[Federal Register Volume 68, Number 11 (Thursday, January 16, 2003)]
[Rules and Regulations]
[Pages 2188-2196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1014]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 622

[Docket No. 020816198-2315-02; I.D. 071202A]
RIN 0648-AP41


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Fishery Management Plan for the Shrimp Fishery off the Southern 
Atlantic States; Amendment 5

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 5 to the 
Fishery Management Plan for the Shrimp Fishery off the Southern 
Atlantic States (FMP). This final rule establishes a limited access 
program for the rock shrimp fishery in the exclusive economic zone 
(EEZ) off Georgia and off the east coast of Florida (limited access 
area), establishes a minimum mesh size for a rock shrimp trawl net in 
the limited access area, requires the use of an approved vessel 
monitoring system (VMS) by vessels allowed to fish for rock shrimp in 
the limited access program, and requires an operator of a vessel in the 
rock shrimp fishery in the EEZ off the southern Atlantic states (North 
Carolina through the east coast of Florida) to have an operator permit. 
In addition, NMFS informs the public of the approval by the Office of 
Management and Budget (OMB) of the collection-of-information 
requirements contained in this final rule and publishes the OMB control 
numbers for those collections. The intended effects of this final rule 
are to minimize additional increases in harvesting capacity in the rock 
shrimp fishery; reduce the bycatch of small, unmarketable rock shrimp; 
enhance compliance with fishery management regulations; improve 
protection of essential fish habitat, including an area that contains 
the last 20 acres (8 hectares) of intact Oculina coral remaining in the 
world; and ensure the long-term economic viability of the rock shrimp 
industry.

DATES: This final rule is effective February 18, 2003.

ADDRESSES: Comments regarding the collection-of-information 
requirements contained in this final rule should be sent to Robert 
Sadler, Southeast Regional Office, NMFS, 9721 Executive Center Drive 
N., St. Petersburg, FL 33702, and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Washington, 
DC 20503 (Attention: NOAA Desk Officer).
    Copies of the final regulatory flexibility analysis (FRFA) may be 
obtained from the Southeast Regional Office, NMFS, 9721 Executive 
Center Drive N., St. Petersburg, FL 33702.

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

SUPPLEMENTARY INFORMATION: The shrimp fishery off the southern Atlantic 
states is managed under the FMP. The FMP was prepared by the South 
Atlantic 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 
622.
    NMFS approved Amendment 5 on October 23, 2002. NMFS published a 
proposed rule to implement Amendment 5 and requested comments on the 
proposed rule through October 21, 2002 (67 FR 56516, September 4, 
2002). The rationale for the measures in

[[Page 2189]]

Amendment 5 is provided in the preamble to the proposed rule and is not 
repeated here.

Comments and Responses

    NMFS received seven comments, from three individuals and the 
Council, on the proposed rule (67 FR 56516, September 4, 2002). A 
summary of the comments received and NMFS' responses follows.
    Comment 1: A vessel owner reported that she had fished for rock 
shrimp in the 1980's and helped to build the market for rock shrimp. 
She believes that she should be eligible for a permit even though she 
did not meet the eligibility requirements.
    Response: The public was notified on April 4, 1994, that the South 
Atlantic Council was considering a limited access program for the rock 
shrimp fishery and that anyone entering the fishery after April 4, 
1994, might not be assured of future participation in the fishery if a 
limited entry management regime were implemented. Since then, there is 
evidence that the fishery has become overcapitalized. For example, 
although the current estimate for optimum yield is 6.83 million lb 
(3.10 million kg), as many as 400 vessels have obtained a rock shrimp 
permit. The Advisory Panel of the Council believes that the fishery can 
support, at most, no more than 150 vessels, and it is evident that a 
much smaller number of vessels could take the annual harvest in most 
years. For these reasons, the Council limited access to the fishery to 
participants who could demonstrate that they had landed at least 15,000 
lb (6,804 kg) of rock shrimp in any one calendar year between 1996 and 
2000.
    Comment 2: One fisherman and one vessel owner opposed the VMS 
requirement. They believe that the government should pay for the VMS 
system and that the VMS system was not needed. Also, they reported that 
they wanted to split trips between rock and penaeid shrimp without 
having to unload their rock shrimp catch before they could fish for 
penaeid ``soft'' shrimp.
    Response: There is considerable evidence that illegal trawling by 
rock shrimp vessels has resulted in extensive damage to Oculina 
habitat. Further, national standard 9 of the Magnuson-Stevens Act 
requires that conservation and management measures shall, to the extent 
practicable, minimize bycatch. The use of an approved VMS will minimize 
inadvertent, as well as deliberate, trawling in protected Oculina 
habitat areas because vessel captains will know precisely the location 
of protected areas and will be informed that trawling in such areas is 
prohibited. It should be noted that vessels with an approved VMS system 
will be able to split trips between rock and penaeid shrimp trips 
without having to land either type of shrimp first. The VMS will enable 
vessel owners to monitor vessel operations which should result in safer 
and more efficient fishing operations that will benefit the crew as 
well as the vessel owner.
    Comment 3: One fisherman and one vessel owner opposed the limited 
access program for the rock shrimp fishery. They believe that fishing 
is a right that all Americans should be able to exercise.
    Response: The Magnuson-Stevens Act mandates that fishery resources 
should be managed on a sustainable basis so that an optimal yield can 
be obtained. As noted earlier, there is evidence that 
overcapitalization has occurred in the rock shrimp fishery and, at 
most, no more than 150 vessels should be allowed to participate in the 
fishery. It is clear that the rock shrimp resource is limited and that 
an optimum economic yield is unlikely if open access to the fishery 
continues. As such, a limited access program is appropriate because it 
is prudent and reasonable to limit fishing pressure to the level which 
the resource can support without overfishing and without allowing the 
cost of fishing to exceed the revenues obtained by selling the catch.
    Comment 4: One vessel owner opposed the minimum mesh size 
requirement.
    Response: There is empirical evidence that the use of minimum mesh 
sizes less than 1 7/8 inches (4.76 cm) will result in an excessive 
catch of smaller, less valuable shrimp. It is believed that allowing 
shrimp to grow larger will result in more income to fishermen as well 
as a more attractive product for consumers. Also, the use of larger 
mesh should result in less bycatch of juvenile fish and other 
invertebrates. For this reason, the Council proposed and NMFS approved 
the 1 7/8-inch (4.76-cm) minimum mesh size.
    Comment 5: One vessel owner did not want individuals to have to 
take a test to obtain a rock shrimp operator permit.
    Response: NMFS will not require any performance or competency test 
to obtain an operator permit.
    Comment 6: The Council's Habitat and Environmental Protection and 
Coral, Coral Reef and Live/Hard Bottom Habitat Advisory Panels endorsed 
the management measures in Amendment 5, especially the VMS and operator 
permit requirements and urged that these measures be implemented as 
soon as possible.
    Response: NMFS agrees.
    Comment 7: The Council commented in support of the management 
measures proposed in Amendment 5.
    Response: NMFS agrees.

