[Federal Register Volume 66, Number 228 (Tuesday, November 27, 2001)]
[Proposed Rules]
[Pages 59221-59225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29494]



[[Page 59221]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 011015252-1252-01; I.D. 053001E]
RIN 0648-AO23


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Golden Crab Fishery off the Southern Atlantic States; Amendment 3

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement Amendment 3 to the 
Fishery Management Plan for the Golden Crab Fishery of the South 
Atlantic Region (FMP). This rule would extend through December 31, 
2002, the allowed use of cable for a mainline attached to golden crab 
traps; clarify the size of the required escape panel or door on a 
golden crab trap; remove the historical catch requirement for renewing 
a commercial vessel permit for golden crab; allow the issuance of a 
commercial vessel permit for golden crab for the southern zone for a 
vessel that held a valid permit for the southern zone in October 2000 
but did not meet the 5,000-lb (2,268-kg) requirement for renewal in the 
following year; allow a vessel with a documented length overall greater 
than 65 ft (19.8 m) that is permitted to fish in the southern zone to 
fish also in the northern zone; allow two new commercial vessel permits 
to be issued for the northern zone; provide that a commercial vessel 
permit will not be renewed if the Regional Administrator (RA) does not 
receive an application for renewal by June 30 each year; liberalize the 
allowed increase in the size of a permitted vessel; create a small-
vessel sub-zone in the southern zone in which only permitted vessels 65 
feet (19.8 m) or less in length may fish for golden crab but may not do 
so in the remainder of the southern zone; and add measures related to 
the proposed sub-zone to the list of management measures that may be 
modified via the FMP's framework procedure for regulatory adjustments. 
The intended effect is to protect the golden crab resource while 
allowing development of the fishery that is dependent on that resource.

DATES: Comments on this proposed rule must be received no later than 5 
p.m., eastern time, on January 11, 2002.

ADDRESSES: Written comments on this proposed rule must be mailed to the 
Regional Administrator, Southeast Region, NMFS, 9721 Executive Center 
Drive N., St. Petersburg, FL 33702. Comments also may be sent via fax 
to 727-570-5583. Comments will not be accepted if submitted via e-mail 
or the Internet.
    Copies of Amendment 3, including the environmental assessment, 
regulatory impact review, and social impact assessment/fishery impact 
statement may be obtained from Dr. Peter J. Eldridge, Southeast 
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, 
FL 33702, phone: 727-570-5305; fax: 727-570-5583; e-mail: 
[email protected].
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule may be submitted to Robert Sadler, 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).

FOR FURTHER INFORMATION CONTACT: Dr. Peter J. Eldridge, Southeast 
Regional Office, NMFS; phone: 727-570-5305; fax: 727-570-5583; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The golden crab fishery off the southern 
Atlantic states is managed under an FMP that was prepared by the South 
Atlantic Fishery Management Council (Council) and implemented under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.

Use of Wire Cable for Mainlines

    The use of cable for mainlines in the South Atlantic golden crab 
fishery was authorized for an initial trial period when the FMP was 
implemented in 1996. The trial period was later renewed for an 
additional period of 20 months. This trial period was instituted at the 
request of the industry based on possible advantages in handling cable 
versus rope. One of the original concerns regarding cable used for 
mainlines was the potential for gear conflicts when it is used in an 
area where rope mainlines are deployed. The extended trial period, 
which ended December 31, 2000, was intended to assess that concern. Use 
of cable has been infrequent; no vessels were using it when the trial 
period ended, but some vessel owners and/or operators expressed 
interest in exploring its use. Authorizing the use of cable for 
mainlines for an additional trial period through December 31, 2002, 
would facilitate further evaluation of its possible involvement in gear 
conflicts versus its potential economic benefits for fishermen.

