[Federal Register Volume 63, Number 136 (Thursday, July 16, 1998)]
[Rules and Regulations]
[Pages 38298-38303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18909]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 622
[Docket No. 971128281-8165-02; I.D. 102197D]
RIN 0648-AG27
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States; Golden Crab
Fishery Off the Southern Atlantic States; Amendment 8; OMB Control
Numbers
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 the approved measures
in Amendment 8 to the Fishery Management Plan for the Snapper-Grouper
Fishery of the South Atlantic Region (FMP). This final rule limits
access to the commercial snapper-grouper fishery; allows the retention
of snapper-grouper in excess of the bag limits on a permitted vessel
that has a single bait net or cast nets on board; and, subject to
specific conditions, exempts snapper-grouper lawfully harvested in
Bahamian waters from the requirement that they be maintained on board a
vessel in the exclusive economic zone (EEZ) of the South Atlantic with
head and fins intact. This final rule also corrects the regulations for
golden crab. Finally, 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, publishes the OMB control number
for these collections, and corrects the list of control numbers
applicable to title 50 of the Code of Federal Regulations. The intended
effects of this rule are to conserve and manage the snapper-grouper
resources off the southern Atlantic states.
DATES: This final rule is effective August 17, 1998, except that the
amendments to 15 CFR 902.1(b), 50 CFR 622.4(g), 622.7(b), and
622.40(b)(3)(ii)(B), and the addition of Sec. 622.18 to subpart B are
effective July 16, 1998, and the amendments to Sec. 622.4(a)(2)(vi) and
Sec. 622.44 introductory text and the revision of Sec. 622.44(c) are
effective December 14, 1998.
ADDRESSES: Copies of the final regulatory flexibility analysis (FRFA)
may be obtained from the Southeast Regional Office, NMFS, 9721
Executive Center Drive N., St. Petersburg, FL 33702. 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 Management and Budget (OMB), Washington, DC 20503 (Attention:
NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Peter Eldridge, 813-570-5305.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery off the southern
Atlantic states is managed under the FMP. The FMP was prepared by the
South Atlantic Fishery Management Council (Council) and is implemented
under the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part
622.
On October 30, 1997, NMFS announced the availability of Amendment 8
and requested comments on the amendment (62 FR 58703). On January 12,
1998, NMFS published a proposed rule to implement the measures in
Amendment 8 and additional measures proposed by NMFS and requested
comments on the rule (63 FR 1813). The background and rationale for the
measures in the amendment and proposed rule, including a detailed
explanation of the limited access program and key dates, are contained
in the preamble to the proposed rule and are not repeated here. On
January 28, 1998, after considering the comments received on the
amendment and proposed rule, NMFS partially approved Amendment 8.
Revised definitions of ``overfishing,'' ``overfished,'' and of
``threshold level'' were disapproved.
Definitions of Overfishing, Overfished, and Threshold Level
NMFS disapproved the revised definitions of overfished/overfishing
and the threshold criterion for all snapper-grouper species because
they were inconsistent with the Magnuson-Stevens Act requirement to
prevent overfishing. Specifically, reducing the overfished/overfishing
definitions from the 30-percent to the 20-percent level of the spawning
potential ratio (SPR) could allow a higher level of fishing mortality
that would jeopardize the capacity of the fisheries to produce maximum
sustainable yield (MSY) on a continuing basis. Retention of the
overfished/overfishing definitions at the 30-percent SPR level is more
risk averse and more likely to assure the attainment of MSY on a
continuing basis. The SPR Strategy
[[Page 38299]]
Committee advised the Council that the best estimate of OY for snapper-
grouper species lies between 30 and 40 percent SPR. This advice
constitutes the best scientific information available at this time.
The proposed overfishing threshold of 10 percent SPR was
disapproved because it is inconsistent with the Magnuson-Stevens Act
requirement to maintain a stock size that has the capacity to produce
MSY on a continuing basis. Since the MSY level for species in the
snapper-grouper complex is at least 30 percent SPR, the 10-percent
criterion would be too low. Thus, the 10-percent criterion was
disapproved because it was not consistent with national standard 1.
