[Federal Register Volume 63, Number 208 (Wednesday, October 28, 1998)]
[Rules and Regulations]
[Pages 57589-57590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28862]



[[Page 57589]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 622

[Docket No. 980608151-8255-02; I.D. 122497B]
RIN 0648-AK43


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Golden Crab Fishery of the South Atlantic Region; Gear and Vessel 
Management Measures

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 a regulatory 
amendment prepared by the South Atlantic Fishery Management Council 
(Council) in accordance with framework procedures for adjusting 
management measures of the Fishery Management Plan for the Golden Crab 
Fishery of the South Atlantic Region (FMP). For the golden crab fishery 
in the South Atlantic exclusive economic zone (EEZ), the regulatory 
amendment revises the vessel size limitations applicable when a vessel 
permit is transferred to another vessel and extends through December 
31, 2000, the authorization to use wire cable for a mainline attached 
to a golden crab trap. In addition, NMFS is removing from the 
regulations the eligibility criteria and procedures for obtaining 
initial commercial vessel permits in the South Atlantic golden crab 
fishery. Such criteria and procedures are no longer applicable. NMFS is 
also revising the list of control numbers applicable to Title 50 of the 
Code of Federal Regulations to reflect removal of the eligibility 
criteria and procedures for obtaining initial commercial vessel permits 
for this fishery. The intended effects of this rule are to allow for 
additional evaluation of cable used as mainlines for traps, to provide 
greater flexibility for fishermen to fish with vessels of different 
lengths without adversely affecting the FMP's cap on fishing effort, 
and to simplify the regulations.
DATES: This rule is effective October 28, 1998.

FOR FURTHER INFORMATION CONTACT: Peter Eldridge, 727-570-5305.

SUPPLEMENTARY INFORMATION: The golden crab fishery in the EEZ of the 
South Atlantic is managed under the FMP. The FMP was prepared by the 
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.
    The Council proposed adjusted management measures (a regulatory 
amendment) for the South Atlantic golden crab fishery. The Council 
submitted this regulatory amendment to NMFS for its review, approval, 
and implementation. These measures were developed and submitted to NMFS 
under the FMP's framework procedure for adjustments in gear regulations 
and permit requirements. Additional background for these measures and 
for measures proposed by NMFS to simplify the regulations was published 
in the preamble to the proposed rule (63 FR 34842, June 26, 1998) and 
is not repeated here.

Comments and Responses

    Two comments on the proposed rule were received from the Council.
    Comment: The Council requested that wire cable be allowed to be 
used for a main line in the golden crab fishery through December 31, 
2000, rather than through January 31, 1999, as proposed. The Council 
concluded that this additional time was needed to collect sufficient 
data to evaluate properly the use of wire cable in the fishery. In its 
comment, the Council noted that the opportunity for public comment on 
this issue was provided at the June 1998 Council meeting; however, no 
public comment was received.
    Response: NMFS concurs and has modified Sec. 622.40(d)(2)(ii) of 
this final rule accordingly.
    Comment: The Council noted that Sec. 622.40(d)(2)(ii) of the 
proposed rule included the outdated phrase, ``except that wire cable is 
allowed for a buoy line through January 31, 1998.'' The Council 
recommended deletion of that phrase.
    Response: NMFS concurs and has modified Sec. 622.40(d)(2)(ii) of 
this final rule accordingly.

Changes From the Proposed Rule

    In response to public comment noted above, in 
Sec. 622.40(d)(2)(ii), the phrase, ``for a buoy line through January 
31, 1998, and'' has been removed, and ``January 31, 1999'' has been 
revised to read ``December 31, 2000.''
    NMFS also is making a technical amendment, which was not included 
in the proposed rule. In 15 CFR 902.1(b), in the listing of sections in 
title 50 of the CFR where information collection requirements are 
located, the entry ``622.17'' and the entry for the corresponding OMB 
control number,     ``-0205,'' are removed. These removals correspond 
with the removal from the regulations of the eligibility criteria and 
procedures for obtaining initial commercial vessel permits in this 
fishery.
    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 (AA), NOAA, the authority to 
sign material for publication in the Federal Register.

Classification

    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce, based on the Council's regulatory impact review 
(RIR) that assesses the economic impacts of the management measures in 
this rule on fishery participants, certified to the Chief Counsel for 
Advocacy of the Small Business Administration that this rule would not 
have a significant economic impact on a substantial number of small 
entities. No comments were received regarding this certification. As a 
result, a regulatory flexibility analysis was not prepared.
    This final rule relieves a restriction regarding use of wire cable 
for main line and a restriction related to vessel transfer. Both of 
these provisions provide greater flexibility to fishery participants in 
terms of their prosecution of the fishery. Accordingly, the AA finds 
that these reasons constitute good cause, under 5 U.S.C. 553(d)(3), to 
waive the 30-day delay in the effectiveness of this rule.

