[Federal Register Volume 67, Number 37 (Monday, February 25, 2002)]
[Proposed Rules]
[Pages 8503-8508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4451]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 011018255-1255-01; I.D. 071001F]
RIN 0648-AO51


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery of the Gulf of Mexico; Amendment 11

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 11 to 
the Fishery Management Plan for the Shrimp Fishery of the Gulf of 
Mexico (Amendment 11), as prepared and submitted by the Gulf of Mexico 
Fishery Management Council. This proposed

[[Page 8504]]

rule would require owners or operators of all vessels harvesting shrimp 
in the exclusive economic zone of the Gulf of Mexico (Gulf EEZ) to 
obtain a commercial vessel permit for Gulf shrimp; prohibit the use of 
traps to harvest royal red shrimp in the Gulf EEZ; and prohibit the 
transfer of royal red shrimp at sea. The permit requirement would 
provide an accurate and efficient method of identifying and quantifying 
the number of vessels in the Gulf EEZ shrimp fishery. The prohibition 
of the use of traps for royal red shrimp is intended to prevent gear 
conflict and potential overfishing. The prohibition on transfer of 
royal red shrimp at sea is intended to enhance enforceability of the 
prohibition on use of traps in the fishery.

DATES: Comments must be received no later than 4:30 p.m., eastern 
standard time, on April 11, 2002.

ADDRESSES: Written comments on the proposed rule should be sent to Dr. 
Steve Branstetter, Southeast Regional Office, 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 Internet.
    Requests for copies of Amendment 11, which includes an 
environmental assessment and regulatory impact review (RIR), should be 
sent to the Gulf of Mexico Fishery Management Council, 3018 U.S. 
Highway 301 North, Suite 1000, Tampa, FL 33619-2266; telephone: 813-
228-2815; fax: 813-225-7015; e-mail: [email protected]. 
Copies of the Gulf of Mexico Fishery Management Council's Minority 
Report on Amendment 11 may also be obtained from the same address.
    Comments regarding the collection-of-information requirements 
contained in this proposed rule should be sent to Robert Sadler, 
Southeast Regional Office, NMFS, 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. Steve Branstetter, telephone: 727-
570-5305, fax: 727-570-5583, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The fishery for shrimp in the Gulf EEZ is 
managed under the Fishery Management Plan for the Shrimp Fishery of the 
Gulf of Mexico (FMP). The FMP was prepared by the Gulf of Mexico 
Fishery Management Council (Council), 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.