Comments and Responses
Comments on Amendment 8 and on the proposed rule were received from
the Council and 11 individuals.
Comment: The Council reiterated its support for Amendment 8 and
stated that it did not understand why NMFS disapproved the threshold
level.
Response: NMFS agrees with the Council on the approved measures of
Amendment 8. The proposed overfishing threshold of 10 percent SPR was
disapproved because it is inconsistent with the Magnuson-Stevens Act
requirement to maintain a stock size that has the capacity to produce
MSY on a continuing basis.
Comment: One fisherman stated that he wanted snapper-grouper
landings from Gulf statistical area number 2 to be included for
eligibility purposes.
Response: Amendment 8 allows landings from Gulf statistical area
number 2 to be included for eligibility purposes, provided these
landings were harvested, landed, and sold in compliance with all state
and Federal regulations.
Comment: Six individuals, who did not meet the criterion of having
a Federal snapper-grouper permit during the period February 11, 1996,
through February 11, 1997, oppose this criterion for the limited access
program. They believe that all currently permitted vessels should be
allowed to remain in the fishery.
Response: NMFS disagrees with these comments for the following
reasons. The average number of permitted vessels between 1993 and 1996
has been approximately 2,100 vessels. Of these, over 1,200 did not
report any landings of snapper-grouper species. It appears that many
vessel owners obtained snapper-grouper permits for speculative
purposes.
On July 30, 1991, a notice of control date for entry into the
snapper-grouper fishery was published in the Federal Register (56 FR
36052). This notice announced that anyone entering the snapper-grouper
fishery in the EEZ off the South Atlantic states after July 30, 1991
(control date), may not be assured of future access to the fishery if a
management regime is developed and implemented. Since that time, NMFS
and the South Atlantic Council have informed the public on several
occasions that entry to the fishery could be limited. The purpose of
these announcements was to discourage new entry into the fishery based
on economic speculation.
After extensive analysis, the Council concluded that the size and
capacity of the fleet have increased significantly in recent years.
Presently, there is excessive harvesting capacity in the fishery. The
Council concluded that any gains from conservation measures would lead
to new entries into the fishery, which would negate the positive
impacts of conservation measures. In addition, the entry of new vessels
would lead to gear and area conflicts as more vessels competed for
available resources on the same fishing grounds.
The Council and NMFS believe that limiting participation to those
vessels that held a permit between February 11, 1996, and February 11,
1997, will stabilize the number of vessels in the fishery. Further, the
two-for-one transfer provision will reduce the number of vessels to the
level that the resource can sustain. In summary, this measure will
promote orderly utilization of the resource, promote stability in the
fishery and facilitate long-term planning, minimize gear and area
conflicts among fishermen, and decrease incentives for
overcapitalization. Thus, NMFS supports the limited access program.
Comment: One individual believes everyone has a right to fish
snapper-grouper commercially.
Response: The snapper-grouper resources belong to all citizens of
the United States, including future generations. The Magnuson-Stevens
Act directs that overfishing be prevented while achieving, on a
continuing basis, the OY from each fishery. Further, the Magnuson-
Stevens Act directs that overfished stocks be rebuilt. Given these
statutory mandates and the fragile nature of the snapper-grouper
resource, not everyone will be allowed to fish commercially. In fact,
fishing pressure must be reduced substantially to rebuild currently
overfished species in the snapper-grouper management unit within
statutory time frames.
Comment: Two individuals, who will qualify for a trip-related
commercial permit, oppose the provision that a replacement vessel shall
be equal to or less than the size (length and gross tonnage) of the
replaced vessel.
Response: Although the Council is allowing low-volume fishermen to
continue to fish, it does not want these fishermen to add to the
overfishing problem. If low volume fishermen were allowed to increase
the size or capacity of their vessel, they would increase the fishing
power of the vessel which could lead to greater catches, thereby
exacerbating the overfishing problem in the fishery. The comments do
not provide substantive information that would provide a basis for
disapproval of this provision. NMFS, therefore, disagrees with the
comments and has approved this provision.