Modification of Escape Panels or Doors

    All golden crab traps constructed of material other than webbing 
are currently required to have an escape panel or door measuring at 
least 12 by 12 inches (30.5 by 30.5 cm). The purpose of the escape 
panel or door is to allow golden crabs to escape from traps and reduce 
crab mortality from lost or ghost traps that continue to trap fish. 
Golden crab traps are constructed of 2-inch (5.1-cm) mesh. Cutting an 
opening 6 meshes by 6 meshes would appear to meet the minimum size 
requirement. However, because of the diameter of the wire mesh, an 
opening of 6 meshes by 6 meshes is slightly smaller than the size that 
is required, and an opening 7 meshes by 7 meshes weakens the trap. To 
accommodate these concerns, the size would be revised to require an 
escape panel or door of at least 11 7/8 by 11 7/8 inches (30.2 by 30.2 
cm). This reduced size would not materially lessen the ability of a 
golden crab to escape.

Removal of the Minimum Required Harvest Level for Permit Renewal

    Currently, for a golden crab vessel permit to be renewed, at least 
5,000 lb (2,268 kg) of golden crab from the South Atlantic exclusive 
economic zone (EEZ) must have been landed by the permitted vessel 
during at least one of the two 12-month periods immediately prior to 
the expiration date of the permit. This requirement was intended to 
reduce the number of permits, particularly in the southern zone. Due in 
part to this minimum required harvest level, the number of participants 
in the fishery in the southern zone has been significantly reduced. 
There are currently zero participants in the northern zone. The Council 
concluded that because of the low number of participants, the minimum 
required harvest level for permit renewal is no longer necessary. In 
fact, if participation in the fishery is reduced, it may result in a 
negative impact on the economic viability of the fishery. To support 
the market structure for golden crab that has been developed, a certain 
level of landings must be maintained.

[[Page 59222]]

Additional Permits for the Southern Zone

    As discussed above, participation in the fishery is currently at a 
low level. Some of the vessel owners who initially participated in the 
fishery in the southern zone have not met the minimum required harvest 
level for permit renewal in the last two years because of more 
lucrative alternative fisheries and/or gear conflicts within the golden 
crab fishery. To benefit the economic viability of the fishery, this 
rule proposes to issue, upon application, a commercial vessel permit 
for the southern zone for any vessel submitting an appropriate 
application if that vessel held a valid permit for the southern zone in 
October 2000 but did not meet the 5,000-lb (2,268-kg) requirement for 
renewal for the following permit year beginning November 1, 2000. In 
order to be considered, an application for a permit under this 
provision would have to be received by the RA no later than 60 days 
after the date of publication of the final rule containing this 
provision.

Additional Fishing in the Northern Zone

    Currently, there are no permits issued for vessels in the northern 
zone. Due to the lack of fisheries effort in the northern zone, 
information on the population of golden crab in this zone is limited. 
Additional information would contribute to determining more accurately 
the maximum sustainable yield (MSY) of golden crab.
    Accordingly, this rule would allow a vessel with a documented 
length overall greater than 65 ft (19.8 m) (large vessel) that is 
permitted for the southern zone to fish also in the northern zone. This 
opportunity for these large vessels to fish in the northern zone would 
expire 3 years after the final rule to implement this measure becomes 
effective. This opportunity to fish in the northern zone would require 
a change in a large vessel's permit from the southern zone to the 
northern zone only if the vessel owner desires to transfer the permit 
to a vessel whose documented length overall was greater than 20 percent 
more than the replaced vessel. See ``Less Restrictive Limit on Vessel 
Size Increases'' below for additional information on transfer of a 
permit to a vessel of greater length and limited provisions for a 
change of zone back to the southern zone. The currently available 
option for the owner of a vessel of any length to change zones to the 
northern zone would remain in effect, thus allowing a permanent change 
to the northern zone for a large vessel after the 3-year period 
expires.
    In addition, this rule would allow NMFS to issue up to two new 
permits for the northern zone. Offers for the two new permits would be 
made to the individuals on the list of historical participants in the 
South Atlantic golden crab fishery that was used at the October 1995 
meeting of the Council, less those on the list who originally received 
permits. Placement on the list was based on pounds of golden crab 
landed, without reference to a specific zone. Offers will be made in 
writing to individuals highest on the list until two accept and apply 
for permits. A maximum of 30 days would be allowed for acceptance of 
such an offer and, if accepted, an application would be required to be 
received by the RA within 30 days of acceptance. A vessel permit for 
the northern zone issued under this provision, and any successor 
permit, could not be changed to another zone. Any successor permit 
would include a permit issued to that vessel for a subsequent owner and 
a permit issued via transfer from that vessel to another vessel.
    The proposed increased effort in the northern zone would not be 
expected to result in overfishing in that zone.