Need for a Federal Commercial Vessel Permit for Gulf Shrimp

    The shrimp fishery is the largest fishery in terms of numbers of 
fishing vessels and participants in the Gulf of Mexico, but is one of 
the few federally managed fisheries with no fishing permit requirement. 
Some data collection and vessel identification systems exist through 
either state or Federal programs, but none is comprehensive or 
specifically identifies shrimp fishing vessels that fish in the EEZ. 
NMFS maintains two record systems, each with a limited purpose. The 
Shrimp Landing File (SLF) contains landings by individual shrimp 
vessels over the course of a year. The Vessel Operating Units File 
(VOUF) is similar, but the purpose of this file is to maintain a record 
of vessel characteristics (i.e., length, age, horsepower, etc.) for all 
active shrimp fishing vessels during a particular year. Neither the SLF 
nor VOUF contains contact information for the owner, and neither 
indicates whether the vessel fishes in the Gulf of Mexico EEZ. 
Similarly, state licensing files list active fishing vessels, but these 
files do not provide information on whether vessels fish in state or 
Federal waters, or both. In some instances, these vessel licenses are 
not specific to a fishery; thus, they do not readily identify shrimp 
fishing vessels as opposed to vessels operating in other fisheries. 
Trip ticket systems are not used by all the states, nor is the data 
collection uniform among those states that do have a trip ticket 
system. Although the GulfFIN program, as administered by the Gulf 
States Marine Fisheries Commission, will standardize this information, 
this program is still under development. NMFS has supported the 
development of a national Vessel Identification System under the 
auspices of the US Coast Guard (USCG). However, the USCG is still 
reviewing options to implement this system, and its implementation is 
not anticipated in the near future.
    Because existing vessel identification systems are not 
comprehensive nor do they specifically identify shrimp fishing vessels 
that fish in the EEZ, the Council concluded that a Federal vessel 
permit requirement for the shrimp fishery of the Gulf of Mexico was 
necessary to identify accurately the universe of vessels that fish for 
shrimp in the Gulf of Mexico EEZ and, thereby, to facilitate scientific 
assessments of annual fishing effort. The database would provide an 
enumeration of the vessels that would be authorized to fish for shrimp 
in the EEZ on an annual basis. A Federal permit system is a 
prerequisite tool for designing a statistically robust data collection 
program to canvass or randomly sample the activities of the shrimp 
fishery in the EEZ. Previous data collection programs were hampered by 
the inability to specifically identify the universe of vessels fishing 
for shrimp in the Gulf EEZ. The results of NMFS' 1992-1996 incidental 
harvest research program, as well as the Council's subsequent actions 
implemented in Amendment 9, which were based on the results of that 
program, have been questioned because the sampling was not conducted 
through a stratified random sampling effort. Similarly, during the 
summer 1998 Red Snapper/Shrimp Research Program, the Southeast 
Fisheries Science Center (SEFSC) attempted to implement a trial logbook 
program. That attempt was only partially successful because it failed 
to reach many of the intended participants in a timely manner. Without 
information to identify readily the participants in the fishery, 
sampling programs have depended on non-random sampling. A more robust 
analysis of the shrimp fishery is only possible through stratified 
random sampling of the existing fleet, and that kind of sampling is 
only possible where the specific vessels are readily identifiable. The 
permit system will serve as a source to identify a representative 
stratified random sample of shrimp vessels. Once the Agency has more 
accurately determined the number of fishery participants through the 
permit system, sample groups will be used to conduct research to 
collect biological, fishery, social, and economic data on the fishery, 
through use of observers, vessel monitoring systems, or other data 
collection methods. Anticipated improvements from the permitting and 
subsequent sampling procedures would include more precise red snapper 
bycatch estimation and more accurate determinations of economic and 
community impacts. Information collected under such future programs 
would aid in the formulation of sound management measures for the 
shrimp fishery and those finfish fisheries that are affected by bycatch 
and bycatch mortality arising from the shrimp fishery. Therefore, the 
Council concluded that a requirement for a Federal commercial vessel 
permit for the shrimp fishery in the Gulf EEZ should enhance the 
capability to achieve and maintain sustainable fisheries in the Gulf of 
Mexico.

[[Page 8505]]

    Two Council members submitted a minority report expressing 
opposition to the implementation of Amendment 11. Their opposition was 
based on their belief that the permit requirements in Amendment 11 are 
inconsistent with national standards 5, 6, 7, and 8 of the Magnuson-
Stevens Act, are devoid of adequate rationale, and will result in 
additional bureaucracy and costs. Copies of the minority report are 
available from the Council (see ADDRESSES).

Commercial Vessel Permit Requirement

    This proposed rule would require an owner or operator of a vessel 
that fishes for shrimp in the Gulf EEZ or possesses shrimp in or from 
the Gulf EEZ to have a valid commercial vessel permit for Gulf shrimp 
on board. If Amendment 11 is approved, the permit requirement would 
become effective 90 days after the effective date of the final rule 
implementing the amendment. No qualifying criteria (e.g., documentation 
of landings, earned income from fishing, or other participation 
requirements) are proposed for the Gulf shrimp permit. If the permit 
requirement is approved, it would provide an accurate identification of 
the universe of vessels authorized to fish for shrimp in the Gulf EEZ. 
Establishing this known universe of vessels would provide the basis for 
future development of additional data collection programs to evaluate, 
more comprehensively, the biological, economic, and social 
characteristics of the fishery. When this information becomes 
available, the Council would be in a better position to evaluate 
whether any restrictive criteria for participation in the shrimp 
fishery should be considered in the future.