Delayed Effectiveness for Commercial Trip Limits
The revisions to the commercial trip limits in Sec. 622.44
introductory text and paragraph (c) are made effective December 14,
1998 to avoid differential regulatory effects on permittees based
solely on their birth month (date of permit expiration) and to minimize
administrative problems related to permit issuance. December 14, 1998
is the date that limited access permits are required and that prior
snapper-grouper commercial permits are no longer valid. If the
commercial trip limits were effective prior to that date, permittees
whose permits expire before that date and who would be eligible only
for a trip-limited permit would be forced to obtain the trip-limited
permit and to be constrained by the associated commercial trip limit.
However, such permittees whose permits would not expire by that date
could continue to fish until that date with their existing commercial
permits and without a commercial trip limit. This differential
regulatory impact based solely on birth month (permit expiration date)
is undesirable. Also, it is likely that this group of permittees would
defer application for a limited access (trip-limited) permit as long as
possible, thus impeding orderly issuance of such permits.
Changes From the Proposed Rule
In Sec. 622.4(a)(2)(vi), the proposed language regarding the terms
``transferable commercial permit'' and ``trip-limited commercial
permit'' was determined to be unnecessary and was removed because the
existing term, ``commercial vessel permit'' is adequate. The
requirement to have either a transferable commercial permit or a trip-
limited commercial permit is addressed specifically in Sec. 622.18(a).
[[Page 38300]]
Minor editorial revisions are made in Secs. 622.4(g) and 622.7(b)
to conform to revisions implemented by the final rule for Amendment 15
to the Fishery Management Plan for the Reef Fish Resources of the Gulf
of Mexico (62 FR 67714, December 30, 1997), which occurred after
publication of the proposed rule for snapper-grouper Amendment 8.
In Sec. 622.18 of the proposed rule, minor editorial changes were
made in paragraph (b) to improve clarity. Further, the language in
paragraph (d)(2)(iv) was inadvertently duplicated in paragraph
(d)(3)(ii). In this final rule, Sec. 622.18(d)(3)(ii) is removed, and
Sec. 622.18(d)(3)(iii) is redesignated as Sec. 622.18(d)(3)(ii) to
eliminate the redundancy and reorder the section.
In Sec. 622.41 of the proposed rule, the headings of paragraphs
(d)(3), (d)(4), and (d)(5) were revised to reflect more accurately the
effect of the paragraphs, and minor editorial revisions to those
paragraphs were made to state the provisions more concisely.
NMFS is also making a technical amendment to
Sec. 622.40(b)(3)(ii)(B), which was not included in the proposed rule.
This technical amendment revises a phrase that did not appropriately
express the intent of the Fishery Management Plan for the Golden Crab
Fishery of the South Atlantic Region. Specifically, the phrase ``hinges
and fasteners'' is revised to read ``hinges or fasteners.'' The effect
is that either hinges or fasteners must be constructed of degradable
materials; the prior existing regulatory language incorrectly required
both hinges and fasteners to be degradable.
Under NOAA Administrative Order 205-11, 7.01, dated December 17,
1990, the Under Secretary for Oceans and Atmosphere, Department of
Commerce, has delegated authority to sign material for publication in
the Federal Register to the Assistant Administrator for Fisheries, NOAA
(AA).
Classification
The Regional Administrator, Southeast Region, NMFS, with the
concurrence of the AA, determined that the approved measures of
Amendment 8 are necessary for the conservation and management of the
snapper-grouper fishery off the southern Atlantic states and that, with
the exception of the measures that were not approved, Amendment 8 is
consistent with the Magnuson-Stevens Act and other applicable law.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
NMFS prepared a FRFA based on an initial regulatory flexibility
analysis (IRFA). No public comments were received on the IRFA and no
other information was received that would alter the IRFA conclusions.
Also, the disapproval of certain amendment measures did not result in
changes to the final rule compared to the proposed rule. For these
reasons, the FRFA adopts the analyses and findings of the IRFA without
change. The FRFA concludes that a significant economic impact on a
substantial number of small entities will result from implementation of
Amendment 8. A summary of the FRFA follows.
