[Federal Register Volume 65, Number 128 (Monday, July 3, 2000)]
[Proposed Rules]
[Pages 41041-41044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16773]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 000616183-0183-01; I.D. 053000E]
RIN 0648-AN35


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic; Special Management Zones

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: In accordance with the framework procedure of the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP), NMFS proposes to establish 12 new special management 
zones (SMZs) at the sites of artificial reefs (ARs) in the exclusive 
economic zone (EEZ) off Georgia; to revise the boundaries of the 7 
existing SMZs that are in the EEZ off Georgia; to restrict fishing in 
the new and revised SMZs to rod and reel and spearfishing gear, 
including powerheads; and within these SMZs, to limit the harvest and 
possession of South Atlantic snapper-grouper taken by powerheads to the 
applicable bag limits. NMFS also proposes establishing a 30-day 
deadline for resolving deficiencies related to an application and a 60-
day deadline for correcting deficiencies regarding automatic renewals 
of permits. The intended effects are to promote orderly use of the 
fishery resources on and around the ARs and SMZs, to reduce

[[Page 41042]]

potential user-group conflicts, and to maintain the socioeconomic 
benefits of the ARs and SMZs to the maximum extent practicable.

DATES: Written comments must be received no later than 4:30 p.m. 
eastern standard time, on August 2, 2000.

ADDRESSES: Comments on the proposed rule may be sent to the Southeast 
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, 
FL 33702. Comments may also be sent via fax to 727-570-5583. Comments 
will not be accepted if submitted via e-mail or Internet.
    Comments regarding the collection-of-information requirements 
contained in this rule should be sent to Roy Crabtree, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702, and to the Office 
of Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Washington, DC 20503 (Attention: NOAA Desk Officer).
    Requests for copies of the framework regulatory amendment, which 
includes an environmental assessment, a regulatory impact review, a 
social impact assessment/fishery impact statement, and a Monitoring 
Team Report should be sent to the South Atlantic Fishery Management 
Council, Southpark Building, One Southpark Circle, Suite 306, 
Charleston, SC 29407-4699; Phone: 803-571-4366; Fax: 803-769-4520.

FOR FURTHER INFORMATION CONTACT: Dr. Peter J. Eldridge, Phone: 727-570-
5305, Fax: 727-570-5583, E-mail [email protected].

SUPPLEMENTARY INFORMATION: The fisheries for snapper-grouper species in 
the EEZ off the southern Atlantic states are regulated 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.

New and Revised SMZs

    In accordance with the FMP framework procedures, the Council 
recommended that the Regional Administrator, Southeast Region, NMFS 
(RA), establish 12 new SMZs and modify the boundaries of the 7 existing 
SMZs in the EEZ off Georgia. The Council's recommendation is based on a 
request from the Georgia Department of Natural Resources (GADNR). 
Fishing in the new and revised SMZs would be restricted to specified 
gear.
    The new SMZs in the EEZ off Georgia would be, and the existing SMZs 
whose boundaries would be modified are, at the sites of ARs constructed 
by the GADNR. The ARs were constructed for the purpose of enhancing 
fishing opportunities for offshore sport fishermen. The ARs in the EEZ 
off Georgia are on an expansive shelf area that has large areas devoid 
of any live/hard bottom. Prior to establishment of the ARs, these areas 
did not support any significant fisheries.
    Thus, these ARs create fishing opportunities in the areas where 
they are placed that would not exist otherwise and may increase the 
biological production of fish in the long term. They are expensive to 
construct. The enhanced fishing benefits created by ARs can be 
dissipated rapidly by use of highly efficient commercial fishing gear 
with the capacity to harvest large amounts of fish in a short period of 
time, thereby reducing catch-per-unit-effort for other users. The use 
of such gear can disrupt, and potentially eliminate, the intended, 
long-term fishing benefits and can jeopardize the incentive for 
development of ARs. In addition, use of commercial fishing gear such as 
bottom longlines, gillnets, or trawls, is not suitable for use on ARs 
because such gear tends to foul on the AR structure and with other 
gear. Restrictions on the use of such gear are necessary to preserve 
the intended benefits of ARs.
    The Council proposes to modify the boundaries of 7 existing SMZs in 
the EEZ off Georgia to conform to the boundaries specified in GADNR's 
permits from the Corps of Engineers (COE) for placement of these ARs. 
Since NOAA nautical charts identify SMZs using the COE permit 
coordinates, compliance and enforcement of the SMZs would be 
facilitated by these minor modifications. Each of the revised SMZs 
would be enlarged by a small amount, but, in no case would the 
enlargement exceed 1.5 square nautical miles. The enlarged SMZs were 
requested by GADNR and approved by the COE to disperse fishing pressure 
further and to create habitat with adequate forage zones. As with the 
current sites, the expanded boundaries would encompass only flat, sand-
shell expanses where little or no fishing occurs.