Permit Procedures

    Required permitting procedures that apply to all Magnuson-Stevens 
Act permits issued by the Administrator, Southeast Region, NMFS, (RA) 
and that would apply to a Gulf shrimp permit are specified in 50 CFR 
622.4. These procedures include requirements related to the following: 
application, fees, initial issuance, transferability, permit renewal, 
permit display, and other permit-related provisions. Basic requirements 
and procedures are summarized here for the convenience of the reader.

Permit Application

    Permit application forms would be available from the RA. Completed 
application forms would have to be submitted to the RA at least 30 days 
prior to the date on which the applicant requests to have the permit 
made effective. However, given the large volume of permit applications 
anticipated for the Gulf shrimp fishery, NMFS would strongly encourage 
applicants to submit completed applications as soon as possible after 
publication of the final rule implementing Amendment 11. Any delay in 
submitting a completed application could result in an inability to 
issue a permit prior to the deadline for the permit requirement and, 
thus, preclude legal fishing for Gulf shrimp until the permit is 
issued.
    The application for a commercial vessel permit would have to be 
submitted by the owner (in the case of a corporation, an officer or 
shareholder; in the case of a partnership, a general partner) or 
operator of the vessel. All vessel permits would be mailed to owners, 
whether the applicant is an owner or an operator. An applicant would 
have to provide the following:
    (1) A copy of the vessel's valid USCG certificate of documentation 
or, if not documented, a copy of its valid state registration 
certificate.
    (2) Vessel name and official number.
    (3) Name, address, telephone number, and other identifying 
information of the vessel owner and of the applicant, if other than the 
owner.
    (4) Any other information concerning the vessel, gear 
characteristics, principal fisheries engaged in, or fishing areas, as 
specified on the application form.
    (5) Any other information that may be necessary for the issuance or 
administration of the permit, as specified on the application form.

Permit Fees

    A fee would be charged for each application for a permit and for 
each request for replacement of such permit. The amount of each fee 
would be calculated in accordance with the procedures of the NOAA 
Finance Handbook, available from the RA, for determining the 
administrative costs of each special product or service. The fee may 
not exceed such costs and would be specified with each application 
form. The appropriate fee would have to accompany each permit 
application or request for permit replacement.

Initial Permit Issuance

    The RA would issue an initial permit at any time to an applicant if 
the application was complete. An application would be complete when all 
requested forms, information, and documentation had been received. Upon 
receipt of an incomplete application, the RA would notify the applicant 
of the deficiency. If the applicant failed to correct the deficiency 
within 30 days of the date of the RA's letter of notification, the 
application would be considered abandoned.

Duration

    A permit would remain valid for the period specified on it unless 
it was revoked, suspended, or modified pursuant to subpart D of 15 CFR 
part 904 or unless the vessel was sold.

Transfer

    A vessel permit for Gulf shrimp would not be transferable or 
assignable. A person who acquired a vessel and desired to conduct 
activities for which a Gulf shrimp vessel permit would be required 
would need to apply for a permit. If the acquired vessel was already 
permitted, the application would need to be accompanied by the original 
permit and a copy of a signed bill of sale or equivalent acquisition 
papers.

Renewal

    Although a permit would be issued on an annual basis, an 
application for its renewal would be required only every 2 years. In 
the interim years, renewal would be automatic (without application) for 
a vessel owner who had met the specific requirements for the permit, 
had submitted all reports required under the Magnuson-Stevens Act, and 
was not subject to a permit sanction or denial of a permit application 
in accordance with the procedures governing enforcement-related permit 
sanctions and denials found at subpart D of 15 CFR part 904. An owner 
whose permit was expiring would be mailed a notification by the RA 
approximately 2 months prior to its expiration. That notification would 
advise the status of the renewal. That is, the notification would 
advise that the renewal would be issued without further action by the 
owner (automatic renewal); that the permit was ineligible for automatic 
renewal; or that a new application would be required.
    If the RA's notification indicates that the owner's permit would be 
eligible for automatic renewal, the RA would mail the automatically 
renewed permit approximately 1 month prior to expiration of the old 
permit.
    If the RA's notification indicates that the owner's permit would be 
ineligible for automatic renewal, the notification would specify the 
reasons and would provide an opportunity for correction of any 
deficiencies. If the owner or dealer did not correct such deficiencies 
within 60 days after the date of the RA's notification, the renewal 
would be considered abandoned.