The rule is based largely on the need to resolve overcapitalization
problems in the fishery; the Council is revising the existing permit
system to cap the number of participants in the fishery and to follow
that with future actions to control the level of overall effort and
catch. Other actions in the rule allow fishermen to catch bait with
nets and also exempt recreational fishermen from the requirement to
land snapper-grouper species with the head and fins intact if the fish
were caught legally in Bahamian waters and the fisherman does not fish
in the EEZ. The rule will affect about 2,500 commercial snapper-grouper
fishermen who operate vessels and equipment worth from $53,000 to
$237,000 per operation. A number of these operations land only a minor
amount of the snapper-grouper species, and this is indicated by the
observation that average annual snapper-grouper landings per vessel are
valued at about $6,200. The rule contains three new, minor data
collection requirements that can be met by the fishermen without the
need for additional reporting or recordkeeping skills. The Council
considered a number of alternatives to the proposed options and, in all
cases, rejected the status quo because the objectives of the rule would
not be met. The options considered ranged from options that would
create only slight changes relative to the status quo to options that
would meet the objectives, but only at the cost of a considerable
negative economic impact on existing fishermen. The Council chose the
preferred options on the basis that progress toward the objectives
would be made without imposing excessive negative impacts on existing
small business entities.
Copies of the FRFA are available (see ADDRESSES).
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 OMB control number.
This rule contains three new, one-time collection-of-information
requirements subject to the PRA--namely, the submission of applications
for limited access commercial permits for snapper-grouper,
reconsideration of determinations that applicants are not eligible for
initial limited access commercial permits, and submission of contracts
that provide for transfers of rights to limited access commercial
permits. These requirements have been approved by OMB under OMB control
number 0648-0340. The public reporting burdens for these collections of
information are estimated at 20, 45, and 15 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 burden estimates or any other aspects of the
collections of information, including suggestions for reducing the
burden, to NMFS and OMB (see ADDRESSES).
Timely and orderly implementation of the new limited access program
for South Atlantic snapper-grouper requires that Sec. 622.18 and
related provisions in Secs. 622.4(g) and 622.7(b) be made effective as
soon as possible, i.e., July 16, 1998. Section 622.18 deals exclusively
with the administrative and operational aspects of the limited access
program. The provisions of Sec. 622.18 outline numerous deadlines for
actions by persons seeking to obtain a limited access permit, criteria
for permit eligibility, and administrative actions by NMFS that must
precede actions by a permit applicant. These permit-related provisions
are interrelated. To ensure adequate time for NMFS to perform
prerequisite actions, such as determination of eligibility and
notification of owners, to provide a reasonable amount of time for
applicants to respond as required by the provisions of Amendment 8 and
this rule, and to assure orderly implementation of the limited access
program, Sec. 622.18 must be made effective as soon as possible.
Similarly, the provisions related to permit transferability in
Sec. 622.4(g), the prohibition on falsifying information on a permit
application in Sec. 622.7(b), and the OMB control numbers for the three
new, one-time collection-of-information requirements contained in 15
CFR 902.1(b) are directly related to the initial implementation of the
limited access
[[Page 38301]]
program and must also be made effective as soon as possible. Under 5
U.S.C. 553(d)(3), the AA, for good cause, finds that it would be
unnecessary and contrary to the public interest to delay for 30 days
the effective date of the amendments to Secs. 622.4(g), 622.7(b),
622.18, and 15 CFR 902.1(b).
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: July 10, 1998.
David L. Evans,
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:
15 CFR CHAPTER IX
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 July 16, 1998, in Sec. 902.1, paragraph (b) table,
under 50 CFR, the following entry is 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 number
CFR part or section where the information collection (all numbers
requirement is located begin with
0648-)
------------------------------------------------------------------------
* * * * *
50 CFR
* * * * *
622.18................................................ -0340
* * * * *
------------------------------------------------------------------------
50 CFR Chapter VI
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. Effective December 14, 1998, in Sec. 622.4, the last sentence of
paragraph (a)(2)(vi) is revised to read as follows:
Sec. 622.4 Permits and fees.
