[Federal Register Volume 61, Number 167 (Tuesday, August 27, 1996)]
[Rules and Regulations]
[Pages 43952-43960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21814]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 622
[Docket No. 950316075-6222-03; I.D. 022696A]
RIN 0648-AH86
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Golden Crab Fishery Off the Southern Atlantic States; Initial
Regulations; OMB Control Numbers
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement the approved measures
of
[[Page 43953]]
the Fishery Management Plan for the Golden Crab Fishery of the South
Atlantic Region (FMP) and to revise the definition of fish trap
applicable in the exclusive economic zone (EEZ) off the southern
Atlantic states. This rule restricts the harvest or possession of
golden crab in or from the EEZ off the southern Atlantic states and
controls access to the fishery. In addition, NMFS informs the public of
the approval by the Office of Management and Budget (OMB) of the
collection-of-information requirements contained in this rule and
publishes the OMB control numbers for these collections. The intended
effect of this rule is to conserve and manage the golden crab fishery.
EFFECTIVE DATEs: September 26, 1996; except that the amendments to 15
CFR part 902, 50 CFR 622.1, 622.2, 622.4(d), and 622.7(b) and the
additions 50 CFR 622.17 (b) through (f) and (h) are effective August
27, 1996; and the amendments to 50 CFR 622.4(a)(4), 622.5, 622.6, 622.7
(a) and (c), and 622.40(a)(3) and the additions 50 CFR 622.7(z), 622.17
(a), (g), (i), and (j), and 622.45(f) (2) through (4) are effective
October 28, 1996.
ADDRESSES: Comments regarding the collection-of-information
requirements contained in this rule should be sent to Edward E.
Burgess, Southeast Regional Office, 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).
FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-570-5305.
SUPPLEMENTARY INFORMATION: The FMP was prepared by the South Atlantic
Fishery Management Council (Council) under the authority of the
Magnuson Fishery Conservation and Management Act (Magnuson Act). The
background and rationale for the measures in the FMP, and the rationale
for the disapproval at the proposed rule stage of the measure that
would have required 100 percent of the owners or operators of permitted
vessels to maintain and submit vessel logbook information, were
contained in the preamble to the proposed rule (61 FR 16076, April 11,
1996) and are not repeated here.
Comments and Responses
Comment: The U.S. Fish & Wildlife Service stated that it had
participated in the development of the golden crab FMP and recommends
its approval and implementation.
Response: NMFS agrees.
Comment: The Council reiterated its support for the FMP. The
Council emphasized that the FMP was necessary to protect the biological
integrity of the golden crab resource and to maintain economic and
social benefits from the fishery by establishing a controlled access
program. The Council remains concerned about the potential for
overfishing this resource. Finally, the Council disagrees with NMFS
concerning the mandatory 100 percent logbook action that NMFS
disapproved.
Response: NMFS agrees with the Council concerning the need for the
FMP. As stated in the proposed rule, NMFS intends to select 100 percent
of vessels for sampling until circumstances change. NMFS believes that
the Southeast Regions' Science and Research Director (SRD) should
determine the sampling protocol for this fishery.
Comment: Four fishing companies and one seafood retailer, located
in Florida, strongly supported the golden crab FMP. They noted that
this is a new fishery and they prefer that NMFS act before overfishing
occurs or conflicts arise among user groups.
Response: NMFS agrees.
Comment: Five golden crab fishermen strongly supported the FMP.
They noted the opportunity to manage a resource from the fishery's
inception. They are concerned about the golden crab resource and
strongly support management to prevent future problems.
Response: NMFS agrees.
Comment: One golden crab consumer reported she supports the FMP
because it will prevent depletion of the resource.
Response: NMFS agrees.
Comment: A citizen concerned about overfishing strongly supported
the FMP. He noted the importance of protecting the golden crab resource
and biodiversity. He also stated that the FMP would protect fishermen
by minimizing the possibility of overfishing.
Response: NMFS agrees.
An early participant in the golden crab fishery made a number of
comments, summarized as follows:
Comment: The 18-month transition period for evaluation of the use
of wire cable for mainlines and buoy lines is needed. Eliminating wire
cable may actually increase, rather than decrease, the risk of habitat
damage.
Response: NMFS supports the evaluation period to determine the
effects of wire cable.
Comment: The requirement that all golden crabs be landed whole is
too restrictive. Specifically, taking females and undersized males is
an unlikely problem because processing them would not be profitable.
Also, it would not be profitable to operate large processing vessels in
this fishery; thus, the Council should allow at-sea processing.
Finally, the quality and value of golden crab processed at sea would be
greater than crabs landed alive and whole.
Response: NMFS agrees with the Council's position that landing
crabs whole is necessary to ensure that females and undersized crabs
are not taken.
Comment: The commenter questioned the necessity of owning a vessel
in order to obtain a permit.
Response: Among the factors considered by the Council in
determining the criteria for initial permits is current participation
in the fishery. NMFS concurs in the Council's use of the requirement as
an indication of current participation in the fishery.
Comment: The middle zone should be combined with the northern zone
for fishing purposes.
