[Federal Register Volume 69, Number 29 (Thursday, February 12, 2004)]
[Rules and Regulations]
[Pages 6921-6925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3081]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 031017264-4034-03; I.D. 100103C]
RIN 0648-AR48


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Referendum Procedures for a 
Potential Gulf of Mexico Red Snapper Individual Fishing Quota Program

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

ACTION: Final rule; statement of procedure.

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SUMMARY: NMFS issues this final rule to provide information about the 
schedule, procedures, and eligibility requirements for participating in 
referendums to determine whether an individual fishing quota (IFQ) 
program for the Gulf of Mexico commercial red snapper fishery should be 
prepared and, if so, whether it should subsequently be submitted to the 
Secretary of Commerce (Secretary) for review. The intended effect of 
this final rule is to implement the referendums consistent with the 
requirements of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).

DATES: This final rule is effective February 12, 2004.

ADDRESSES: Copies of supporting documentation for this final rule, 
which includes a regulatory impact review (RIR) and a Regulatory 
Flexibility Act Analysis (RFAA), are available from NMFS, Southeast 
Regional Office, 9721 Executive Center Drive N., St. Petersburg, FL 
33702. Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule may be submitted to Robert Sadler, Southeast Region, NMFS, at the 
above address, and to David Rostker, Office of Management and Budget 
(OMB), by e-mail to [email protected] or by fax to 202-395-
7285.

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

SUPPLEMENTARY INFORMATION: The reef fish fishery in the exclusive 
economic zone (EEZ) of the Gulf of Mexico is managed under the Fishery 
Management Plan for the Reef Fish Resources of the Gulf of Mexico 
(FMP). The FMP was prepared by the Gulf of Mexico Fishery Management 
Council (Council) and is implemented under the authority of the 
Magnuson-Stevens Act by regulations at 50 CFR part 622.

Background

    During the early to mid-1990s, the Council began development of an 
IFQ program for the commercial red snapper fishery in the Gulf of 
Mexico. Development of this program involved extensive interaction with 
the fishing industry, other stakeholders, and the public through 
numerous workshops, public hearings, and Council meetings. The program 
was approved by NMFS and was scheduled for implementation in 1996. 
However, Congressional action in late 1995 prohibited implementation of 
any new IFQ program in any U.S. fishery, including the Gulf of Mexico 
red snapper fishery, before October 2000. Subsequent Congressional 
action, passage of HR5666, incorporated this prohibition and related 
provisions into the 1996 amendments to the Magnuson-Stevens Act and 
ultimately extended the prohibition until October 1, 2002. However, 
HR5666 also provided authority to the Council to develop a profile for 
any fishery under its jurisdiction that may be considered for a quota 
management system.
    Under section 407(c) of the Magnuson-Stevens Act, the Council is 
authorized to prepare and submit a plan amendment and regulations to 
implement an IFQ program for the commercial red snapper fishery, but 
only if certain conditions are met. First, the preparation of such a 
plan amendment and regulations must be approved in a referendum. If the 
result of the referendum is approval, the Council would be responsible 
for preparing any such plan amendment and regulations through the 
normal Council and rulemaking processes that would involve extensive 
opportunities for industry and public review and input at various 
Council meetings, public hearings, and during public comment periods on 
the plan amendment and regulations. Second, the submission of the plan 
amendment and regulations to the Secretary for review and approval or 
disapproval must be approved in a subsequent referendum. Both 
referendums must be conducted in accordance with Section 407(c)(2). 
Section 407(c)(2) also specifies that, ``Prior to each referendum, the 
Secretary, in consultation with the Council, shall: (A) identify and 
notify all such persons

[[Page 6922]]

holding permits with red snapper endorsements and all such vessel 
captains; and (B) make available to all such persons and vessel 
captains information about the schedule, procedures, and eligibility 
requirements for the referendum and the proposed individual fishing 
quota program.''
    On October 27, 2003, NMFS published the original proposed rule to 
implement the red snapper referendum procedures; comments on the 
original proposed rule were requested through November 12,2003 (68 FR 
61178). Public comment received on that October 27, 2003, proposed rule 
expressed concern about the vote-weighting procedure and specifically 
objected to allowing both a qualified lessor and qualified lessee fully 
weighted votes resulting in double counting of these permits' 
associated landings. In response to those public comments, NMFS issued 
a second proposed rule (68 FR 75202, December 30, 2003) to include a 
broader range of potential options for weighting votes; comments on 
that proposed rule were requested through January 20, 2004.

