[Federal Register Volume 68, Number 42 (Tuesday, March 4, 2003)]
[Rules and Regulations]
[Pages 10180-10181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5048]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 022403C]

RIN 0648-AQ70


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Reef Fish Resources of the Gulf of Mexico; Charter Vessel and 
Headboat Permit Moratorium

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

ACTION: Notice of availability of a corrected amendment; request for 
comments.

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SUMMARY: NMFS has submitted an amendment to correct Amendment 14 to the 
Fishery Management Plan for the Coastal Migratory Pelagic Resources of 
the Gulf of Mexico (Amendment 14) and South Atlantic and Amendment 20 
to the Fishery Management Plan for the Reef Fish Resources of the Gulf 
of Mexico (Amendment 20) for review, approval, and implementation by 
the agency.
    Specifically, this amendment will eliminate one eligibility 
criterion in the final rule implementing Amendment 14 and Amendment 20, 
which states that the charter vessel/headboat permits for Gulf coastal 
migratory pelagic fish or Gulf reef fish is limited to the following: 
An owner of a vessel that had a valid Gulf charter vessel/headboat 
permit on the effective date of the final rule (July 29, 2002). The 
corrected amendment also reopens the application process for obtaining 
Gulf charter vessel/headboat moratorium permits and extends the 
applicable deadlines; extends the expiration dates of valid or 
renewable open access permits for these fisheries; and extends the 
expiration date of the moratorium to account for the delay in 
implementation.

DATES: Written comments must be received on or before May 5, 2003.

ADDRESSES: Comments must be mailed to Phil Steele, 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.
    Copies of the corrected amendment, which includes an environmental 
assessment (EA), a regulatory impact review (RIR), and an Initial 
Regulatory Flexibility Analysis (IRFA) may be obtained 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: Phil Steele, 727-570-5305; fax 727-
570-5583; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act), as amended by the 
Sustainable Fisheries Act, requires each Regional Fishery Management 
Council to submit any fishery management plan or plan amendment to NMFS 
for review and approval, disapproval, or partial approval. The 
Magnuson-Stevens Act also requires that NMFS, upon receiving a plan or 
plan amendment, immediately publish a document in the Federal Register 
stating that the plan or plan amendment is available for public review 
and comment.
    NMFS promulgated the charter moratorium regulations (67 FR 43558, 
June 28, 2002) to implement Amendment 14 and Amendment 20. However, 
after reviewing the administrative record, NMFS determined that the 
amendments contained an error that did not correctly reflect the 
actions approved by the Gulf of Mexico Fishery Management Council 
(Council). Thus, the regulations implementing the amendments also 
contained this error, and not all persons entitled to receive charter 
vessel/headboat (for-hire) permits under the moratorium approved by the 
Council would be able to receive permits under the promulgated 
regulations. In order to ensure that no qualified participants in the 
fishery are wrongfully excluded under the moratorium, due to an error 
in the amendments, and to fully comply with Magnuson-Stevens Act 
requirements, NMFS prepared this corrected amendment to address this 
error and, as such, to reflect the actions approved by the Council. 
Specifically, this corrected amendment will eliminate one eligibility 
criterion in the final rule which states that the charter vessel/
headboat permits for Gulf coastal migratory pelagic fish or Gulf reef 
fish is limited to the following: An owner of a vessel that had a valid 
Gulf charter vessel/headboat permit on the effective date of the final 
rule (July 29, 2002). The corrected amendment also reopens the 
application process for obtaining Gulf charter vessel/headboat 
moratorium permits and extends the applicable

[[Page 10181]]

deadlines; extends the expiration dates of valid or renewable open 
access permits for these fisheries; and extends the expiration date of 
the moratorium to account for the delay in implementation.
    In order to comply with the procedural requirements of the 
Magnuson-Stevens Act as stated above, the entire amendment will be 
submitted for review by the Secretary of Commerce, even though only one 
specific section of the document will be substantively altered, and if 
approved, new regulations will be promulgated accordingly from the 
properly processed amendment. Portions of the document, specifically 
the environmental and economic analysis required pursuant to other 
laws, remain in the document to provide clarity for reviewers and 
facilitate meaningful public comment. These analyses were previously 
disseminated and subject to public comment in the original amendment 
package. The majority of the analyses remain valid and unaffected, 
given that most of the regulatory measures analyzed will be unaltered 
by the new amendment. As stated above, the changes to the original 
permit moratorium relate to a single eligibility criterion and the 
timing of implementation of the moratorium. Where substantive changes 
were made to the amendment, new analyses describing these effects were 
conducted for the RIR and IRFA. This information is provided in the RIR 
and a IRFA that is included as an attachment to the amendment.
    In accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule to implement the corrected amendment to determine whether 
it is consistent with the FMP, the Magnuson-Stevens Act, and other 
applicable law. If that determination is affirmative, NMFS will publish 
the proposed rule in the Federal Register for public review and 
comment.
    Comments received by May 5, 2003, whether specifically directed to 
the FMP or the proposed rule, will be considered by NMFS in its 
decision to approve, disapprove, or partially approve the FMP. Comments 
received after that date will not be considered by NMFS in this 
decision. All comments received by NMFS on the FMP or the proposed rule 
during their respective comment periods will be addressed in the final 
rule.

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

    Dated: February 26, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-5048 Filed 3-3-03; 8:45 am]
BILLING CODE 3510-22-S