Response: The Council decided to establish three zones based on
historical fishing patterns, an estimate of the potential number of
fishermen that would select each zone, and the probable abundance of
golden crab in each zone. The southern zone is the Florida Keys area
which has a very narrow shelf. Consequently, most fishermen in this
area have relatively small vessels. These fishermen exploit a number of
species including golden crab, which is taken most often during the
warmer months of the year. The potential for user conflict is greatest
in this area because the narrow shelf concentrates users in the same
area. Fishermen in the Florida Keys were particularly concerned about
unfair competition with large vessels.
The middle zone is the east coast of Florida north of Miami. The
shelf is also relatively narrow in this area. In addition, fewer
fishing opportunities exist here than in the southern zone. The
relatively small vessels that fish in this zone are heavily dependent
upon the golden crab resource. Again, fishermen in this zone were
concerned about unfair competition with larger vessels.
The northern zone is much larger than either the southern or middle
zones and fishing grounds are much further offshore. Sea and weather
conditions are more severe in this zone. Consequently, larger vessels
are required for fishing operations in this area. Because of the sparse
catch data for the northern zone, less is known concerning the
abundance of golden crab. However, if abundance is proportional to
area, there may be more crabs available in this zone.
The Council wishes to minimize user conflict, especially between
smaller and larger vessels. Since fishermen in the
[[Page 43954]]
southern and middle zones have relatively small vessels and a narrow
area to fish, separating the southern and middle zones from the
northern zone will minimize user conflict and avoid unfair competition.
Because historical fishing patterns (and opportunities) are
substantially different between the southern and middle zones,
separating these areas is appropriate.
In the spring of 1995, an analysis of the Florida golden crab catch
data revealed that most vessels in the golden crab fishery were small
and fished either in the middle or southern zones. At that time,
several owners of large vessels had expressed their intent to conduct
preliminary fishing operations in the northern zone. Because of this
possibility, the Council established the September 1, 1995, qualifying
criterion. The Council did not constrain any vessel concerning
selection of a fishing zone because of the low number of large vessels
involved, although it was hoped that the large vessels would select the
northern zone. If this occurs, user conflict will be minimized in the
other zones and additional catch data will be obtained from the
northern zone. For the reasons summarized above, NMFS agrees with the
Council's separation of the middle and northern zones.
Comment: A minimum size limit could be required in the future.
Response: The Council and NMFS agree. If required, a minimum size
limit may be implemented under the FMP's framework procedure for new
management measures.
Comment: A quota is not necessary at this time.
Response: The Council and NMFS agree and note that, if necessary, a
quota may be implemented under the framework procedure.
Comment: The commenter supports the FMP.
Response: NMFS agrees.
Comment: Another commenter believes that NMFS will not require
vessel logbooks for the golden crab fishery. Specifically, NMFS has
disapproved the mandatory vessel logbook action and logbooks are
necessary to determine the status of the fishery.
Response: NMFS agrees that logbooks are necessary to monitor the
fishery, but disagrees that the sampling levels are an appropriate
matter for the Council to decide. NMFS intends initially to select 100
percent of vessels for logbook reporting and continue this level of
sampling as long as necessary. If circumstances change, or a better
sampling procedure is developed, NMFS needs the flexibility to
implement a more efficient sampling protocol.
Comment: A fisherman reported that he had caught golden crabs since
the control date but implied that he would not qualify for a permit
because he did not catch sufficient crabs prior to September 1, 1995,
to obtain a permit. He believes his exclusion from the fishery is
unfair.
Response: The Council originally announced a control date of April
7, 1995. However, during the public hearing process it became evident
that the number of participants was increasing rapidly off the east
coast of Florida, but only a few vessels were fishing north of Florida
(northern zone). The Council relaxed the original control date by
adding a second criterion for entry; namely, a vessel owner who
documents landings of 2,500 lb by September 1, 1995, would be eligible
for a commercial vessel permit for the fishery. This was designed to
provide vessel owners an additional 5 months to qualify for entry. The
Florida fish trip ticket records indicate that most golden crab
fishermen can catch one to several thousand pounds per trip (average
trips run 3 to 4 days). Accordingly, such fishermen could easily catch
the required 2,500 lbs within the additional five months allowed by the
Council's extended qualifying date.
Changes From the Proposed Rule
Since the proposed rule was published, NMFS, as part of the
President's Regulatory Reinvention Initiative, consolidated most of its
fishery regulations for the Southeast Region into 50 CFR part 622 (61
FR 34930, July 3, 1996). Accordingly, this final rule, instead of
adding a new part to title 50 of the CFR to implement the FMP as
proposed by the Council and approved by NMFS, implements the FMP by
amending 50 CFR part 622. As a result, general provisions that are
common to all federally managed fisheries in the Southeast Region,
already contained in part 622, are not included in this final rule. In
addition, minor changes in language have been made to conform to the
standards in part 622. Substantive changes from the proposed rule are
as follows.
The proposed rule would have allowed 90 days from the date of
publication of the final rule before vessel permits would be required
in the fishery. NMFS now finds that it can issue initial vessel permits
earlier than previously anticipated. Accordingly, the final rule
requires that vessel permits be obtained within 60 days after the date
of publication of this final rule.