Authorized Fishing Gear

    Fishing in the SMZs in the EEZ off Georgia would be restricted to 
rod and reel, including manual, electric, and hydraulic reels, and 
spearfishing gear, including powerheads. Further, within these SMZs, 
the harvest and possession of South Atlantic snapper-grouper taken by 
powerheads would be limited to the applicable bag limits. Thus, the 
maximum amount of snapper-grouper that a person aboard a commercial 
vessel could take by powerhead from an SMZ would be the recreational 
bag limit. Currently, in the existing SMZs in the EEZ off Georgia, 
there is no limitation on the use of powerheads to harvest snapper-
grouper commercially. The use of powerheads, a highly efficient gear, 
can quickly overharvest already limited snapper-grouper species, 
particularly amberjack. Limitations on commercial gear, including 
powerheads, would better maintain the availability of artificial reef 
resources and more equitably distribute them among greater numbers of 
users over a longer period of time.

Monitoring Team Report

    In accordance with the FMP, the monitoring team appointed by the 
Council evaluated GADNR's request in consideration of the following 
criteria: (1) Fairness and equity; (2) promotion of conservation; (3) 
prevention of excessive shares; (4) consistency with the objectives of 
the FMP, the Magnuson-Stevens Act, and other applicable law; (5) 
suitability of the natural bottom in and surrounding the areas and 
impacts on historical uses; and (6) cumulative impacts. A copy of the 
monitoring team's report is available (see ADDRESSES).
    After consideration of all relevant information, including the 
Monitoring Team Report, other supporting data, and comments received 
during public hearings, committee meetings, and Council meetings, the 
Council voted to recommend to the RA that GADNR's request be approved. 
Accordingly, the proposed new and revised SMZs and the management 
measures applicable to them are published for public comment.

Additional Changes to Part 622 Proposed by NMFS

    In Sec. 622.4, NMFS proposes revising paragraph (h) relating to 
renewals of permits, licenses, or endorsements. Paragraph (h) provides 
applicants the opportunity to correct deficiencies that would otherwise 
preclude renewals. However, there is no deadline specified for 
resolving the deficiencies. Therefore, a pending renewal could be left 
unresolved for extended periods. This could circumvent the intent of 
renewing a permit, license, or endorsement in a timely manner. NMFS 
proposes establishing a 30-day deadline for resolving deficiencies 
related to an application and a 60-day deadline for correcting 
deficiencies regarding automatic renewals (that may involve more time-
consuming issues related to reporting requirements). NMFS also