Less Restrictive Limit on Vessel Size Increases

    Currently, to obtain a permit by transfer of an existing permit, 
the owner of the receiving vessel must acquire a permit from a vessel 
with a documented length overall, or permits from vessels with 
aggregate lengths overall, of at least 90 percent of the documented 
length overall of the receiving vessel. The Council proposes to ease 
this restriction. Accordingly, this rule would allow the transfer of a 
permit or permits for transfer to a replacement vessel whose documented 
length overall is up to 20 percent more than the documented length 
overall of the currently permitted vessel(s). For example, permits for 
vessels whose documented lengths overall totaled 80.0 ft (24.4 m) could 
be used to obtain a permit for a vessel with documented length overall 
of up to 96.0 ft (29.3 m) (80.0 + [.20 x 80.0] = 96.0).
    The Council believes this measure is desirable for the added safety 
that generally is associated with the use of larger vessels and for the 
possible economic benefits of operating from larger vessels. The 
Council further believes that the increased harvesting capacity that 
generally occurs when using larger vessels will not jeopardize the 
continued viability of the fishery.
    Because of the harsher weather conditions prevalent in the northern 
zone and the paucity of vessels permitted in that zone, the proposed 
limitation on transfers described above would not apply to vessels with 
permits to fish in the northern zone. To avail oneself of this 
exemption in the northern zone (i.e., upgrade by more than 20 percent), 
an owner of a vessel that is permitted for the southern zone would have 
to request a permit change to the northern zone and would be allowed to 
change the permit back to the southern zone only by transferring the 
permit to a vessel with a documented length overall no greater than 20 
percent more than the vessel whose permit was originally changed from 
the southern zone to the northern zone. A request for a change back to 
the southern zone would have to be received by the RA no later than 3 
years after the final rule to implement this measure becomes effective.

Permit Renewals

    This rule would provide that NMFS will not renew a permit for 
golden crab if the RA does not receive an application for renewal by 
June 30 each year, that is, within 6 months into the fishing year. The 
Council believes that this 6-month period provides adequate time for a 
vessel owner to decide whether to continue in the fishery, thus 
providing the Council advance information necessary to effectively 
manage the fishery and achieve the stated objectives of the FMP. A 
specific deadline for renewal would also relieve NMFS of the 
administrative burden of keeping track of all possible future 
participants in the fishery.

Small-vessel Sub-zone

    This rule would create a sub-zone in the southern zone. The sub-
zone would be approximately 22 nautical miles (nm) south of Key West, 
Florida, and encompass an area of approximately 8 by 30 nm. No vessel 
with a documented length overall greater than 65 ft (19.8 m) would be 
allowed to fish for golden crab in this sub-zone, and a vessel with a 
documented length overall of 65 ft (19.8 m) or less that is permitted 
for the southern zone would be allowed to fish for golden crab only in 
this sub-zone. The creation of a small-vessel sub-zone would address 
reported conflicts between large and small vessels in the southern 
zone, which have resulted in gear and other economic losses. The 
Council intends that the sub-zone would exist for a minimum of 3 years, 
during which time the Council would monitor harvest data from the sub-
zone and other information to determine benefits of the sub-zone and 
alternatives for future action.

[[Page 59223]]

Framework Procedure

    In accordance with the FMP, certain items related to the management 
of golden crab may be established or modified via a framework procedure 
that enables more timely implementation than is possible via an 
amendment to the FMP. This proposed rule would add the sub-zone in the 
southern zone to the items for which the framework procedure is 
applicable. Changes to the sub-zone would include, but not be limited 
to, the size, timeframe, seasonality, repealing, and eligibility 
requirements.