Classification

    The Administrator, Southeast Region, NMFS, determined that 
Amendment 5 is necessary for the conservation and management of the 
South Atlantic rock shrimp fishery 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.
    NMFS prepared a final regulatory flexibility analysis (FRFA) that 
describes the impact this proposed rule, if adopted, would have on 
small entities. The analysis is summarized as follows.
    The Magnuson-Stevens Act provides the statutory basis for the rule. 
The objective of the final rule is to minimize additional increases in 
harvesting capacity in the rock shrimp fishery; reduce the bycatch of 
small, unmarketable rock shrimp; enhance compliance with fishery 
management regulations; improve protection of essential fish habitat; 
and ensure the long-term economic viability of the rock shrimp fishery. 
The final rule will: establish a limited access program for the rock 
shrimp fishery in the EEZ off Georgia and off the east coast of Florida 
(limited access area); establish a minimum mesh size for a rock shrimp 
trawl net in the limited access area; require the use of an approved 
VMS by vessels allowed to fish for rock shrimp in the limited access 
program; and, require an operator of a vessel in the rock shrimp 
fishery in the EEZ off the southern Atlantic states to have an operator 
permit.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified.
    No comments were received regarding the economic impact of this 
final rule.
    The number of vessels with permits for the South Atlantic rock 
shrimp fishery varies from year to year but has not exceeded 431. Since 
permits were required in the fishery in 1996, at least 540 different 
vessels have been permitted in the fishery. Similarly, the number of 
vessels that have landed rock shrimp varies from year to year. In 1996, 
the number of active vessels reached an historical peak of 153. From 
1996 through 2000, at least 279 different vessels have recorded 
landings of South Atlantic rock shrimp. All of these

[[Page 2190]]

vessels are commercial vessels; there is no recreational component of 
the fishery. All of the commercial vessels that have been permitted in 
the fishery will be affected by this final rule. Based on the Small 
Business Administration's current definition of a small entity in the 
fish harvesting sector (annual gross revenues not exceeding $3.5 
million), the vast majority of these vessels are small entities. One 
company did own as many as 12 permitted vessels during the 1996-2000 
time period. None of these vessels were active in the fishery during 
these years, and this company had zero landings and gross revenues from 
the fishery during these years. However, data on the company's 
operations in other fisheries have led to a determination that this 
company is a large entity. To maintain confidentiality, additional, 
detailed information regarding this company's operations cannot be 
provided.
    At least 111 small entities (vessels) that have been active in the 
fishery are not expected to qualify for the limited access permit and 
could experience some short-term loss in revenue resulting from 
limiting access in the South Atlantic rock shrimp fishery off Georgia 
and Florida. The average loss in gross revenue per vessel would be 
expected to be no larger than $1,365 annually in the short term. 
Vessels that entered the fishery in 2001 could experience higher losses 
in average revenue, though data are not presently available to make 
such a determination. However, it is expected that some of these 
vessels may mitigate this loss by participating in other fisheries. 
Because information is not available on these vessels' economic 
dependence on the rock shrimp fishery, it is not possible to calculate 
the impact of limited access on their profitability. Since the single, 
large entity earned zero gross revenues from the fishery, no measurable 
economic impact would be imposed on this entity as a result of this 
action. Further, this entity would not be subject to other actions only 
applicable to limited access permit holders, and thus would not be 
affected by those actions.
    For the 168 vessels expected to qualify for limited access permits, 
each would be required to pay a $50 fee per permit application. In 
addition, a time burden would be imposed as a result of having to apply 
for the limited access permit. The time burden for completing the 
application is estimated at 20 minutes. According to 2000 data from the 
Bureau of Labor Statistics, the average hourly wage for first-line 
supervisors/managers in the fishing, forestry, and farming industries 
is $16.72. Thus, the monetary value of this time burden is $5.58 per 
vessel. As a result, the total cost of this action per qualifying 
vessel is $55.58, or $9337 for all qualifying vessels. However, since 
these permits will be renewed, via application, biannually rather than 
annually, the total cost per year would be approximately $27.79. In 
cases where vessel owners have qualified as the result of a transfer in 
catch history, documentation would be needed to support a determination 
of eligibility. The time burden associated with compiling such 
documentation is estimated at 1 hour, for an additional one-time cost 
of $16.72 in the first year. Therefore, for these vessels, the monetary 
value of the time burden associated with this action is estimated at 
$19.51 per vessel. Thus, total annual costs would be $44.51 in the 
first year, and $27.79 in years thereafter.
    For vessel owners that do not initially qualify for a limited 
access permit, two additional opportunities exist to obtain such a 
permit. Specifically, the vessel owner may submit a request to the RA 
for reconsideration of an initial determination of non-eligibility. The 
time burden associated with filing such a request is estimated to be 2 
hours. In addition, these vessel owners may submit a request to be 
placed on a list of those desiring the re-issuance of a permit that was 
not renewed in a timely manner by an initial qualifier. The time burden 
associated with filing this request is estimated to be 5 minutes. Thus, 
the monetary value of these time burdens is $35 per vessel. Although it 
is not possible to perfectly predict how many non-qualifiers will 
submit such requests, those owners whose vessels were active in the 
fishery but did not qualify are most likely to submit one or both 
requests. Given that 111 active vessels are not expected to qualify, 
and since these vessels would have also submitted an application and 
therefore paid the requisite and non-refundable $50 fee, the total 
burden per vessel would be $85 for all such vessels, or $9435 in the 
aggregate.
    The final rule is expected to result in lesser impacts than 
rejected option 2, which would limit eligibility to those who had met 
the criteria prior to December 31, 1999, rather than December 31, 2000. 
Rejected option 2 would exclude an additional 26 vessels, most of which 
were very active in the fishery in 2000, and the average annual short-
term revenue loss per active vessel would increase from $1,365 to 
$4,153. Given the possibility of continued entry of new vessels into 
the fishery and an exacerbation of the current overcapacity problem, 
the no action option (rejected option 1) is not acceptable. Rejected 
option 3 would only enable those who entered the fishery after April 4, 
1994, to obtain non-transferable permits. Relative to the final rule, 
this option is more restrictive on recent participants and was not 
supported by industry representatives. Also, it is likely that rejected 
option 3 would not reduce the initial level of overcapacity in the 
fishery. Based on the objectives of the FMP and the issues being 
addressed, the final rule is superior to the rejected alternatives.
    The minimum mesh size requirement applicable to the limited access 
area could increase costs for those vessel owners whose gear does not 
meet the proposed minimum mesh size and who obtain limited access 
endorsements. The gear replacement cost is expected to be between $75 
and $80 per net ($150 to $320 per vessel). During the 1996-2000 time 
period, active vessels expected to qualify for a limited access permit 
earned between $31,902 and $127,319 in gross revenues per year from the 
rock shrimp fishery. These vessels also typically earn revenues from 
other fisheries, such as the penaeid shrimp fisheries of the South 
Atlantic and Gulf of Mexico. Since the minimum mesh size is the 
predominant mesh size presently being used in the fishery, a majority 
of vessel owners likely will not incur these costs. However, for those 
owners not presently using the minimum mesh size or larger, the gear 
modification expense could represent between 0.1 percent and 1 percent 
of their annual gross revenues from this fishery in the first year.
    The final rule will result in gear replacement costs for those 
vessels that utilize trawl nets with a smaller mesh size. Compared to 
the no action option, this measure would impose a higher cost on the 
industry. However, the Council's Rock Shrimp Advisory Panel was of the 
opinion that the replacement cost for the cod end would be recovered in 
the future as overall yields increase from allowing recruitment of 
small shrimp that escape to larger size classes. Also, the time saved 
from not having to cull many small, unmarketable shrimp in each haul 
could translate into more tows per trip. In comparison to rejected 
options 3 and 4, the Advisory Panel felt that the recommended mesh size 
would be more effective at allowing the escapement of small, 
unmarketable shrimp than the 1 and 3/4-inch (4.45-cm) mesh size. 
However, the 2-inch (5-cm) mesh size would allow escapement of a much 
higher proportion of marketable shrimp compared to this proposed mesh 
size. Under the assumption that the net replacement cost would be 
recouped from higher

