[Federal Register Volume 85, Number 15 (Thursday, January 23, 2020)]
[Proposed Rules]
[Pages 3885-3889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00935]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 200115-0018]
RIN 0648-BI12
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Resources of the Gulf of Mexico and Coastal Migratory Pelagic
Resources of the Gulf of Mexico and Atlantic Region; Historical Captain
Permits Conversions
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures as described in
an abbreviated framework action to the Fishery Management Plans (FMPs)
for Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP) and
Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and
Atlantic Region (CMP FMP), as prepared by the Gulf of Mexico Fishery
Management Council (Gulf Council). This proposed rule would modify the
Federal regulations for historical captain permits in the reef fish and
CMP fisheries in the Gulf of Mexico (Gulf) Exclusive Economic Zone
(EEZ), to provide an opportunity for eligible historical captain permit
holders to replace their permits with standard Federal charter vessel/
headboat permits. It is expected that the rule would reduce the
regulatory and economic burden on historical captain permit holders. In
addition, NMFS proposes a correction to the regulations regarding
commercial king mackerel permit requirements from an inadvertent error
in the final rule for Amendment 20A to the FMP for the CMP Resources in
the Gulf of Mexico and Atlantic Region.
DATES: Written comments must be received on or before February 22,
2020.
ADDRESSES: You may submit comments on the proposed rule identified by
``NOAA-NMFS-2019-0081'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0081, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Rich Malinowski,
Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg,
FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of the Framework Amendment may be obtained from the
Southeast Regional Office website at https://www.fisheries.noaa.gov/action/framework-action-replacement-historical-captain-permits-standard-federal-charter-headboat. The abbreviated framework includes a
Regulatory Flexibility Act (RFA) analysis and a regulatory impact
review.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, Southeast Regional
Office, NMFS, telephone: 727-824-5305; email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS and the Gulf Council manage reef fish
resources in the Gulf EEZ under the Reef Fish FMP. The CMP fishery in
the Gulf of Mexico and Atlantic regions is managed jointly by the Gulf
Council and South Atlantic Fishery Management Council (Councils).
The Gulf Council prepared the Reef Fish FMP and the Councils
jointly prepared the CMP FMP. NMFS implements the FMPs through
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
(16 U.S.C. 1801, et seq.).
Background
During the 1980s and 1990s, the number of charter and headboat
(for-hire) vessels operating in the recreational Gulf reef fish and CMP
fisheries increased rapidly, creating concern among the Gulf Council,
NMFS, and other members of the industry about the viability of the
industry and the sustainability of the fish stocks they were
harvesting. The Gulf Council was also concerned about the rapid
increase in the number of reef fish and CMP for-hire permits and trips,
and the increased proportion of the catch harvested by the for-hire
fleet.
In response to these concerns, the Gulf Council developed Amendment
14 to the CMP FMP and Amendment 20 to the Reef Fish FMP (CMP Amendment
14/Reef Fish Amendment 20) that, when implemented by NMFS, established
a 3-year moratorium on the issuance of new charter vessel/headboat
permits in the reef fish and CMP fisheries in the Gulf EEZ (67 FR
43558, June 28, 2002). The purpose of the moratorium was to cap the
number of for-hire permitted vessels while the Gulf Council evaluated
the need for further management actions to rebuild fishery resources. A
fully transferable reef fish or CMP charter vessel/headboat permit,
hereafter referred to as a standard permit, was issued to eligible for-
hire operators, which included those individuals who (1) owned a vessel
with a valid charter vessel/headboat permit, or (2) could demonstrate
that, prior to March 29, 2001, they had a charter vessel or headboat
under construction, with associated expenditures of at least $5,000.
