[Federal Register Volume 65, Number 200 (Monday, October 16, 2000)]
[Rules and Regulations]
[Pages 61114-61116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26359]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 000616183-0278-02; 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: Final rule.

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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 issues this final rule 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 gear in the new and revised SMZs to handline, 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. This rule also 
establishes a 30-day deadline for resolving deficiencies related to a 
permit application and a 60-day deadline for correcting deficiencies 
regarding automatic renewals of permits. The intended effects of this 
rule are to promote orderly use of the fishery resources on and around 
the ARs and SMZs, to maintain the socioeconomic benefits of the ARs and 
SMZs to the maximum extent practicable, and to improve the procedure 
for issuance of permits.

DATES: This final rule is effective November 15, 2000.

ADDRESSES: Comments regarding the collection-of-information 
requirements contained in this rule should be sent to 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 Rod Dalton, 
Southeast Regional Office, NMFS, at the above address.

FOR FURTHER INFORMATION CONTACT: Dr. Peter J. Eldridge, telephone: 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 pursuant to the 
FMP. The South Atlantic Fishery Management Council (Council) prepared, 
and NMFS approved, the FMP under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act). 
Regulations implementing the FMP appear at 50 CFR part 622.
    In accordance with the framework procedure of the FMP, the Council 
recommended, and NMFS published, a proposed rule (65 FR 41041, July 3, 
2000) to establish 12 new SMZs at the sites of ARs in the EEZ off 
Georgia; to revise the boundaries of the 7 existing SMZs that are in 
the EEZ off Georgia; to restrict fishing gear in the new and revised 
SMZs to handline, 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. The proposed rule described the need and rationale for 
these measures.

Comments and Responses

    NMFS received two public comments on the proposed rule.
    Comment 1: One commenter supported all of the proposed measures.
    Response: NMFS agrees.
    Comment 2: One commenter supported the proposed measures but wanted 
to exclude the use of powerheads on SMZs. He wanted divers to have 
powerheads for protection while on SMZs, but he did not want them to be 
able to fish with powerheads because he believed that they would take 
too many fish.
    Response: Pursuant to the Magnuson-Stevens Act, NMFS can only 
approve, partially approve, or disapprove a management measure proposed 
by a Fishery Management Council; NMFS cannot substitute different 
management measures. In this case, the Council recommended, and NMFS 
approved, imposing the bag limit on the use of powerhead gear in the 
SMZs to ensure that divers with powerhead gear would not obtain a 
disproportionate share of the catch.

Changes From the Proposed Rule

    In Sec.  622.35(e)(1)(xiv), the northern boundary coordinate for 
Artificial Reef--G has been corrected to read 31 deg.00.0' N. lat..
    In the proposed rule (65 FR 41041, July 3, 2000), the preamble 
stated that fishing in the 12 new SMZs and the 7 revised SMZs off 
Georgia would be restricted to rod and reel and spearfishing gear, 
including powerheads. The codified text of the proposed rule did not 
establish this gear restriction for the 12 new SMZs. Further, the 
Council did not intend to exclude the use of handline gear in the 12 
new SMZs or in the 7 revised SMZs. Therefore, this final rule revises 
Sec.  622.35(e)(2) to restrict allowable fishing gear in the 12 new 
SMZs and in the 7 revised SMZs to handline, rod and reel, and 
spearfishing gear, including powerheads. In addition, to make the 
varying fishing restrictions within different SMZs more understandable 
to the reader, Sec.  622.35(e)(2) has been revised to present the 
applicable information in a table.

Classification

    This final rule has been determined to be not significant for 
purposes of Executive Order 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 final rule makes minor revisions to an existing collection-of-
information requirement subject to review and approval by OMB under 
Control Number 0648-0205. This requirement has been approved by OMB 
under Control Number 0648-0205. Public reporting burden for submitting 
permit applications is estimated to average 20

[[Page 61115]]

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 Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration when this rule was proposed that it 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.
    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. 
Such comments should be sent to the Southeast Regional Office (see 
ADDRESSES).

 List of Subjects in 50 CFR Part 622

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

    Dated: October 5, 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, 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-
Stevens 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.
    (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, paragraphs (e)(1)(xl) through (e)(1)(li) are added, and 
paragraph(e)(2) is revised 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 31 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

[[Page 61116]]

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) To determine what restrictions apply in the SMZs listed in 
Sec.  622.35(e)(1), follow this table:

------------------------------------------------------------------------
   IN SMZs SPECIFIED IN THE FOLLOWING
       PARAGRAPHS OF Sec.  622.35            THESE RESTRICTIONS APPLY
------------------------------------------------------------------------
(e)(1)(i) through (x), (e)(1)(xx), and   Use of a powerhead to take
 (e)(1)(xxii) through (xxxix)             South Atlantic snapper-grouper
                                          is prohibited. Possession of a
                                          powerhead and a mutilated
                                          South Atlantic snapper-grouper
                                          in, or after having fished in,
                                          one of these SMZs constitutes
                                          prima facie evidence that such
                                          fish was taken with a
                                          powerhead in the SMZ.
(e)(1)(i) through (xviii) and            Fishing may only be conducted
 (e)(1)(xxii) through (li)                with handline, rod and reel,
                                          and spearfishing gear.
(e)(1)(i) through (li)                   Use of a sea bass pot or bottom
                                          longline is prohibited.
(e)(1)(xii) through (xviii) and          Possession of South Atlantic
 (e)(1)(xl) through (li)                  snapper-grouper taken with a
                                          powerhead is limited to the
                                          bag limits specified in Sec.
                                          622.39(d)(1).
(e)(1)(xix) and (e)(1)(xx)               A hydraulic or electric reel
                                          that is permanently affixed to
                                          the vessel is prohibited when
                                          fishing for South Atlantic
                                          snapper-grouper.
(e)(1)(xix) and (e)(1)(xxi)              Use of spearfishing gear is
                                          prohibited.
------------------------------------------------------------------------

* * * * *

    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. 00-26359 Filed 10-13-00; 8:45 am]
BILLING CODE: 3510-22-S