[[Page 2191]]

returns, and the Advisory Panel's recommendation that 1 and 7/8 inches 
(4.76 cm) is the optimal mesh size for this fishery, the mesh size 
specified by the final rule is superior to the alternatives considered.
    The requirement for an operating VMS would impose a one-time cost 
to owners who obtain limited access endorsements that would not exceed 
$1,200. This capital cost is expected to be amortized over the average 
life-span of the equipment, presently estimated at 7 years. Thus, the 
annual cost per vessel is approximately $171. In addition, there would 
be some level of recurring operating/repair/maintenance costs, and no 
more than $800 in annual communication costs. Therefore, the 
requirement for an operating VMS would decrease a vessel's annual 
profitability by approximately $971. Given the previously noted annual 
gross revenue estimates, the expected annual explicit cost of the VMS 
requirement alone could represent between 0.8 percent and 3 percent of 
these vessels' annual gross revenues from the rock shrimp fishery.
    Additionally, time burdens would be imposed as a result of the VMS 
requirement. Specifically, the time to install the VMS is estimated to 
be 4 hours; the time to complete and submit a statement certifying 
compliance with the installation and activation checklist is estimated 
to be 15 minutes; annual maintenance is estimated to be 2 hours each 
year; and the time to transmit position reports is estimated to be 14 
minutes per day at sea. Current information suggests that the average, 
annual number of days at sea is approximately 200 for qualifying 
vessels active in this fishery. As such, this particular time burden is 
estimated at 2800 minutes or 46.67 hours per vessel. Therefore, the 
total time burden associated with VMS is approximately 53 hours per 
vessel in the first year, the monetary value of which is approximately 
$883 per vessel. In the years thereafter, only the time burdens 
associated with annual maintenance and the time to transmit position 
reports would be incurred. Thus, the time burden per vessel in later 
years would be 48.67 hours, the monetary value of which is 
approximately $813 annually per vessel. By combining the explicit and 
implicit costs, the total annual cost of this action is $1854 per 
vessel in the first year, and $1784 per vessel in later years, or 
$311,472 and $299,712 annually for all qualifying vessels.
    The final rule will likely result in higher costs than rejected 
option 3, under which only vessels with a past fishery violation would 
be required to use VMS, as opposed to all vessels. The use of an 
approved vessel monitoring system is necessary to protect essential 
fish habitat and essential fish habitat areas of particular concern. 
Illegal use of rock shrimp trawls within the Oculina Bank can result in 
damage to bottom habitat, as emphasized in a recent report presented to 
the Council on this topic. This latest report indicates that only 20 
acres of Oculina coral remain intact, not only in this area, but in the 
world. Requiring rock shrimp vessels to carry an approved VMS unit will 
improve compliance and allow the rock shrimp fishermen to demonstrate 
that they are not fishing in any closed areas. Currently, the 
probability of detecting fishing in the Oculina Bank HAPC is low, given 
the distance from shore and the frequency of Coast Guard patrols in 
this area. VMS technology will significantly improve the detection of 
fishery violations in this closed area. Thus, the final rule is 
superior to the no action option and rejected option 3. Rejected option 
3 would only provide coverage for some vessels in the industry and 
would not be as effective as the preferred alternative in improving 
compliance. In comparison to rejected option 2, the VMS system 
requirements should be specified in order to ensure that the utilized 
system will ensure sufficient surveillance of vessel activities. In 
this respect, the final rule is preferable to rejected option 2. Also, 
the final rule establishes a cap on the cost per vessel for purchase of 
the VMS unit and annual communications. Based on these facts, the final 
rule is superior to the alternatives considered.
    The requirement for operator permits in the South Atlantic rock 
shrimp fishery will increase costs to owners who operate their own 
vessels and to individual non-owning operators. The cost of a permit is 
expected to be not more than $50 and would generally be incurred once 
every 3 years, for an approximate cost per year of $16.67. Thus, the 
total explicit cost imposed on all qualifiers combined in the first 
year would be approximately $8400. The time burden of applying for this 
permit is estimated to be 60 minutes. In monetary terms, this time 
burden equates to $8.36 per vessel operator, or $2.79 per year. As a 
result of this action, the annual total cost per qualifying vessel is 
$19.46, or $3270 for all qualifying vessels.
    This burden would also be imposed on vessel operators in the open 
access component of the fishery (i.e., the Carolinas), which could 
consist of as many as 24 additional vessels. If the single, large 
entity eventually chose to participate in the open access component of 
the fishery, it would also have to incur these expenses. Since the cost 
is constant on a per-vessel basis, disproportional impacts would not 
occur. In any case, for participants in the open access component of 
the fishery, these costs are unlikely to substantially reduce 
profitability.
    The final rule will result in higher costs than the no action 
option (rejected option 1) since it would require an operator's permit, 
estimated to cost $50 per operator, that would be valid for 3 years. 
The Council's Rock Shrimp Advisory Panel recommended operator permits 
to assist in reducing the cost of penalties to the industry from 
federal fishery management violations. It is expected that an 
operator's permit requirement will improve compliance with fisheries 
