[Federal Register Volume 67, Number 122 (Tuesday, June 25, 2002)]
[Proposed Rules]
[Pages 42744-42750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15995]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 654

[Docket No. 020606141-2141-01; I.D. 031402C]
RIN 0648-AN10


Stone Crab Fishery of the Gulf of Mexico; Amendment 7

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 7 to the 
Fishery Management Plan for the Stone Crab Fishery of the Gulf of 
Mexico (FMP). This proposed rule would establish a Federal trap 
limitation program for the commercial stone crab fishery in the 
exclusive economic zone (EEZ) off Florida's west coast, including the 
area off Monroe County, FL (i.e., the management area) that would 
complement the stone crab trap limitation program implemented by the 
Florida Fish and Wildlife Conservation Commission (FFWCC). The Federal 
program would recognize the FFWCC's license, trap certificates, and 
trap tags for use in the EEZ in lieu of a Federal permit, but would not 
require them in addition to a Federal permit. Under the Federal 
program, a person who could meet the Federal eligibility requirements 
and who does not possess the license and trap certificates required by 
the FFWCC would be issued a Federal vessel permit, a trap certificate, 
and trap tags valid in the EEZ only. In addition, Amendment 7 would 
revise the Protocol and Procedure for an Enhanced Cooperative 
Management System (Protocol) consistent with Florida's constitutional 
revisions that transferred authority for implementation of fishery-
related rules from the Governor and Cabinet to the FFWCC. The intended 
effects are to establish a Federal program that would complement and 
enhance the effectiveness of the FFWCC's trap limitation program and, 
thereby, help to reduce overcapitalization in the stone crab fishery.

DATES: Written comments must be received no later than 4:30 p.m., 
eastern daylight savings time, on August 9, 2002.

ADDRESSES: Written comments on the proposed rule must be sent to the 
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. 
Petersburg, FL 33702. Comments may also be sent via fax to 727-570-
5583. Comments will not be accepted if submitted via e-mail or 
Internet.
    Comments regarding the collection-of-information requirements 
contained in this proposed rule should be sent to Robert Sadler, NMFS, 
9721 Executive Center Drive N., St. Petersburg, FL 33702, and to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB), Washington, DC 20503 (Attention: NOAA Desk Officer).
    Requests for copies of Amendment 7, which includes a regulatory 
impact review and an environmental assessment, 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].

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

SUPPLEMENTARY INFORMATION: The FMP was prepared by the Gulf of Mexico 
Fishery Management Council (Council) and is implemented under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 654.

Background

    Fishery information available since the early 1980's indicates that 
continued expansion of the stone crab fishery in terms of area fished, 
and numbers of participants and traps has reached a level where the 
fishery has more participants and traps than necessary to harvest 
optimum yield. This excessive growth has reduced efficiency in the 
fishery and failed to increase annual harvest since the early 1990's. 
Since moratoriums were first implemented (60 FR 13918, March 15, 1995; 
63 FR 44595, August 20, 1998), neither Florida nor NMFS has issued new 
permits for this fishery. Amendment 7 represents a continuation of 
cooperative state/Federal efforts to constrain overcapitalization in 
the stone crab fishery.
    In Amendment 7, the Council has proposed measures that would revise 
management of the stone crab fishery in the Gulf of Mexico EEZ waters 
off west Florida including Monroe County (i.e., the management area). 
This proposed rule would establish regulations for the management area 
that would complement the stone crab trap limitation program recently 
adopted by the FFWCC. The Council determined that such a complementary 
Federal program was necessary to enhance the effectiveness of the 
FFWCC's program and, thus, help to reduce overcapitalization in the 
stone crab fishery.

The FFWCC Trap Limitation Program

    Florida adopted its trap limitation program on June 26, 2000. Its 
governing agency, the FFWCC, expects to fully implement this program by 
October 1, 2002, the beginning of the 2002/2003 fishing season. 
Although the number of fishers has been stabilized by state and Federal 
permit moratoriums, the number of traps deployed in the fishery in the 
past decade has doubled. Florida's program endeavors to halt the 
fishery's escalating effort and overcapitalization trend by halving the 
number of traps deployed from the current estimate of about 1.3 million 
to 0.6 million within a projected 30-year period. The expected benefits 
are increased yield per trap, decreased conflicts between participants 
in the stone crab and shrimp trawler fisheries, minimized damage to 
hard bottoms and seagrass beds, and fewer trap ropes and buoys to 
impede navigation.