The Gulf Council recognized that some captains participating in the
for-hire reef fish and CMP fisheries operated other individuals'
vessels and did not own their vessels, and therefore were not eligible
for a standard permit. Under CMP Amendment 14/Reef Fish Amendment 20,
these captains were eligible to apply for a permit with a historical
captain endorsement, referred
[[Page 3886]]
to hereafter as a historical captain permit. Eligibility requirements
for the historical captain permit included demonstrating a captain was
licensed and operated a federally permitted for-hire vessel in the Gulf
reef fish or CMP fisheries before March 29, 2001, and that at least 25
percent of their earned income came from for-hire fishing in at least
one of the following years: 1997, 1998, 1999, or 2000.
Unlike a standard permit, a historical captain permit is attached
to the individual instead of a specific vessel and has certain
restrictions. A historical captain permit requires the captain to be on
the vessel when operating a for-hire trip, and a historical captain
permit cannot be transferred or sold.
Persons who submitted evidence of eligibility as a historical
captain within 90 days of the implementation of the CMP Amendment 14/
Reef Fish Amendment 20 were issued letters of eligibility, which could
be used to obtain a historical captain permit. Initially a total of 141
historical captain permits for reef fish and CMP charter/headboat
vessels were issued by the NMFS Southeast Fisheries Permits Office.
In 2006, NMFS implemented Reef Fish Amendment 25/CMP Amendment 17
(71 FR 28282, May 16, 2006), which established a limited access program
for permitting for-hire vessels for the reef fish and CMP fisheries in
the Gulf EEZ, effectively extending the permit moratorium indefinitely.
The historical captain permit continued to be a category of permit
following implementation of Reef Fish Amendment 25/CMP Amendment 17,
and previously issued letters of eligibility remained valid, as did the
historical captain permits, providing permit procedures for retention
and renewal were followed.
In January 2018, the Gulf Council began development of an action to
allow historical captain permit holders to convert existing reef fish
and CMP historical captain permits to standard charter vessel/headboat
permits, after hearing public testimony about the economic hardships
caused by the restrictions imposed on historical captain permits.
Converting a historical captain permit would allow the permit holder to
lease the vessel to another captain or have another captain operate the
vessel. Additionally, unlike a historical captain permit, a standard
permit is fully transferrable in accordance with 50 CFR
622.20(b)(1)(i), which provides the opportunity to transfer the permit
to a family member or any other eligible person, and provides greater
flexibility in permit ownership to the holder. For example, a fully
transferable standard permit allows the family of a permitted captain
who has died to retain the permit, unlike a historical captain permit,
which expires upon the captain's death. In contrast to the historical
captain permit, being able to transfer the standard permit to another
entity provides the permit holder an opportunity to sell or trade the
permit.
At their October 2018 meeting, the Gulf Council determined that
only the individuals who had a valid (non-expired) or renewable
historical captain permit as of October 25, 2018, would be eligible to
convert that permit to a standard permit. As of that date, 32 captains
held a valid (non-expired) or renewable historical captain permit; all
but one have both a reef fish and a CMP historical captain permit, and
the remaining captain has a CMP historical captain permit only. This
framework action by the Gulf Council is limited to those 32
individuals, because the Council's intent is to provide additional
flexibility to fishermen who have relied on the historical captain
permit for their livelihood.
Each permit provides a maximum number of passengers allowed on
board a vessel operating under the permit. While listed on the permit
as the ``Permit Maximum Passenger Capacity,'' this number is commonly
referred to as the ``passenger capacity.'' The Gulf Council decided
that a standard for-hire permit issued as a result of this framework
action would have the same passenger capacity as the historical captain
permit that it would replace. For instance, 27 of the 32 for-hire
vessels operated with historical captain permits as of October 25,
2018, have a passenger capacity of 6 people. Therefore, when converted
to standard permits, vessels operating under these permits would each
retain the same 6-person passenger capacity on for-hire trips in the
EEZ.
Some of the letters of eligibility sent to historical captains in
2003 have not been redeemed and are still valid. The Gulf Council
determined that previously issued eligibility letters for historical
captains will be invalid as of the effective date of any final rule to
implement the framework action in this proposed rule. If an individual
redeems an outstanding letter of eligibility for a historical captain
permit before any effective date of the final rule, they could receive
a historical captain permit, but they would not be eligible for
conversion of that historical captain permit into standard for-hire
permit at that time.