[[Page 8506]]

    If the RA's notification indicates that a new application would be 
required, the notification would include a preprinted renewal 
application. If the RA receives an incomplete application, the RA would 
notify the applicant of the deficiency. If the applicant failed to 
correct the deficiency within 30 days of the date of the RA's letter of 
notification, the application would be considered abandoned.
    A vessel owner or dealer who did not receive a notification from 
the RA regarding status of renewal of a permit by 45 days prior to 
expiration of the current permit would have to contact the RA.

Display

    The vessel permit would have to be carried on board the vessel. The 
operator of a vessel would have to present the permit for inspection 
upon the request of an authorized officer.

Prohibition on the Use of Traps in the Royal Red Shrimp Fishery and 
on Transfer of Royal Red Shrimp At Sea

    Royal red shrimp have been a small component of the Gulf of Mexico 
shrimp fishery since the early 1960s, and are traditionally harvested 
using modified shrimp trawls at depths exceeding 100 fathoms (183 
meters). The Council concluded that allowing trap gear in this fishery 
would likely lead to gear conflicts and could lead to overfishing. An 
emergency interim rule prohibiting the use of trap gear in the royal 
red shrimp fishery within the EEZ of the Gulf of Mexico was promulgated 
on September 19, 2000, (65 FR 56500), and extended until September 14, 
2001 (66 FR 14862, March 14, 2001). The Council requested that NMFS 
take that emergency action until regulations could be implemented 
through the proposed amendment to the FMP.
    The intended effect of the proposed rule to prohibit the use of 
traps in this fishery is to prevent gear conflict that could compromise 
vessel safety and to prevent overfishing in the royal red shrimp 
fishery. Gear conflicts would otherwise be likely to occur between the 
traditional trawl fishery and the proposed trap line fishery on the 
royal red shrimp fishing grounds. This could result in substantial 
damage and loss of fishing gears and an increase in cost for 
participants in the fishery. Gear conflicts also would introduce vessel 
safety issues because of the depth of the fishing effort, the weight of 
the deployed gears (especially if they become tangled), and the fact 
that the fishing grounds are far offshore. Additionally, the 
introduction of new fishing effort could lead to overfishing of the 
resource. Since 1993, landings from the traditional trawl fishery have 
ranged from 200,000 to 335,000 lb (90,719 to 151,953 kg), which is 
approaching the maximum sustainable yield of 392,000 lb (177,808 kg) 
for the fishery. The prohibition of the transfer of royal red shrimp in 
the Gulf EEZ and of royal red shrimp taken in the Gulf EEZ regardless 
of where the transfer takes place is necessary to enhance the 
enforceability of the prohibition of the use of traps in the fishery.

Additional Information

    Additional background and rationale for the measures discussed here 
are contained in Amendment 11, the availability of which was announced 
in the Federal Register (66 FR 37634; July 19, 2001). The public 
comment period on Amendment 11 expired on September 17, 2001. All 
comments received on Amendment 11 or on this proposed rule during their 
respective comment periods will be addressed in the preamble to the 
final rule.