management regulations. Even though rejected option 2, which only 
requires an operator's permit for captains who do not own the vessel 
they operate, would result in a lower cost to the industry, it would 
not eliminate the possibility that a vessel owner who had a vessel 
permit sanction for a federal fishery violation could obtain an 
operator's permit and work onboard another rock shrimp vessel. Thus, 
the final rule is preferable to the rejected alternatives.
    Overall, the total costs of these actions on active, non-qualifying 
vessels could be as high or higher than $1450 per vessel, or $160,950 
in the aggregate, in the short-term. Depending on circumstances, these 
vessels may or may not mitigate these losses by participating in other 
fisheries.
    For the vessel owners who qualify for a limited access permit, the 
total annual costs of these actions could be as high as $2238 per 
vessel in the first year, and $1831 thereafter. Given that active 
vessels expected to qualify for a limited access permit earned between 
$31,902 and $127,319 in gross revenues per year from the rock shrimp 
fishery, such costs could represent between 1.8 percent and 7.0 percent 
of these revenues in the first year, and between 1.4 percent and 5.7 
percent in years thereafter. Depending on the profit margins associated 
with activity in this fishery, these losses could be considered 
substantial, at least for some of the affected small entities. However, 
it is expected that future gains in the fishery would offset the short-
term costs to these small entities. The Council's industry 
representatives (Rock Shrimp Advisory Panel) recommended that the 
Council consider a limited access program to avoid a situation where 
the current overcapacity problem, the primary source of which is the 
large number of latent permits, is exacerbated and thus increases the 
risk that firms

[[Page 2192]]

dependent on rock shrimp could be forced out of the fishery or out of 
business. The Rock Shrimp Advisory Panel requested operator's permits 
to protect their interests since many owners do not operate their own 
vessels, and this measure would allow them to hire captains who are 
likely to be more compliant with fishery regulations. Vessel owners are 
also liable for any fishery violations even if they are not on board 
the vessel during the period when the infraction occurs; however, this 
is true regardless of operator permits. There have been a number of 
instances of illegal fishing in an important closed fishing area, the 
Oculina Bank HAPC, by vessels in the rock shrimp fishery. Given the 
dwindling law enforcement resources for patrolling these areas, which 
are several miles offshore, the Council recommended that vessels in 
this fishery be required to use an approved VMS since they regularly 
operate in close proximity to the Oculina Bank HAPC. There is a 
critical need to implement this measure for increased protection of the 
Oculina coral habitat. A recently completed research survey concluded 
that this area contains the last 20 acres (8 hectares) of intact 
Oculina coral remaining in the world. To the extent enforcement is 
increased and trawling in the Oculina Bank HAPC is eliminated, there 
will be corresponding benefits in terms of protecting Oculina coral, 
habitat, and juvenile rock shrimp.
    Copies of the FRFA are available upon request (see ADDRESSES).
    The Council prepared a final supplemental environmental impact 
statement (FEIS) for Amendment 5; a notice of availability was 
published on September 6, 2002 (67 FR 57007). The FEIS concludes that 
Amendment 5 will result in positive environmental impacts by reducing 
excess harvesting capacity in the fishery via the limited access 
program, reducing bycatch (including bycatch of undersized, 
unmarketable rock shrimp) via mesh size restrictions, and enhancing 
compliance with all management measures (including protection of the 
essential fish habitat and Oculina coral) via requirements for VMS and 
operator permits.
    This final rule contains new collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA)--namely, application for a 
limited access endorsement for the South Atlantic rock shrimp fishery, 
documentation of eligibility through a written agreement, transfer of a 
limited access endorsement, installation and operation of a VMS by a 
vessel that has been issued a limited access endorsement, and 
application for an operator permit for the South Atlantic rock shrimp 
fishery in the EEZ off the southern Atlantic states (North Carolina 
through the east coast of Florida). These collection-of-information 
requirements have been approved by OMB, OMB control number 0648-0205. 
The average public reporting burdens are estimated as follows: For the 
limited access endorsement, 20 minutes for each application for the 
endorsement or for the transfer of an endorsement, 1 hour for 
documentation of eligibility submitted with the application, 2 hours 
for each request for reconsideration of the RA's determination 
regarding initial endorsement eligibility, and 5 minutes for each 
request to be placed on the list of owners desiring consideration for 
reissue of an endorsement that had not been renewed; for the VMS, 4 
hours per installation, 15 minutes for completion and submission of the 
statement certifying compliance with the installation and activation 
checklist, 14 minutes per day at sea for transmittal of position 
reports, and 2 hours for annual maintenance; and for the operator 
permit, 60 minutes for each application.
    The estimates of public reporting burdens for these collections of 
information include the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Send comments 
regarding these burden estimates or any other aspects of the 
collections of information to NMFS and OMB (see ADDRESSES).
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the PRA unless that collection of information displays a currently 
valid OMB control number.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 622