Because the eligibility requirements for initial vessel permits can
be met only by owners, the option for either the owner or the operator
to apply for a permit is removed--only vessel owners may apply for a
permit.
At Sec. 622.17(b), the final rule clarifies that the use of
landings records to establish qualifications for an initial vessel
permit is restricted to either the owner of a vessel at the time of the
landings or to a subsequent owner of that vessel. That is, landings
records may be transferred only in connection with a change of
ownership of the harvesting vessel.
Language is added to clarify the time frame during which the
Director, Southeast Region, NMFS (RD), will advise an applicant for a
vessel permit that he or she has not met the eligibility criteria.
For consistency and clarification, NMFS extends the prohibition at
Sec. 622.7(b), regarding falsification of information on or submitted
with a permit application, to information on or submitted with a
request for transfer of a permit.
Under NOAA Administrative Order 205-11, 7.01, dated December 17,
1990, the Under Secretary for Oceans and Atmosphere has delegated to
the Assistant Administrator for Fisheries, NOAA, the authority to sign
material for publication in the Federal Register.
Classification
The RD, with concurrence by the NOAA Assistant Administrator for
Fisheries, determined that the FMP is necessary for the conservation
and management of the golden crab fishery off the southern Atlantic
states and that it is consistent with the Magnuson Act and other
applicable laws, with the exception of the measure that was previously
disapproved. See the proposed rule for a discussion of the disapproved
measure.
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 that the proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. The reasons for this certification were published in
the preamble to the proposed rule (61 FR 16076, April 11, 1996) and are
not repeated here. As a result, a regulatory flexibility analysis was
not prepared.
Notwithstanding any other provision of law, no person is required
to respond
[[Page 43955]]
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 OMB control number.
This rule contains collection-of-information requirements subject
to the PRA--namely, (1) initial vessel permit applications, (2) vessel
permit renewals, (3) vessel permit appeals, (4) dealer permit
applications, (5) vessel reports, (6) dealer reports, (7) notification
requirements for purposes of accommodating observer coverage, (8)
notification requirements for vessels transiting golden crab zones, (9)
gear identification, and (10) vessel identification. The existing
vessel identification requirements contained in 50 CFR 622.6(a)(1)(i)
and (a)(2) are made applicable to a vessel in the golden crab fishery
by requiring such vessel to obtain a permit--each vessel for which a
permit has been issued under 50 CFR 622.4 or 622.17 is required to
comply with those requirements. These collections have been approved by
OMB under OMB control numbers as follows: Items (1) through (4), (7),
and (8)--0648-0205; item (5)--0648-0016; item (6)--0648-0013; item
(9)--0648-0305, and item (10)--0648-0306. The public reporting burdens
for these collections of information are estimated to average 20, 20,
30, 15, 10, 15, 3, 2, 7, and 45 minutes 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 aspect of the collections of
information, including suggestions for reducing the burdens, to NMFS
and OMB (see ADDRESSES).
The publication of the OMB control numbers for approved collection-
of-information requirements at 15 CFR part 902, and the addition to the
table of FMPs implemented under part 622 are not substantive rules
within the meaning of 5 U.S.C. 553 and, pursuant to 5 U.S.C. 553(d),
are not subject to a delay in effective date. The revision of the
definition of ``fish trap,'' while a substantive rule, relieves a
restriction and, pursuant to 5 U.S.C. 553(d)(1), is not subject to a
delay in effective date. The addition to the regulations at 50 CFR
622.17(b) through (f) and (h), and the amendments to the associated
provisions at 50 CFR 622.4(d) and 622.7(b), set forth administrative
procedures and authority necessary for timely implementation of the
controlled access program for commercial vessel permits. Consistent
with the FMP, these regulations require that applications for initial
vessel permits be submitted within 30 days after the date of
publication of this rule in the Federal Register. The class of persons
affected by the controlled access program is very small, and all such
affected persons should be aware of the provisions of the controlled
access system, including the vessel permit requirements and, in
particular, the time provided for permit application. Virtually all
affected commercial golden crab fishermen have been involved fully in
the Council process of developing the FMP, which included numerous
public hearings with opportunities for being informed of and commenting
on the Council's proposed management measures. It is extremely unlikely
that any persons affected by the controlled access program are unaware
of the terms of the FMP, or the timing aspects of its implementation.
It is also unlikely that any affected persons will require additional
time to adjust to this regulation. Rather, virtually all industry
participants are anticipating implementation of the FMP and are ready
to apply for their vessel and dealer permits. Furthermore, NMFS can
identify virtually all eligible fishermen for this golden crab fishery
and will give actual notice to those individuals immediately upon
filing of this final rule with the Office of the Federal Register.
Accordingly, a period of delayed effectiveness for the administrative
procedures for implementing the controlled access system in this
instance is unnecessary. It is noted that the administrative procedures
for implementing the controlled access system involve references to the
definitions added to 50 CFR 622.2. For these reasons, the Assistant
Administrator for Fisheries, NOAA, finds that, pursuant to 5 U.S.C.
