pages 32422-32424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15936]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 641

[Docket No. 960613174-6174-01; I.D. 050996C]
RIN 0648-AI71


Reef Fish Fishery of the Gulf of Mexico; Amendment 13

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 13 to 
this Fishery Management Plan for the Reef Fish Resources of the Gulf of 
Mexico (FMP). Amendment 13 would extend the red snapper vessel permit 
endorsement and trip limit system until implementation of: The 
individual transferable quota (ITQ) system approved under Amendment 8 
to the FMP, or an alternate program to restrict access to the 
commercial red snapper fishery, such as a limited license system. If 
neither option is possible, the trip limit and endorsement provisions 
would terminate on December 31, 1997. The intent effects of this rule 
are to stabilize the fishery and to provide for controlled harvest 
until a more comprehensive controlled access plan can be implemented.

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 13, which includes an 
environmental assessment and a regulatory impact review (RIR), should 
be sent to the Gulf of Mexico Fishery Management Council (Council), 
5401 West Kennedy Boulevard, Suite 331, Tampa, FL 33609. Related RIRs 
for Amendments 6 and 9 may also be obtained from the Council.

DATES: Written comments must be received on or before August 8, 1996.

FOR FURTHER INFORMATION CONTACT: Robert Sadler, 813-570-5305.


[[Page 32423]]


SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico 
is managed under the FMP. The FMP 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).

Background

    An ATQ system was proposed by the Council in Amendment 8 to the FMP 
to address excessive effort capacity in the commercial red snapper 
fishery in the Gulf of Mexico. Amendment 8 was approved by NMFS, and 
the final rule to implement it was published November 29, 1995 (60 FR 
61200). Starting April 1, 1996, participation in the commercial fishery 
for red snapper was to be controlled by ITQs based on percentage shares 
of the commercial quota. However, because of the furlough of NMFS 
personnel and budget limitations under the continuing resolutions that 
provide operating funds for Commerce from December 1995 through March 
1996, NMFS was unable to issue ITQ shares and coupons and implement the 
ITQ system on April 1. Accordingly, NMFS implemented an emergency 
interim rule on February 29, 1996 (61 FR 7751), to suspend 
implementation of the ITQ system and to continue the red snapper 
endorsement and trip limit provisions, then in effect under another 
emergency interim rule (61 FR 17, January 2, 1996), as long as the 1996 
commercial fishery was open. The 1996 commercial red snapper season 
opened on February 1, 1996, the annual commercial quota was reached on 
April 4, 1996, and the commercial red snapper fishery was closed on 
April 5, 1996.

Amendment 13

    Amendment 13 was developed by the Council because of concerns that 
implementation of the ITQ system would be further delayed by 
Congressional action. In fact, section 210 of the Department of 
Commerce and Related Agencies Appropriations Act for 1996 (Public Law 
104-134) prohibits NMFS from using funds appropriated under that act, 
or any other act, to implement regulations for any ITQ system that was 
approved by the Secretary of Commerce (Secretary) after January 4, 
1995, until offsetting fees to pay for the cost of administering such 
regulations are expressly authorized under the Magnuson Act. The 
commercial red snapper ITQ system is affected by section 210, because 
NMFS, for the Secretary, approved Amendment 8 on October 13, 1995.
    The problems in the fishery that led to implementation of the red 
snapper endorsement system, and approval of the ITQ system under 
Amendment 8, are expected to continue until a comprehensive program to 
control access to red snapper can be implemented. Until then, 
controlled harvest rates (i.e., the trip limit and endorsement system) 
are needed to stabilize the fishery. The Council, after review of 
various alternatives, determined that continuation of the red snapper 
endorsement system and its associated trip limits is appropriate to 
allow an open fishery until a permanent controlled access system can be 
implemented. Permit endorsements for red snapper would continue to be 
transferable only to other vessels owned by the same entity, or in the 
event of death or disability of the permit holder.
    Because of the legislative prohibition on expenditure of funds to 
implement the red snapper ITQ system, NMFS proposes to suspend 
indefinitely implementation of the ITQ system concomitant with 
implementation of Amendment 13. If the commercial red snapper ITQ 
system cannot be implemented by the end of 1997, the Council intends to 
review the red snapper management regime before the regulations 
implementing Amendment 13 expire and to initiate appropriate action for 
the 1998 season.

Availability of Amendment 13

    Additional background and rationale for the measures discussed 
above are contained in Amendment 13, the availability of which was 
announced in the Federal Register (61 FR 24267, May 14, 1996).