Management Measures Contained in This Proposed Rule
This proposed rule would extend the same rights and
responsibilities of standard Gulf reef fish and CMP charter vessel/
headboat permits to eligible individuals who choose to convert their
historical captain permits to standard permits.
If an individual who holds an eligible (non-expired) or renewable
historical captain permit as of October 25, 2018, and wishes to retain
a historical captain permit, the individual would renew the permit as
done in previous years. This would include filling out all sections of
the permit application specifically related to the historical captain
permit renewal process and providing the appropriate supporting
documents and fees to the NMFS Southeast Fisheries Permits Office.
If an individual with an eligible historical captain permit wishes
to convert the permit to a standard reef fish or CMP charter vessel/
headboat permit, the individual would submit a permit application to
the NMFS Southeast Fisheries Permits Office along with their current
historical captain permit (original document, not a copy) and
supporting documents and fees, including documentation for the vessel
to which the standard for-hire permit would be attached. Unlike a
historical captain permit, which is issued to an individual, a standard
permit must be issued to a vessel with a valid U.S. Coast Guard (USCG)
certificate of documentation (COD) or state registration certificate
(50 CFR 622.4(a)). If the permit applicant is the owner of the vessel,
NMFS Southeast Fisheries Permits Office staff would verify that the
vessel for which the new for-hire permit would be issued is owned by
the applicant and does not have an existing Gulf reef fish or CMP
charter vessel/headboat permit associated with it, as vessels are not
allowed to have multiple charter vessel/headboat permits of the same
type associated with them.
If the vessel to which the permit would be attached is to be
leased, a fully executed lease agreement of at least 7 months, between
the vessel owner and permit holder, would need to be included with the
application. Note that vessel owners and lessees cannot independently
hold permits for the same vessel at the same time. NMFS Southeast
Fisheries Permits Office staff would then verify the vessel does not
have any other Federal permit(s) associated with it in another permit
holder's name.
Once the NMFS Southeast Fisheries Permits Office verifies that the
[[Page 3887]]
information provided with the application allows for the conversion,
the historical captain permit would be converted to a standard reef
fish or CMP charter vessel/headboat permit. Due to the uniqueness of
the historical captain permit number, the new permit would keep the
existing permit number (e.g., HRCG-9999 would convert to RCG-9999).
Any application to convert from a historical captain permit to a
standard permit must be submitted to NMFS within 2 years of the
effective date of a final rule to implement this framework amendment.
Any application submitted more than 2 years after the effective date of
a final rule would not be accepted by NMFS, and the individual would
instead retain their historical captain permit.
Additional Proposed Changes to Codified Text Not in the Framework
Action
In June 2014, NMFS published the final rule for Amendment 20A to
the CMP FMP in the Federal Register (79 FR 34246, June 16, 2014).
Amendment 20A removed the income qualification requirements for Spanish
and king mackerel in the Gulf and Atlantic and restricted the sale of
these species caught under the recreational bag limit. However, a
regulation regarding the transfer requirements of limited access
commercial vessel permits for king mackerel (50 CFR 622.371(b)), was
inadvertently removed. As a result, current regulations unnecessarily
restrict the transfer of Gulf commercial king mackerel permits to
another vessel owned by the same entity. NMFS has only recently become
aware of this error. Therefore, this proposed rule would correct this
error by adding the following sentence to regulations at 50 CFR
622.371(b): ``A permit holder may also transfer the commercial vessel
permit for king mackerel to the owner of another vessel or to a new
vessel owner when he or she transfers ownership of the permitted
vessel.''
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the framework action, the respective FMPs, the
Magnuson-Stevens Act, and other applicable laws, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866. This rule is expected to be an
Executive Order 13771 deregulatory action.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this determination follows.
