[Federal Register Volume 68, Number 124 (Friday, June 27, 2003)]
[Rules and Regulations]
[Pages 38232-38233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16345]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 030303053-3118-02; 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 Fishery of the Gulf of Mexico; Revision of Charter 
Vessel and Headboat Permit Moratorium Eligibility Criterion; Correction

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

ACTION: Final rule; correcting amendment.

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SUMMARY: This document contains a correction to the final rule 
implementing a corrected Amendment for the charter vessel/headboat 
permit moratorium established in Amendment 14 to the Fishery Management 
Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico 
and South Atlantic (Amendment 14) and in Amendment 20 to the Fishery 
Management Plan for the Reef Fish Resources of the Gulf of Mexico 
(Amendment 20). This final rule was published on May 15, 2003. This 
correction adds regulatory text that was inadvertently removed in the 
final rule.

DATES: Effective June 24, 2003.

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

SUPPLEMENTARY INFORMATION: The final rule that is the subject of this 
correction revises, consistent with the actions taken by the Gulf of 
Mexico Fishery Management Council (Council), one of the eligibility 
criteria for obtaining a charter vessel/headboat permit under the 
moratorium; 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; clarifies, as requested by the 
Council, a constraint on issuance of historical captain permits under 
the moratorium; and extends the expiration date of the moratorium to 
account for the delay in implementation.
    This correction adds regulatory text that was inadvertently removed 
in the May 15, 2003 (68 FR 26230) final rule. The proposed rule 
published on March 12, 2003 (68 FR 11794) made clear that paragraphs 
(1) through (8) of 50 CFR 622.4(r) were proposed to be revised, and 
that paragraphs (9) through (12) of that section would be retained 
without change. The final rule mistakenly directed the Office of the 
Federal Register to remove paragraphs (9) through (12) of Sec.  
622.4(r). No proposal was ever made to remove paragraphs (9) through 
(12). Thus, the public was never provided an opportunity to comment on 
their removal. Further, NMFS did not provide any explanation for the 
removal of those paragraphs in the ``Changes from the Proposed Rule'' 
section of the preamble to the May 15 final rule. Finally, Sec.  
622.4(r)(1) of the May 15 final rule clearly references paragraphs 
(r)(9) and (r)(10) of that section--two of the paragraphs that the 
final rule inadvertently removed.

Classification

    This rule is a correction of an error in the final rule that made a 
change to the regulations for which the agency had not provided prior 
notice and an opportunity for comment. Moreover, this rule merely 
reinserts, without change, regulatory text that previously existed and 
was never intended to be removed. Finally, this rule will have little, 
if any, effect on the regulated community in that this correction is 
being made within days of the error becoming effective. As such, the 
Assistant Administrator (AA), NOAA, finds good cause, pursuant to 
authority at 5 U.S.C. 553(b)(B), to waive the requirement to provide 
prior notice and an opportunity for public comment as such procedures 
are unnecessary. Further, if the effective date of this rule to correct 
this error were to be delayed for 30 days the possibility that this 
error might have an effect on the regulated community increases. Thus, 
the AA finds good cause, pursuant to authority at 5 U.S.C. 553(d)(3) to 
waive the requirement for a 30-day delay in effective date for this 
rule.
    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 in 50 CFR Part 622

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

    Dated: June 23, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 622 is amended as 
follows:

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

0
1. The authority citation for part 622 continues to read as follows:

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

0
2.In Sec.  622.4, paragraphs (r)(9) through (r)(12) are added to read 
as follows:


Sec.  622.4  Permits and fees.

* * * * *
    (r) * * *
    (9) Transfer of permits--(i) Permits without a historical captain 
endorsement. A charter vessel/headboat permit for Gulf coastal 
migratory pelagic fish or Gulf reef fish that does not have a 
historical captain endorsement is fully transferable, with or without 
sale of the permitted vessel, except that no transfer is allowed to a 
vessel with a greater authorized passenger capacity than that of the 
vessel from which the permit was transferred. The determination of 
authorized passenger capacity will be based on the USCG Certificate of 
Inspection or USCG Operator of Uninspected Passenger Vessel license 
associated with the vessels involved in the transfer. If no valid 
Certificate of Inspection is provided for a vessel, that vessel will be 
considered an uninspected vessel with an authorized passenger capacity 
restricted to six or fewer passengers.
    (ii) Permits with a historical captain endorsement. A charter 
vessel/headboat permit for Gulf coastal migratory pelagic fish or Gulf 
reef fish that has a historical captain endorsement may only be 
transferred to a vessel operated by the historical captain, cannot be 
transferred to a vessel with a higher authorized passenger capacity 
than the vessel from which the permit was transferred, and is not 
otherwise transferable.
    (iii) Procedure for permit transfer. To request that the RA 
transfer a charter vessel/headboat permit for Gulf coastal migratory 
pelagic fish or Gulf reef fish, the owner of a vessel that is to 
receive the transferred permit must complete the transfer information 
on the reverse side of the permit and return the permit and a completed 
application for transfer to the RA.
    (10) Renewal. (i) Renewal of a charter vessel/headboat permit for 
Gulf coastal migratory pelagic fish or Gulf reef fish is contingent 
upon the permitted vessel