Additional Measures in Amendment 3

    In addition to the measures described above for the management of 
golden crab, in Amendment 3 the Council proposed to establish: MSY; 
maximum fishing mortality threshold (MFMT), the fishing mortality rate 
which, if exceeded, constitutes overfishing; and minimum stock size 
threshold (MSST), the stock size below which golden crab are 
overfished. The Council's proposals are as follows:
    MSY--between 4 and 12 million lbs (1,814 and 5,443 metric tons).
    MFMT--a fishing mortality rate that is in excess of the fishing 
mortality rate that produces MSY.
    MSST--a ratio of either current biomass to biomass at MSY 
(BMSY) or one minus the natural mortality rate (1 - M) times 
BMSY, where 1 - M should never be less than 0.5.
    Data for golden crab are very limited and available resources 
within NMFS do not allow sufficient data collection. Accordingly, the 
specification of MSY covers a broad range and MFMT and MSST lack 
numerical specificity. Specificity will be added as data become 
available. In its ``Report to Congress--Status of Fisheries of the 
United States,'' January 2001, NMFS concluded that overfishing was not 
occurring in the golden crab fishery. The FMP does not contain a 
definition of ``overfished'' at this time.

Partial Approval of Amendment 3--Disapproval of Proposed MSY

    On September 12, 2001, NMFS partially approved Amendment 3. NMFS 
approved all provisions of Amendment 3 except the proposed MSY, 4 to 12 
million lb (1.8 to 5.4 million kg). Based on the best available 
scientific information, including results of the most recent stock 
status evaluation, NMFS concluded that the proposed MSY was risk prone 
and could lead to overfishing.

Availability of Amendment 3

    Additional background and rationale for the measures discussed 
above are contained in Amendment 3. The availability of Amendment 3 was 
announced in the Federal Register on June 12, 2001 (66 FR 31608). 
Written comments on Amendment 3 were invited through August 13, 2001. 
No public comments were received. All comments received on this 
proposed rule during the public comment period will be addressed in the 
preamble to the final rule.

Classification

    NMFS has determined that Amendment 3, except for the disapproved 
MSY, is consistent with the national standards of the Magnuson-Stevens 
Act and other applicable laws.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel of 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:

    The Magnuson-Stevens Act provides the statutory basis for the 
rule. The proposed rule will not require any new reporting or record 
keeping on the part of the commercial entities. No duplicative, 
overlapping or conflicting Federal rules have been identified. The 
objectives of the proposed rule are: to stabilize yield and maintain 
population levels sufficient to ensure adequate recruitment; provide 
a flexible management system; and optimize the social and economic 
benefits of the golden crab fishery.
    Although no participant in the golden crab fishery currently 
utilizes cable mainlines, they have been successfully used in other 
fisheries and interest in their use has been expressed by fishery 
participants. Such interest is due to the fact that some 
participants already possess this gear for use in other fisheries in 
which they participate. Fishermen who do not already possess cable 
gear can choose to obtain it or continue using gear they already 
possess. Extending the period for allowed use of cable, therefore, 
will allow operators to utilize potentially more cost- efficient 
gear, leading to reduced gear-up costs and gear-storage safety 
gains. The proposed specification of the size of the required escape 
panel will bring the specification in line with the current 
dimensions of manufactured mesh. This will reduce enforcement 
conflict between fishermen and enforcement officers. Elimination of 
the historical catch requirement will allow historical small-scale 
participants to remain in the fishery, which will in turn allow for 
a more stable level of participation as well as product supply to 
maintain current markets. Allowing the southern-permitted vessels to 
fish in the northern zone will also assist in achieving this 
objective. Allowing vessels to increase their size will better fit 
the safety requirements of their fishery. The creation of a small-
vessel sub-zone in the southern zone will reduce vessel conflicts 
between the large and small vessels, thereby reducing the gear and 
revenue losses attributed to these conflicts. Between 1997 and 2000, 
no commercial vessels have operated in the northern zone. Therefore, 
allowing two new commercial vessel permits to be issued for the 
northern zone may lead to increased harvests and revenues, and 
result in better maintenance of a consistent supply of golden crab 
to the market. Expanding the list of management measures that may be 
modified via the FMP's framework procedure will result in a more 
efficient functioning of the management process.
    Generally, a fish-harvesting business is considered a small 
business if it is independently owned and operated and not dominant 
in its field of operation and if it has annual receipts not in 
excess of $3.0 million. Business operations in the golden crab 
fishery consist solely of small business entities. This conclusion 
is based on the following facts. In 1997, gross revenues from the 
golden crab fishery in the Southeast region were approximately $1.22 
million, of which slightly more than $943,000 came from the South 
Atlantic. Based on preliminary data for 2000, gross revenues from 
the golden crab fishery in the Southeast region were approximately 
$1.04 million, of which slightly more than $858,000 came from the 
South Atlantic. In 1997, small vessels (65 ft (19.8 m) and below in 
overall length) accounted for 78 percent of the gross revenues from 
the Southeast region and 91 percent of the gross revenues from the 
South Atlantic. In 2000, these percentages were slightly less, at 69 
percent and 83 percent, respectively. For small vessels 
participating in the South Atlantic fishery, average gross revenue 
from golden crab harvests ranged from a low of $78,267 in 1997 to a 
high of $163,543 in 1999.
    The number of participants that will be affected by the proposed 
rule is estimated to be between 8 and 12 commercial vessels. In 
1997, the year for which participation was the highest, 13 vessels 
were active in the South Atlantic golden crab fishery. However, 
based on preliminary data for 2000, there were only 8 active vessels 
in this fishery. Between 1997 and 2000, less than five large vessels 
participated in the fishery, while the number of small vessels did 
not exceed 12. In 2000, 38 percent of the vessels (large and small) 
generated approximately 95 percent of the gross revenues from the 
South Atlantic golden crab fishery.
    Elimination of the minimum harvest requirement may attract some 
of the vessels that were eligible for renewal in 2000, but failed to 
meet the minimum landings requirement in effect at that time. Two 
vessels could re-enter the fishery as a result of eliminating the 
minimum harvest requirement. Additionally, two new permits for the 
northern zone could be issued to vessels that were on the original 
list of those interested in entering the fishery but

[[Page 59224]]

excluded from the original permit distribution. As a result of the 
existing rules and proposed rule changes, a maximum of 12 commercial 
vessels will be allowed to participate in the South Atlantic golden 
crab fishery.
    The determination of significant economic impact can be 
ascertained by examining two criteria, disproportionality and 
profitability. The disproportionality question is: do the 
regulations place a substantial number of small entities at a 
significant competitive disadvantage to large entities? Although 
some variation exists between vessel lengths and degree of 
participation in the fishery, all are classified as small entities. 
Thus, the issue of disproportionality is irrelevant in the present 
case.
    The profitability question is: do the regulations significantly 
reduce profit for a substantial number of small entities? In 1997, 
100 percent of the large vessels' South Atlantic and 32 percent of 
their total golden crab revenues came from the sub-zone. However, 
based on the preliminary 2000 data, the vast majority of their gross 
revenues presently come from the remainder of the southern zone (43 
percent) and the Gulf (56 percent). The large vessels would only 
lose 0.9 percent of their total golden crab revenues as a result of 
being excluded from the sub-zone. With respect to the South Atlantic 
component of the fishery, all large vessels have only been permitted 
to operate in the Southern zone. For small vessels permitted to 
operate only in the Southern zone, 49 percent of their total golden 
crab revenues in 1997 came from the southern zone outside the sub-
zone. In 2000, this percentage decreased to 28 percent. Even though 
the latter percentage appears to still be large, it represents a 
very small dollar figure in absolute terms. This absolute figure 
cannot be provided for confidentiality reasons. Since the absolute 
figure is trivial, small vessels will easily be able to compensate 
for this loss via a minimal increase in their sub-zone activity.
    Since profits must necessarily be less than gross revenues, the 
creation of the sub-zone would not significantly reduce profits for 
either the large or small vessels. And as the other proposed 
regulations are expected to either decrease costs, increase 
revenues, or have no effect on the fishery participants, no small 
entities are expected to experience any significant and adverse 
economic impacts as a result of this rule. On this basis, the 
proposed rule may be adjudged not to have a significant economic 
impact on a substantial number of small entities.

