[Federal Register Volume 65, Number 170 (Thursday, August 31, 2000)]
[Rules and Regulations]
[Pages 52955-52957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22237]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 000511131-0234-02; I.D. 021500A]
RIN 0648-AM75


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Amendment 12

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 12 to the 
Fishery Management Plan for the Coastal Migratory Pelagic Resources of 
the Gulf of Mexico and South Atlantic (Amendment 12). This rule extends 
the current moratorium on the issuance of commercial vessel permits for 
king mackerel through October 15, 2005. The intended effects of this 
final rule are to prevent speculative entry into the fishery and 
provide stability in the fishery.

DATES: This final rule is effective October 2, 2000.

ADDRESSES: Comments regarding the collection-of-information 
requirements contained in this final rule should be sent to Dr. Roy 
Crabtree, Southeast Regional Office, 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). Comments on any ambiguity or 
unnecessary complexity arising from the language used in this rule 
should be directed to the Southeast Regional Office, NMFS, at the above 
address.

FOR FURTHER INFORMATION CONTACT: Dr. Steve Branstetter, telephone: 727-
570-5305, fax: 727-570-5583, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The fisheries for coastal migratory pelagic 
resources are managed under the Fishery Management Plan for the Coastal 
Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic 
(FMP). The FMP was prepared jointly by the Gulf of Mexico Fishery 
Management Council and the South Atlantic Fishery Management Council 
(Councils), approved by NMFS, and implemented under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
    On March 1, 2000, NMFS announced the availability of proposed 
Amendment 12 to the FMP and requested comments on it (65 FR 11028). 
NMFS approved Amendment 12 on May 31, 2000, and on June 1, 2000, 
published a proposed rule to implement the extended commercial vessel 
permit moratorium in Amendment 12 (65 FR 35040). The background and 
rationale for the extended permit moratorium in the amendment and 
proposed rule are contained in the preamble to the proposed rule and 
are not repeated here.

Comments and Responses

    NMFS received comments from five individuals regarding Amendment 12 
or the proposed rule. A summary of those comments and NMFS responses 
follows.
    Comment 1: All five individuals supported the extension of the 
permit moratorium because it would maintain stability in the fishery, 
prevent increasing effort, and aid in maintaining healthy fish stocks 
and fisheries.
    Response: NMFS agrees that the action is appropriate. NMFS has 
approved Amendment 12 and is issuing this implementing final rule.
    Comment 2: Two commenters offered suggestions for additional 
management measures for king mackerel, including slot limits, 
elimination of gears, and separate quotas for the charter industry. The 
commenters also suggested additional research to address the status of 
the king mackerel stocks in the Gulf of Mexico and the South Atlantic.
    Response: NMFS agrees that there are numerous additional management 
options available to the Councils to effectively manage the coastal 
migratory pelagic resources of the southeastern United States. However, 
under the Magnuson-Stevens Act, NMFS cannot substitute measures for, or 
add measures to, the specific measures proposed by the Councils; NMFS 
can only approve, disapprove, or partially approve the

[[Page 52956]]

proposed measures and implement the approved measures by final rule. 
NMFS encourages the public to be actively involved in the Council 
process and provide suggestions to the Councils for their 
deliberations.

Classification

    The Administrator, Southeast Region, NMFS, determined that 
Amendment 12 is necessary for the conservation and management of the 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and the South 
Atlantic and that it is consistent with the Magnuson-Stevens Act and 
other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
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.
    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 includes collection-of-information requirements that are 
subject to the PRA. The first collection-of-information pertains to 
applications for commercial vessel permits. That collection is 
currently approved under OMB control number 0648-0205 and its public 
reporting burden is estimated at 20 minutes per response. The second 
collection-of-information pertains to fishing records of vessels 
permitted in the commercial king or Spanish mackerel fisheries. That 
collection is currently approved under OMB control number 0648-0016 and 
its public reporting burden is estimated at 15 minutes per response. 
These burden estimates include 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 these burden estimates, or any other aspect of 
this data collection, including suggestions for reducing the burden, to 
NMFS and OMB (see ADDRESSES).
    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 final 
rule. Such comments should be directed to NMFS Southeast Regional 
Office (see ADDRESSES).