[[Page 38233]]

and/or captain, as appropriate, being included in an active survey 
frame for, and, if selected to report, providing the information 
required in one of the following--
    (A) NMFS' Marine Recreational Fishing Vessel Directory Telephone 
Survey (conducted by the Gulf States Marine Fisheries Commission);
    (B) NMFS' Southeast Headboat Survey (as required by Sec.  
622.5(b)(1));
    (C) Texas Parks and Wildlife Marine Recreational Fishing Survey; or
    (D) A data collection system that replaces one or more of the 
surveys in paragraph (r)(10)(i)(A)(B) or (C) of this section.
    (ii) A charter vessel/headboat permit for Gulf coastal migratory 
pelagic fish or Gulf reef fish that is not renewed or that is revoked 
will not be reissued during the moratorium. A permit is considered to 
be not renewed when an application for renewal, as required, is not 
received by the RA within 1 year of the expiration date of the permit.
    (11) Requirement to display a vessel decal. Upon issuance, renewal, 
or transfer of a charter vessel/headboat permit for Gulf coastal 
migratory pelagic fish or Gulf reef fish, the RA will issue the owner 
of the permitted vessel a vessel decal for the applicable permitted 
fishery or fisheries. The vessel decal must be displayed on the port 
side of the deckhouse or hull and must be maintained so that it is 
clearly visible.
    (12) Requirement and procedure for obtaining an initial charter 
vessel/headboat permit for South Atlantic coastal migratory pelagic 
fish--(i) General. This paragraph (r)(12) explains the necessity of 
requiring and the procedure for obtaining an initial charter vessel/
headboat permit for South Atlantic coastal migratory pelagic fish. 
Formerly, the charter vessel/headboat permit for coastal migratory 
pelagic fish applied in the EEZ of the Gulf and South Atlantic. The 
establishment of a separate charter vessel/headboat permit for Gulf 
coastal migratory pelagic fish under the moratorium established by 
paragraph (r) of this section necessitates that a separate charter 
vessel/headboat permit for South Atlantic coastal migratory pelagic 
fish also be established effective December 26, 2002, and that the 
former charter vessel/headboat permit for coastal migratory pelagic 
fish (applicable in both the Gulf and South Atlantic) be voided 
effective as of that same date. The newly required charter vessel/
headboat permit for South Atlantic coastal migratory pelagic fish is 
not subject to the provisions of the moratorium in paragraphs (r)(1) 
through (11) of this section.
    (ii) Application for and issuance of an initial charter vessel/
headboat permit for South Atlantic coastal migratory pelagic fish--(A) 
Owner of a vessel with a valid charter vessel/headboat permit for 
coastal migratory pelagic fish. On or about June 28, 2002, the RA, 
based on NMFS' permit records, will mail an application for an initial 
charter vessel/headboat permit for South Atlantic coastal migratory 
pelagic fish to each owner of a vessel with a valid charter vessel/
headboat permit for coastal migratory pelagic fish. Any such owner who 
desires an initial charter vessel/headboat permit for South Atlantic 
coastal migratory pelagic fish must submit the completed application to 
the RA. To avoid any lapse in authorization to fish for coastal 
migratory species in the South Atlantic EEZ (i.e., valid permit 
status), such owners must submit the completed application to the RA 
postmarked or hand-delivered not later than September 26, 2002. For 
completed applications received by that deadline, the RA will issue the 
permit no later than December 16, 2002. Applications will be accepted 
at any time, but if received after the deadline, the permit may not be 
issued prior to the date that the permit is first required (i.e., 
December 26, 2002). These special procedures apply only to the 
application and issuance of the initial permit; subsequent permitting 
activities will be conducted in accordance with the standard permitting 
procedures as specified in paragraphs (b) through (l) of this section.
    (B) Owner or operator of a vessel without a valid charter vessel/
headboat permit for coastal migratory pelagic fish. An owner or 
operator of a vessel who desires a charter vessel/headboat permit for 
South Atlantic coastal migratory pelagic fish and who does not have a 
valid charter vessel/headboat permit for coastal migratory pelagic fish 
must obtain a permit application from the RA. For additional permitting 
procedures, see paragraphs (b) through (l)of this section.
[FR Doc. 03-16345 Filed 6-24-03; 3:37 pm]
BILLING CODE 3510-22-S