Classification

    On October 17, 2001, NMFS approved Amendment 11 based on a 
determination that it was consistent with the national standards of the 
Magnuson-Stevens Act and other applicable law. In making that 
determination, NMFS took into account the data, views, and comments 
received during the comment period on Amendment 11.
    This proposed rule has been determined to be significant for 
purposes of Executive Order 12866 because of its controversial nature. 
Copies of the RIR are available (see ADDRESSES).
    The Chief Counsel for Regulation of the Department of Commerce has 
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:
    The Magnuson-Stevens Act provides the statutory basis for the 
rule. The proposed rule would: require all vessels (including boats) 
harvesting shrimp in the Gulf EEZ to obtain a commercial vessel 
permit for Gulf shrimp; prohibit the use of traps to harvest royal 
red shrimp in the Gulf EEZ; and prohibit the transfer of royal red 
shrimp at sea.
    This permit requirement is needed to identify and quantify the 
number of vessels in the shrimp fishery of the Gulf EEZ. Under the 
existing FMP, shrimp vessels in the Gulf EEZ are not required to 
have federal permits. Consequently, the only means of determining 
the numbers of vessels operating in the Gulf EEZ are through NMFS' 
shrimp landings file (SLF), NMFS' vessel operating units file 
(VOUF), and state license files. Some states require licenses for 
shrimp vessels while others only license the activity (commercial 
landings). These data sources do not provide an accurate and direct 
means of determining the numbers of vessels participating in the 
shrimp fishery in the Gulf EEZ.
    Mandatory vessel permitting proved to be an effective way of 
obtaining information on the number of potentially active vessels 
and participants in other commercial and for-hire fisheries 
operating in the Gulf EEZ, including the reef fish and coastal 
migratory pelagics fisheries. These data combined with logbook 
reporting, observer reports, and other surveys provided managers 
with essential information on effort, catch, bycatch, and other 
important parameters regarding these fisheries. Having a known 
universe of vessels operating in the Gulf EEZ shrimp fishery will 
help provide the same opportunities for scientists and managers to 
collect data on effort, catch, bycatch, and other important 
parameters of both targeted shrimp stocks, as well as bycatch 
species that may or may not be under separate management regimes. 
Presently, without permits, the numbers of vessels that operate in 
the Gulf EEZ shrimp fishery can only be estimated using the SLF, 
VOUF, and/or state license files.
    The royal red shrimp fishery in the Gulf traditionally operated 
as a trawl fishery. Traps are not included on the list of allowable 
gear for the royal red shrimp fishery, or the penaeid shrimp fishery 
in general. However, a recent request to allow trap gear was 
considered and denied due to potential gear conflicts and the 
increased possibility of exceeding maximum sustainable yield as a 
result of this new effort. The prohibition on the use of traps was 
implemented through an emergency interim rule which expired on 
September 14, 2001. Consequently, unless a more permanent 
prohibition through a plan amendment is implemented, future use of 
trap gear could occur legally under 50 CFR, Part 600.747. The 
prohibition on the transfer of royal red shrimp at sea is intended 
to enhance enforceability of the prohibition of the use of traps in 
the fishery. The transfer prohibition is not expected to impact 
fishery participants using authorized gear, i.e. trawls, since 
transfer at sea has not been and is not a customary practice in the 
royal red shrimp fishery.
    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. Although there are several fleet operations 
in the Gulf shrimp fishery, their actual number is not known, in 
part due to the lack of permit data. Considering the low likelihood 
that these operations are dominant in the harvesting sector of the 
shrimp fishery, the gross receipts criterion may be used to define a 
small business in the shrimp fishery.
    Based on SLF and VOUF, the number of shrimp vessels in the Gulf 
ranges from approximately 3,500 to 5,000. State license files 
indicate that there are 13,163 shrimp boats in the Gulf. The 
proposed Gulf shrimp vessel permit would be required on all shrimp 
vessels fishing in the EEZ. This would affect practically all shrimp 
vessels

[[Page 8507]]