Comments and Responses

    Following are the public comments that NMFS received on the 
original proposed rule (68 FR 61178, November 12,2003) and the revised 
proposed rule (68 FR 75202, December 30, 2003), along with NMFS' 
responses.
    Comment 1: Eight individuals stated that the proposed vote-
weighting criterion that allows one vote per qualifying pound to both 
the lessor and lessee, resulting in double counting of the qualifying 
poundage by these permit holders, while the other eligible voters will 
receive only one vote per qualifying pound, was inequitable. Three 
additional comments were received that supported adoption of 
Alternative Five in the revised proposed rule.
    Response: In response to public comments on the original proposed 
rule, NMFS revised the proposed rule to include a broader range of 
potential options for weighting votes. The additional vote-weighting 
alternatives were published in the Federal Register on December 30, 
2003 (68 FR 75202). Comments were accepted through January 20, 2004. 
Based on consideration of public comments and comments received from 
the Council on the revised proposed rule, NMFS has modified the vote-
weighting criteria that applies to eligible voters to address concerns 
about double counting. Under the original proposed rule, each eligible 
lessee and lessor would have received one full vote per applicable 
pound of red snapper landings. To avoid this double counting, the final 
rule specifies that in cases where more than one eligible voter has 
eligibility tied to a particular license, e.g., lessee and lessor, or a 
qualifying vessel captain and a license holder, all eligible voters 
associated with that license will have their vote weighted equally and 
their combined vote will equal one vote per pound of landings 
applicable to that license. For example, if a qualifying captain is 
eligible based on his/her landings under a specific license during the 
relevant time period, and that license is now held by a license holder 
who is not involved with lease arrangements with that license, but who 
is not the same qualifying captain, then each will get one-half of a 
vote per pound of landings associated with the license. In this 
example, should the current holder lease the same license, then each 
participant will have their vote weighted as one-third of a vote per 
pound, so their combined vote will equal the total number of pounds 
associated with the license. In cases where only one eligible voter has 
eligibility tied to a particular license, all applicable landings 
associated with that license accrue to that voter and the voter will be 
assigned a vote-weighting factor of one vote per pound.
    Comment 2: Two individuals commented that the general public should 
be allowed to vote in the red snapper IFQ referendums.
    Response: Section 407(c) of the Magnuson-Stevens Act states that 
``The Secretary, at the request of the Gulf Council, shall conduct 
referendums under this subsection. Only a person who held an annual 
vessel permit with a red snapper endorsement for such permit on 
September 1, 1996 (or any person to whom such permit with such 
endorsement was transferred after such date) and vessel captains who 
harvested red snapper in a commercial fishery using such endorsement in 
each red snapper fishing season occurring between January 1, 1993, and 
such date may vote in a referendum under this subsection. The 
referendum shall be decided by a majority of the votes cast. The 
Secretary shall develop a formula to weigh votes based on the 
proportional harvest under each such permit and endorsement and by each 
such captain in the fishery between January 1, 1993, and September 1, 
1996.'' Accordingly, the general public is precluded from voting in the 
red snapper IFQ referendum program.
    Comment 3: Two comments were received regarding the voting 
eligibility for lessees and lessors. One individual suggested that 
either the lessor or lessee be allowed to vote in both referendums, and 
the other individual stated that lessees of the Class 1 license should 
not be allowed to vote in the red snapper IFQ referendum. Further, one 
of these same individuals suggested that the lessor could convey voting 
rights to the lessee and that a lessee who receives the owner's 
(lessor's) proxy vote must submit written notice to NMFS within 10 days 
after publication in the Federal Register of the final rule 
implementing referendum procedures for both referendums.
    Response: Section 407(c)(2) of the Magnuson-Stevens Act establishes 
criteria regarding eligibility of persons to vote in the referendums. 
After careful consideration of those criteria and the practicality and 
fairness of several possible interpretations, NMFS has determined that 
the language contained in Section 407(c)(2) of the Magnuson-Stevens Act 
specifically referring to ``any person to whom such permit with such 
endorsement was transferred,'' was intended to include both lessors and 
lessees as permit holders with regard to voting qualifications, thus 
allowing both to vote in the referendums.
    Comment 4: One individual's comments were in support of an IFQ 
program for the Gulf of Mexico red snapper fishery.
    Response: NMFS agrees that an IFQ program is necessary to address a 
number of problems existing in the Gulf of Mexico red snapper fishery 
(i.e., derby fishing, harvest capacity, safety-at-sea issues, 
enforcement).
    Comment 5: One individual commented that red snapper Class 2 
license holders should be able to vote in the referendums. This 
individual also suggested that Class 2 permit holders may be eliminated 
from the IFQ process by Class 1 license holders if Class 2 license 
holders are not allowed to vote in the referendums.
    Response: Section 407(c) of the Magnuson-Stevens Act states that 
``The Secretary, at the request of the Gulf Council, shall conduct 
referendums under this subsection. Only a person who held an annual 
vessel permit with a red snapper endorsement for such permit on 
September 1, 1996 (or any person to whom such permit with such 
endorsement was transferred after such date) and vessel captains who 
harvested red snapper in a commercial fishery using such endorsement in 
each red snapper fishing season occurring between January 1, 1993, and 
such date may vote in a referendum under this subsection. The 
referendum shall be decided by a majority of the votes cast. The 
Secretary shall develop a formula to weigh votes based on the 
proportional harvest under each such permit and