553(d)(3), good cause exists to waive the 30-day delay in effective
date of the amendments to 50 CFR 662.2, 622.4(d) and 622.7(b) and the
addition of 50 CFR 622.17(b) through (f) and (h). To allow time for
determination of permit eligibility and issuance of permits, NMFS makes
the provisions of this final rule that require permits, or that are
dependent on the possession of a permit, effective October 28, 1996.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: August 21, 1996.
C. Karnella,
Acting Deputy Assistant Administrator for Fisheries, National Marine
Fisheries Service.
For the reasons set out in the preamble, 15 CFR part 902 and 50 CFR
part 622 are amended as follows:
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
2. Effective August 27, 1996, in Sec. 902.1, paragraph (b) table,
in the entries for 50 CFR, the following entries are added in numerical
order to read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
Current OMB
control
CFR part or section where the information collection number (all
requirement is located numbers
begin with
0648-)
------------------------------------------------------------------------
* * * *
* * *
50 CFR
* * * *
* * *
622.10................................................. -0205
[[Page 43956]]
* * * *
* * *
622.17................................................. -0205
* * * *
* * *
------------------------------------------------------------------------
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
3. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
4. In Sec. 622.1, table 1, effective August 27, 1996, the following
entry is added in alphabetical order to read as follows:
Sec. 622.1 Purpose and Scope
* * * * *
Table 1.--FMPs Implemented Under Part 622
------------------------------------------------------------------------
Responsible
Fishery
FMP title Management Geographical area
council(s)
------------------------------------------------------------------------
* * * *
* * *
FMP for the Golden Crab Fishery SAFMC South Atlantic
of the South Atlantic Region.
* * * *
* * *
------------------------------------------------------------------------
5. In Sec. 622.2, effective August 27, 1996, in the definition of
``Fish trap'', paragraph (3) is revised and definitions of ``Golden
crab'' and ``Golden crab trap'' are added in alphabetical order to read
as follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Fish trap * * *
(3) In the South Atlantic EEZ, a trap and its component parts
(including the lines and buoys), regardless of the construction
material, used for or capable of taking fish, except a sea bass pot, a
golden crab trap, or a crustacean trap (that is, a type of trap
historically used in the directed fishery for blue crab, stone crab,
red crab, jonah crab, or spiny lobster and that contains at any time
not more than 25 percent, by number, of fish other than blue crab,
stone crab, red crab, jonah crab, and spiny lobster).
* * * * *
Golden crab means the species Chaceon fenneri, or a part thereof.
Golden crab trap means any trap used or possessed in association
with a directed fishery for golden crab in the South Atlantic EEZ,
including any trap that contains a golden crab in or from the South
Atlantic EEZ or any trap on board a vessel that possesses golden crab
in or from the South Atlantic EEZ.
* * * * *
6. In Sec. 622.4, effective October 28, 1996, the first sentence of
paragraph (a)(4) and, effective August 27, 1996, the first sentence of
paragraph (d) are revised to read as follows:
Sec. 622.4 Permits and fees.
(a) * * *
(4) * * * For a dealer to receive Gulf reef fish, golden crab
harvested from the South Atlantic EEZ, South Atlantic snapper-grouper,
or wreckfish, a dealer permit for Gulf reef fish, golden crab, South
Atlantic snapper-grouper, or wreckfish, respectively, must be issued to
the dealer. * * *
* * * * *
(d) * * * A fee is charged for each permit application submitted
under paragraph (b) of this section or under Sec. 622.17(d) and for
each fish trap or sea bass pot identification tag required under
Sec. 622.6(b)(1)(i). * * *
* * * * *
7. In Sec. 622.5, effective October 28, 1996, the text of paragraph
(a)(2) is redesignated as paragraph (a)(2)(i); the heading of paragraph
(a)(2) is revised; and paragraphs (a)(1)(v), (a)(2)(ii), and (c)(6) are
added to read as follows:
Sec. 622.5 Recordkeeping and reporting.
* * * * *
(a) * * *
(1) * * *
(v) South Atlantic golden crab. The owner or operator of a vessel
for which a commercial permit for golden crab has been issued, as
required under Sec. 622.17(a), who is selected to report by the SRD
must maintain a fishing record on a form available from the SRD.
(2) Reporting deadlines. * * *
(ii) Reporting forms required in paragraph (a)(1)(v) of this
section must be submitted to the SRD postmarked not later than 30 days
after sale of the golden crab offloaded from a trip. If no fishing
occurred during a calendar month, a report so stating must be submitted
on one of the forms postmarked not later than 7 days after the end of
that month. Information to be reported is indicated on the form and its
accompanying instructions.
* * * * *
(c) * * *
(6) South Atlantic golden crab. A dealer who receives from a
fishing vessel golden crab harvested from the South Atlantic EEZ and
who is selected by the SRD must provide information on receipts of, and
prices paid for, South Atlantic golden crab to the SRD at monthly
intervals, postmarked not later than 5 days after the end of each
month.
[[Page 43957]]
Reporting frequency and reporting deadlines may be modified upon
notification by the SRD.