Amendment 7 Proposals

    To align Federal management of the stone crab fishery with the 
FFWCC trap limitation program, the Council has proposed the following 
nine changes to the FMP in Amendment 7: (1) Recognize, but not require, 
Florida's stone crab licenses and trap tags for vessels operating in 
the management area; (2) establish a Federal program to issue non-
transferable (to other persons) vessel permits, trap certificates, and 
trap tags for EEZ use only; (3) provide opportunity to apply for the 
proposed

[[Page 42745]]

Federal vessel permit to those who could meet the qualifying criteria 
but could not or chose not to obtain the stone crab vessel license or 
tags issued by the FFWCC; (4) allow participants up to 90 days 
following the effective date of the final rule implementing Amendment 7 
to apply for Federal permits and tags; (5) determine the number of 
Federal trap tags to be issued to qualifying persons by dividing his/
her highest seasonal landings of stone crab claws during one of three 
fishing seasons (1995/96, 1996/97, or 1997/1998) by 5 lb (2.27 kg); (6) 
charge a fee for the issuance of Federal trap tags and vessel permits 
and their annual renewals; (7) establish a Federal appeals process for 
those denied a Federal permit; (8) revise the Protocol to reflect 
revisions to Florida's Constitution; and (9) replace FMP management 
objective 3 with a new objective: Take regulatory action to increase 
catch per unit effort (CPUE) and reduce overcapitalization in terms of 
gear deployed in the fishery.

Proposed Federal Trap Limitation Program

    This proposed rule would establish a Federal stone crab trap 
limitation program in the management area that would complement the 
FFWCC program. The Federal program would issue to qualified applicants 
Federal commercial vessel permits, trap certificates, and annual trap 
tags. These would not be required for persons or vessels operating in 
the management area that are in compliance with the FFWCC trap 
limitation program.

Commercial Vessel Permit Requirement

    Beginning October 1, 2002, a vessel not in compliance with the 
FFWCC stone crab trap limitation program would have to possess on board 
a Federal vessel permit for stone crab to be authorized to possess or 
use a stone crab trap, possess more than 1 gallon (4.5 L) of stone crab 
claws, or sell stone crab claws in or from the management area.

Eligibility Requirements for a Federal Commercial Vessel Permit

    To qualify for the Federal permit, the owner of a vessel would have 
to provide to the Administrator, Southeast Region, NMFS, (RA) 
documentation substantiating that he/she landed a minimum of 300 lb 
(136 kg) of stone crab claws harvested from the management area or 
Florida's state waters during at least one of the three specified stone 
crab fishing seasons (October 15 through May 15): 1995/1996, 1996/1997, 
or 1997/1998. An applicant who has a valid FFWCC stone crab trap 
certificate or a Florida saltwater products license (SPL) that is 
currently suspended or revoked would not be eligible for the Federal 
vessel permit.

Documentation of Eligibility for a Commercial Vessel Permit

    To determine if an applicant qualifies under the 300-lb (136-kg) 
minimum qualifying landings requirement, the RA would accept only 
documentation for stone crab claws landed in Florida that can be 
verified through the Florida trip ticket system. Such landings would 
have to be associated with a single Florida SPL. Landings of stone crab 
harvested from the management area or Florida's state waters, but 
landed in a state other than Florida, may be documented by dealer 
records that clearly specify the species landed (i.e., stone crab), 
dates and amounts of stone crab landings, and the vessel's name and 
official number. Such dealer records must be accompanied by a sworn 
affidavit by the dealer confirming the accuracy and authenticity of the 
records. The authenticity and accuracy of all submitted documents are 
subject to NMFS' verification by comparison with state, Federal, or 
other pertinent records and information. An applicant submitting false 
documentation could be disqualified from participating in the fishery 
or subjected to appropriate legal penalties.

Application for a Commercial Vessel Permit

    Applications for a Federal commercial vessel permit for stone crab 
would be available from the RA. An applicant (e.g., a vessel owner, or 
an eligible person from the owning corporation or partnership) would be 
required to submit to the RA an application which would include the 
name and official number of the vessel; a copy of the vessel's valid 
United States Coast Guard (USCG) certificate of documentation or state 
registration certificate; information identifying the owner; the 
required documentation of eligibility; desired color code for 
identifying the vessel and trap buoys; number and dimensions of traps 
expected to be deployed; and any other information necessary for the 
issuance and administration of the permit as specified on the 
application form.
    Such applications would have to be postmarked or hand-delivered to 
the RA no later than 90 days after the effective date of the final rule 
implementing Amendment 7. The RA would not issue a vessel permit to an 
applicant who failed to meet this deadline. If an application is 
incomplete, the RA would notify the applicant of the deficiency. If an 
applicant fails to correct and return it to the RA within 30 days, it 
would be considered abandoned. Applicants not meeting the eligibility 
requirements would be notified by the RA within 30 days of receipt of 
their application.

Appeal Process for Commercial Vessel Permit Denial

    An applicant who complied with the application procedures and was 
initially denied a Federal stone crab vessel permit, would be provided 
an opportunity to appeal that decision to the RA. After receiving a 
denial, the applicant would be afforded no more than 60 days to deliver 
(postmarked or hand-delivered) his/her appeal to the RA. An appeal 
would have to be submitted in writing, state the reasons the denial 
should be reversed or modified, and include copies of pertinent landing 
records or other reliable documentation germane to resolving the issue. 
The RA would appoint one or more appellate officers to review the 
appeal and make recommendations to deny the appeal or issue a decision 
based on its merits. The recommendations of the appellate officers 
could be affirmed, reversed, modified, or remanded by the RA. Under 
section 402(b)(1)(F) of the Magnuson-Stevens Act, such a written appeal 
would authorize the RA to make pertinent and confidential landings 
information available to the appellate officer(s).
    If an appellant requests a hearing, the RA would determine whether 
such a hearing is necessary and, if so, notify the appellant of the 
place and date of the hearing. The appellant would be allowed 30 days 
after the notification date to provide supplementary documentary 
evidence to support the appeal.