[[Page 41043]]

proposes to reorganize paragraph (h) for clarity.
    NMFS also corrects the telephone number in Secs. 622.17(b)(1) 
introductory text and 622.41(a)(4) introductory text to reflect a 
change in area code.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    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 proposed rule makes minor revisions to an existing collection-
of-information requirement subject to review and approval by OMB under 
Control Number 0648-0205. Public reporting burden for submitting permit 
applications is estimated to average 20 minutes per response, including 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding this burden 
estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS and OMB (see ADDRESSES).
    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 this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities as follows:
    This proposed action will establish 12 new SMZs at the sites of ARs 
in the EEZ off Georgia, revise the boundaries of the 7 existing SMZs 
that are in the EEZ off Georgia, and restrict fishing in the new and 
revised SMZs to rod and reel and spearfishing gear, including 
powerheads. The 17 AR sites cover a total area of about 80 square 
nautical miles. These sites were originally established as recreational 
fishing areas, and the purpose of the proposed rule is to maintain 
these areas mainly as recreational fishing areas by specifying the 
allowable fishing methods that can be used by fishermen when fishing 
within the boundaries of the artificial reef sites. The allowable gears 
are hand-held hook and line and spearfishing gears, including 
powerheads. The catch by the users of powerheads will be restricted to 
the recreational bag limit for all species having a bag limit. By 
implication, certain commercial gears, including longlines, bandit rigs 
and the use of powerheads to take commercial quantities of fish are 
prohibited.
    According to information supplied by GADNR to NMFS, there is almost 
no commercial fishing activity on these artificial reefs at the present 
time. Therefore, the actual effect of the proposed rule would be to 
maintain the status quo in terms of the current users of these sites 
(recreational fishermen for the most part). In terms of the use of 
commercial fishing gear that would be prohibited, the information 
supplied by GADNR indicates that there is no commercial fishing 
activity by fishermen using bandit rigs or longlines at these sites. 
GADNR's information further indicates that one or two commercial 
fishermen fish on one or two of the artificial reef sites using 
powerheads. These fishermen use the areas during the period May to 
October and target greater amberjack. A total of 349 documented vessels 
and an unknown number of small fishing craft commercially fish in 
Georgia waters and most of these commercial fishing activities 
represent individual small business entities. Since only one or two of 
over 349 small entities are expected to be impacted by the proposed 
rule, a substantial number of small entities are not expected to be 
impacted. There are no large business entities engaged in commercial 
fishing in Georgia, so there cannot be any disproportional impacts 
between large entities and the one or two small entities expected to be 
impacted. Based on the available information, NMFS has concluded that 
the small amount of current commercial fishing activity reported by 
GADNR does not constitute a case where this proposed rule, if 
implemented, would have a significant negative impact on a substantial 
number of small entities.
    As a result, a regulatory flexibility analysis was not prepared.
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with this directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this rule. 
Comments should be sent to the Southeast Regional Office, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702.

List of Subjects in 50 CFR Part 622

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

    Dated: June 27, 2000.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be 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, paragraph (h) is revised to read as follows:


Sec. 622.4  Permits and fees.

* * * * *
    (h) Renewal. Although a permit, license, or endorsement required by 
this section is issued on an annual basis, an application for its 
renewal is required only every 2 years. In the interim years, renewal 
is automatic (without application) for a vessel owner or dealer who has 
met the specific requirements for the requested permit, license, or 
endorsement, who has submitted all reports required under the Magnuson 
Act, and who is not subject to a sanction or denial under paragraph (j) 
of this section. An owner or dealer whose permit, license, or 
endorsement is expiring will be mailed a notification by the RA 
approximately 2 months prior to its expiration. That notification will 
advise the status of the renewal. That is, the notification will advise 
that the renewal will be issued without further action by the owner or 
dealer (automatic renewal), that the permit, license, or endorsement is 
ineligible for automatic renewal, or that a new application is 
required.
    (1) If eligible for automatic renewal. If the RA's notification 
indicates that the owner's or dealer's permit, license, or endorsement 
is eligible for automatic renewal, the RA will mail the automatically 
renewed permit, license, or endorsement approximately 1 month prior to 
expiration of the old permit, license, or endorsement.
    (2) If ineligible for automatic renewal. If the RA's notification 
indicates that the owner's or dealer's permit, license, or endorsement 
is ineligible for automatic renewal, the notification will specify the 
reasons and will provide an opportunity for correction of any 
deficiencies. If the owner or dealer does not correct such deficiencies 
within 60 days after the date of the RA's notification, the renewal 
will be considered abandoned. A permit, license, or endorsement that is 
not renewed within the applicable deadline will not be reissued.

