[Federal Register Volume 78, Number 147 (Wednesday, July 31, 2013)]
[Rules and Regulations]
[Pages 46292-46294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18434]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130326296-3642-02]
RIN 0648-BD10


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Coastal Migratory Pelagic 
Resources of the Gulf of Mexico and South Atlantic; Abbreviated 
Framework

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 management measures 
described in an abbreviated framework to the Fishery Management Plans 
(FMPs) for the Reef Fish Resources of the Gulf of Mexico prepared by 
the Gulf of Mexico Fishery Management Council (Gulf Council), and 
Coastal Migratory Pelagic Resources prepared by the Gulf Council and 
the South Atlantic Fishery Management Council (South Atlantic Council). 
This final rule eliminates the requirement to submit a current 
certificate of inspection (COI) provided by the U.S. Coast Guard (USCG) 
with the application to renew or transfer a Federal Gulf of Mexico 
(Gulf) coastal migratory pelagic (CMP) or reef fish charter vessel/
headboat permit (hereafter referred to as a for-hire permit) and 
eliminates the restriction on transferring for-hire permits to a vessel 
of greater authorized passenger capacity than specified on the permit. 
This final rule also prohibits the harvest or possession of CMP or reef 
fish species on a vessel with a Gulf for-hire permit that is carrying 
more passengers than is specified on the permit. The purpose of this 
final rule is to simplify the passenger capacity requirements for 
transfers and renewals of Gulf CMP and reef fish for-hire permits to 
provide more flexibility in the use of these permitted vessels.

DATES: This rule is effective August 30, 2013.

ADDRESSES: Electronic copies of the abbreviated framework, which 
includes a regulatory impact review, a Regulatory Flexibility Act 
analysis, and a social impact assessment, may be obtained from the 
Southeast Regional Office Web site at http://sero.nmfs.noaa.gov.
    Comments regarding the burden-hour estimates or other aspects of 
the collection-of-information requirements contained in this final rule 
may be submitted in writing to Anik Clemens, Southeast Regional Office, 
NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; and Office of 
Management and Budget (OMB), by email at [email protected], 
or by fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office, 
telephone 727-824-5305, email [email protected].

SUPPLEMENTARY INFORMATION: The Gulf reef fish and CMP fisheries are 
managed under their respective FMPs. The Gulf reef fish FMP was 
prepared by the Gulf Council and the CMP FMP was prepared by the Gulf 
and South Atlantic Councils and both FMPs are implemented through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
    On June 21, 2013, NMFS published a proposed rule for the 
abbreviated framework and requested public comment (78 FR 37500). The 
proposed rule and abbreviated framework outline the rationale for the 
actions contained in the final rule. A summary of the actions 
implemented by this final rule is provided below.
    Current regulations limit Gulf for-hire permit transfers and 
renewals to vessels that have the same passenger capacity or a lower 
passenger capacity to limit overall fishing effort. Because passenger 
capacity is currently based on the USCG COI, this limits the ability of 
the owner of a permitted vessel to transfer the Gulf for-hire permit to 
a vessel that has a higher passenger capacity listed on the COI or to 
renew the permit under the higher passenger capacity listed on the COI. 
Under such scenarios, the only way to renew or transfer a permit is to 
have the USCG adjust the COI so that it is less than or equal to the 
passenger capacity identified on the Gulf for-hire permit, which was 
based on the COI of the vessel when the moratorium Gulf for-hire permit 
was first issued, even though a vessel could safely carry more 
passengers, or subsequently has had the COI revised to carry more 
passengers.
    This final rule eliminates the requirement to submit a current USCG 
COI with the application to renew or transfer a Gulf for-hire permit, 
eliminates the restriction on transferring for-hire permits to a vessel 
of greater authorized passenger capacity than specified on the permit, 
and implements a provision that prohibits the harvest or possession of 
reef fish or CMP species on a vessel with a Gulf for-hire permit

[[Page 46293]]

that is carrying more passengers than specified on the vessel's Gulf 
for-hire permit. Because the passenger capacity for the Gulf for-hire 
vessel when fishing will be based on the COI of the vessel when the 
moratorium Gulf for-hire permit was first issued, the cap on fishing 
effort, which was the original purpose of the moratorium permits, will 
be maintained. As a result of this action, the requirements to renew or 
transfer a Gulf for-hire permit are simplified, for-hire effort control 
in the reef fish and CMP fisheries will be maintained, and vessel 
owners will be allowed to carry more passengers for non-fishing 
activities if their COI is greater than the passenger capacity on their 
fore-hire permit.