Duration, Renewal, Transferability, and Fees for a Commercial Vessel 
Permit

    A commercial vessel permit would be issued on an annual basis and 
be valid for the period specified on it unless it is revoked, 
suspended, or modified, or the vessel is sold. Approximately 2 months 
prior to the permit's expiration date, the RA would mail a renewal 
notification to the vessel owner. A vessel owner not receiving such a 
notification 45 days prior to the permit's expiration date would be 
obliged to contact the RA about its renewal. The RA would not renew a 
permit if an application for renewal is not received within 1 year of 
the permit's expiration date or if the permit has been revoked.
    A commercial vessel permit would not be transferable or assignable 
to

[[Page 42746]]

another vessel, except to another (e.g., replacement) vessel owned by 
the same entity. Neither could it or a trap certificate be leased.
    NMFS would charge a fee for each permit application processed 
(i.e., initial issuance, renewal, and replacement) and for each annual 
trap tag. These fees would not exceed the administrative costs 
calculated in accordance with the procedures in the NOAA Finance 
Handbook. The appropriate fees would have to accompany each 
application, request for replacement, or request for trap tags.

Issuance of a Federal Trap Certificate and Annual Trap Tags

    The RA would issue a trap certificate and annual trap tags only to 
persons qualifying for and being issued a Federal commercial vessel 
permit for stone crab. The number of trap tags to be issued would be 
based on the applicant's stone crab claw landings documented consistent 
with the requirements of this proposed rule. The applicant's highest 
documented landings of stone crab claws (pounds) during any one of 
three fishing seasons (1995/1996, 1996/1997, or 1997/1998) would be 
divided by 5 lb (2.27 kg). The 5-lb (2.27-kg) divisor represents the 
average annual harvest expected per trap when the total number of traps 
in the fishery is reduced to 600,000, the level that would stabilize 
the fishery at optimum yield. The Council selected this 5-lb (2.27-kg) 
level for the first year of implementation to accelerate the 
achievement of the trap reduction goal. This approach would immediately 
reduce the number of traps in the management area, authorized under the 
Federal program, to the projected optimal level.

Vessel and Gear Identification

    An owner or operator of a vessel for which a valid Federal 
commercial vessel permit for stone crab has been issued would have to 
comply with vessel and gear identification requirements that are 
standard for most federally managed fisheries in the Gulf of Mexico and 
South Atlantic. A permitted vessel would be required to display its 
official number and the color code assigned by the RA. Each stone crab 
trap authorized under the Federal trap limitation program would be 
required to have a valid annual trap tag issued by the RA attached. A 
buoy displaying the vessel's official number and assigned color code 
would have to be attached to each trap or at the end of each string of 
traps. Improperly marked traps or buoys would be considered illegal 
gear and could be disposed of in any appropriate manner by an 
authorized officer. An owner or operator of a vessel in the management 
area who is in compliance with the FFWCC stone crab trap limitation 
program and its vessel and gear marking requirements is exempt from 
these Federal vessel/gear identification requirements.

Proposed Revision of the Protocol

    The FMP protocol and procedure provide for a cooperative state/
Federal management program whereby measures constructed under the 
auspices of the FFWCC can be applied in both state and Federal waters, 
if appropriate. The appropriateness is based on whether the FFWCC's 
measures would protect and increase long-term yields, provide fair and 
equitable opportunity for shareholder participation, be consistent with 
the FMP and Federal regulations, be considered acceptable by the Gulf 
Council and for implementation by NMFS, be based on information 
collected by the FFWCC with necessary NMFS assistance, be presented in 
written form to the Gulf Council that would include the prescribed 
information, and be applicable to the management area. The FFWCC also 
would help with the preparation of the documents necessary for Federal 
rulemaking. By design, this process prevents adverse impacts on the 
resources and its user groups in both state and federal waters. 
Further, it avoids duplication and, thereby, streamlines the rulemaking 
process to provide a comprehensive and compatible management program 
for the stone crab fishery both in state and Federal waters.
    The Protocol was initially proposed in Amendment 5 to the FMP and 
its proposed rule (59 FR 55405, November 7, 1994), and approved in a 
final rule (60 FR 13918, March 15, 1995). The revisions of the 
Protocol, proposed in Amendment 7, reflect recent changes in Florida's 
Constitution. Most significantly, the FFWCC is now empowered to act 
independently in implementing state fishery-related rules without 
approval from the Governor and Cabinet. In addition, the name of the 
Florida Marine Fisheries Commission (FMFC) has been changed to FFWCC.