A description of this proposed rule, why it is being considered,
and the objectives of this proposed rule are contained in the preamble.
The Magnuson-Stevens Act provides the statutory basis for this proposed
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified.
This proposed rule, if implemented, would apply to all for-hire
vessels that had a reef fish or CMP historical captain permit at the
time that the Gulf Council considered this action in October 2018. As
of October 25, 2018, there were 32 historical captains that had either
a valid (non-expired) or renewable Gulf reef fish or CMP charter
vessel/headboat historical captain permit. Of these 32 vessels, all but
one had both a reef fish and a CMP historical captain permit; the
remaining vessel had a CMP historical captain permit only. Although the
application for a charter vessel/headboat permit collects information
on the primary method of vessel operation, the permit itself does not
identify the permitted vessel as either a charter vessel or a headboat,
and vessels may operate in both capacities. The average charter vessel
operating in the Gulf is estimated to receive approximately $86,000
(2017 dollars) in gross revenue and $25,000 in net income (gross
revenue minus variable and fixed costs) annually. The average headboat
is estimated to receive approximately $261,000 (2017 dollars) in gross
revenue and $76,000 in net income annually.
Additionally, some of the letters of eligibility sent to historical
captains in 2003, have not been redeemed by individuals but are still
valid. As of May 17, 2019, there were an estimated 65 historical
captains that could still redeem their letters of eligibility, and
thus, up to 65 additional for-hire businesses that may be affected by
this proposed rule.
The SBA has established size standards for all major industry
sectors in the U.S. including for-hire businesses (NAICS code 487210).
A business primarily involved in the for-hire fishing industry is
classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and has combined annual receipts not in excess of $7.5
million for all its affiliated operations worldwide. All of the for-
hire fishing businesses that would be directly regulated by this
proposed rule are believed to be small entities based on the SBA size
criteria. No other small entities that would be directly affected by
this proposed rule have been identified.
This proposed rule would not establish any new reporting or record-
keeping requirements. It would, however, require historical captain
permit holders to comply with the permit regulations for standard
charter vessel/headboat permits if their historical captain permits are
converted to standard permits. The applicable permit regulations state
that the standard permit must be issued to a vessel with a valid USCG
COD or state registration certificate (50 CFR 622.4(a)). For any
historical captain permit holder who elects to have their historical
captain permit replaced with a standard permit and who does not
currently own or lease a vessel, this would require either the purchase
or lease of a vessel and payment of applicable registration and
inspection fees.
This proposed rule would allow 32 historical captain permit holders
the opportunity to replace their historical captain permits with
standard permits. Because standard permits are transferrable and
salable, and historical captain permits are not, this proposed rule
would have positive economic effects in terms of increased asset value
and business succession planning. Transfer values for a single standard
permit ranged from $0.01 to $130,000 during 2007 through 2018. It is
not possible to estimate a meaningful average market value for these
permits with available data; however, it is expected that the value
would increase relative to the passenger capacity of the permit.
Additionally, once historical captain permits are replaced with
standard permits, the respective historical captains would no longer
need to be present on the vessel while the permit is in use. This would
provide greater operational flexibility and potentially increase
profits for affected small entities.