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

    Dated: January 10, 2003.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 15 CFR part 902 and 50 CFR 
part 622 are amended as follows:

15 CFR Chapter IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec.  902.1, the table in paragraph (b), under 50 CFR, is 
amended by adding, in numerical order, the following entries to read as 
follows:


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

 
------------------------------------------------------------------------
                                             Current OMB control number
CFR part or section where the information  (all numbers begin with 0648-
    collection requirement is located                    )
------------------------------------------------------------------------
 
                                * * * * *
50 CFR
 
                                * * * * *
622.9                                      -0205
 
                                * * * * *
622.19                                     -0205
 
                                * * * * *
------------------------------------------------------------------------

50 CFR Chapter VI

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

    3. The authority citation for part 622 continues to read as 
follows:

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

    4. In Sec.  622.4, paragraph (a)(2)(viii), (c), (f) through (j), 
and (l) are revised and paragraphs (a)(5) and (b)(4) are added to read 
as follows:


Sec.  622.4  Permits and fees.

    (a) * * *
    (2) * * *
    (viii) South Atlantic rock shrimp. (A) For a person aboard a vessel 
to fish for rock shrimp in the South Atlantic EEZ or possess rock 
shrimp in or from the South Atlantic EEZ, a commercial vessel permit 
for rock shrimp must be issued to the vessel and must be on board. (See 
paragraph (a)(5) of this section for the requirements for operator 
permits for the South Atlantic rock shrimp fishery.)
    (B) In addition, effective July 15, 2003, for a person aboard a 
vessel to fish for rock shrimp in the South Atlantic EEZ off Georgia or 
off Florida or possess rock shrimp in or

[[Page 2193]]

from the South Atlantic EEZ off Georgia or off Florida, a limited 
access endorsement for South Atlantic rock shrimp must be issued to the 
vessel and must be on board. See Sec.  622.19 for limitations on the 
issuance, transfer, renewal, and reissuance of a limited access 
endorsement for South Atlantic rock shrimp.
* * * * *
    (5) Operator permits. (i) Effective May 16, 2003, for a person to 
be an operator of a vessel fishing for rock shrimp in the South 
Atlantic EEZ or possessing rock shrimp in or from the South Atlantic 
EEZ, or to be an operator of a vessel that has a valid permit for South 
Atlantic rock shrimp issued under this section, such person must have 
and carry on board a valid operator permit and one other form of 
personal identification that includes a picture (driver's license, 
passport, etc.).
    (ii) An owner of a vessel that fishes for rock shrimp in the South 
Atlantic EEZ or possesses rock shrimp in or from the South Atlantic 
EEZ, and an owner of a vessel that has a valid permit for rock shrimp 
issued under this section, must ensure that at least one person with a 
valid operator permit for the South Atlantic rock shrimp fishery is 
aboard while the vessel is at sea or offloading.
    (b) * * *
    (4) Operator permits. An applicant for an operator permit must 
provide the following:
    (i) Name, address, telephone number, and other identifying 
information specified on the application.
    (ii) Two recent (no more than 1-yr old), color, passport-size 
photographs.
    (iii) Any other information that may be necessary for the issuance 
or administration of the permit, as specified on the application form.
    (c) Change in application information. The owner or operator of a 
vessel with a permit, a person with a coral permit, a person with an 
operator permit, or a dealer with a permit must notify the RA within 30 
days after any change in the application information specified in 
paragraph (b) of this section. The permit is void if any change in the 
information is not reported within 30 days.
* * * * *
    (f) Duration. A 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, in the case of a vessel or dealer permit, the 
vessel or dealership is sold.
    (g) Transfer--(1) Vessel permits, licenses, and endorsements and 
dealer permits. A vessel permit, license, or endorsement or a dealer 
permit issued under this section is not transferable or assignable, 
except as provided in paragraph (m) of this section for a commercial 
vessel permit for Gulf reef fish, in paragraph (n) of this section for 
a fish trap endorsement, in paragraph (o) of this section for a Gulf 
king mackerel gillnet endorsement, in paragraph (p) of this section for 
a red snapper license, in paragraph (q) of this section for a king 
mackerel permit, in paragraph (r) of this section for a charter vessel/
headboat permit for Gulf coastal migratory pelagic fish or Gulf reef 
fish, in Sec.  622.17(c) for a commercial vessel permit for golden 
crab, in Sec.  622.18(e) for a commercial vessel permit for South 
Atlantic snapper-grouper, or in Sec.  622.19(e) for a commercial vessel 
permit for South Atlantic rock shrimp. A person who acquires a vessel 
or dealership who desires to conduct activities for which a permit, 
license, or endorsement is required must apply for a permit, license, 
or endorsement in accordance with the provisions of this section. If 
the acquired vessel or dealership is currently permitted, the 
application must be accompanied by the original permit and a copy of a 
signed bill of sale or equivalent acquisition papers.
    (2) Operator permits. An operator permit is not transferable.
    (h) Renewal--(1) Vessel permits, licenses, and endorsements and 
dealer permits. Although a vessel permit, license, or endorsement or a 
dealer permit required by this section is issued on an annual basis, an 
application for its renewal is required only every 2 years. In the 
interim years, renewal is automatic (without application) for a vessel 
owner or a dealer who has met the specific requirements for the 
requested permit, license, or endorsement; who has submitted all 
reports required under the Magnuson-Stevens Act; and who is not subject 
to a sanction or denial under paragraph (j) of this section. An owner 
or dealer whose permit, license, or endorsement is expiring will be 
mailed a notification by the RA approximately 2 months prior to its 
expiration. That notification will advise the status of the renewal. 
That is, the notification will advise that the renewal will be issued 
without further action by the owner or dealer (automatic renewal); that 
the permit, license, or endorsement is ineligible for automatic 
renewal; or that a new application is required.
    (i) If eligible for automatic renewal. If the RA's notification 
indicates that the owner's or dealer's permit, license, or endorsement 
is eligible for automatic renewal, the RA will mail the automatically 
renewed permit, license, or endorsement approximately 1 month prior to 
expiration of the old permit, license, or endorsement.
    (ii) If ineligible for automatic renewal. If the RA's notification 
indicates that the owner's or dealer's permit, license, or endorsement 
is ineligible for automatic renewal, the notification will specify the 
reasons and will provide an opportunity for correction of any 
deficiencies. If the owner or dealer does not correct such deficiencies 
within 60 days after the date of the RA's notification, the renewal 
will be considered abandoned. A permit, license, or endorsement that is 
not renewed within the applicable deadline will not be reissued.
    (iii) If new application is required. If the RA's notification 
indicates that a new application is required, the notification will 
include a preprinted renewal application. If the RA receives an 
incomplete application, the RA will notify the applicant of the 
deficiency. If the applicant fails to correct the deficiency within 30 
days of the date of the RA's letter of notification, the application 
will be considered abandoned. A permit, license, or endorsement that is 
not renewed within the applicable deadline will not be reissued.
    (iv) If notification is not received. A vessel owner or dealer must 
contact the RA if he/she does not receive a notification from the RA 
regarding status of renewal of a permit, license, or endorsement by 45 
days prior to expiration of the current permit.
    (2) Operator permits. An operator permit required by this section 
is issued for a period not longer than 3 years. A permit not renewed 
immediately upon its expiration would expire at the end of the 
operator's birth month that is between 2 and 3 years after issuance. 
For renewal, a new application must be submitted in accordance with 
paragraph (b)(4) of this section.
    (i) Display. A vessel permit, license, or endorsement issued under 
this section must be carried on board the vessel. A dealer permit 
issued under this section, or a copy thereof, must be available on the 
dealer's premises. In addition, a copy of the dealer's permit must 
accompany each vehicle that is used to pick up from a fishing vessel 
reef fish harvested from the Gulf EEZ. The operator of a vessel must 
present the vessel permit, license, or endorsement for inspection upon 
the request of an authorized officer. A dealer or a vehicle operator 
must present the permit or a copy for inspection upon the request of an 
authorized officer. An operator of a vessel in the South Atlantic rock 
shrimp fishery must present his/her operator