(a) * * *
(2) * * *
(vi) * * * See Sec. 622.18 for limitations on the use, transfer,
and renewal of a commercial vessel permit for South Atlantic snapper-
grouper.
* * * * *
5. Effective July 16, 1998, in Sec. 622.4, the first sentence of
paragraph (g) is revised to read as follows:
Sec. 622.4 Permits and fees.
* * * * *
(g) Transfer. A vessel permit, license, or endorsement or dealer
permit issued under this section is not transferable or assignable,
except as provided in paragraph (m) of this section for a commercial
vessel permit for Gulf reef fish, in paragraph (n) of this section for
a fish trap endorsement, in paragraph (p) of this section for a red
snapper license, in paragraph (q) of this section for a king mackerel
permit, in Sec. 622.17(i) for a commercial vessel permit for golden
crab, or in Sec. 622.18(e) for a commercial vessel permit for South
Atlantic snapper-grouper. * * *
* * * * *
6. Effective July 16, 1998, in Sec. 622.7, paragraph (b) is revised
to read as follows:
Sec. 622.7 Prohibitions.
* * * * *
(b) Falsify information on an application for a permit, license, or
endorsement or submitted in support of such application, as specified
in Sec. 622.4(b), (g), (p), or (q), or in Sec. 622.17, or in
Sec. 622.18.
* * * * *
7. Effective July 16, 1998, Sec. 622.18 is added to subpart B to
read as follows:
Sec. 622.18 South Atlantic snapper-grouper limited access.
(a) Applicability. Beginning December 14, 1998, the only valid
commercial vessel permits for South Atlantic snapper-grouper are those
that have been issued under the limited access criteria in this
section. A vessel may have either a transferable commercial permit or a
trip-limited commercial permit for South Atlantic snapper-grouper.
(b) Initial eligibility. A vessel is eligible for an initial
limited access commercial permit for South Atlantic snapper-grouper if
the owner owned a vessel with a commercial vessel permit for South
Atlantic snapper-grouper at any time from February 11, 1996, through
February 11, 1997, and owned a permitted vessel that had at least one
landing of snapper-grouper from the South Atlantic from January 1,
1993, through August 20, 1996, as reported on fishing vessel logbooks
received by the SRD on or before August 20, 1996. An owner whose
permitted vessels had landings of snapper-grouper from the South
Atlantic of at least 1,000 lb (453.6 kg), whole weight, in any one of
the years 1993, 1994, or 1995, or in 1996 through August 20, as
reported on fishing vessel logbooks received by the SRD on or before
August 20, 1996, is eligible for an initial transferable permit. All
other qualifying owners are eligible for an initial trip-limited
permit.
(c) Determinations of eligibility--(1) Permit history. The sole
basis for determining whether a vessel had a commercial vessel permit
for South Atlantic snapper-grouper at any time from February 11, 1996,
through February 11, 1997, is NMFS' permit records. An owner of a
currently permitted vessel who believes he/she meets the February 11,
1996, through February 11, 1997, permit history criterion based on
ownership of a vessel under a different name, as may have occurred when
ownership has changed from individual to corporate or vice versa, must
document his/her continuity of ownership. No more than one owner of a
currently permitted vessel will be credited with meeting the permit
history criterion based on a vessel's permit history.
(2) Landings. (i) Landings of snapper-grouper from the South
Atlantic during the qualifying period are determined from fishing
vessel logbooks received by the SRD on or before August 20, 1996. State
trip ticket data may be considered in support of claimed landings
provided such trip ticket data were received by the state on or before
September 20, 1996.
(ii) Only landings when a vessel had a valid commercial permit for
snapper-grouper and only landings that were harvested, landed, and sold
in compliance with state and Federal regulations may be used to
establish eligibility.
(iii) For the purpose of eligibility for a limited access
commercial permit for snapper-grouper, the owner of a vessel that had a
commercial snapper-grouper permit during the qualifying period retains
the snapper-grouper landings record of that vessel during the time of
his/her ownership unless a sale of the vessel included a written
agreement that credit for such landings was transferred to the new
owner. Such transfer of credit must be for the vessel's entire
[[Page 38302]]
record of landings of snapper-grouper from the South Atlantic.
