[Federal Register Volume 67, Number 192 (Thursday, October 3, 2002)]
[Rules and Regulations]
[Pages 61990-61993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24945]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 654

[Docket No. 020606141-2212-02; 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: Final rule.

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SUMMARY: NMFS issues this final rule to implement Amendment 7 to the 
Fishery Management Plan for the Stone Crab Fishery of the Gulf of 
Mexico (FMP). This final rule establishes 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 complements the stone crab 
trap limitation program implemented by the Florida Fish and Wildlife 
Conservation Commission (FFWCC). The Federal program recognizes 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 meets the 
Federal eligibility requirements and who does not possess the license 
and trap certificates required by the FFWCC could be issued a Federal 
vessel permit, a trap certificate, and trap tags valid in the EEZ only. 
Amendment 7 also revises 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 effect is to establish a Federal program that complements 
and enhances the effectiveness of the FFWCC's trap limitation program 
and, thereby, helps to reduce overcapitalization in the stone crab 
fishery.

DATES: This final rule is effective November 4, 2002, except for 
amendments to Sec.  654.4 (a), which is effective December 2, 2002.

ADDRESSES: Comments regarding the collection-of-information 
requirements contained in this final 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).
    Copies of a supplemental environmental assessment and an expanded 
Finding of No Significant Impact statement, prepared by NMFS, are 
available from the Southeast Regional Office, NMFS, 9721 Executive 
Center Drive N., St. Petersburg, FL 33702; telephone: 727-570-5305; 
fax: 727-570-5583.

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.
    On April 18, 2002, NMFS announced the availability of Amendment 7 
and requested public comment on it (67 FR 19155). A proposed rule to 
implement the measures in Amendment 7, with a request for comments, was 
published on June 25, 2002 (67 FR 42744). NMFS approved the amendment 
on July 17, 2002. The background and rationale for the measures in the 
amendment and proposed rule are contained in the preamble to the 
proposed rule and are not repeated here.

Comments and Responses

    NMFS received two comments from the FFWCC on the proposed rule.
    Comment: The FFWCC's first comment expressed support for the 
proposed rule and urged that NMFS implement the rule as soon as 
possible. The FFWCC subsequently submitted a comment requesting that 
the rule be revised to clarify explicitly that transfer of trap 
certificates and trap tags is prohibited, except for use on another 
vessel owned by the same entity that qualified for them.
    Response: NMFS has revised Sec.  654.4(a)(9), consistent with the 
intent of the proposed rule, that trap certificates and annual trap 
tags are not transferable or assignable, except that an owner of a 
permitted vessel may request that they be transferred for use on 
another vessel owned by the same entity. NMFS will implement the trap 
limitation program specified in this final rule as soon as possible, 
consistent with providing a reasonable time period for permit 
application and issuance of permits, certificates, and trap tags.

[[Page 61991]]

Change From the Proposed Rule

    In Sec.  654.3, paragraph (a) has been revised to correct the 
outdated cross reference to Sec.  620.3, which should read Sec.  
600.705, and to eliminate the cross reference to paragraph (d) which is 
removed by this final rule.
    In Sec.  654.4(a), introductory text, the effective date for the 
permit requirement has been revised to read 60 days after date of 
publication in the Federal Register rather than October 1, 2002. It was 
not possible to publish this final rule in time to accommodate permit 
application and issuance procedures prior to the previous October 1, 
2002 deadline.
    As described above, Sec.  654.4(a)(9) has been revised to clarify, 
consistent with the intent of the proposed rule, that trap certificates 
and annual trap tags are not transferable or assignable, except that an 
owner of a permitted vessel may request that they be transferred for 
use on another vessel owned by the same entity.

Classification

    The Administrator, Southeast Region, NMFS determined that Amendment 
7, which this final rule implements, is necessary for the conservation 
and management of the stone crab fishery of the Gulf of Mexico and that 
it is consistent with the Magnuson-Stevens Act and other applicable 
laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the proposed rule for this action would not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for the certification was published in the proposed 
rule. No comments were received regarding the economic impacts of this 
action. As a result, no regulatory flexibility analysis was 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 rule contains five collection-of-information requirements 
subject to the PRA. Three of the collection-of-information requirements 
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 approved by OMB under OMB control 
number 0648-0205. 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).

List of Subjects in 50 CFR Part 654

    Fisheries, Fishing, Incorporation by reference.

    Dated: September 25, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 654 is amended 
as follows:

50 CFR Chapter VI

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.

    3. In Sec.  654.3, paragraph (d) is removed and paragraph (a) is 
revised to read as follows:


Sec.  654.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in Sec.  
600.705 of this chapter and paragraphs (b) and (c) of this section.
* * * * *

    4. In Sec.  654.4, the section heading is revised and text is added 
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 December 2, 
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

[[Page 61992]]

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 January 
31, 2003. 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.
    (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 section 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, trap 
certificate, or annual trap tags. A commercial vessel permit, trap 
certificate, or annual trap tags issued under this section are not 
transferable or assignable, except that an owner of a permitted vessel 
may request that the RA transfer the permit, trap certificate, and 
annual trap tags to another vessel owned by the same entity. To effect 
such a transfer, the owner must return the existing permit, trap 
certificate and annual trap tags to the RA along with an application 
for a commercial vessel permit for the replacement vessel. A commercial 
vessel permit, trap certificate or annual trap tags 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.

[[Page 61993]]

    (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 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 (p) and (q) 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).
* * * * *
    (p) 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).
    (q) 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.


Sec. Sec.  654.1, 654.2, 654.7  [Amended]

    9. 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).


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

    10. 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.
[FR Doc. 02-24945 Filed 10-2-02; 8:45 am]
BILLING CODE 3510-22-S