Availability of, and Comments on, Amendment 7

    Additional background and rationale for the measures discussed here 
are contained in Amendment 7, the availability of which was announced 
in the Federal Register on April 18, 2002 (67 FR 19155). All comments 
received on Amendment 7 or on this proposed rule, including those 
relevant to Section 303(b)(6) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), during their 
respective comment periods will be addressed in the preamble of the 
final rule.

Classification

    At this time, NMFS has not determined that the provisions of 
Amendment 7 that this proposed rule would implement are consistent with 
the national standards, other provisions of the Magnuson-Stevens Act, 
and other applicable laws. In making that final determination, NMFS 
will take into account the data, views, and comments received during 
the comment period.
    This proposed 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 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 Stone Crab FMP utilizes a cooperative management system 
with the State of Florida to ensure more effective management of the 
fishery.
    The proposed rule would: recognize, but not require, Florida's 
stone crab licenses and trap tags for vessels operating in the 
management area; establish a Federal program to issue non-
transferable (except to another vessel owned by the same person or 
entity) vessel permits, trap certificates, and trap tags for EEZ use 
only; provide opportunity for persons who could not or chose not to 
obtain the Florida vessel licence to apply for the Federal vessel 
permit; and would establish a Federal appeals process for those 
denied a Federal permit.
    Establishing a Federal stone crab trap limitation program in 
conjunction with the state program will help alleviate the current 
problem of overcapitalization. It is expected that most of the 
current participants in the fishery will continue to remain at 
current levels of landings and income. Due to the non-
transferability provision under the Federal program, reduction in 
the number of traps in the fishery will take place over several 
years through attrition. Under the state program, trap reduction 
will occur as trap certificates are transferred, since the number of 
trap certificates obtained by the purchaser is reduced by a 
particular percentage each time a transfer takes place. The target 
level of 600,000 traps is believed to be sufficient to harvest the 
maximum sustainable yield, but also reduces overcapitalization. 
Thus, retail prices and operator income are not expected to be 
negatively affected by the trap reduction, and some savings may be 
expected to accrue to operators because of lower gear expenses. In 
addition, the proposed rule is expected to

[[Page 42747]]