(d) Implementation procedures--(1) Notification of status. On or
about July 27, 1998, the RD will notify each owner of a vessel that had
a commercial permit for South Atlantic snapper-grouper at any time from
February 11, 1996, through February 11, 1997, and each owner of a
vessel that has a commercial permit for South Atlantic snapper-grouper
on July 16, 1998, of NMFS' initial determination of eligibility for
either a transferable or a trip-limited, limited access commercial
permit for South Atlantic snapper-grouper. Each notification will
include an application for such permit. Addresses for such
notifications will be based on NMFS' permit records. A vessel owner who
believes he/she qualifies for a limited access commercial permit for
South Atlantic snapper-grouper and who does not receive such
notification must obtain an application from the RD.
(2) Applications. (i) An owner of a vessel who desires a limited
access commercial permit for South Atlantic snapper-grouper must submit
an application for such permit postmarked or hand-delivered not later
than October 14, 1998. Failure to apply in a timely manner will
preclude permit issuance even when the vessel owner meets the
eligibility criteria for such permit.
(ii) A vessel owner who agrees with NMFS' initial determination of
eligibility, including type of permit (transferable or trip-limited),
need provide no documentation of eligibility with his/her application.
(iii) A vessel owner who disagrees with the initial determination
of eligibility or type of permit must specify the type of permit
applied for and provide documentation of eligibility. Documentation and
other information submitted on or with an application are subject to
verification by comparison with state, Federal, and other records and
information. Submission of false documentation or information may
disqualify an owner from initial participation in the limited access
commercial South Atlantic snapper-grouper fishery and is a violation of
the regulations in this part.
(iv) If an application that is postmarked or hand delivered in a
timely manner is incomplete, the RD will notify the vessel owner of the
deficiency. If the owner fails to correct the deficiency within 20 days
of the date of the RD's notification, the application will be
considered abandoned.
(3) Issuance. (i) If a complete application is submitted in a
timely manner and the eligibility requirements specified in paragraph
(b) of this section are met, the RD will issue an initial commercial
vessel permit, transferable or trip-limited, as appropriate, and mail
it to the vessel owner not later than December 3, 1998.
(ii) If the eligibility requirements specified in paragraph (b) of
this section are not met, the RD will notify the vessel owner, in
writing, not later than November 13, 1998 of such determination and the
reasons for it.
(4) Reconsideration. (i) A vessel owner may request reconsideration
of the RD's determination regarding initial permit eligibility by
submitting a written request for reconsideration to the RD. Such
request must be postmarked or hand delivered within 20 days of the date
of the RD's notification denying initial permit issuance and must
provide written documentation supporting permit eligibility.
(ii) Upon receipt of a request for reconsideration, the RD will
forward the initial application, the RD's response to that application,
the request for reconsideration, and pertinent records to an
Application Oversight Board consisting of state directors (or their
designees) from each state in the Council's area of jurisdiction. Upon
request, a vessel owner may make a personal appearance before the
Application Oversight Board.
(iii) If reconsideration by the Application Oversight Board is
requested, such request constitutes the vessel owner's written
authorization under section 402(b)(1)(F) of the Magnuson-Stevens Act
for the RD to make available to the Application Oversight Board members
such confidential catch and other records as are pertinent to the
matter under reconsideration.
(iv) The Application Oversight Board may only deliberate whether
the eligibility criteria specified in paragraph (b) of this section
were applied correctly in the vessel owner's case, based solely on the
available record, including documentation submitted by the owner. The
Application Oversight Board may not consider whether an owner should
have been eligible for a commercial vessel permit because of hardship
or other factors. The Application Oversight Board members will provide
individual recommendations for each application for reconsideration to
the RD.