    Accordingly, 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 PRA unless that collection of information displays a currently 
valid OMB control number.This rule contains but does not change two 
collection-of-information requirements subject to the Paperwork 
Reduction Act (PRA); namely, the application for a permit for the South 
Atlantic golden crab fishery and the submission of fishing vessel 
logbooks in that fishery. These collections of information have been 
approved by OMB under control numbers 0648-0205 and 0648-0016, 
respectively. The public reporting burdens for these collections of 
information are estimated at 20 minutes for each permit application and 
10 minutes for each fishing vessel logbook submission. The estimates of 
public reporting burdens for these collections of information 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 aspects of the collections of information, 
including suggestions for reducing the burdens, to NMFS and OMB (see 
ADDRESSES).

List of Subjects in 50 CFR Part 622

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

    Dated: November 20, 2001.
William T. Hogarth,
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. 622.7, paragraph (z) is revised to read as follows:


Sec. 622.7  Prohibitions.

* * * * *
    (z) Fish for or possess golden crab in or from a fishing zone or 
sub-zone of the South Atlantic EEZ other than the zone or sub-zone for 
which the vessel is permitted or authorized, as specified in 
Sec. 622.17(b).
* * * * *

    3. 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 commercial vessel permits have been issued for 
the fishery. All permits in the fishery are issued on a fishing-year 
(calendar-year) basis. No additional permits may be issued except as 
follows:
    (1) For the southern zone. (i) Upon application, the RA will 
reissue a permit for the southern zone for a vessel that held a valid 
permit for that zone in October 2000 but did not meet the 5,000-lb 
(2,268-kg) requirement for renewal in the following year.
    (ii) An application for a permit under paragraph (a)(1) of this 
section must be received by the RA no later than 60 days after the date 
of publication of the final rule containing this paragraph.
    (2) For the northern zone. (i) The RA will issue up to two new 
vessel permits for the northern zone. Selection will be made from the 
list of historical participants in the South Atlantic golden crab 
fishery. Such list was used at the October 1995 meeting of the South 
Atlantic Fishery Management Council and was prioritized based on pounds 
of golden crab landed, without reference to a specific zone. 
Individuals on the list who originally received permits will be deleted 
from the list.
    (ii) The RA will offer in writing an opportunity to apply for a 
permit for the northern zone to the individuals highest on the list 
until two accept and apply in a timely manner. An offer that is not 
accepted within 30 days after it is received will no longer be valid.
    (iii) An application for a permit from an individual who accepts 
the RA's offer must be received by the RA no later than 30 days after 
the date of the individual's acceptance. Application forms are 
available from the RA.
    (iv) A vessel permit for the northern zone issued under paragraph 
(a)(2) of this section, and any successor permit, may not be changed to 
another zone. A successor permit includes a permit issued to that 
vessel for a subsequent owner and a permit issued via transfer from 
that vessel to another vessel.
    (b) Fishing zones--(1) Designation of fishing zones. The South 
Atlantic EEZ is divided into three fishing zones for golden crab as 
follows:
    (i) Northern zone--the South Atlantic EEZ north of 28 deg. N. lat.
    (ii) Middle zone--the South Atlantic EEZ from 28 deg. N. lat. to 
25 deg. N. lat.
    (iii) Southern zone--the South Atlantic EEZ south of 25 deg. N. 
lat.
    (2) Authorization to fish in zones. Each vessel permit indicates 
one of the zones specified in paragraph (b)(1) of this section. A 
vessel with a permit to fish for golden crab in the northern zone or 
the middle zone may fish only in that zone. A vessel with a documented 
length overall greater than 65 ft (19.8 m) with a permit to fish for 
golden crab in