[[Page 41044]]

    (3) If new application is required. If the RA's notification 
indicates that a new application is required, the notification will 
include a preprinted renewal application. If the RA receives an 
incomplete application, the RA will notify the applicant of the 
deficiency. If the applicant fails to correct the deficiency within 30 
days of the date of the RA's letter of notification, the application 
will be considered abandoned. A permit, license, or endorsement that is 
not renewed within the applicable deadline will not be reissued.
    (4) If notification is not received. A vessel owner or dealer who 
does not receive a notification from the RA regarding status of renewal 
of a permit, license, or endorsement by 45 days prior to expiration of 
the current permit must contact the RA.
* * * * *
    3. In Sec. 622.35, paragraphs (e)(1)(xii) through (e)(1)(xviii) are 
revised and paragraphs (e)(1)(xl) through (e)(1)(li) and (e)(2)(v) are 
added to read as follows:


Sec. 622.35  South Atlantic EEZ seasonal and/or area closures.

* * * * *
    (e) * * *
    (1) * * *
    (xii) Artificial Reef--A is bounded on the north by 30 deg.57.4' N. 
lat.; on the south by 30 deg.55.4' N. lat.; on the east by 81 deg.13.9' 
W. long.; and on the west by 81 deg.16.3' W. long.
    (xiii) Artificial Reef--C is bounded on the north by 30 deg.52.0' 
N. lat.; on the south by 30 deg.50.0' N. lat.; on the east by 
81 deg.08.5' W. long.; and on the west by 81 deg.10.9' W. long.
    (xiv) Artificial Reef--G is bounded on the north by 30 deg.00.0' N. 
lat.; on the south by 30 deg.58.0' N. lat.; on the east by 80 deg.56.8' 
W. long.; and on the west by 80 deg.59.2' W. long.
    (xv) Artificial Reef--F is bounded on the north by 31 deg.06.8' N. 
lat.; on the south by 31 deg.04.8' N. lat.; on the east by 81 deg.10.5' 
W. long.; and on the west by 81 deg.13.4' W. long.
    (xvi) Artificial Reef--J is bounded on the north by 31 deg.36.7' N. 
lat.; on the south by 31 deg.34.7' N. lat.; on the east by 80 deg.47.3' 
W. long.; and on the west by 80 deg.50.1' W. long.
    (xvii) Artificial Reef--L is bounded on the north by 31 deg.46.0' 
N. lat.; on the south by 31 deg.44.0' N. lat.; on the east by 
80 deg.34.7' W. long.; and on the west by 80 deg.37.1' W. long.
    (xviii) Artificial Reef--KC is bounded on the north by 31 deg.51.2' 
N. lat.; on the south by 31 deg.49.2' N. lat.; on the east by 
80 deg.45.3' W. long.; and on the west by 80 deg.47.7' W. long.
* * * * *
    (xl) Artificial Reef--ALT is bounded on the north by 31 deg.18.6' 
N. lat.; on the south by 31 deg.16.6' N. lat.; on the east by 
81 deg.07.0' W. long.; and on the west by 81 deg.09.4' W. long.
    (xli) Artificial Reef--CAT is bounded on the north by 31 deg.40.2' 
N. lat.; on the south by 31 deg.38.2' N. lat.; on the east by 
80 deg.56.2' W. long.; and on the west by 80 deg.58.6' W. long.
    (xlii) Artificial Reef--CCA is bounded on the north by 31 deg.43.7' 
N. lat.; on the south by 31 deg.41.7' N. lat.; on the east by 
80 deg.40.0' W. long.; and on the west by 80 deg.42.3' W. long.