and at least some shrimp boats. The number of affected shrimp boats 
is unknown, but will ultimately depend on the number of boats that 
prosecute the EEZ component of the fishery.
    Ward et al. (1995) reported that the average gross revenues for 
shrimp vessels are approximately $82,000 (converted to 1999 prices, 
based on the producer price index (PPI) for all commodities). One 
standard deviation from this average provides a range of $16,000 to 
$425,000. Considering that even the upper limit of the revenue range 
is well below the $3.0 million threshold, all shrimp vessel 
operations, and thus undoubtedly all shrimp boat operations as well, 
are small business entities. Thus, the substantial number criterion 
would be met. Within these small entities, significant variations of 
revenues occur by size of vessels and by home port state. Ward et 
al. (1995) estimated that average annual revenues of shrimp vessels 
in the Gulf (as adjusted by the PPI in 1999) by length of vessel 
are: $4,000 for vessels less than 25 ft (7.6 m), $23,000 for vessels 
between 25 and 50 ft (7.6 and 15.2 m) and, $198,000 for vessels 
greater than 50 ft (15.2 m). Broken down by homeport state, the 
average annual revenues of shrimp vessels are: $112,000 for Alabama, 
$106,000 for Florida, $9,000 for Louisiana, $45,000 for Mississippi, 
and $192,000 for Texas.
    For purposes of NMFS' rules, the determination whether a 
``significant economic impact'' results is determined by examining 
two issues: disproportionality and profitability. To determine 
disproportionate impacts, the pertinent question is whether the 
regulations place a substantial number of small entities at a 
significant competitive disadvantage compared to large entities. All 
the commercial entities potentially affected by the proposed rule 
are considered small entities so that the issue of 
disproportionality does not arise in the present case. The pertinent 
question in determining profitability is whether the regulations 
significantly reduce profit for a substantial number of small 
entities. Ward et al. (1995) estimated the profits (total revenues 
less total costs) of shrimp vessels in the Gulf. The average net 
revenues (profits) for a shrimp vessel in the Gulf are approximately 
$12,000 (converted to 1999 prices, based on the producer price index 
(PPI) for all commodities). Average profit for vessels by vessel 
length are: $1,598 for vessels less than 25 ft (7.6 m), $7,949 for 
vessels between 25 and 50 ft (7.6 and 15.2 m), and $8,457 for 
vessels greater than 50 ft (15.2 m). Broken down by homeport state, 
average profits are: $4,769 for Alabama, $29,832 for Florida, $3,286 
for Louisiana, $13,876 for Mississippi, and $11,452 for Texas. The 
cost of a vessel permit is $50. Thus, the permit costs as a percent 
of profit would be approximately 0.4 percent per vessel on average. 
By vessel size category, permit costs as a percentage of profits 
would be 3.1 percent for vessels less than 25 ft (7.6 m), 0.6 
percent for vessels between 25 and 50 ft (7.6 and 15.2 m), and 0.6 
percent for vessels greater than 50 ft (15.2 m). By homeport state, 
permit costs as a percentage of profits would be 1.0 percent for 
Alabama vessels, 0.2 percent for Florida vessels, 1.5 percent for 
Louisiana vessels, 0.4 percent for Mississippi vessels, and 0.4 
percent for Texas vessels.
    Traps have not been an allowable gear in the royal red shrimp 
fishery prior to this rule, due to, first, their exclusion from the 
allowable gear list for this fishery and, second, an emergency 
interim rule prohibiting their use that expired on September 14, 
2001. Although only one fisherman has petitioned to use trap gear in 
the royal red shrimp fishery, designation of the gear as allowable 
for this fishery, which will occur automatically without 
promulgation of this rule, would make it available to all fishermen. 
It is indeterminate, however, how many fishermen might elect to 
utilize the gear or how said use would affect the economic 
performance of the fishing operations. Although it can probably be 
presumed that the petitioning fisherman may have intended to test 
the gear, extension of same to any portion of other fishermen is 
without empirical basis. Further, in the absence of economic data on 
the use of trap gear in this fishery, it is not possible to 
precisely characterize potential foregone opportunity. The 
historical lack of interest in the use of trap gear in the royal red 
shrimp fishery, as evidenced by the single petition for allowance, 
suggests that the economic rationale for its use is not strong, 
leading to a conclusion that continued prohibition would not 
generate significant adverse economic impacts in terms of foregone 
opportunity. Further, although it is not known whether the 
petitioning fisherman made investments in the gear prior to either 
it's approval or testing, significant investment prior to such would 
not have been financially sound and is unlikely to have occurred. 
With regard to transfer at sea, since this practice does not occur 
in the royal red shrimp fishery, this prohibition will not generate 
any adverse impacts. The permit costs, $50.00 per vessel, and burden 
time, $4.00 per vessel, (estimated at 20 minutes per permit 
application) are the only costs imposed by the permitting 
requirement. The estimated vessel cost is $54.00 per vessel and 
$378,000 for the industry for the first year. As such, the proposed 
rule would not effect a significant reduction in vessel profits. 
Therefore, the proposed rule would not have a significant economic 
impact on a substantial number of small entities. As a result, an 
initial regulatory flexibility analysis was not required.
    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 Office of Management and Budget 
(OMB) control number.
    This proposed rule contains collection-of-information requirements 
subject to the PRA--namely, a requirement to submit an application for 
a Gulf shrimp commercial vessel permit and a vessel identification 
requirement. In addition, NMFS intends to revise the Multiple Fishery 
Vessel Application (Application) that will be used for the Gulf shrimp 
permit and is used for other fishery permits issued by the NMFS 
Southeast Regional Office. NMFS intends to add data fields for the 
applicant's birth date, street address, and county; vessel net tonnage; 
vessel gross tonnage, and vessel hull identification number. The permit 
application requirement and the new application data field requirements 
have been submitted to OMB for approval. The public reporting burden 
for the collection of information related to the Gulf shrimp permit 
application and the additional data elements on the Application is 
estimated to average 20 minutes per response. This estimate of the 
public reporting burden includes the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collections of information. 
The vessel identification requirement was previously approved by OMB 
under control number 0648-0358, with an estimated response time of 45 
minutes total per vessel.
    Public comment is sought regarding: whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments 
regarding this burden estimate or any other aspect of the collection-
of-information requirements, including suggestions for reducing the 
burden, to NMFS and to OMB (see ADDRESSES).