further enhance state/Federal management efficiencies, including law 
enforcement.
    According to a recent NMFS economics report, the number of 
fishing craft (vessels and boats) engaged in the stone crab fishery 
averaged 720 annually for the period 1985 through 1994. These 
fishing craft were operated by an average of 1,425 persons annually. 
The fishing craft consisted of vessels (fishing craft greater than 5 
net tons) and boats. Averaged annually, 234 vessels were operated by 
590 fishermen and 486 boats were operated by 837 fishermen. Of the 
total number of fishermen, 1034 were full-time participants 
(deriving 50 percent or more of their incomes from fishing) while 
392 were part-time participants. In 1994, participation reached its 
maximum level at 2,852 fishermen.
    Generally, a fish harvesting business is considered a small 
business if it is independently owned and operated and not dominant 
in its field operation, and if it has annual receipts not in excess 
of $3.5 million. Although there are several fleet operations in the 
stone crab fishery, none of these operations may be considered 
dominant in the harvesting sector. In this case, the gross receipts 
criterion may be used to define small business.
    Business operations in the stone crab fishery consist solely of 
small business entities. Support for this conclusion is based on the 
following facts. The highest ex-vessel gross revenue produced by the 
fishery in a year was $31.9 million in 1997. Even if we assume all 
landings were made only by the 234 participating vessels (the 
average number of vessels for 1985-1994), and, thus, disregard the 
486 boats, the average gross revenue would amount to only $136,000 
per entity. Thus, even under this restrictive assumption, business 
operations in the stone crab fishery clearly fit the definition of 
small business entities.
    The number of participants that will apply and qualify for a 
Federal stone crab vessel permit is impossible to determine with 
exact certainty. However, it is expected to be very few, if any, for 
the following reasons. All or almost all stone crab fishermen on 
Florida's west coast who could qualify for a Federal vessel permit 
could also qualify for the state's stone crab endorsement. 
Applicants who cannot meet the landings requirement would be 
ineligible for a Federal permit. With the low poundage requirement 
for eligibility (300 pounds in either the 1995/96, 1996/97, or 1997/
98 fishing seasons), the loss to these non-qualifiers would be less 
than $2500 per year, assuming their average annual production was 
less than the qualifying poundage and $8.25 per pound of stone crab 
claws (the 2000 average price). Non-qualification for the poundage 
requirement likely indicates the absence of dependence upon this 
fishery by these participants. The nature of the state and Federal 
programs, and the specifics of how the fishery operates, however, 
indicates that there is little expectation that a participant would 
apply for the Federal permit and be denied.
    Even though no applicants are expected to be denied the Federal 
permit, on the possibility that such a denial occurs, these 
ineligible applicants would also have equal opportunity to enter the 
stone crab fishery through the transfer provisions specified in the 
Florida program, and access to fishing in the EEZ since 
participation in the Florida program will allow fishing in the EEZ, 
provided that previous fishing violations or other pertinent state 
or Federal laws would not prohibit such transfers and subsequent 
entry into state or federally managed fisheries. Such entry, 
however, will require the additional initial purchase costs of the 
permit, certificates, and tags. The eventual cost of these items is 
not known, however the development of a market will demonstrate the 
perceived economic viability of entry into the fishery via purchase. 
Further, the permits, certificates and tags will constitute saleable 
assets that should have lasting if not increasing resale value over 
time.
    The state permit appears to be much more desirable because the 
state program allows more flexibility. Specifically, vessels in the 
state program may fish in both state and Federal waters whereas 
Federal permit holders would be restricted to fishing in the EEZ. 
Given the fact that, currently, about 55 percent of stone crab 
landings and nearly 75 percent of stone crab trips are taken in 
state waters, such a restriction would obviously not be desirable 
from a fisherman's perspective. Further, and even more importantly, 
state trap certificates are transferable to other entities while 
Federal permits, trap certificates, and tags are not. As such, the 
Federal permits and trap certificates would possess no market value 
whereas state trap certificates should have a positive market value, 
assuming that a demand for such certificates exists. Finally, in the 
16 years during which persons or entities could apply for a Federal 
permit if they did not qualify for a state permit, no applications 
were received for the Federal permits. In fact, other than Florida 
fishermen who, for unknown reasons, qualified but did not apply for 
the Florida endorsement/tags or who applied but were denied the 
Florida endorsement/tags (though these fishermen would likely not 
qualify for the Federal vessel permit either), the only persons or 
entities that might conceivably apply for Federal permits and trap 
certificates would be fishermen that caught stone crab in waters off 
the west coast of Florida, but landed them in another state because 
they lacked a Florida Saltwater Products License. Though it is not 
presently possible to discern how many fishermen might fall into 
this set of circumstances, the number is likely very small because 
of the long traveling distance to the fishing grounds from other 
states and the relatively slow speeds at which these vessels travel, 
both of which would contribute to relatively high operational costs. 
Further, there is a need to get the product to market as quickly as 
possible in order to obtain decent market prices, avoid product 
spoilage, and thus generate reasonable revenues. In other words, 
such operations are quite unlikely to be profitable and, thus, 
highly unlikely to occur.
    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 boats and vessels and a few fishermen 
own more than one fishing craft, 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? Most 
fishing businesses currently engaged in the stone crab fishery are 
expected to experience no impacts to their profits as a result of 
this rule, primarily because the vast majority are expected to 
qualify under and participate in the state program and not become 
involved with the Federal program. Thus, these entities will not 
experience any significant and adverse economic impacts as a result 
of this rule.
    However, should a few fishermen actually apply and qualify for 
the Federal permit, this small group of entities could be 
significantly and adversely affected. As previously explained, the 
Federal program has provisions that not only differ from but are 
likely economically disadvantageous relative to the state of Florida 
program. For example, revenues and profits earned from landings in 
state waters would be unavailable to Federal permit holders. Again, 
the extent of such revenues and profits to non-Florida fishing craft 
is unknown. Additional costs must be absorbed by the Federal permit 
holder which consist of the cost of the permit (about $50 per 
vessel) and trap tags (approximately $1.10 per tag). Under the state 
program, 1132 persons are expected to qualify for approximately 1.3 
million trap certificates, which means that each person would 
possess approximately 1150 traps, certificates, and trap tags on 
average. Assuming that those persons qualifying under the Federal 
program would be similarly situated, the cost of the Federal permit 
and trap tags would be approximately $1315. Given approximate 
maximum average annual revenues of $136,000 per entity, these costs 
alone would represent approximately 1 percent of gross revenues. 
Since operational costs must be positive and, thus, profits must be 
less than $136,000 per entity on average, permit and tag costs as a 
percentage of profits must be even greater than 1 percent. When 
combined with the potential loss of revenues and profits from 
landings in state waters, substantial and adverse economic impacts 
may accrue to a very small number of entities.
    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 Office of Management and Budget 
(OMB) Control Number.
    This proposed rule contains five collection-of-information 
requirements subject to the PRA. Three of the collection-of-information 
requirements

[[Page 42748]]

are new--documentation of stone crab landings, a commercial vessel 
permit application, and information to support an appeal of a denial of 
eligibility for a commercial vessel permit. These collection-of-
information requirements have been submitted to OMB for approval. The 
other two collection-of-information requirements, vessel and gear 
identification, have been approved by OMB under control numbers 0648-
0358 and 0648-0359, respectively. Public reporting burdens for these 
five collection-of-information requirements are estimated to average 2 
hours, 20 minutes, 5 hours, 45 minutes, and 7 minutes per response, 
respectively, 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 these burden estimates, or any other aspect of the data 
collection requirements, including suggestions for reducing the burden, 
to NMFS and OMB (see ADDRESSES).
    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 has 
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.

List of Subjects in 50 CFR Part 654

    Fisheries, Fishing.