* * * * *
8. In Sec. 622.6, effective October 28, 1996, in paragraph
(a)(1)(i) introductory text, the reference ``Sec. 622.4'' is removed
and the reference ``Sec. 622.4 or Sec. 622.17'' is added in its place;
in the first sentence of paragraph (c) and in paragraph (d), the phrase
``a golden crab trap,'' is added after ``a fish trap,''; a sentence is
added at the end of paragraph (b)(1)(ii); and a sentence is added at
the end of paragraph (b)(2)(ii) to read as follows:
Sec. 622.6 Vessel and gear identification.
* * * * *
(b) * * *
(1) * * *
(ii) * * * A golden crab trap used or possessed in the South
Atlantic EEZ or on board a vessel with a commercial permit for golden
crab must have the commercial vessel permit number permanently affixed
so as to be easily distinguished, located, and identified; an
identification tag issued by the RD may be used for this purpose but is
not required.
(2) * * *
(ii) * * * However, no color code is required on a buoy attached to
a golden crab trap.
* * * * *
9. In Sec. 622.7, effective August 27, 1996, paragraph (b) is
revised; effective September 26, 1996, paragraphs (w),(x), and (y) are
added; and effective October 28, 1996, paragraphs (a) and (c) are
revised and paragraph (z) is added to read as follow:
Sec. 622.7 Prohibitions.
(a) Engage in an activity for which a valid Federal permit is
required under Sec. 622.4 or Sec. 622.17 without such permit.
(b) Falsify information on a permit application or submitted with
such application, as specified in Sec. 622.4 (b) or (g) or Sec. 622.17.
(c) Fail to display a permit or endorsement, as specified in
Sec. 622.4(i) or Sec. 622.17(g).
* * * * *
(w) Fail to comply with the requirements for observer coverage as
specified in Sec. 622.10.
(x) Assault, resist, oppose, impede, intimidate, or interfere with
a NMFS-approved observer aboard a vessel.
(y) Prohibit or bar by command, impediment, threat, coercion, or
refusal of reasonable assistance, an observer from conducting his or
her duties aboard a vessel.
(z) Fish for or possess golden crab in or from a designated fishing
zone of the South Atlantic EEZ other than the zone for which the vessel
is permitted, as specified in Sec. 622.17(h).
10. Effective September 26, 1996, Sec. 622.8 is added to subpart A
to read as follows:
Sec. 622.8 At-sea observer coverage.
(a) If a vessel's trip is selected by the SRD for observer
coverage, the owner or operator of a vessel for which a commercial
permit for golden crab has been issued, as required under
Sec. 622.17(a), must carry a NMFS-approved observer.
(b) When notified in writing by the SRD that his or her vessel has
been selected to carry an NMFS-approved observer, an owner or operator
must advise the SRD in writing not less than 5 days in advance of each
trip of the following:
(1) Departure information (port, dock, date, and time).
(2) Expected landing information (port, dock, and date).
(c) An owner or operator of a vessel on which a NMFS approved
observer is embarked must:
(1) Provide accommodations and food that are equivalent to those
provided to the crew.
(2) Allow the observer access to and use of the vessel's
communications equipment and personnel upon request for the
transmission and receipt of messages related to the observer's duties.
(3) Allow the observer access to and use of the vessel's navigation
equipment and personnel upon request to determine the vessel's
position.
(4) Allow the observer free and unobstructed access to the vessel's
bridge, working decks, holding bins, weight scales, holds, and any
other space used to hold, process, weigh, or store golden crab.
(5) Allow the observer to inspect and copy the vessel's log,
communications logs, and any records associated with the catch and
distribution of golden crab for that trip.
11. Effective August 27, 1996, Sec. 622.17, is added to subpart B
to read as follows:
Sec. 622.17 South Atlantic golden crab controlled access.
(a) [Reserved]
(b) Initial eligibility. A vessel is eligible for an initial
commercial vessel permit for golden crab if the owner meets the
documentation requirements described in paragraph (c) of this section
substantiating his or her landings of golden crab harvested from the
South Atlantic EEZ in quantities of at least 600 lb (272 kg) by April
7, 1995, or at least 2,500 lb (1,134 kg) by September 1, 1995. Only the
owner of a vessel at the time landings occurred may use those landings
to meet the eligibility requirements described in this paragraph,
except if that owner transferred the right to use those landings to a
subsequent owner in writing as part of the vessel's sales agreement. If
evidence of such agreement is provided to the RD, the subsequent owner
may use those landings to meet the eligibility requirements instead of
the owner of the vessel at the time the landings occurred.
(c) Documentation of eligibility. The documentation requirements
described in this paragraph are the only acceptable means for an owner
to establish a vessel's eligibility for an initial permit. Failure to
meet the documentation requirements, including submission of data as
required, will result in failure to qualify for an initial commercial
vessel permit. Acceptable sources of documentation include: Landings
documented by the trip ticket systems of Florida or South Carolina as
described in paragraph (c)(1) of this section and data substantiating
landings that occurred prior to establishment of the respective trip
ticket systems or landings that occurred in North Carolina or Georgia
as described in paragraph (c)(2) of this section.