[[Page 59225]]

the southern zone may fish in that zone, consistent with the provisions 
of paragraph (b)(3) of this section, and, through a date 3 years from 
the date this paragraph is effective, may also fish in the northern 
zone. A vessel may possess golden crab only in a zone in which it is 
authorized to fish, except that other zones may be transited if the 
vessel notifies NMFS, Office of Enforcement, Southeast Region, St. 
Petersburg, FL, by telephone (727-570-5344) in advance and does not 
fish in a zone in which it is not authorized to fish.
    (3) Small-vessel sub-zone. Within the southern zone, a small-vessel 
sub-zone is established bounded on the north by 24 deg.15' N. lat., on 
the south by 24 deg.07' N. lat., on the east by 81 deg.22' W. long., 
and on the west by 81 deg.56' W. long. No vessel with a documented 
length overall greater than 65 ft (19.8 m) may fish for golden crab in 
this sub-zone, and a vessel with a documented length overall of 65 ft 
(19.8 m) or less that is permitted for the southern zone may fish for 
golden crab only in this sub-zone.
    (4) Procedure for changing zones. (i) Upon request from an owner of 
a permitted vessel, the RA will change the zone specified on a permit 
from the middle or southern zone to the northern zone. No other changes 
in the zone specified on a permit are allowed, except as specified in 
paragraph (b)(4)(ii) of this section. An owner of a permitted vessel 
who desires a change to the northern zone must submit his/her request 
with the existing permit to the RA.
    (ii) Through a date 3 years after the date this paragraph (b)(4) is 
effective, upon request, the RA will change a vessel permit back to the 
southern zone for an owner of a vessel, or the subsequent owner of a 
vessel, whose permit was changed from the southern zone to the northern 
zone provided that the documented length overall of the vessel to be 
used in the southern zone is not more than 20 percent greater than the 
vessel whose permit was originally changed from the southern zone to 
the northern zone.
    (c) Transferring permits between vessels--(1) Procedure for 
transferring. An owner of a vessel who desires a golden crab permit may 
request that NMFS transfer an existing permit or permits to his or her 
vessel by returning an existing permit or permits to the RA with an 
application for a permit for the replacement vessel.
    (2) Vessel size limitations on transferring. (i) To obtain a permit 
for the middle or southern zone via transfer, the documented length 
overall of the replacement vessel may not exceed the documented length 
overall, or aggregate documented lengths overall, of the replaced 
vessel(s) by more than 20 percent. The owner of a vessel permitted for 
the middle or southern zone 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.
    (ii) There are no vessel size limitations to obtain a permit for 
the northern zone via transfer.
    (d) Permit renewal. NMFS will not renew a commercial vessel permit 
for South Atlantic golden crab if the permit is revoked or if the RA 
does not receive an application for renewal within 6 months after the 
permit's expiration, that is, by June 30 each year. See Sec. 622.4(h) 
for the general procedures and requirements for permit renewals.

    4. In Sec. 622.40, the first sentence of paragraph (b)(3)(ii)(B) 
and paragraph (d)(2)(ii) are revised to read as follows:


Sec. 622.40  Limitations on traps and pots.

* * * * *
    (b) * * *
    (3) * * *
    (ii) * * *
    (B) A golden crab trap constructed of material other than webbing 
must have an escape panel or door measuring at least 11 7/8 by 11 7/8 
inches (30.2 by 30.2 cm), located on at least one side, excluding top 
and bottom. * * *
* * * * *
    (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, 2002.

    5. In Sec. 622.48, paragraph (g) is revised to read as follows:


Sec. 622.48  Adjustment of management measures.

* * * * *
    (g) South Atlantic golden crab. Biomass levels, age-structured 
analyses, MSY, ABC, TAC, quotas (including quotas equal to zero), trip 
limits, minimum sizes, gear regulations and restrictions, permit 
requirements, seasonal or area closures, sub-zones and their management 
measures, time frame for recovery of golden crab if overfished, fishing 
year (adjustment not to exceed 2 months), observer requirements, 
authority for the RA to close the fishery when a quota is reached or is 
projected to be reached, definitions of essential fish habitat, and 
essential fish habitat HAPCs or Coral HAPCs.
* * * * *
[FR Doc. 01-29494 Filed 11-26-01; 8:45 am]
BILLING CODE 3510-22-S