[[Page 6923]]

endorsement and by each such captain in the fishery between January 1, 
1993, and September 1, 1996.'' The Class 1 license holders' original 
license eligibility was based on their historical participation in the 
red snapper fishery during the years 1990-1992, during which they 
landed at least 5,000 lb (2,268 kg) of red snapper. Under this 
qualifying criterion, these fishermen were issued the original red 
snapper endorsement that subsequently became the Class 1 license. 
Accordingly, red snapper Class 2 license holders are precluded from 
voting in the red snapper IFQ referendum program.
    However, it should be noted that the procedures and eligibility 
criteria used for purposes of conducting the referendums have no 
bearing on the procedures and eligibility requirements that might be 
applied in any future IFQ program that may be developed by the Council. 
The provisions of any proposed IFQ program will be developed 
independently by the Council through the normal plan amendment and 
rulemaking processes that will involve extensive opportunities for 
public review and comment during Council meetings, public hearings, and 
public comment on any proposed rule. Further, there is no relation 
between eligibility to vote in the referendums, as described in this 
final rule, and any eligibility regarding a subsequent IFQ program.
    Comment 6: One individual objected to the timing of the public 
comment period on the original proposed rule and stated that it 
coincided with the November 1-10, 2003, commercial red snapper fishing 
season and did not allow fishermen enough time to respond.
    Response: On October 27, 2003, NMFS published the original proposed 
rule that described procedures and eligibility requirements for 
participating in referendums regarding a potential IFQ program for the 
Gulf of Mexico commercial red snapper fishery. Comments were requested 
through November 12, 2003 (68 FR 61178). In response to those public 
comments, NMFS revised the proposed rule to include a broader range of 
potential options for weighting votes. The additional vote-weighting 
alternatives were published in the Federal Register on December 30, 
2003 (68 FR 75202). Comments were accepted through January 20, 2004. 
The agency provided these criteria to the general public, especially 
those fishing communities that may be affected by the proposed 
alternatives, in as timely a fashion as possible.

Changes from the Proposed Rule

    Based on consideration of public comments and comments received 
from the Council on the proposed rules, NMFS has modified the vote-
weighting procedure that applies to eligible voters to address concerns 
about double counting of landings. Under the proposed rule, each 
eligible lessee and lessor would have received one full vote per 
applicable pound of red snapper landings. To avoid this double counting 
of landings, the final rule specifies that in cases where more than one 
eligible voter has eligibility tied to a particular license, all 
eligible voters associated with that license will have their vote 
weighted equally such that their combined vote will equal one vote per 
pound of landings applicable to that license. Wording within the 
section of the final rule entitled ``How Will Votes Be Weighted?'' has 
been revised accordingly.

Purpose of this Final Rule and the Referendums

    NMFS, in accordance with the provisions of section 407(c) of the 
Magnuson-Stevens Act, will conduct referendums to determine, based on 
the majority vote of eligible voters, whether a plan amendment and 
regulations to implement an IFQ program for the Gulf of Mexico 
commercial red snapper fishery should be prepared and, if so, whether 
any subsequently prepared plan amendment and regulations should be 
submitted to the Secretary for review and approval or disapproval. The 
primary purpose of this final rule is to notify potential participants 
in the referendums, and members of the public, of the procedures, 
schedule, and eligibility requirements that NMFS will use in conducting 
the referendums. The procedures and eligibility criteria used for 
purposes of conducting the referendums have no bearing on the 
procedures and eligibility requirements that might be applied in any 
future IFQ program that may be developed by the Council. The provisions 
of any proposed IFQ program would be developed independently by the 
Council through the normal plan amendment and rulemaking processes that 
would involve extensive opportunities for public review and comment 
during Council meetings, public hearings, and public comment on any 
proposed rule. There is no relation between eligibility to vote in the 
referendums, as described in this final rule, and any eligibility 
regarding a subsequent IFQ program.