    (xliii) Artificial Reef--DRH is bounded on the north by 
31 deg.18.0' N. lat.; on the south by 31 deg.16.0' N. lat.; on the east 
by 80 deg.56.6' W. long.; and on the west by 80 deg.59.0' W. long.
    (xliv) Artificial Reef--DUA is bounded on the north by 31 deg.47.8' 
N. lat.; on the south by 31 deg.45.8' N. lat.; on the east by 
80 deg.52.1' W. long.; and on the west by 80 deg.54.5' W. long.
    (xlv) Artificial Reef--DW is bounded on the north by 31 deg.22.8' 
N. lat.; on the south by 31 deg.20.3' N. lat.; on the east by 
79 deg.49.8' W. long.; and on the west by 79 deg.51.1' W. long.
    (xlvi) Artificial Reef--KBY is bounded on the north by 30 deg.48.6' 
N. lat.; on the south by 30 deg.46.6' N. lat.; on the east by 
81 deg.15.0' W. long.; and on the west by 81 deg.17.4' W. long.
    (xlvii) Artificial Reef--KTK is bounded on the north by 
31 deg.31.3' N. lat.; on the south by 31 deg.29.3' N. lat.; on the east 
by 80 deg.59.1' W. long.; and on the west by 81 deg.01.5' W. long.
    (xlviii) Artificial Reef--MRY is bounded on the north by 
30 deg.47.5' N. lat.; on the south by 30 deg.45.5' N. lat.; on the east 
by 81 deg.05.5' W. long.; and on the west by 81 deg.07.8' W. long.
    (xlix) Artificial Reef--SAV is bounded on the north by 31 deg.55.4' 
N. lat.; on the south by 31 deg.53.4' N. lat.; on the east by 
80 deg.45.2' W. long.; and on the west by 80 deg.47.6' W. long.
    (l) Artificial Reef--SFC is bounded on the north by 31 deg.00.8' N. 
lat.; on the south by 30 deg.59.8' N. lat.; on the east by 81 deg.02.2' 
W. long.; and on the west by 81 deg.03.4' W. long.
    (li) Artificial Reef--WW is bounded on the north by 31 deg.43.5' N. 
lat.; on the south by 31 deg.42.2' N. lat.; on the east by 79 deg.57.7' 
W. long.; and on the west by 79 deg.59.3' W. long.
* * * * *
    (2) * * *
    (v) In the SMZs specified in paragraphs (e)(1)(xii) through 
(e)(1)(xviii) and (e)(1)(xl) through (e)(1)(li) of this section, the 
possession of South Atlantic snapper-grouper taken with a powerhead is 
limited to the bag limits specified in Sec. 622.39(d)(1).
* * * * *
    4. In Sec. 622.39, paragraph (a)(4) is added to read as follows:


Sec. 622.39  Bag and possession limits.

    (a) * * *
    (4) Paragraph (a)(1) of this section notwithstanding, a person 
aboard a vessel for which a commercial permit for South Atlantic 
snapper-grouper has been issued must comply with the bag limits 
specified in paragraph (d)(1) of this section for South Atlantic 
snapper-grouper taken with a powerhead, regardless of where taken, when 
such snapper-grouper are possessed in an SMZ specified in 
Sec. 622.35(e)(1)(xii) through (e)(1)(xviii) or (e)(1)(xl) through 
(e)(1)(li).
* * * * *


Secs. 622.17  and 622.41 [Amended]

    5. In addition to the amendments set forth above, in 50 CFR part 
622, remove the telephone number, ``813-570-5344'', and add in its 
place ``727-570-5344'' in the following places:
    (a) Section 622.17(b)(1) introductory text; and
    (b) Section 622.41(a)(4) introductory text.

[FR Doc. 00-16773 Filed 6-30-00; 8:45 am]
BILLING CODE 3510-22-F