    Dated: June 19, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National; Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 654 is 
proposed to be amended as follows:

PART 654--STONE CRAB FISHERY OF THE GULF OF MEXICO

    1. The authority citation for part 654 continues to read as 
follows:

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

    2. In Sec. 654.2, the definition of ``Regional Director'' is 
removed; a definition of ``Regional Administrator'' is added in 
alphabetical order; and the definition of ``Stone crab'' is revised to 
read as follows:


Sec. 654.2  Definitions.

* * * * *
    Regional Administrator (RA) for the purposes of this part, means 
the Administrator, Southeast Region, NMFS, 9721 Executive Center Drive 
N., St. Petersburg, FL 33702, or a designee.
    Stone crab means Menippe mercenaria, M. adina, or their 
interbreeding hybrids, or a part thereof.


Sec. 654.3  [Amended]

    3. In Sec. 654.3, paragraph (d) is removed.

    4. Section 654.4 is revised to read as follows:


Sec. 654.4  Trap limitation program.

    The provisions of this section establish a Federal stone crab trap 
limitation program in the management area that complements the stone 
crab trap limitation program implemented by the Florida Fish and 
Wildlife Conservation Commission (FFWCC). The Federal program requires 
issuance of a commercial vessel permit, a trap certificate, and annual 
trap tags. A person in the management area who is in compliance with 
the FFWCC trap limitation program is exempt from the requirements of 
the Federal trap limitation program specified in this section.
    (a) Commercial vessel permit requirements. Effective October 1, 
2002, for a person aboard a vessel, except a person who is in 
compliance with the FFWCC stone crab trap limitation program, to 
possess or use a stone crab trap, possess more than 1 gallon (4.5 L) of 
stone crab claws, or sell stone crab claws in or from the management 
area, a valid Federal commercial vessel permit for stone crab must have 
been issued to the vessel and must be on board.
    (1) Eligibility for a commercial vessel permit. The owner of a 
vessel is eligible to receive a Federal commercial vessel permit for 
stone crab if the owner provides documentation as specified in 
paragraph (a)(2) of this section substantiating his or her landings of 
a minimum of 300 lb (136 kg) of stone crab claws harvested from the 
management area or Florida's state waters during at least one of the 
stone crab fishing seasons, October 15 through May 15, for 1995/1996 
through 1997/1998. A person who has a valid stone crab trap certificate 
issued under the stone crab trap limitation program implemented by the 
FFWCC or a person whose Florida saltwater products license (SPL) has 
been suspended or revoked is not eligible for a Federal commercial 
vessel permit for stone crab.
    (2) Documentation of eligibility for a commercial vessel permit. 
The only acceptable source of documentation of stone crab claws landed 
in Florida is landings documented by the Florida trip ticket system. To 
be creditable toward the 300-lb (136-kg) minimum qualifying landings, 
Florida landings must be associated with a single Florida SPL. Landings 
of stone crab harvested from the management area or Florida's state 
waters but landed in a state other than Florida may be documented by 
dealer records. Such dealer records must definitively show the species 
known as stone crab and must include the vessel's name, official 
number, or other reference that provides a way of clearly identifying 
the vessel; dates and amounts of stone crab landings; and a sworn 
affidavit by the dealer confirming the accuracy and authenticity of the 
records. A sworn affidavit is an official written statement wherein the 
individual signing the affidavit affirms that the information presented 
is accurate and can be substantiated, under penalty of law. 
Documentation of landings are subject to verification by comparison 
with state, Federal, and other records and information. Submission of 
false documentation is a violation of the regulations in this part and 
may disqualify the owner from participation in the fishery.
    (3) Application for a commercial vessel permit. Applications for a 
commercial vessel permit for stone crab are available from the RA. A 
vessel owner (in the case of a corporation, an officer or shareholder; 
in the case of a partnership, a general partner) who desires such a 
permit must submit an application, including documentation of stone 
crab landings as specified in paragraphs (a)(1) and (2) of this 
section, to the RA postmarked or hand-delivered not later than 90 days 
after the effective date of the final rule that contains this paragraph 
(a)(1)(3). Failure to apply in a timely manner will preclude permit 
issuance even when the vessel owner meets the eligibility criteria for 
such permit.
    (i) An applicant must provide the following:
    (A) A copy of the vessel's valid USCG certificate of documentation 
or, if not documented, a copy of its valid state registration 
certificate.
    (B) Vessel name and official number.
    (C) Name, address, telephone number, and other identifying 
information of the vessel owner.
    (D) Documentation of eligibility as specified in paragraphs (a)(1) 
and (2) of this section.
    (E) The applicant's desired color code for use in identifying his 
or her vessel and buoys (white is not an acceptable color code).
    (F) Number of traps authorized under Sec.  654.4(b) that will be 
used and trap dimensions.

