[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Rules and Regulations]
[Pages 48413-48415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23530]


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DEPARTMENT OF COMMERCE
50 CFR Part 622

[Docket No. 96061317-6247-02; 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: Final rule.

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SUMMARY: NMFS issues this final rule to implement Amendment 13 to the 
Fishery Management Plan for the Reef Fish Resources of the Gulf of 
Mexico (FMP). Amendment 13 extends the red snapper vessel permit 
endorsement and trip limit system until implementation of either the 
individual transferrable quota (ITQ) system approved under Amendment 8 
to the FMP or an alternate program to restrict access to

[[Page 48414]]

the commercial red snapper fishery, such as a limited license system. 
If neither option is possible, the vessel permit endorsement and trip 
limit system terminates on December 31, 1997. The intended 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.

EFFECTIVE DATE: September 15, 1996.

FOR FURTHER INFORMATION CONTACT: 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 and is implemented through regulations at 50 
CFR part 622 under the authority of the Magnuson Fishery Conservation 
and Management Act (Magnuson Act).
    Background information on the management of the commercial red 
snapper fishery and the rationale for the management measures in 
Amendment 13 were contained in the preamble to the proposed rule (61 FR 
32422, June 24, 1996) and are not repeated here.
    The availability of Amendment 13 for public comment was announced 
in the Federal Register on May 14, 1996 (61 FR 24267), and comments 
were invited through July 8, 1996. Public comments were invited on the 
proposed rule through July 8, 1996. NMFS approved Amendment 13 on 
August 9, 1996. One comment was received in support of Amendment 13 
during the public comment periods on the amendment and the rule. 
Accordingly, the proposed rule is adopted as final with only the 
changes described below.

Comment and Response

    Comment: The U.S. Fish and Wildlife Service provided a comment in 
support of Amendment 13.
    Response: NMFS agrees.

Changes from the Proposed Rule

    Since the proposed rule was published, NMFS has consolidated most 
of its fishery regulations for the Southeast Region into one set of 
regulations at 50 CFR part 622 (published on July 3, 1996, 61 FR 
34930). Accordingly, the amendatory instructions in this final rule 
implementing Amendment 13 are amendments to part 622 rather than 
amendments to 50 CFR part 641, as were contained in the proposed rule. 
In Sec. 622.4, paragraph (p) is added for clarity and consistency. The 
endorsement provisions contained in paragraph (p) are consistent with 
the original provisions established in emergency regulations published 
December 30, 1992 (57 FR 62237), and continued via subsequent 
regulations. Minor changes in language have been made to conform to the 
standards in part 622.

Classification

    The Director, Southeast Region, NMFS, determined that Amendment 13 
is necessary for the conservation and management of the reef fish 
fishery of the Gulf of Mexico and that it is consistent with the 
Magnuson Act and other applicable law.
    This action 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 32422, June 24, 1996) and are 
not repeated here. No comments were received concerning this 
certification. As a result, a regulatory flexibility analysis was not 
prepared.
    In accordance with the FMP's framework procedure for adjusting 
annual management measures, NMFS has proposed to increase the 
commercial quota for red snapper and make this additional quota 
available to the commercial fishery as of September 15, 1996 (FR 42413, 
August 15, 1996). If NMFS, after considering the public comment, 
approves the increased 1996 quota for the commercial red snapper 
fishery, this fishery will still be subject to the ITQ system 
(established by Amendment 8) that requires fishermen to have ITQ 
coupons in order to fish for red snapper. As explained in the proposed 
rule for Amendment 13, NMFS is unable to implement the ITQ system for 
the foreseeable future. Therefore, unless the ITQ regulations are 
suspended by this final rule by September 15, the commercial fishery 
cannot reopen on that date in order to harvest the additional 
commercial quota. For these reasons, the Assistant Administrator for 
Fisheries, NOAA, has determined that this rule relieves a restriction 
within the meaning of section 553(d) of the Administrative Procedure 
Act. Therefore, the effective date of this rule is not delayed for 30 
days.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: September 9, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF AND SOUTH ATLANTIC

    1. The authority citation for part 622 continues to read as 
follows:

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

    2. In Sec. 622.4, paragraphs (a)(2)(ix) and (p) are added to read 
as follows:


Sec. 622.4  Permits and fees.

    (a) * * *
    (2) * * *
    (ix) Gulf red snapper. Effective through December 31, 1997, as a 
prerequisite for exemption from the trip limit for red snapper 
specified in Sec. 622.44(e)(1), a commercial vessel permit for Gulf 
reef fish with a red snapper endorsement must have been issued to the 
vessel and must be on board.
* * * * *
    (p) Gulf red snapper endorsements. This paragraph (p) is effective 
through December 31, 1997.
    (1) Based on documented historical red snapper landings from the 
Gulf of 5,000 lb (2,269 kg), round weight, or its equivalent in 
eviscerated weight, per year in 2 of the years 1990, 1991, and 1992, 
Gulf red snapper endorsements have been issued for vessels that have 
commercial permits for Gulf reef fish. In cases where a red snapper 
endorsement is issued based on the qualifications of an operator, the 
validity of that endorsement is conditioned on that named operator 
being aboard and in charge of the permitted vessel.
    (2) A Gulf red snapper endorsement is invalid upon sale of the 
vessel; however, an owner of a vessel with a red snapper 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) Paragraph (p)(2) of this section notwithstanding--
    (i) In the event that a vessel with a Gulf red snapper endorsement 
has a change of ownership that is directly related to the disability or 
death of the owner, the RD may issue a red snapper

[[Page 48415]]

endorsement, temporarily or permanently, with the commercial permit for 
Gulf reef fish 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 vessel permit for Gulf reef 
fish upon disability or death of an owner is considered a purchase of a 
permitted vessel and paragraph (m)(3) of this section applies regarding 
a commercial vessel permit for Gulf reef fish for the vessel under the 
new owner.)
    (ii) In the event of the disability or death of an operator whose 
presence aboard a vessel is a condition for the validity of a Gulf red 
snapper endorsement, the RD 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. 622.7  [Amended]

    3. In Sec. 622.7, in paragraph (i)(5), the concluding words 
``introductory text'' are removed.


Sec. 622.16  [Suspended]

    4. Section 622.16 is suspended indefinitely.
    5. In Sec. 622.44, paragraph (e) is added to read as follows:


Sec. 622.44  Commercial trip limits.

* * * * *
    (e) Gulf red snapper. This paragraph (e) is effective through 
December 31, 1997.
    (1) Except as provided in paragraph (e)(2) of this section, the 
trip limit for red snapper in or from the Gulf for a vessel that has on 
board a valid commercial permit for Gulf reef fish is 200 lb (91 kg), 
round or eviscerated weight.
    (2) The trip limit for red snapper in or from the Gulf for a vessel 
that has on board a valid commercial permit for Gulf reef fish and a 
valid Gulf red snapper endorsement is 2,000 lb (907 kg), round or 
eviscerated weight.
    (3) As a condition of a commercial vessel permit for Gulf reef 
fish, as required under Sec. 622.4(a)(2)(v), without regard to where 
red snapper are harvested or possessed, a vessel with such permit--
    (i) May not possess red snapper in or from the Gulf in excess of 
the appropriate vessel trip limit, as specified in paragraph (e)(1) or 
(e)(2) of this section.
    (ii) May not transfer at sea red snapper in or from the Gulf.
[FR Doc. 96-23530 Filed 9-10-96; 3:00 pm]
BILLING CODE 3510-22-F