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 13 is consistent with the national standards, other 
provisions of the Magnuson Act, and other applicable laws. NMFS, in 
making that determination, 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 Assistant General Counsel for Legislation and Regulation (AGC) 
has certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that Amendment 13 and its implementing rule will 
not have significant impact on a substantial number of small entities. 
Amendment 13 would continue in effect the vessel permit endorsement and 
trip limit provisions that were first approved and implemented under 
emergency action(57 FR 66237, December 30, 1992), and continued under 
Amendment 6 (58 FR 33025, June 15, 1993), Amendment 9 (59 FR 39301, 
August 2, 1994), and emergency action (61 FR 7751, February 29, 1996) 
through May 29, 1996. Act certified that the rules implementing 
Amendments 6 and 9 would not have a significant economic impact on a 
substantial number of small entities. For details about those 
certifications, refer to the Federal Register publications cited above.
    Amendment 13 would continue the permit endorsement provisions of 
the status quo management regime which were certified twice previously 
under 5 U.S.C. Sec. 605(b) by Commerce to the Chief Counsel for 
Advocacy, SBA, as not having a significant economic effect on a 
substantial number of small entities. For these reasons, an initial 
regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 641

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: June 18, 1996.
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.


Sec. 641.4  [Amended]

    2. On Sec. 641.4, paragraph (o) is suspended indefinitely.
    3. In Sec. 641.7, paragraph (ff) through (kk) are suspended and 
paragraphs (nn), through (pp) are added to read as follows:


Sec. 641.7  Prohibitions.

* * * * *
    (nn) Exceed the vessel trip or landing limits for red snapper, as 
specified in Sec. 641.31 (a) and (b).
    (oo) Transfer a red snapper at sea, as specified in Sec. 641.31 
(c).
    (pp) Purchase, barter, trade, or sell, or attemp to purchase, 
barter, trade, or sell, a red snapper possessed or landed in excess of 
a trip or landing limit, as specified in Sec. 641.31 (d).

[[Page 32424]]

Sec. 641.10  [Amended]

    4. Section 641.10 is suspended indefinitely.
    5. Sections 641.31 through 641.33 are added to read as follows:


Sec. 641.31  Red snapper trip limits.

    The provisions of this section are effective through December 31, 
1997.
    (a) Except as provided in paragraph (b) of this section, a vessel 
that has on board a valid commercial reef fish permit may not possess 
on any trip or land in any day red snapper in excess of 200 lb (91 kg), 
whole or eviscerated.
    (b) a vessel that on board a valid commercial reef fish permit and 
a valid red snapper endorsement may not possess on any trip or land in 
any day red snapper in excess of 2,000 lb (907 kg), whole or 
eviscerated.
    (c) A red snapper may not be transferred at sea from one vessel to 
another.
    (d) No person may purchase, barter, trade, or sell, or attempt to 
purchase, barter, trade, or sell, a red snapper possessed or landed in 
excess of the trip or landing limits specified in paragraphs (a) and 
(b) of this section.


Sec. 641.32  Red snapper endorsement.

    The provisions of this section are effective through December 31, 
1997.
    (a) As a prerequisite for exemption from the trip limit for red 
snapper specified in Sec. 641.31(a), a vessel for which a commercial 
reef fish permit has been issued under Sec. 641.4 must have a red 
snapper endorsement on such permit, and such permit and endorsement 
must be on board the vessel.
    (b) A red snapper endorsement is invalid upon sale of the vessel; 
however, an owner of a vessel with a commercial reef fish permit may 
transfer the red snapper endorsement to another vessel with a 
commercial reef fish permit owned by the same entity by returning the 
existing endorsement with an application for an endorsement for the 
replacement vessel.
    (c) The provisions of paragraph (b) of this section 
notwithstanding--
    (1) In the event that a vessel with a red snapper endorsement has a 
change of ownership that is directly related to the disability or death 
of the owner, the Regional Director may issue a red snapper 
endorsement, temporarily or permanently, with the commercial reef fish 
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 considered a purchase of a permitted 
vessel and Sec. 641.4 (m)(3) applies regarding a commercial reef fish 
permit for the vessel under the new owner.)
    (2) In the event of the disability or death of an operator whose 
presence aboard a vessel is a condition for the validity of a red 
snapper endorsement, the Regional Director may revise and reissue an 
endorsement, temporarily or permanently, to the permitted vessel. Such 
revised endorsement will contain the name of a substitute operator 
specified by the operator or his/her legal guardian, in the case of a 
disabled operator, or by the will or executor/administrator of the 
estate, in the case of a deceased operator. As was the case with the 
replaced endorsement, the presence of the substitute operator aboard 
and in charge of the vessel is a condition for the validity of the 
revised endorsement. Such revised endorsement will be reissued only 
with the concurrence of the vessel owner.


Sec. 641.33  Condition of a permit.

    The provisions of this section are effective through December 31, 
1997. As a condition of a commercial reef fish permit issued under 
Sec. 641.4, without regard to where red snapper are harvested or 
possessed, a vessel with such permit--
    (a) May not exceed the appropriate vessel trip or landing limit for 
red snapper, as specified in Sec. 641.31 (a) and (b).
    (b) May not transfer a red snapper at sea, as specified in 
Sec. 641.31(c).

[FR Doc. 96-15936 Filed 6-18-96; 4:46 pm]
BILLING CODE 3510-22-M