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: October 22, 1998.
Gary C. Matlock,
Acting 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:

[[Page 57590]]

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.


Sec. 902.1  [Amended]

    2. In Sec. 902.1, paragraph (b) table, under 50 CFR, in the left 
column, the entry ``622.17'' is removed and the corresponding entry in 
the right column, ``-0205'', is also removed.

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. In Sec. 622.4, paragraph (a)(2)(x) is added to read as follows:


Sec. 622.4  Permits and fees.

    (a) * * *
    (2) * * *
    (x) 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 a vessel in the 
South Atlantic or off-loaded from a vessel in a port adjoining the 
South Atlantic was harvested from the South Atlantic EEZ. See 
Sec. 622.17 for limitations on the use, transfer, and renewal of a 
commercial vessel permit for golden crab.
* * * * *


Sec. 622.5  [Amended]

    5. In Sec. 622.5, in paragraph (a)(1)(v), the reference to 
``Sec. 622.17(a)'' is removed and ``Sec. 622.4(a)(2)(x)'' is added in 
its place.


Sec. 622.6  [Amended]

    6. In Sec. 622.6, in paragraph (a)(1)(i) introductory text, the 
phrase ``or Sec. 622.17'' is removed.


Sec. 622.7  [Amended]

    7. In Sec. 622.7, in paragraph (a), the phrase ``or Sec. 622.17'' 
is removed, in paragraph (b), the phrase ``or in Sec. 622.17,'' is 
removed, in paragraph (c), the phrase ``or Sec. 622.17(g)'' is removed, 
and in paragraph (z), the reference to ``Sec. 622.17(h)'' is removed 
and ``Sec. 622.17(b)'' is added in its place.


Sec. 622.8  [Amended]

    8. In Sec. 622.8, in paragraph (a), the reference to 
``Sec. 622.17(a)'' is removed and ``Sec. 622.4(a)(2)(x)'' is added in 
its place.
    9. Section 622.17 is revised to read as follows:


Sec. 622.17  South Atlantic golden crab controlled access.

    (a) General. In accordance with the procedures specified in the 
Fishery Management Plan for the Golden Crab Fishery of the South 
Atlantic Region, initial vessel permits have been issued for the 
fishery. No additional permits may be issued.
    (b) Fishing zones. (1) The South Atlantic EEZ is divided into three 
fishing zones for golden crab. 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 deg. N. lat.
    (ii) Middle zone--the South Atlantic EEZ from 25 deg. N. lat. to 
28 deg. N. lat.
    (iii) Southern zone--the South Atlantic EEZ south of 25 deg. N. 
lat.
    (2) An owner of a permitted vessel may request that NMFS change the 
zone specified on a permit from the middle or southern zone to the 
northern zone. A request for such change and the existing permit must 
be submitted from an owner of a permitted vessel to the RD.
    (c) Transfer. (1) An owner of a vessel with a valid golden crab 
permit may request that NMFS transfer the permit to another vessel by 
returning the existing permit(s) to the RD 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.
    (3) In addition to the provisions of paragraph (c)(2) of this 
section, the owner of a permitted vessel who has requested that NMFS 
transfer that permit to a smaller vessel (i.e., downsized) may 
subsequently request NMFS transfer that permit to a vessel of a length 
calculated from the length of the permitted vessel immediately prior to 
downsizing.
    (d) Renewal. 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.


Sec. 622.31  [Amended]

    10. In Sec. 622.31, in paragraph (a) the phrase ``or 622.17'' is 
removed.


Sec. 622.35  [Amended]

    11. In Sec. 622.35, in paragraph (f), the reference to 
``Sec. 622.17(h)'' is removed and ``Sec. 622.17(b)'' is added in its 
place.
    12. In Sec. 622.40, in paragraph (c)(3)(ii), the reference to 
``Sec. 622.17(h)'' is removed and ``Sec. 622.17(b)'' is added in its 
place, and paragraph (d)(2)(ii) is revised to read as follows:


Sec. 622.40  Limitations on traps and pots.

* * * * *
    (d) * * *
    (2) * * *
    (ii) Rope is the only material allowed to be used for a buoy line 
or mainline attached to a golden crab trap, except that wire cable is 
allowed for a mainline through December 31, 2000.


Sec. 622.45  [Amended]

    13. In Sec. 622.45, in paragraph (f)(2), the reference to 
``Sec. 622.17(a)'' is removed and ``Sec. 622.4(a)(2)(x)'' is added in 
its place.
[FR Doc. 98-28862 Filed 10-27-98; 8:45 am]
BILLING CODE 3510-22-F