[[Page 2194]]

permit and one other form of personal identification that includes a 
picture (driver's license, passport, etc.) for inspection upon the 
request of an authorized officer.
    (j) Sanctions and denials. (1) A permit, license, or endorsement 
issued pursuant to this section may be revoked, suspended, or modified, 
and a permit, license, or endorsement 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.
    (2) A person whose operator permit is suspended, revoked, or 
modified may not be aboard any fishing vessel subject to Federal 
fishing regulations in any capacity, if so sanctioned by NOAA, while 
the vessel is at sea or offloading. The vessel's owner and operator are 
responsible for compliance with this measure. A list of operators whose 
permits are revoked or suspended may be obtained from the RA.
* * * * *
    (l) Replacement. A replacement permit, license, or endorsement may 
be issued. An application for a replacement permit, license, or 
endorsement is not considered a new application. An application for a 
replacement operator permit must include two new photographs, as 
specified in paragraph (b)(4)(ii) of this section.
* * * * *

    5. In Sec.  622.7, paragraphs (b) and (c) are revised and paragraph 
(bb) through (ee) are added to read as follows:


Sec.  622.7  Prohibitions.

    * * * * *
    (b) Falsify information on an application for a permit, license, or 
endorsement or submitted in support of such application, as specified 
in Sec.  622.4(b), (g), (p), (q), or (r) or in Sec. Sec.  622.18 or 
622.19.
    (c) Fail to display a permit, license, or endorsement, or other 
required identification, as specified in Sec.  622.4(i).
* * * * *
    (bb) Make a false statement, oral or written, to an authorized 
officer regarding the installation, use, operation, or maintenance of a 
vessel monitoring system (VMS) unit or communication service provider.
    (cc) Operate or own a vessel that is required to have a permitted 
operator aboard when the vessel is at sea or offloading without such 
operator aboard, as specified in Sec.  622.4(a)(5)(i) and (ii).
    (dd) When a vessel that is subject to Federal fishing regulations 
is at sea or offloading, own or operate such vessel with a person 
aboard whose operator permit is revoked, suspended, or modified.
    (ee) Fail to comply with any provision related to a vessel 
monitoring system as specified in Sec.  622.9, including but not 
limited to, requirements for use, installation, activation, access to 
data, procedures related to interruption of VMS operation, and 
prohibitions on interference with the VMS.

    6. In subpart A, Sec.  622.9 is added to read as follows:


Sec.  622.9  Vessel monitoring systems (VMSs).

    (a) Requirement for use. As of October 14, 2003 or 90 days after 
NMFS publishes in the Federal Register, the list of approved 
transmitting units and associated communications service providers, 
whichever is later, an owner or operator of a vessel that has been 
issued a limited access endorsement for South Atlantic rock shrimp must 
ensure that such vessel has a NMFS-approved, operating VMS on board 
when on a trip in the South Atlantic. An operating VMS includes an 
operating mobile transmitting unit on the vessel and a functioning 
communication link between the unit and NMFS as provided by a NMFS-
approved communication service provider.
    (b) Installing and activating the VMS. Only a VMS that has been 
approved by NMFS for use in the South Atlantic rock shrimp fishery may 
be used. When installing and activating the NMFS-approved VMS, or when 
reinstalling and reactivating such VMS, the vessel owner or operator 
must--
    (1) Follow procedures indicated on an installation and activation 
checklist, which is available from NMFS, Office of Enforcement, 
Southeast Region, St. Petersburg, FL; phone: 727-570-5344; and
    (2) Submit to NMFS, Office of Enforcement, Southeast Region, St. 
Petersburg, FL, a statement certifying compliance with the checklist, 
as prescribed on the checklist.
    (c) Interference with the VMS. No person may interfere with, tamper 
with, alter, damage, disable, or impede the operation of the VMS, or 
attempt any of the same.
    (d) Interruption of operation of the VMS. When a vessel's VMS is 
not operating properly, the owner or operator must immediately contact 
NMFS, Office of Enforcement, Southeast Region, St. Petersburg, FL, and 
follow instructions from that office. If notified by NMFS that a 
vessel's VMS is not operating properly, the owner and operator must 
follow instructions from that office. In either event, such 
instructions may include, but are not limited to, manually 
communicating to a location designated by NMFS the vessel's positions 
or returning to port until the VMS is operable.
    (e) Access to position data. As a condition of authorized fishing 
for or possession of South Atlantic rock shrimp in or from the South 
Atlantic EEZ, a vessel owner or operator subject to the requirements 
for a VMS in this section must allow NMFS, the USCG, and their 
authorized officers and designees access to the vessel's position data 
obtained from the VMS.