Referendum Processes

Who Will Be Eligible to Vote in the Referendums?

    Section 407(c)(2) of the Magnuson-Stevens Act establishes criteria 
regarding eligibility of persons to vote in the referendums. Those 
criteria are subject to various interpretations. After careful 
consideration of those criteria, the practicality and fairness of 
several possible interpretations, and public comments, NMFS has 
determined that the following persons will be eligible to vote in the 
referendums.
    (I) For the initial referendum:
    (A) A person who according to NMFS permit records has continuously 
held their Gulf red snapper endorsement/Class I license from September 
1, 1996, through February 12, 2004;
    (B) In the case of a Class 1 license that has been transferred 
through sale since September 1, 1996, the person that according to 
NMFS' permit records holds such Class 1 license as of February 12, 
2004;
    (C) In the case of a Class 1 license that has been transferred 
through lease since September 1, 1996, both the final lessor and final 
lessee as of February 12, 2004, as determined by NMFS' permit records; 
and
    (D) A vessel captain who harvested red snapper under a red snapper 
endorsement in each red snapper commercial fishing season occurring 
between January 1, 1993, and September 1, 1996.
    (II) For the second referendum:
    (A) A person who according to NMFS permit records has continuously 
held their Gulf red snapper endorsement/Class I license from September 
1, 1996 through the date of publication in the Federal Register of a 
subsequent notice announcing the second referendum;
    (B) In the case of a Class 1 license that has been transferred 
through sale since September 1, 1996, the person that according to 
NMFS' permit records holds such Class 1 license as of the date of 
publication in the Federal Register of a subsequent notice announcing 
the second referendum;
    (C) In the case of a Class 1 license that has been transferred 
through lease since September 1, 1996, both the final lessor and final 
lessee as of the date of publication in the Federal Register of a 
subsequent notice announcing the second referendum, as determined by 
NMFS' permit records; and
    (D) A vessel captain who harvested red snapper under a red snapper 
endorsement in each red snapper commercial fishing season occurring 
between January 1, 1993, and September 1, 1996.

[[Page 6924]]

    A person will only receive voting eligibility under one of the 
eligibility criteria, i.e., a person will not receive dual voting 
eligibility by being both a qualifying vessel captain and a qualifying 
holder of an endorsement/Class I license.
    NMFS has sufficient information in the Southeast Regional Office 
fisheries permit database to identify those persons who will be 
eligible to vote in the referendums based on their having held a red 
snapper endorsement/Class 1 license during the required periods. 
However, NMFS did not have sufficient information to identify vessel 
captains whose eligibility would be based on the harvest of red snapper 
under a red snapper endorsement in each red snapper commercial fishing 
season occurring between January 1, 1993, and September 1, 1996. To 
obtain that information, NMFS prepared and distributed a fishery 
bulletin that described the general referendum procedures and provided 
a 20-day period (ending August 18, 2003) for submittal of detailed 
information by those vessel captains. That fishery bulletin was widely 
distributed to all Gulf reef fish permitees, including dealers, and to 
major fishing organizations, state fisheries directors, and others. 
Information received from that solicitation will be used to identify 
vessel captains whose eligibility to vote in the referendums is based 
on the red snapper harvest criterion.

How Will Votes Be Weighted?