There are also some potential economic costs to small entities from
this proposed rule. Because replacement of historical captain permits
with standard permits would be optional, only those permit holders who
choose to participate in the conversion would be affected. Standard
permits must be issued to a vessel that is either owned or leased by
the permit holder. Historical captains that already own or lease a
suitable vessel would be able to attach their new standard permit to
that
[[Page 3888]]
vessel and continue operating as normal, but with the added benefits
described earlier. Some historical captains, however, may not currently
own or lease a vessel. In order to replace their existing permits with
standard permits, these historical captains would need to purchase or
lease a suitable vessel and pay all applicable inspection and
registration fees. To obtain an initial USCG COD costs $133 and an USCG
COD renewal costs $26 (46 CFR 67.550). If a USCG certificate of
inspection is required, the annual inspection fee is $300 for vessels
less than 65 feet (19.812 meters) and $600 for vessels 65 feet (19.812
meters) and greater (46 CFR 2.10-101(a)). State boat registration and
inspection fees in Gulf states are estimated to range from
approximately $10 up to $400, depending on the length of the vessel and
state of vessel registration. As a result of uncertainty about the
business strategies of historical captain permit holders, variation in
permit passenger capacities, and the wide range of vessel options, it
is not possible to estimate the cost that would be incurred by
historical captains to purchase or lease a vessel. The average purchase
price for a headboat operating in the Gulf is estimated to be $388,627
(2017 dollars); the average purchase price for a charter vessel
operating in the Gulf is estimated to be $104,248. If historical
captains intend to only sell their new standard permits, they could use
a much cheaper vessel to hold the permit prior to the sale. Estimates
of for-hire vessel lease prices are not readily available; however,
this may be a more affordable option than purchasing a vessel.
In addition to the potential cost to buy or lease a vessel, there
would be an opportunity cost for some historical captains should they
choose to replace their historical captain permits with standard
permits. This opportunity cost pertains to the potential lost earnings
that would result from no longer being able to use their historical
captain permit to operate a vessel owned or leased by another
individual or business. This opportunity cost cannot be quantified with
available data. In order to extract value from the standard permit,
historical captains would need to either sell their permit or attach it
to a vessel that they own or lease. This vessel must also be capable
and sufficient for servicing paying customers. Again, replacement of
historical captain permits is voluntary and it is expected that
historical captains would only replace their historical captain permits
with standard permits if the benefits of doing so outweigh the costs.
Finally, this proposed rule would render any remaining letters of
eligibility for historical captain permits invalid upon implementation
of these regulations. Individuals that submit outstanding letters of
eligibility prior to the implementation date of this rule would be
issued a historical captain permit, but it would remain a historical
captain permit only and would not be eligible for conversion to a
standard permit. It is assumed that historical captains who have not
yet submitted their letters of eligibility do not intend to operate a
for-hire fishing vessel with a historical captain permit and therefore
would not be affected by this proposed rule. If, for whatever reason,
there are some historical captains that were waiting to submit their
letters, it is assumed they would apply for a historical captain permit
prior to the implementation of this rule.
An item contained in this proposed rule that is not part of the
proposed framework action is the addition of the following sentence to
50 CFR[thinsp]622.371(b): ``A permit holder may also transfer the
commercial vessel permit for king mackerel to the owner of another
vessel or to a new vessel owner when he or she transfers ownership of
the permitted vessel.'' This provision was inadvertently removed in the
final rule implementing Amendment 20A to the CMP FMP (79 FR 34246, June
16, 2014). However, NMFS has continued to allow the transfer of a
commercial king mackerel permit to the owner of another vessel or to a
new vessel owner since Amendment 20A was implemented. Therefore, this
is an administrative change only and is not expected to have any direct
economic effects on any small entities. As such, this component of the
proposed rule is outside the scope of the RFA.
The information provided above supports a determination that this
proposed rule would not have a significant adverse economic impact on a
substantial number of small entities. Because this rule, if
implemented, is not expected to have a significant adverse economic
impact on any small entities, an initial regulatory flexibility
analysis is not required and none has been prepared.
Because no new reporting or record-keeping requirements are
introduced by this proposed rule, the Paperwork Reduction Act does not
apply to this proposed rule.
List of Subjects in 50 CFR Part 622
Fish, Fisheries, Gulf, Historical Captain, Permits, Transfer.
Dated: January 15, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be 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. 622.20, revise paragraph (b)(1) introductory text and add
paragraph (b)(1)(v) to read as follows:
Sec. 622.20 Permits and endorsements.