(v) The RD will make a final decision based on the eligibility
criteria specified in paragraph (b) of this section and the available
record, including documentation submitted by the vessel owner, and the
recommendations and comments from members of the Application Oversight
Board. The RD may not consider whether a vessel owner should have been
eligible for a commercial vessel permit because of hardship or other
factors. The RD will notify the owner of the decision and the reason
for it, in writing, within 15 days of receiving the recommendations
from the Application Oversight Board members. The RD's decision will
constitute the final administrative action by NMFS.
(e) Transfers of permits. A snapper-grouper limited access permit
is valid only for the vessel and owner named on the permit. To change
either the vessel or the owner, an application for transfer must be
submitted to the RD.
(1) Transferable permits. (i) An owner of a vessel with a
transferable permit may request that the RD transfer the permit to
another vessel owned by the same entity.
(ii) A transferable permit may be transferred upon a change of
ownership of a permitted vessel with such permit from one to another of
the following: Husband, wife, son, daughter, brother, sister, mother,
or father.
(iii) A transferable permit may be transferred to a vessel whose
owner had, as of August 20, 1996, a written contract for the purchase
of a vessel that included a provision transferring to the new owner the
rights to any limited access permit to which the former owner might
become entitled under the provisions for initial issue of limited
access permits. To be considered, any such written contract must be
submitted to the RD postmarked or hand-delivered on or before December
14, 1998.
(iv) Except as provided in paragraphs (e)(1)(i), (ii), and (iii) of
this section, a person desiring to acquire a limited access,
transferable permit for South Atlantic snapper-grouper must obtain and
exchange two such permits for one new permit.
(v) A transfer of a permit that is undertaken under paragraph
(e)(1)(ii), (e)(1)(iii), or (e)(1)(iv) of this section will constitute
a transfer of the vessel's entire catch history to the new owner.
(2) Trip-limited permits. An owner of a vessel with a trip-limited
permit may request that the RD transfer the permit to another vessel
owned by the same entity provided the length and gross tonnage of the
replacement vessel are equal to or less than the length and gross
tonnage of the replaced vessel.
(f) Renewal. NMFS will not reissue a commercial vessel permit for
South Atlantic snapper-grouper if the permit is revoked or if the RD
does not receive an application for renewal within 60 days of the
permit's expiration date.
[[Page 38303]]
8. In Sec. 622.38, paragraph (a) is revised and paragraph (i) is
added to read as follows:
Sec. 622.38 Landing fish intact.
* * * * *
(a) The following must be maintained with head and fins intact:
Cobia, king mackerel, and Spanish mackerel in or from the Gulf, Mid-
Atlantic, or South Atlantic EEZ, except as specified for king mackerel
in paragraph (h) of this section; South Atlantic snapper-grouper in or
from the South Atlantic EEZ, except as specified in paragraphs (e) and
(i) of this section; yellowtail snapper in or from the Caribbean EEZ;
and finfish in or from the Gulf EEZ, except as specified in paragraphs
(c) and (d) of this section. Such fish may be eviscerated, gilled, and
scaled, but must otherwise be maintained in a whole condition.
* * * * *
(i) In the South Atlantic EEZ, snapper-grouper lawfully harvested
in Bahamian waters are exempt from the requirement that they be
maintained with head and fins intact, provided valid Bahamian fishing
and cruising permits are on board the vessel and the vessel is in
transit through the South Atlantic EEZ. For the purpose of this
paragraph (i), a vessel is in transit through the South Atlantic EEZ
when it is on a direct and continuous course through the South Atlantic
EEZ and no one aboard the vessel fishes in the EEZ.
9. In Sec. 622.39, paragraph (a)(3) is added to read as follows:
Sec. 622.39 Bag and possession limits.
(a) * * *
(3) Paragraph (a)(1) of this section notwithstanding, the bag and
other limits specified in Sec. 622.35(b) apply for South Atlantic
snapper-grouper in or from the EEZ to a person aboard a vessel for
which a commercial permit for South Atlantic snapper-grouper has been
issued that has on board a longline in the longline closed area.
* * * * *
10. Effective July 16, 1998, in Sec. 622.40(b)(3)(ii)(B), the last
sentence is revised to read as follows:
Sec. 622.40 Limitations on traps and pots.