    Section 407(c)(2) of the Magnuson-Stevens Act requires that NMFS 
develop a formula to weight votes based on the proportional harvests 
under each eligible endorsement and by each eligible captain between 
the period January 1, 1993, and September 1, 1996. NMFS will obtain 
applicable red snapper landings data from the Southeast Fisheries 
Science Center reef fish logbook database. Information from NMFS' 
Southeast Regional Office permit database will be used to assign 
applicable landings to each eligible voter (red snapper endorsement/
Class 1 license holder, lessee/lessor, or vessel captain). In cases 
where only one eligible voter has eligibility tied to a particular 
license, all applicable landings associated with that license accrue to 
that voter, and the voter will be assigned a vote-weighting factor of 
one vote per pound. In cases where more than one eligible voter has 
eligibility tied to a particular license, e.g., lessee and lessor, or a 
qualifying vessel captain and a license holder, all eligible voters 
associated with that license will have their vote weighted equally such 
that their combined vote will equal one vote per pound of landings 
applicable to that license. For example, if a qualifying captain is 
eligible based on his/her landings under a specific license during the 
relevant time period, and that license is now held by a license holder 
who is not involved with lease arrangements with that license, but who 
is not the same qualifying captain, then each would get one-half of a 
vote per pound of landings associated with the license. In this 
example, should the current holder lease the same license, then each 
participant would have their vote weighted as one-third of a vote per 
pound, so that their combined vote would equal the total number of 
pounds associated with the license.
    The weighting procedure is complicated somewhat by requirements to 
protect the confidentiality of landings data, when the applicable 
landings history involves landings by different entities. To address 
confidentiality concerns, NMFS will establish a series of categories 
(ranges) of red snapper landings based on 5,000-lb (2,268-kg) 
intervals, e.g., 0-5,000 lb (0-2,268 kg); 5,001-10,000 lb (2,268-4,536 
kg); etc., concluding with the interval that includes the highest 
documented landings. The total landings between the period January 1, 
1993, and September 1, 1996, associated with each license, will be 
attributed to the appropriate category. The overall average pounds 
landed attributed to each category will be determined. That average 
number of pounds will be the base applied to the vote-weighting factor 
for each eligible voter whose landings fall within that category.
    For example, if the overall average number of pounds attributed to 
the 5,001-10,000-lb (2,268-4,536-kg) category is 8,150 lb (3,697 kg), 
each eligible voter within that category would receive votes equal to 
8,150 multiplied by the applicable vote-weighting factor, e.g. 8,150 X 
1.0 = 8,150 votes if only one voter was associated with the license; 
8,150 X 0.5 = 4075 votes each for a lessee and lessor associated with 
the same license; 8,150 X 0.33 = 2,690 votes each for a qualifying 
vessel captain, lessee, and lessor all associated with the same 
license.

How Will the Vote Be Conducted?

    On or about January 30, 2004, NMFS will mail each eligible voter a 
ballot that would specify the number of votes (weighting) that that 
voter is assigned. NMFS will mail the ballots and associated 
explanatory information, via certified mail return receipt requested, 
to the address of record indicated in NMFS' permit database for 
endorsement/Class I license holders and, for vessel captains, to the 
address provided to NMFS by the captains during the prior information 
solicitation that ended August 18, 2003. All votes assigned to an 
eligible voter must be cast for the same decision, i.e., either all to 
approve or all to disapprove the applicable referendum question. The 
ballot must be signed by the eligible voter. Ballots must be mailed to 
Phil Steele, Southeast Regional Office, NMFS, 9721 Executive Center 
Drive N., St. Petersburg, FL 33702. Ballots for the initial referendum 
must be received at that address by 4:30 p.m., eastern time, February 
27, 2004; ballots received after that deadline will not be considered 
in determining the outcome of the initial referendum. Although it will 
not be required, voters may want to consider submitting their ballots 
by registered mail.

How Will the Outcome of the Referendums Be Determined?

    Vote counting will be conducted by NMFS. Approval or disapproval of 
the referendums will be determined by a majority (i.e., a number 
greater than half of a total) of the votes cast. NMFS will prepare a 
fishery bulletin announcing the results of each referendum that is 
conducted and will distribute the bulletin to all Gulf reef fish 
permitees, including dealers, and to other interested parties. The 
results will also be posted on NMFS' Southeast Regional Office's 
website at http://caldera.sero.nmfs.gov.

What Will Happen After the Initial Referendum?

    NMFS will present the results of the initial referendum at the 
March 8-11, 2004, Council meeting in Mobile, AL. If the initial 
referendum fails, the Council cannot proceed with preparation of a plan 
amendment and regulations to implement an IFQ program for the 
commercial red snapper fishery in the Gulf of Mexico. If the initial 
referendum is approved, the Council would be authorized, if it so 
decides, to proceed with development of a plan amendment and 
regulations to implement an IFQ program for the commercial red snapper 
fishery in the Gulf of Mexico. The proposed IFQ program would be 
developed through the normal Council and rulemaking processes that 
would involve extensive opportunities for industry and public review 
and input at various Council meetings, public hearings, and during 
public comment periods on the plan amendment and regulations. The plan 
amendment and

[[Page 6925]]

regulations could only be submitted to the Secretary for review and 
approval or disapproval if in a second referendum approval of the 
submission was passed by a majority (i.e., a number greater than half 
of a total) of the votes cast by the eligible voters as described in 
this final rule. NMFS would announce any required second referendum by 
publishing a notice in the Federal Register that would provide all 
pertinent information regarding the referendum. Any second referendum 
would be conducted in conformance with Section 407(c)(2) of the 
Magnuson-Stevens Act and the provisions outlined in this final rule.