(1) Trip ticket data. NMFS has access to records of golden crab
landings reported under the trip ticket systems in Florida and South
Carolina. No further documentation or submission of these records is
required if the applicant was the owner of the harvesting vessel at the
time of the landings documented by these records. An applicant will be
given printouts of trip ticket records for landings made when the
applicant owned the harvesting vessel, and an applicant will have an
opportunity to submit records of landings he or she believes should
have been included on such printouts or to clarify allocation of
landings shown on such printouts. Landings reported under these trip
ticket systems and received by the respective states prior to December
31, 1995, with such adjustments/clarifications for landings for which
there is adequate documentation that they should have been included on
the printouts, are conclusive as to landings in the respective states
during the period that landing reports were required or voluntarily
submitted by a vessel. For such time periods, landings data from other
sources will not be considered for landings in these states.
(2) Additional landings data. (i) An owner of a vessel that does
not meet the criteria for initial eligibility for a
[[Page 43958]]
commercial vessel permit based on landings documented by the trip
ticket systems of Florida or South Carolina may submit documentation of
required landings that either occurred prior to the implementation of
the respective trip ticket systems or occurred in North Carolina or
Georgia. Acceptable documentation of such landings consists of trip
receipts or dealer records that definitively show the species known as
golden crab; the vessel's name, official number, or other reference
that clearly identifies the vessel; and dates and amounts of South
Atlantic golden crab landings. In addition, a sworn affidavit may be
submitted to document landings. A sworn affidavit is a notarized
written statement wherein the individual signing the affidavit affirms
under penalty of perjury that the information presented is accurate to
the best of his or her knowledge, information, and belief.
(ii) Documentation by a combination of trip receipts and dealer
records is acceptable, but duplicate records for the same landings will
not result in additional credit.
(iii) Additional data submitted under paragraph (c)(2) of this
section must be attached to a Golden Crab Landings Data form, which is
available from the RD.
(3) Verification. Documentation of golden crab landings from the
South Atlantic EEZ 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
the South Atlantic golden crab controlled access program.
(d) Application procedure. Permit application forms are available
from the RD. An application for an initial commercial vessel permit
that is postmarked or hand-delivered after September 26, 1996, will not
be accepted.
(1) An application for a commercial vessel permit must be submitted
and signed by the vessel owner (in the case of a corporate-owned
vessel, an officer or shareholder who meets the requirements of
paragraph (b) of this section; in the case of a partnership-owned
vessel, a general partner who meets these requirements).
(2) An owner 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) Vessel name and official number.
(iii) Name, address, telephone number, and other identifying
information of the vessel owner.
(iv) Documentation of initial eligibility, as specified in
paragraphs (b) and (c) of this section.
(v) The fishing zone in which the vessel will fish, as specified in
paragraph (h) of this section.
(vi) Any other information concerning the vessel, gear
characteristics, principal fisheries engaged in, or fishing areas, as
specified on the application form.
(vii) Any other information that may be necessary for the issuance
or administration of the permit, as specified on the application form.
(e) Issuance. (1) The RD will mail an initial commercial vessel
permit to an applicant no later than October 28, 1996, if the
application is complete and the eligibility requirements specified in
paragraph (b) of this section are met.
(2) Upon receipt of an incomplete application that is postmarked or
hand-delivered on or before September 26, 1996, the RD will notify the
applicant of the deficiency. If the applicant fails to correct the
deficiency within 30 days of the date of the RD's notification, the
application will be considered abandoned.
(3) The RD will notify an applicant, in writing, no later than
October 28, 1996, if the RD determines that the applicant fails to meet
the eligibility requirements specified in paragraph (b) of this
section.
(f) Appeals. (1) An appeal of the RD's decision regarding initial
permit eligibility may be submitted to an ad hoc appeals committee
appointed by the SAFMC.
(2) The appeals committee is empowered only to deliberate whether
the eligibility criteria specified in paragraph (b) of this section
were applied correctly to the appellant's application. In making that
determination, the appeals committee members will consider only
disputed calculations and determinations based on documentation
provided as specified in paragraph (c) of this section, including
transfers of landings records. The appeals committee is not empowered
to consider whether a person should have been eligible for a commercial
vessel permit because of hardship or other factors.
(3) A written request for consideration of an appeal must be
submitted within 30 days of the date of the RD's notification denying
permit issuance and must provide written documentation supporting the
basis for the appeal. Such a request must contain the appellant's
acknowledgment that the confidentiality provisions of the Magnuson Act
at 16 U.S.C. 1853(d) and subpart E of part 600 of this chapter are
waived with respect to any information supplied by the RD to the SAFMC
and its advisory bodies for purposes of receiving the recommendations
of the appeals committee members on the appeal. An appellant may also
make a personal appearance before the appeals committee.
