[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]


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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.

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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