Background Information About a Potential IFQ Program

    In anticipation of the October 2002 expiration of the Congressional 
moratorium on development of IFQ programs, and recognizing that HR5666 
provided the Council the authority to develop a profile for any fishery 
that may be considered for a quota management system, some members of 
the commercial red snapper fishery requested that the Council develop 
an IFQ profile for the fishery. Based on that request, the Council 
convened an Ad Hoc Red Snapper Advisory Panel (AHRSAP), comprised of 
participants in the commercial red snapper fishery and other 
individuals knowledgeable about the fishery and/or IFQ programs, to 
develop a profile. This profile, later referred to as an Individual 
Transferable Quota (ITQ) Options Paper for the Problems Identified in 
the Gulf of Mexico Red Snapper Fishery, provides background information 
about historical management of the red snapper fishery, problems in the 
fishery, management goals, and issues and management alternatives 
associated with a potential IFQ/ITQ program. The profile addresses such 
issues as: ITQ units of measurement (percentage of quota or pounds of 
red snapper); duration of ITQ rights; set-aside for non-ITQ catches 
under current commercial quota; actions to be taken if the quota 
increases or decreases; types of ITQ share certificates; initial 
allocation of ITQ shares and annual coupons (including eligibility, 
apportionment, transferability of landings histories, etc.); possible 
controls on ownership and transfer of ITQ shares; whether to include a 
``use it or lose it'' provision; disposition of unused or sanctioned 
ITQ shares and coupons; possible landings restrictions; monitoring of 
ITQ share certificates and annual coupons; quota tracking; an appeals 
process; and size limit changes.
    This profile represents an outline of an IFQ program as envisioned 
by the AHRSAP, with input from the Council--it does not reflect any 
final decisions by the Council regarding the structure of a proposed 
IFQ program for the red snapper commercial fishery. The Council may 
consider the options in the profile, and perhaps a variety of other 
options, if it chooses to pursue development of an IFQ program for the 
fishery. However, for purposes of the initial referendum, the Council 
intentionally refrained from adopting the profile. Any subsequent 
development of a proposed IFQ program for the red snapper commercial 
fishery would be conducted through the normal Council and Federal 
rulemaking processes that ensure numerous opportunities for review and 
comment by industry participants and members of the public.

Classification

    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 this 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 this certification. As a 
result, no initial or final regulatory flexibility analysis was 
prepared. Copies of the RIR and RFAA are available (see ADDRESSES).
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
under 5 U.S.C. 553(d)(3) to waive the 30-day delayed effectiveness 
period for this final rule. A 30-day delayed effectiveness period is 
unnecessary because there are no associated management measures that 
would require compliance by the affected public. This final rule 
describes the procedures for conducting referendums to determine 
whether an IFQ program should be prepared for the Gulf of Mexico 
commercial red snapper fishery, and, if so, whether the subsequently 
prepared IFQ program should be submitted to the Secretary of Commerce 
for review. These procedures are consistent with the mandates of the
    Magnuson-Stevens Act. Waiver of the 30-day delayed effectiveness 
period would not affect the voting rights of eligible participants and 
merely will require NMFS to conduct the referendum more quickly, which 
it is fully prepared to do.
    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 OMB control number.
    This rule contains collection-of-information requirements subject 
to the PRA. The collection of this information has been approved by the 
OMB, OMB Control Number 0648-0477. Public reporting burden for this 
collection of information is estimated to average 10 minutes for a 
response to an initial referendum regarding preparation of an IFQ 
program; 20 minutes for a response to a subsequent referendum; and 10 
minutes per response for any information request regarding vessel 
captains, 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 this burden estimate, or any other aspect of this data 
collection, including suggestions for reducing the burden, to NMFS and 
OMB (see ADDRESSEES).

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

    Dated: February 9, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 04-3081 Filed 2-10-04; 10:55 am]
BILLING CODE 3510-22-S