[Federal Register Volume 85, Number 77 (Tuesday, April 21, 2020)]
[Rules and Regulations]
[Pages 22043-22045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07762]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200408-0106]
RIN 0648-BI12


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Historical Captain Permits Conversions

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement management measures as 
described in an abbreviated framework action to the Fishery Management 
Plans (FMPs) for the Reef Fish Resources of the Gulf of Mexico (Reef 
Fish FMP) and Coastal Migratory Pelagic Resources of the Gulf of Mexico 
and Atlantic Region (CMP FMP). This final rule enables eligible permit 
holders to replace historical captain endorsements in the reef fish and 
CMP fisheries in the Gulf of Mexico (Gulf) with standard Federal 
charter vessel/headboat permits to reduce the regulatory and economic 
burden on historical captains. In addition, NMFS is correcting an 
inadvertent error in the final rule for Amendment 20A to the CMP FMP 
regarding commercial king mackerel permit requirements.

DATES: This final rule is effective on May 21, 2020.

ADDRESSES: Electronic copies of the abbreviated framework document that 
contains an environmental assessment and a Regulatory Flexibility Act 
(RFA) analysis 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.

FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: NMFS and the Gulf of Mexico Fishery 
Management Council (Gulf Council) manage reef fish in Gulf Federal 
waters under the Reef Fish FMP. The CMP fishery in Gulf and Atlantic 
Federal waters 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

[[Page 22044]]

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.).
    On January 23, 2020, NMFS published a proposed rule in the Federal 
Register for the abbreviated framework action and requested public 
comment (85 FR 3885, January 23, 2020). The proposed rule and the 
abbreviated framework action outline the rationale for the action 
contained in this final rule. A summary of the management measure 
described in the abbreviated framework action and implemented by this 
final rule is provided below.

Management Measure Contained in This Final Rule

    This final rule enables a permit holder with an eligible historical 
captain endorsement to convert that endorsement to a standard Federal 
Gulf reef fish or Gulf CMP charter vessel/headboat permit, as 
applicable, and extends the same rights and responsibilities of these 
standard for-hire permits to eligible individuals who choose to convert 
their historical captain permits to standard permits. An eligible 
historical captain endorsement, referred to hereafter as a historical 
captain permit, is one that was valid, non-expired, or renewable as of 
October 25, 2018, the qualifying date determined by the Gulf Council.
    If an individual who held an eligible historical captain permit 
wishes to retain a historical captain permit, the individual can renew 
the permit as done in previous years. This will 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 Region 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 must submit a permit application to 
NMFS 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 will 
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 Permits Office staff will verify that the 
vessel for which the new for-hire permit will 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 will be attached is to be leased, 
a fully executed lease agreement of at least 7 months, between the 
vessel owner and permit holder, will 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 Permits Office 
staff will then verify the vessel does not have any other Federal 
permit(s) associated with it in another permit holder's name.
    Once NMFS verifies that the information provided with the 
application allows for the conversion, the historical captain permit 
will then be converted to a standard reef fish or CMP charter vessel/
headboat permit. Historical captain permit numbers are unique, and the 
new permit will keep the existing permit number (e.g., HRCG-9999 will 
convert to RCG-9999). A standard for-hire permit issued as a result of 
this final rule will have the same passenger capacity limitation as the 
historical captain permit that it will replace.
    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 this final rule. Any application submitted more than 
2 years after the effective date of this final rule will not be 
accepted by NMFS, and the individual will instead retain their 
historical captain permit. In addition, if an individual redeems an 
outstanding letter of eligibility for a historical captain permit 
before the effective date of this final rule, they will receive a 
historical captain permit, but they will not be eligible to convert 
that historical captain permit into a standard for-hire permit. Any 
letters of eligibility not redeemed will no longer be valid as of the 
effective date of this final rule.

Comments and Responses

    NMFS received seven comments on the proposed rule for the 
abbreviated framework action. All of the comments that addressed the 
actions considered by the Gulf Council and included in the proposed 
rule were supportive of having the conversion. However, one comment 
disagreed with some aspects of the proposal. This comment is summarized 
below, followed by NMFS' response. NMFS made no changes to the final 
rule resulting from public comments.
    Comment 1: All historical captain permits that are active as of the 
effective date of this final rule should be converted to standard 
permits, including those permits obtained after the October 2018 Gulf 
Council meeting.
    Response: NMFS disagrees. Some individuals expressed an interest in 
maintaining the historical captain permit. Therefore, the Gulf Council 
decided to allow individuals to choose whether to convert their 
historical captain permit to a standard for-hire permit or retain their 
historical captain permit.
    The Council also determined that it was appropriate to limit this 
choice to individuals who have relied on the historical captain's 
permit for their livelihood and may be negatively impacted by the 
permit's restrictions. Therefore, the Council decided that only the 32 
CMP historical captain permits and 31 Gulf reef fish historical captain 
permits that were valid (non-expired) or renewable when the Council 
considered this action in October 2018 are eligible for replacement 
with corresponding standard charter vessel/headboat permits. NMFS 
agrees that this appropriate because those individuals have shown 
reliance on, and an interest in remaining in, the fishery by obtaining 
and renewing their permits.

Changes to Codified Text Not in the Abbreviated 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, in the 
final rule for Amendment 20A, 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.

Changes From the Proposed Rule

    In the proposed rule, the regulatory text in paragraphs 
622.20(b)(1)(v) and 622.373(f) stated that the deadline for the permit 
holder to submit a permit application to the NMFS Regional 
Administrator (RA) to convert an

[[Page 22045]]

eligible charter vessel/headboat permit with a historical captain 
endorsement would be ``25 months after the effective date'' of the 
final rule (85 FR 3885, January 23, 2020). That text should have stated 
that the deadline is ``25 months after the date of publication'' of the 
final rule, which is 2 years (24 months) after the effective date. This 
was correctly stated in the preamble to the proposed rule and is 
consistent with the Gulf Council's intent.

Classification

    The RA for the NMFS Southeast Region determined that this final 
rule is consistent with the abbreviated framework action, the FMPs, the 
Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866. This final rule is considered an 
Executive Order 13771 deregulatory action.
    The Magnuson-Stevens Act provides the statutory basis for this 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. A description of this final rule, why it is being 
implemented, and the purpose of this final rule are contained in the 
SUMMARY and SUPPLEMENTARY INFORMATION sections of this final rule.
    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.

List of Subjects in 50 CFR Part 622

    Fish, Fisheries, Gulf of Mexico, Historical captain, Permits, 
Transfer.

    Dated: April 8, 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 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 the procedure in 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 that was 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 a permit application to the RA by May 23, 2022. If no 
application to convert an eligible charter vessel/headboat permit with 
a historical captain endorsement is submitted by May 23, 2022, the 
permit holder will retain a charter vessel/headboat permit with the 
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) General. 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 that was 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 paragraph (b)(1) of this section. 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 a permit application to the RA by May 23, 
2022. If no application to convert an eligible charter vessel/headboat 
permit with a historical captain endorsement is submitted by May 23, 
2022, the permit holder will retain a charter vessel/headboat permit 
with the historical captain endorsement that is subject to the 
restrictions described in paragraph(b)(2) of this section.

[FR Doc. 2020-07762 Filed 4-20-20; 8:45 am]
 BILLING CODE 3510-22-P