List of Subjects in 50 CFR Part 622

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

    Dated: February 19, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs,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:


[[Page 8508]]


    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 622.2, the definition of ``Shrimp'' is revised to read 
as follows:


Sec. 622.2  Definitions and acronyms.

* * * * *
    Shrimp means one or more of the following species, or a part 
thereof:
    (1) Brown shrimp, Farfantepenaeus aztecus.
    (2) White shrimp, Litopenaeus setiferus.
    (3) Pink shrimp, Farfantepenaeus duorarum.
    (4) Royal red shrimp, Hymenopenaeus robustus.
    (5) Rock shrimp, Sicyonia brevirostris.
    (6) Seabob shrimp, Xiphopenaeus kroyeri.
* * * * *

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


Sec. 622.4  Permits and fees.

    (a) * * *
    (2) * * *
    (xi) Gulf shrimp. For a person aboard a vessel to fish for shrimp 
in the Gulf EEZ or possess shrimp in or from the Gulf EEZ, a valid 
commercial vessel permit for Gulf shrimp must have been issued to the 
vessel and must be on board.
* * * * *

    4. In Sec. 622.6, paragraph (a)(1)(i) introductory text is revised 
to read as follows:


Sec. 622.6  Vessel and gear identification.

    (a) * * *
    (1) * * *
    (i) Official number. A vessel for which a permit has been issued 
under Sec. 622.4 must display its official number--
* * * * *

    5. In Sec. 622.31, paragraph (k) is added to read as follows:


Sec. 622.31  Prohibited gear and methods.

* * * * *
    (k) Traps for royal red shrimp in the Gulf EEZ and transfer at sea. 
A trap may not be used to fish for royal red shrimp in the Gulf EEZ. 
Possession of a trap and royal red shrimp on board a vessel is 
prohibited. A trap used to fish for royal red shrimp in the Gulf EEZ 
may be disposed of in any appropriate manner by the Assistant 
Administrator or an authorized officer. In addition, royal red shrimp 
cannot be transferred in the Gulf EEZ, and royal red shrimp taken in 
the Gulf EEZ cannot be transferred at sea regardless of where the 
transfer takes place.
[FR Doc. 02-4451 Filed 2-22-02; 8:45 am]
BILLING CODE 3510-22-S