    7. In subpart B, Sec.  622.19 is added to read as follows:


Sec.  622.19  South Atlantic rock shrimp limited access.

    (a) Applicability. Effective July 15, 2003, for a person aboard a 
vessel to fish for rock shrimp in the South Atlantic EEZ off Georgia or 
off Florida or possess rock shrimp in or from the South Atlantic EEZ 
off Georgia or off Florida, a limited access endorsement for South 
Atlantic rock shrimp must be issued to the vessel and must be on board.
    (b) Initial eligibility. A vessel is eligible for an initial 
limited access endorsement for South Atlantic rock shrimp if the 
owner--
    (1) Owned a vessel with a Federal permit for South Atlantic rock 
shrimp on or before December 31, 2000, and
    (2) Landed at least 15,000 lbs (6,804 kg) of South Atlantic rock 
shrimp in any one of the calendar years 1996 through 2000 from a vessel 
that he/she owned.
    (c) Determinations of eligibility--(1) Permit history. The sole 
basis for determining whether a vessel had a Federal permit for South 
Atlantic rock shrimp, and that vessel's owner during the time it was 
permitted, is the RA's permit records. A person who believes he/she 
meets the permit history criterion based on ownership of a vessel under 
a different name, as may have occurred when ownership changed from 
individual to corporate or vice versa, must document his/her ownership.
    (2) Landings. (i) Landings of rock shrimp from the South Atlantic 
EEZ during the qualifying period are verified from landings data that 
were submitted on or before January 31, 2001 and are in state or 
Federal database systems; no additional landings data will be accepted.
    (ii) Only landings when a vessel had a valid Federal permit for 
rock shrimp, that were harvested from the South Atlantic EEZ, and that 
were landed and sold in compliance with state and Federal regulations 
will be used to establish eligibility.
    (iii) For the purpose of eligibility for an initial limited access 
endorsement

[[Page 2195]]

for South Atlantic rock shrimp, the owner of a vessel that had a permit 
for South Atlantic rock shrimp during the qualifying period retains the 
rock shrimp landings record of that vessel during the time of his/her 
ownership, unless, prior to January 16, 2003, a sale of the vessel 
includes a written agreement that credit for qualifying landings is 
transferred to the new owner. Qualifying landings are landings of at 
least 15,000 lb (6,804 kg) of rock shrimp harvested from the South 
Atlantic EEZ in any one of the calendar years 1996 through 2000. Such 
transfer of credit must be for the vessel's entire record of landings 
of rock shrimp from the South Atlantic during the time of the seller's 
ownership; no partial transfers are allowed.
    (d) Implementation procedures--(1) Notification of status. On or 
about March 17, 2003, the RA will notify each owner of a vessel that 
had a permit for South Atlantic rock shrimp on or before December 31, 
2000, and each owner of a vessel currently permitted for South Atlantic 
rock shrimp, of the RA's initial determination of eligibility for a 
limited access endorsement for South Atlantic rock shrimp. The 
notification will include a determination regarding the 15,000-lb 
(6,804-kg) threshold level for the endorsement. If the landings in the 
combined state and Federal databases do not meet the 15,000-lb (6,804-
kg) threshold for any of the qualifying years, the landings in each of 
the qualifying years, as shown in those databases, will be included. 
Each notification will include an application for such endorsement. 
Addresses for notifications will be based on the RA's permit records. 
Each owner of a vessel that had a permit for South Atlantic rock shrimp 
on or before December 31, 2000, and each owner of a currently permitted 
vessel, who does not receive notification by April 1, 2003 must advise 
the RA of non-receipt within 15 days thereafter.
    (2) Applications. (i) An owner of a vessel who desires a limited 
access endorsement for South Atlantic rock shrimp must submit an 
application for such endorsement postmarked or hand-delivered not later 
than May 16, 2003. Failure to apply in a timely manner will preclude 
issuance of an endorsement even if the vessel owner meets the 
eligibility criteria for the endorsement.
    (ii) An applicant who agrees with the RA's initial determination of 
eligibility does not need to provide documentation of eligibility with 
his/her application.
    (iii) An applicant who disagrees with the RA's initial 
determination of eligibility must provide documentation of eligibility 
with his/her application. Such documentation must include the name and 
official number of the vessel permitted for South Atlantic rock shrimp 
and the dates, quantities, trip tickets, and purchasing dealers for 
specific landings claimed for the vessel. In addition, if an owner's 
application for a limited access endorsement is based on qualifying 
landings that were transferred to him/her through a written agreement, 
as discussed in paragraph (c)(2)(iii) of this section, the application 
must be accompanied by a copy of that agreement and a statement of the 
cost associated with obtaining the catch history. Documentation and 
other information submitted on or with an application are subject to 
verification by comparison with state or Federal records and 
information. If such documentation and information cannot be verified 
from state or Federal records and information, the documentation and 
other information will be rejected. Submission of false documentation 
or information may disqualify an owner from obtaining an initial 
limited access endorsement for South Atlantic rock shrimp and is a 
violation of the regulations in this part.
    (iv) If an application that is postmarked or hand delivered in a 
timely manner is incomplete, the RA will notify the applicant of the 
deficiency. If the applicant fails to correct the deficiency within 20 
days of the date of the RA's notification, the application will be 
considered abandoned.
    (3) Issuance. If a complete application is submitted in a timely 
manner and the eligibility requirements specified in paragraph (b) of 
this section are met, the RA will take action as follows:
    (i) If a qualified applicant owns a vessel that has a valid permit 
for South Atlantic rock shrimp, the RA will issue an initial limited 
access endorsement for South Atlantic rock shrimp and mail it to the 
vessel owner prior to July 15, 2003.
    (ii) If a qualified applicant does not currently own a vessel, the 
RA will inform him/her of qualification, but no endorsement will be 
issued. Such qualified applicant must apply for a permit and 
endorsement for a vessel that he/she owns, or transfer the rights to 
the endorsement to an owner of a vessel, prior to July 15, 2005. After 
that date, the rights to an initial limited access endorsement for 
South Atlantic rock shrimp that were based on the qualification will 
expire. A qualified applicant who desires to transfer the rights to an 
initial endorsement to the owner of a vessel must submit an application 
requesting such transfer to the RA. Such transfer of rights will 
include transfer of credit for the vessel's entire record of landings 
of rock shrimp from the South Atlantic during the time of the qualified 
applicant's ownership.
    (4) Reconsideration. (i) If the eligibility requirements specified 
in paragraph (b) of this section are not met, the RA will notify the 
applicant, in writing, not later than July 16, 2003. The notification 
will include the reason for the determination that the eligibility 
requirements were not met. An applicant may request reconsideration of 
the RA's determination regarding initial endorsement eligibility by 
submitting a written request for reconsideration to the RA. Such 
request must be postmarked or hand-delivered not later than September 
15, 2003 and must provide additional written documentation supporting 
eligibility for the endorsement.
    (ii) Upon receipt of a request for reconsideration, the RA will 
forward the initial application, the RA's response to that application, 
the request for reconsideration, and pertinent records to an 
Application Oversight Board consisting of state directors (or their 
designees) from each state in the Council's area of jurisdiction. Upon 
request, a vessel owner may make a personal appearance before the 
Application Oversight Board.
    (iii) If reconsideration by the Application Oversight Board is 
requested, such request 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 members of the Application 
Oversight Board such confidential catch and other records as are 
pertinent to the matter under reconsideration.
    (iv) The Application Oversight Board may only deliberate whether 
the eligibility criteria specified in paragraph (b) of this section 
were applied correctly in the applicant's case, based solely on the 
available record, including documentation submitted by the applicant. 
The Application Oversight Board may not consider whether an applicant 
should have been eligible for a vessel permit because of hardship or 
other factors. The Application Oversight Board members will provide 
individual recommendations for each application for reconsideration to 
the RA.
    (v) The RA will make a final decision based on the eligibility 
criteria specified in paragraph (b) of this section and the available 
record, including documentation submitted by the applicant, and the 
recommendations and comments from members of the Application Oversight 
Board. The RA may not consider whether an applicant