List of Subjects in 50 CFR Part 622

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

    Dated: August 23, 2000.
William T. Hogarth,
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, the last two sentences of paragraph (a)(2)(iii), 
the last sentence of paragraph (a)(2)(iv), and paragraph (q) are 
revised to read as follows:


Sec. 622.4  Permits and fees.

    (a) * * *
    (2) * * *
    (iii) * * * To obtain or renew a commercial vessel permit for king 
mackerel, at least 25 percent of the applicant's earned income, or at 
least $10,000, must have been derived from commercial fishing (i.e., 
harvest and first sale of fish) or from charter fishing during one of 
the 3 calendar years preceding the application. See paragraph (q) of 
this section regarding a moratorium on commercial vessel permits for 
king mackerel, transfers of permits during the moratorium, and limited 
exceptions to the earned income or gross sales requirement for a 
permit.
    (iv) * * * To obtain or renew a commercial vessel permit for 
Spanish mackerel, at least 25 percent of the applicant's earned income, 
or at least $10,000, must have been derived from commercial fishing 
(i.e., harvest and first sale of fish) or from charter fishing during 
one of the 3 calendar years preceding the application.
* * * * *
    (q) Moratorium on commercial vessel permits for king mackerel. This 
paragraph (q) is effective through October 15, 2005.
    (1) No applications for additional commercial vessel permits for 
king mackerel will be accepted. Existing vessel permits may be renewed, 
are subject to the restrictions on transfer or change in paragraphs 
(q)(2) through (q)(5) of this section, and are subject to the 
requirement for timely renewal in paragraph (q)(6) of this section.
    (2) An owner of a permitted vessel may transfer the commercial 
vessel permit for king mackerel issued under this moratorium to another 
vessel owned by the same entity.
    (3) An owner whose percentage of earned income or gross sales 
qualified him/her for the commercial vessel permit for king mackerel 
issued under the moratorium may request that NMFS transfer that permit 
to the owner of another vessel, or to the new owner when he or she 
transfers ownership of the permitted vessel. Such owner of another 
vessel, or new owner, may receive a commercial vessel permit for king 
mackerel for his or her vessel, and renew it through April 15 following 
the first full calendar year after obtaining it, without meeting the 
percentage of earned income or gross sales requirement of paragraph 
(a)(2)(iii) of this section. However, to further renew the commercial 
vessel permit, the owner of the other vessel, or new owner, must meet 
the earned income or gross sales requirement not later than the first 
full calendar year after the permit transfer takes place.
    (4) An owner of a permitted vessel, the permit for which is based 
on an operator's earned income and, thus, is valid only when that 
person is the operator of the vessel, may request that NMFS transfer 
the permit to the income-qualifying operator when such operator becomes 
an owner of a vessel.
    (5) An owner of a permitted vessel, the permit for which is based 
on an operator's earned income and, thus, is valid only when that 
person is the operator of the vessel, may have the operator 
qualification on the permit removed, and renew it without such 
qualification through April 15 following the first full calendar year 
after removing it, without meeting the earned income or gross sales 
requirement of paragraph (a)(2)(iii) of this section. However, to 
further renew the commercial vessel permit, the owner must meet the 
earned income or gross sales requirement not later than the first full 
calendar year after the operator qualification is removed. To have an 
operator qualification removed from a permit, the owner must return the 
original permit to the RA with an application for the changed permit.
    (6) NMFS will not reissue a commercial vessel permit for king 
mackerel if the permit is revoked or if the RA does not receive an 
application for renewal within 1 year of the permit's expiration date.

[[Page 52957]]

Secs. 622.2, 622.6, 622.41, and 622.44   [Amended]

    3. In addition to the amendments set forth above, in 50 CFR part 
622, remove the word ``Dade'' and add, in its place, the words ``Miami-
Dade'' in the following places:
    (a) Section 622.2, in paragraph (2) of the definition of 
``Migratory group'';
    (b) Section 622.6(b)(2);
    (c) Section 622.41(c)(3)(ii)(B); and
    (d) Section 622.44(a)(1)(iii).
[FR Doc. 00-22237 Filed 8-30-00; 8:45 am]
Billing Code: 3510-22-S