* * * * *
(b) * * *
(3) * * *
(ii) * * *
(B) * * * The hinges or 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.
* * * * *
11. In Sec. 622.41, paragraph (d)(2)(ii) introductory text and
paragraph (d)(3) are revised and paragraphs (d)(4) and (d)(5) are added
to read as follows:
Sec. 622.41 Species specific limitations.
* * * * *
(d) * * *
(2) * * *
(ii) Except as specified in paragraphs (d)(3) through (d)(5) of
this section, a person aboard a vessel with unauthorized gear on board,
other than trawl gear, that fishes in the EEZ on a trip is limited on
that trip to:
* * * * *
(3) Possession allowance regarding sink nets off North Carolina. A
vessel that has on board a commercial permit for South Atlantic
snapper-grouper, excluding wreckfish, that fishes in the EEZ off North
Carolina with a sink net on board, may retain, without regard to the
limits specified in paragraph (d)(2)(ii) of this section, otherwise
legal South Atlantic snapper-grouper taken with bandit gear, buoy gear,
handline, rod and reel, or sea bass pot. For the purpose of this
paragraph (d)(3), a sink net is a gillnet with stretched mesh
measurements of 3 to 4.75 inches (7.6 to 12.1 cm) that is attached to
the vessel when deployed.
(4) Possession allowance regarding bait nets. A vessel that has on
board a commercial permit for South Atlantic snapper-grouper, excluding
wreckfish, that fishes in the South Atlantic EEZ with no more than one
bait net on board, may retain, without regard to the limits specified
in paragraph (d)(2)(ii) of this section, otherwise legal South Atlantic
snapper-grouper taken with bandit gear, buoy gear, handline, rod and
reel, or sea bass pot. For the purpose of this paragraph (d)(4), a bait
net is a gillnet not exceeding 50 ft (15.2 m) in length or 10 ft (3.1
m) in height with stretched mesh measurements of 1.5 inches (3.8 cm) or
smaller that is attached to the vessel when deployed.
(5) Possession allowance regarding cast nets. A vessel that has on
board a commercial permit for South Atlantic snapper-grouper, excluding
wreckfish, that fishes in the South Atlantic EEZ with a cast net on
board, may retain, without regard to the limits specified in paragraph
(d)(2)(ii) of this section, otherwise legal South Atlantic snapper-
grouper taken with bandit gear, buoy gear, handline, rod and reel, or
sea bass pot. For the purpose of this paragraph (d)(5), a cast net is a
cone-shaped net thrown by hand and designed to spread out and capture
fish as the weighted circumference sinks to the bottom and comes
together when pulled by a line.
* * * * *
12. Effective December 14, 1998, in Sec. 622.44, the last sentence
of the introductory text and paragraph (c) are revised to read as
follows:
Sec. 622.44 Commercial trip limits.
* * * For fisheries governed by this part, commercial trip limits
apply as follows (all weights are round or eviscerated weights):
* * * * *
(c) South Atlantic snapper-grouper. When a vessel fishes on a trip
in the South Atlantic EEZ, the vessel trip limits specified in this
paragraph (c) apply, provided persons aboard the vessel are not subject
to the bag limits. See Sec. 622.39(a) for applicability of the bag
limits.
(1) Trip-limited permits. A vessel for which a trip-limited permit
for South Atlantic snapper-grouper has been issued is limited to 225 lb
(102.1 kg) of snapper-grouper.
(2) Golden tilefish. (i) Until the fishing year quota specified in
Sec. 622.42(e)(2) is reached, 5,000 lb (2,268 kg).
(ii) After the fishing year quota specified in Sec. 622.42(e)(2) is
reached, 300 lb (136 kg).
(3) Snowy grouper. (i) Until the fishing year quota specified in
Sec. 622.42(e)(1) is reached, 2,500 lb (1,134 kg).
(ii) After the fishing year quota specified in Sec. 622.42(e)(1) is
reached, 300 lb (136 kg).
* * * * *
[FR Doc. 98-18909 Filed 7-15-98; 8:45 am]
BILLING CODE 3510-22-P