[[Page 42749]]

    (G) Any other information concerning the vessel, gear 
characteristics, principal fisheries engaged in, or fishing areas, if 
specified on the application form.
    (H) Any other information that may be necessary for the issuance or 
administration of the permit, if specified on the application form.
    (ii) [Reserved]
    (4) Notification of incomplete application. Upon receipt of 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.
    (5) Change in application information. The owner of a vessel with a 
commercial vessel permit must notify the RA within 30 days after any 
change in the application information specified in paragraph (a)(3)(i) 
of this section. The permit is void if any change in the information is 
not reported within 30 days.
    (6) Initial commercial vessel permit issuance. (i) The RA will 
issue an initial commercial vessel permit for stone crab to an 
applicant if the applicant submits a complete application that complies 
with the requirements of paragraphs (a)(1), (2), and (3) of this 
section. An application is complete when all requested forms, 
information, and documentation have been received.
    (ii) If the eligibility requirements specified in paragraphs (a)(1) 
and (2) of this section are not met, the RA will notify the vessel 
owner of such determination and the reasons for it not later than 30 
days after receipt of the application.
    (7) Appeal of initial denial of a commercial vessel permit--(i) 
General procedure. An applicant for a commercial vessel permit for 
stone crab who has complied with the application procedures in 
paragraph (a)(3) of this section and who initially has been denied such 
permit by the RA may appeal that decision to the RA. The appeal must be 
postmarked or hand-delivered to the RA not later than 60 days after the 
date of notification of the initial denial. An appeal must be in 
writing and must include copies of landing records relating to 
eligibility, such other reliable evidence upon which the facts related 
to issuance can be resolved, and a concise statement of the reasons the 
initial denial should be reversed or modified. An appeal constitutes 
the applicant's written authorization under Sec. 402(b)(1)(F) of the 
Magnuson-Stevens Act for the RA to make available to the appellate 
officer(s) such confidential landings and other records as are 
pertinent to the matter under appeal. The applicant may request a 
hearing. The RA will appoint one or more appellate officers to review 
the appeal and make recommendations to the RA. The appellate officer(s) 
may recommend that the RA deny the appeal, issue a decision on the 
merits of the appeal if the records are sufficient to reach a final 
judgement, or conduct a hearing. The RA may affirm, reverse, modify, or 
remand the appellate officer(s) recommendation.
    (ii) Hearings. If the RA determines that a hearing is necessary and 
appropriate, the RA or appellate officer(s) will notify the applicant 
of the place and date of the hearing. The applicant will be allowed 30 
days after the date of the notification of the hearing to provide 
supplementary documentary evidence in support of the appeal.
    (8) Duration of a commercial vessel permit. A commercial vessel 
permit remains valid for the period specified on it unless it is 
revoked, suspended, or modified pursuant to subpart D of 15 CFR part 
904 or the vessel is sold.
    (9) Transferability of a commercial vessel permit. A commercial 
vessel permit issued under this section is not transferable or 
assignable, except that an owner of a permitted vessel may request that 
the RA transfer the permit to another vessel owned by the same entity. 
To effect such a transfer, the owner must return the existing permit to 
the RA along with an application for a commercial vessel permit for the 
replacement vessel. A commercial vessel permit or trap certificate can 
not be leased.
    (10) Renewal of a commercial vessel permit. A commercial vessel 
permit required by this section is issued on an annual basis. An owner 
whose permit is expiring will be mailed a notification by the RA 
approximately 2 months prior to expiration of the current permit. The 
notification will include a preprinted renewal application. A vessel 
owner who does not receive a notification of status of renewal of a 
permit by 45 days prior to expiration of the current permit must 
contact the RA. A permit that is not renewed or that is revoked will 
not be reissued. A permit is considered to be not renewed when an 
application for renewal is not received by the RA within 1 year of the 
expiration date of the permit.
    (11) Display of a commercial vessel permit. A commercial vessel 
permit issued under this section must be carried on board the vessel. 
The operator of a vessel must present the permit for inspection upon 
the request of an authorized officer.
    (12) Sanctions and denials of a commercial vessel permit. A 
commercial vessel permit issued pursuant to this section may be 
revoked, suspended, or modified, and a permit application may be 
denied, in accordance with the procedures governing enforcement-related 
permit sanctions and denials found at subpart D of 15 CFR part 904.
    (13) Alteration of a commercial vessel permit. A commercial vessel 
permit that is altered, erased, or mutilated is invalid.
    (14) Replacement of a commercial vessel permit. A replacement 
permit may be issued. An application for a replacement permit is not 
considered a new application.
    (15) Fees. A fee is charged for each application for initial 
issuance or renewal of a permit, for each request for replacement of 
such permit, and for each trap tag as required under this section. The 
amount of each fee is 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 is specified with each application form. The 
appropriate fee must accompany each application, request for 
replacement, or request for trap tags.
    (b) Issuance of a trap certificate and annual trap tags. The RA 
will issue a trap certificate and annual trap tags to each person who 
has been issued a Federal commercial vessel permit for stone crab. The 
number of trap tags issued will be determined, based upon the 
documentation of landings submitted consistent with Sec.  654.4(a)(1), 
(2) and (3), by dividing that person's highest landings of stone crab 
claws during any one of the fishing seasons for 1995/1996, 1996/1997, 
or 1997/1998 by 5 lb (2.27 kg).