[[Page 2196]]

should have been eligible for a vessel permit because of hardship or 
other factors. The RA will notify the applicant of the decision and the 
reason for it, in writing, within 15 days of receiving the 
recommendations from the Application Oversight Board members. The RA's 
decision will constitute the final administrative action by NMFS.
    (e) Transfer of an endorsement. A limited access endorsement for 
South Atlantic rock shrimp is valid only for the vessel and owner named 
on the permit/endorsement. To change either the vessel or the owner, an 
application for transfer must be submitted to the RA. An owner of a 
vessel with an endorsement may request that the RA transfer the 
endorsement to another vessel owned by the same entity, to the same 
vessel owned by another entity, or to another vessel with another 
owner. A transfer of an endorsement under this paragraph will include 
the transfer of the vessel's entire catch history of South Atlantic 
rock shrimp to a new owner; no partial transfers are allowed.
    (f) Renewal. The RA will not reissue a limited access endorsement 
for South Atlantic rock shrimp if the endorsement is revoked or if the 
RA does not receive a complete application for renewal of the 
endorsement within 1 year after the endorsement's expiration date.
    (g) Non-renewal of inactive endorsements. In addition to the 
sanctions and denials specified in Sec.  622.4(j)(1), a limited access 
endorsement for South Atlantic rock shrimp that is inactive for a 
period of 4 consecutive calendar years will not be renewed. For the 
purpose of this paragraph, ``inactive'' means that the vessel with the 
endorsement has not landed at least 15,000 lb (6,804 kg) of rock shrimp 
from the South Atlantic EEZ in a calendar year.
    (h) Reissuance of non-renewed permits. A permit that is not renewed 
under paragraph (g) of this section will be made available to a vessel 
owner randomly selected from a list of owners who had documented 
landings of rock shrimp from the South Atlantic EEZ prior to 1996 but 
who did not qualify for an initial limited access endorsement. To be 
placed on the list, an owner must submit a written request to the RA 
postmarked or hand-delivered not later than January 16, 2004. The 
written request must contain documentation of each specific landing 
claimed, i.e., date, quantity of rock shrimp, name and official number 
of the harvesting vessel, ownership of the vessel at the time of 
landing, and name and address of the purchasing dealer. Claimed 
landings that are not verified by comparison with state trip ticket or 
dealer records will not be recognized.

    8. In Sec.  622.41, the heading of paragraph (g)) is revised and 
paragraph (j) is added to read as follows:


Sec.  622.41  Species specific limitations.

* * * * *
    (g) Penaeid shrimp in the South Atlantic. * * *
* * * * *
    (j) Rock shrimp in the South Atlantic off Georgia and Florida. The 
minimum mesh size for the cod end of a rock shrimp trawl net in the 
South Atlantic EEZ off Georgia and Florida is 1 7/8 inches (4.8 cm), 
stretched mesh. This minimum mesh size is required in at least the last 
40 meshes forward of the cod end drawstring (tie-off rings), and 
smaller-mesh bag liners are not allowed. A vessel that has a trawl net 
on board that does not meet these requirements may not possess a rock 
shrimp in or from the South Atlantic EEZ off Georgia and Florida.
[FR Doc. 03-1014 Filed 1-15-03; 8:45 am]
BILLING CODE 3510-22-S