(4) The appeals committee will meet only once to consider appeals
submitted within the time period specified in paragraph (f)(3) of this
section. Members of the appeals committee will provide their individual
recommendations for each appeal to the RD. Members of the appeals
committee may comment upon whether the eligibility criteria, specified
in the FMP and in paragraph (b) of this section, were correctly applied
in each case, based solely on the available record, including
documentation submitted by the appellant. The RD will decide the appeal
based on the initial eligibility criteria in paragraph (b) of this
section and the available record, including documentation submitted by
the appellant and the recommendations and comments from members of the
appeals committee. The RD will notify the appellant of the decision and
the reason therefore, in writing, normally within 30 days of receiving
the recommendation from the appeals committee members. The RD's
decision will constitute the final administrative action by NMFS on an
appeal.
(g) [Reserved]
(h) Fishing zones. (1) The South Atlantic EEZ is divided into three
fishing zones for golden crab. A vessel owner must indicate on the
initial application for a commercial vessel permit the zone in which
the vessel will fish. A permitted vessel may fish for golden crab only
in the zone shown on its permit. A vessel may possess golden crab only
in that zone, except that other zones may be transited if the vessel
notifies NMFS, Office of Enforcement, Southeast Region, St. Petersburg,
FL, by telephone (813-570-5344) in advance and does not fish in an
unpermitted zone. The designated fishing zones are as follows:
(i) Northern zone--the South Atlantic EEZ north of 28 N. lat.
(ii) Middle zone--the South Atlantic EEZ from 25 N. lat. to 28 N.
lat.
(iii) Southern zone--the South Atlantic EEZ south of 25 N. lat.
(2) An owner of a permitted vessel may have the zone specified on a
permit changed only when the change is from the middle or southern zone
to the northern zone. A request for such change must be submitted to
the RD with the existing permit.
[[Page 43959]]
12. In Sec. 622.17, effective October 28, 1996, paragraphs (a),
(g), (i), and (j) are added to read as follows:
Sec. 622.17 South Atlantic golden crab controlled access.
(a) Applicability. For a person aboard a vessel to fish for golden
crab in the South Atlantic EEZ, possess golden crab in or from the
South Atlantic EEZ, off-load golden crab from the South Atlantic EEZ,
or sell golden crab in or from the South Atlantic EEZ, a commercial
vessel permit for golden crab must be issued to the vessel and must be
on board. It is a rebuttable presumption that a golden crab on board or
off-loaded from a vessel in the South Atlantic was harvested from the
South Atlantic EEZ.
* * * * *
(g) Display. A commercial vessel permit issued under this section
must be carried on board the vessel. The operator of a vessel must
present the permit for inspection upon the request of an authorized
officer.
* * * * *
(i) Transfer. (1) A valid golden crab permit may be transferred for
use by another vessel by returning the existing permit(s) to the RD
along with an application for a permit for the replacement vessel.
(2) To obtain a commercial vessel permit via transfer, the owner of
the replacement vessel must submit to the RD a valid permit for a
vessel with a documented length overall, or permits for vessels with
documented aggregate lengths overall, of at least 90 percent of the
documented length overall of the replacement vessel.
(j) Renewal. (1) In addition to the procedures and requirements of
Sec. 622.4(h) for commercial vessel permit renewals, for a golden crab
permit to be renewed, the SRD must have received reports for the
permitted vessel, as required by Sec. 622.5(a)(1)(v), documenting that
at least 5,000 lb (2,268 kg) of golden crab were landed from the South
Atlantic EEZ by the permitted vessel during at least one of the two 12-
month periods immediately prior to the expiration date of the vessel
permit.
(2) An existing permit for a vessel meeting the minimum golden crab
landing requirement specified in paragraph (j)(1) of this section may
be renewed by following the procedure specified in paragraph (d) of
this section. However, documentation of the vessel's initial
eligibility need not be resubmitted.
13. In Sec. 622.32, effective September 26, 1996, paragraphs
(b)(4)(v) and (vi) are added to read as follows:
Sec. 622.32 Prohibited and limited-harvest species.
* * * * *
(b) * * *
(4) * * *
(v) It is intended that no female golden crabs in or from the South
Atlantic EEZ be retained on board a vessel and that any female golden
crab in or from the South Atlantic EEZ be released in a manner that
will ensure maximum probability of survival. However, to accommodate
legitimate incidental catch and retention, the number of female golden
crabs in or from the South Atlantic EEZ retained on board a vessel may
not exceed 0.5 percent, by number, of all golden crabs on board. See
Sec. 622.45(f)(1) regarding the prohibition of sale of female golden
crabs.
(vi) South Atlantic snapper-grouper may not be possessed in whole,
gutted, or filleted form by a person aboard a vessel fishing for or
possessing golden crab in or from the South Atlantic EEZ or possessing
a golden crab trap in the South Atlantic. Only the head, fins, and
backbone (collectively the ``rack'') of South Atlantic snapper-grouper
may be possessed for use as bait.
* * * * *
14. In Sec. 622.35, effective September 26, 1996, paragraph (f) is
added to read as follows:
Sec. 622.35 South Atlantic EEZ seasonal and/or area closures.
* * * * *
(f) Golden crab trap closed areas. In the golden crab northern
zone, a golden crab trap may not be deployed in waters less than 900 ft
(274 m) deep. In the golden crab middle and southern zones, a golden
crab trap may not be deployed in waters less than 700 ft (213 m) deep.