    5. In Sec. 654.6, introductory text is added and paragraphs (a) and 
(b) are revised to read as follows:


Sec. 654.6  Vessel and gear identification.

    An owner or operator of a vessel for which a valid Federal 
commercial vessel permit for stone crab has been issued must comply 
with the vessel and gear identification requirements of this section. 
An owner or operator of a vessel in the management area who is in 
compliance with the stone crab trap limitation program and vessel and 
gear marking requirements implemented by the FFWCC is exempt from the 
requirements of this section.
    (a) Vessel identification. An owner or operator of a vessel for 
which a valid

[[Page 42750]]

Federal commercial vessel permit for stone crab has been issued must--
    (1) Display the vessel's official number. (i) On the port and 
starboard sides of the deckhouse or hull and, for vessels over 25 ft 
(7.6 m) long, on an appropriate weather deck, so as to be clearly 
visible from an enforcement vessel or aircraft.
    (ii) In block arabic numerals permanently affixed to or painted on 
the vessel in contrasting color to the background.
    (iii) At least 18 inches (45.7 cm) in height for vessels over 65 ft 
(19.8 m) long; at least 10 inches (25.4 cm) in height for vessels over 
25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in height for 
vessels 25 ft (7.6 m) long or less.
    (2) Display the color code assigned by the RA. (i) On the port and 
starboard sides of the deckhouse or hull and, for vessels over 25 ft 
(7.6 m) long, on an appropriate weather deck, so as to be clearly 
visible from an enforcement vessel or aircraft.
    (ii) In the form of a circle permanently affixed to or painted on 
the vessel.
    (iii) At least 18 inches (45.7 cm) in diameter for vessels over 65 
ft (19.8 m) long; at least 10 inches (25.4 cm) in diameter for vessels 
over 25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in diameter for 
vessels 25 ft (7.6 m) long or less.
    (3) Keep the official number and the color code clearly legible and 
in good repair and ensure that no part of the fishing vessel, its 
rigging, fishing gear, or any other material on board obstructs the 
view of the official number or the color code from an enforcement 
vessel or aircraft.
    (b) Gear identification. (1) Traps. A stone crab trap used by or 
possessed on board a vessel with a Federal commercial vessel permit for 
stone crab must have a valid annual trap tag issued by the RA attached.
    (2) Trap buoys. A buoy must be attached to each stone crab trap or 
at each end of a string of traps. Each buoy must display the official 
number and the color code assigned by the RA so as to be easily 
distinguished, located, and identified.
    (3) Presumption of trap ownership. A stone crab trap will be 
presumed to be the property of the most recently documented owner. This 
presumption will not apply to traps that are lost if the owner reports 
the loss within 15 days to the RA.
    (4) Unmarked traps or buoys. An unmarked stone crab trap or a buoy 
deployed in the EEZ where such trap or buoy is required to be marked is 
illegal and may be disposed of in any appropriate manner by the 
Assistant Administrator or an authorized officer.

    6. In Sec. 654.7, paragraphs (a) and (g) are revised and paragraphs 
(o) and (p) are added to read as follows:


Sec. 654.7  Prohibitions.

* * * * *
    (a) Falsify or fail to display and maintain vessel and gear 
identification, as required by Sec. 654.6.
* * * * *
    (g) Use or possess in the management area a stone crab trap that 
does not comply with the trap construction requirements as specified in 
Sec. 654.22(a).
* * * * *
    (o) Except for a person who is in compliance with the FFWCC stone 
crab trap limitation program, possess or use a stone crab trap, possess 
more than 1 gallon (4.5 L) of stone crab claws, or sell stone crab 
claws in or from the management area without a commercial vessel permit 
as specified in Sec.  654.4(a).
    (p) Falsify information on an application for a commercial vessel 
permit or submitted in support of such application as specified in 
Sec.  654.4(a)(1) or (2).

    7. Section 654.8 is revised to read as follows:


Sec. 654.8  Facilitation of enforcement.

    See Sec. 600.730 of this chapter.

    8. Section 654.9 is revised to read as follows:


Sec. 654.9  Penalties.

    See Sec. 600.735 of this chapter.

Secs. 654.20, 654.25, 654.26, 654.27 [Amended]

    9. In 50 CFR part 654 remove the words ``Regional Director'' and 
add in their place, the words, ``Regional Administrator'' in the 
following places:
    (a) Section 654.20(b)(2)(i);
    (b) Section 654.25(b);
    (c) Section 654.26; and
    (d) Section 654.27.

Secs. 654.1, 654.2, 654.7 [Amended]

    10. In 50 CFR part 654 remove the words ``Magnuson Act'' and add in 
their place, the words, ``Magnuson-Stevens Act'' in the following 
places:
    (a) Section 654.1(a);
    (b) Section 654.2 introductory text; and
    (c) Section 654.7(n).
[FR Doc. 02-15995 Filed 6-24-02; 8:45 am]
BILLING CODE 3510-22-S