Comments and Responses

    NMFS received three comments from individuals on the abbreviated 
framework and the proposed rule. All three comments were in support of 
the actions contained in the abbreviated framework and the proposed 
rule. NMFS agrees with these comments. No changes were made in the 
final rule based on public comment.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
that this final rule is necessary for the management of the Gulf reef 
fish and coastal migratory pelagic fisheries and is consistent with the 
abbreviated framework, the FMP, the Magnuson-Stevens Act and other 
applicable law.
    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 during the proposed rule stage that this rule would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination was published in the 
proposed rule and is not repeated here. No comments were received 
regarding the certification and NMFS has not received any new 
information that would affect its determination. As a result, a final 
regulatory flexibility analysis was not required and none was prepared.
    This final rule contains collection-of-information requirements 
subject to the requirements of the Paperwork Reduction Act (PRA), which 
have been approved by OMB under control number 0648-0205. NMFS 
estimates eliminating the requirement for Gulf for-hire permit holders 
to submit a current COI to renew or transfer a Gulf reef fish or CMP 
for-hire permit decreases the overall reporting burden under OMB 
control number 0648-0205. The requirement to submit a current COI is 
removed from the instructions on the Federal Permit Application for 
Vessels Fishing in the EEZ and a COI does not need to be submitted with 
the application to renew or transfer a permit. NMFS estimates these 
requirements decrease the reporting burden for Gulf for-hire permit 
holders who are renewing or transferring a Gulf for-hire permit on 
average by 1 minute per response. These estimates of the public 
reporting burden include the time for reviewing instructions, gathering 
and maintaining the data needed, and completing and reviewing the 
collection-of-information. Send comments regarding the burden estimate 
or any other aspect of the collection-of-information requirement, 
including suggestions for reducing the burden, to NMFS and to 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 in 50 CFR Part 622

    Certificate of inspection, Fisheries, Fishing, For-Hire, Gulf, 
Reporting and recordkeeping requirements.

    Dated: July 25, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, 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.  622.13, paragraph (g) is added to read as follows:


Sec.  622.13  Prohibitions--general.

* * * * *
    (g) Fail to comply with the passenger capacity related requirements 
in Sec. Sec.  622.20(b)(1) and 622.373(b)(1).


0
3. In Sec.  622.20, paragraphs (b)(1)(i)(A) and (B) are revised and 
paragraph (b)(1)(iv) is added to read as follows:


Sec.  622.20  Permits and endorsements.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (A) Permits without a historical captain endorsement. A charter 
vessel/headboat permit for Gulf reef fish that does not have a 
historical captain endorsement is fully transferable, with or without 
sale of the permitted vessel.
    (B) Permits with a historical captain endorsement. A charter 
vessel/headboat permit for Gulf reef fish that has a historical captain 
endorsement may only be transferred to a vessel operated by the 
historical captain and is not otherwise transferable.
* * * * *
    (iv) Passenger capacity compliance requirement. A vessel operating 
as a charter vessel or headboat with a valid charter vessel/headboat 
permit for Gulf reef fish, which is carrying more passengers on board 
the vessel than is specified on the permit, is prohibited from 
harvesting or possessing the species identified on the permit.
* * * * *

0
4. In Sec.  622.373, paragraphs (b)(1) and (2) are revised and 
paragraph (e) is added to read as follows:


Sec.  622.373  Limited access system for charter vessel/headboat 
permits for Gulf coastal migratory pelagic fish.

* * * * *
    (b) * * *
    (1) Permits without a historical captain endorsement. A charter 
vessel/headboat permit for Gulf coastal migratory pelagic fish that 
does not have a historical captain endorsement is fully transferable, 
with or without sale of the permitted vessel.
    (2) Permits with a historical captain endorsement. A charter 
vessel/headboat permit for Gulf coastal migratory pelagic fish that has 
a historical captain endorsement may only be transferred to a vessel 
operated by the historical captain and is not otherwise transferable.
* * * * *
    (e) Passenger capacity compliance requirement. A vessel operating 
as a charter vessel or headboat with a valid charter vessel/headboat 
permit for Gulf coastal migratory pelagic fish, which is carrying more 
passengers on board the vessel than is specified on the permit, is 
prohibited from harvesting or

[[Page 46294]]

possessing the species identified on the permit.

[FR Doc. 2013-18434 Filed 7-30-13; 8:45 am]
BILLING CODE 3510-22-P