See Sec. 622.17(h) for specification of the golden crab zones.
15. In Sec. 622.38, effective September 26, 1996, paragraph (f) is
added to read as follows:
Sec. 622.38 Landing fish intact.
* * * * *
(f) A golden crab in or from the South Atlantic EEZ must be
maintained in whole condition through landing ashore. For the purposes
of this paragraph, whole means a crab that is in its natural condition
and that has not been gutted or separated into component pieces, e.g.,
clusters.
16. In Sec. 622.40, effective October 28, 1996, paragraph (a)(3) is
revised; and, effective September 26, 1996, paragraph (d)(2) existing
text is redesignated as paragraph (d)(2)(i) and paragraphs (b)(3)(ii),
(c)(3)(ii), and (d)(2)(ii) are added to read as follows:
Sec. 622.40 Limitations on traps and pots.
(a) * * *
(3) South Atlantic EEZ. A sea bass pot or golden crab trap in the
South Atlantic EEZ may be pulled or tended only by a person (other than
an authorized officer) aboard the vessel permitted to fish such pot or
trap or aboard another vessel if such vessel has on board written
consent of the owner or operator of the vessel so permitted. For golden
crab only, a vessel with written consent on board must also possess a
valid commercial vessel permit for golden crab.
(b) * * *
(3) * * *
(ii) A golden crab trap that is used or possessed in the South
Atlantic EEZ must have at least one escape gap or escape ring on each
of two opposite vertical sides. The minimum allowable inside dimensions
of an escape gap are 2.75 by 3.75 inches (7.0 by 9.5 cm); the minimum
allowable inside diameter of an escape ring is 4.5 inches (11.4 cm). In
addition to the escape gaps--
(A) A golden crab trap constructed of webbing must have an opening
(slit) at least 1 ft (30.5 cm) long that may be closed (relaced) only
with untreated cotton string no larger than \3/16\ inch (0.48 cm) in
diameter.
(B) A golden crab trap constructed of material other than webbing
must have an escape panel or door measuring at least 12 by 12 inches
(30.5 by 30.5 cm), located on at least one side, excluding top and
bottom. The hinges and fasteners of such door or panel must be made of
either ungalvanized or uncoated iron wire no larger than 19 gauge (0.04
inch (1.0 mm) in diameter) or untreated cotton string no larger than 3/
16 inch (4.8 mm) in diameter.
(c) * * *
(3) * * *
(ii) A golden crab trap deployed or possessed in the South Atlantic
EEZ may not exceed 64 ft3 (1.8 m3) in volume in the northern
zone or 48 ft3 (1.4 m3) in volume in the middle and southern
zones. See Sec. 622.17(h) for specification of the golden crab zones.
(d) * * *
(2) * * *
(ii) Rope is the only material allowed to be used for a mainline or
buoy line attached to a golden crab trap, except that wire cable is
allowed for these purposes through January 31, 1998.
17. In Sec. 622.41, effective September 26, 1996, paragraph (e) is
added to read as follows:
Sec. 622.41 Species specific limitations.
* * * * *
(e) South Atlantic golden crab. Traps are the only fishing gear
authorized in
[[Page 43960]]
directed fishing for golden crab in the South Atlantic EEZ. Golden crab
in or from the South Atlantic EEZ may not be retained on board a vessel
possessing or using unauthorized gear.
18. In Sec. 622.45, effective September 26, 1996, paragraph (f)(1)
is added and, effective October 28, 1996, paragraphs (f)(2) through (4)
are added to read as follows:
Sec. 622.45 Restrictions on sale/purchase.
* * * * *
(f) South Atlantic golden crab. (1) A female golden crab in or from
the South Atlantic EEZ may not be sold or purchased.
(2) A golden crab harvested in the South Atlantic EEZ on board a
vessel that does not have a valid commercial permit for golden crab, as
required under Sec. 622.17(a), may not be sold or purchased.
(3) A golden crab harvested on board a vessel that has a valid
commercial permit for golden crab may be sold only to a dealer who has
a valid permit for golden crab, as required under Sec. 622.4(a)(4).
(4) A golden crab harvested in the South Atlantic EEZ may be
purchased by a dealer who has a valid permit for golden crab, as
required under Sec. 622.4(a)(4), only from a vessel that has a valid
commercial permit for golden crab.
19. In Sec. 622.48, effective September 26, 1996, paragraph (g) is
added to read as follows:
Sec. 622.48 Adjustment of management measures.
* * * * *
(g) South Atlantic golden crab. MSY, ABC, TAC, quotas (including
quotas equal to zero), trip limits, minimum sizes, gear regulations and
restrictions, permit requirements, seasonal or area closures, time
frame for recovery of golden crab if overfished, fishing year
(adjustment not to exceed 2 months), observer requirements, and
authority for the RD to close the fishery when a quota is reached or is
projected to be reached.
[FR Doc. 96-21814 Filed 8-26-96; 8:45 am]
BILLING CODE 3510-22-P