* * * * *
(b) * * *
(1) Limited access system for charter vessel/headboat permits for
Gulf reef fish. No applications for additional charter vessel/headboat
permits for Gulf reef fish will be accepted. Existing permits may be
renewed, are subject to the restrictions on transfer in paragraph
(b)(1)(i) of this section, and are subject to the renewal requirements
in paragraph (b)(1)(ii) of this section. An eligible charter vessel/
headboat permit with a historical captain endorsement may be converted
to a charter vessel/headboat permit without a historical captain
endorsement, per procedures at paragraph (b)(1)(v) of this section.
* * * * *
(v) Procedure for conversion of permit with historical captain
endorsement. A charter vessel headboat permit with a historical captain
endorsement valid or renewable on October 25, 2018, may be converted to
a charter vessel/headboat permit for Gulf reef fish without a
historical captain endorsement. A charter vessel/headboat permit with a
historical captain endorsement that is converted to a charter vessel/
headboat permit without a historical captain endorsement will retain
the same vessel permit maximum passenger capacity as the permit it
replaces. To convert an eligible charter vessel/headboat permit with a
historical captain endorsement, the permit holder must submit an permit
application to the RA by [DATE 25 MONTHS AFTER THE EFFECTIVE DATE OF
THE FINAL RULE]. If no application to convert an eligible charter
vessel/headboat permit with a historical captain endorsement is
submitted by [DATE 25 MONTHS AFTER THE EFFECTIVE DATE OF THE FINAL
RULE], the permit holder will retain a charter vessel/headboat permit
with the
[[Page 3889]]
historical captain endorsement that is subject to the restrictions
described in paragraph (b)(1)(i)(B) of this section.
* * * * *
0
3. In Sec. 622.371, revise paragraph (b) to read as follows:
Sec. 622.371 Limited access system for commercial vessel permits for
king mackerel.
* * * * *
(b) An owner of a permitted vessel may transfer the commercial
vessel permit for king mackerel issued under this limited access system
to another vessel owned by the same entity. A permit holder may also
transfer the commercial vessel permit for king mackerel to the owner of
another vessel or to a new vessel owner when he or she transfers
ownership of the permitted vessel.
* * * * *
0
4. In Sec. 622.373, revise paragraph (a) and add paragraph (f) to read
as follows:
Sec. 622.373 Limited access system for charter vessel/headboat
permits for Gulf coastal migratory pelagic fish.
(a) No applications for additional charter vessel/headboat permits
for Gulf coastal migratory pelagic fish will be accepted. Existing
permits may be renewed, are subject to the restrictions on transfer in
paragraph (b) of this section, and are subject to the renewal
requirements in paragraph (c) of this section. An eligible charter
vessel/headboat permit with a historical captain endorsement may be
converted to a charter vessel/headboat permit without a historical
captain endorsement, per procedures at paragraph (f) of this section.
* * * * *
(f) Procedure for conversion of permit with historical captain
endorsement. A charter vessel headboat permit with a historical captain
endorsement valid or renewable on October 25, 2018, may be converted to
a charter vessel/headboat permit for Gulf coastal migratory pelagic
fish without a historical captain endorsement as described in Sec.
622.373(b)(1). A charter vessel/headboat permit with a historical
captain endorsement that is converted to a charter vessel/headboat
permit without a historical captain endorsement will retain the same
vessel permit maximum passenger capacity as the permit it replaces. To
convert an eligible charter vessel/headboat permit with a historical
captain endorsement, the permit holder must submit an permit
application to the RA by [DATE 25 MONTHS AFTER THE EFFECTIVE DATE OF
THE FINAL RULE]. If no application to convert an eligible charter
vessel/headboat permit with a historical captain endorsement is
submitted by [DATE 25 MONTHS AFTER THE EFFECTIVE DATE OF THE FINAL
RULE], the permit holder will retain a charter vessel/headboat permit
with the historical captain endorsement that is subject to the
restrictions described in Sec. 622.373(b)(2).
[FR Doc. 2020-00935 Filed 1-22-20; 8:45 am]
BILLING CODE 3510-22-P