[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42271-42272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13925]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230626-0155]
RIN 0648-BL58


Reef Fish Resources of the Gulf of Mexico and Coastal Migratory 
Pelagic Resources of the Gulf of Mexico and Atlantic Region; Conversion 
of Historical Captain Permits

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

ACTION: Final rule.

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SUMMARY: NMFS implements management measures as described in an 
abbreviated framework action under the Fishery Management Plans (FMPs) 
for the 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). This final rule will enable a permit holder 
to replace a historical captain endorsement in the reef fish and CMP 
fisheries in the Gulf of Mexico (Gulf) with a standard Federal charter 
vessel/headboat permit in the same Gulf fisheries. NMFS expects that 
this final rule will reduce the potential regulatory and economic 
burden on historical captain permit holders.

DATES: This final rule is effective on July 31, 2023.

ADDRESSES: An electronic copy 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-historical-captain-permits-conversion-standard-federal-charter-headboat. The proposed rule for this action can be downloaded from the 
same NMFS website or from www.regulations.gov by searching ``NOAA-NMFS-
2022-0121.''

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

SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management 
Council (Gulf Council) manages reef fish in Gulf Federal waters under 
the Reef Fish FMP. In Gulf and Atlantic Federal waters, the Gulf 
Council and South Atlantic Fishery Management Council (Councils) 
jointly manage CMP species under the CMP FMP. 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.).
    On January 27, 2023, NMFS published a proposed rule in the Federal 
Register for the abbreviated framework action and requested public 
comment (88 FR 5295). 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 in the Gulf reef fish or Gulf CMP fishery to 
convert that endorsement to a standard Federal charter vessel/headboat 
permit (for-hire permit) in the same Gulf fishery, as applicable. This 
rule also extends the same rights and responsibilities of these 
standard for-hire permits to eligible individuals who choose to convert 
a historical captain endorsement to a standard for-hire permit. An 
eligible historical captain endorsement is hereafter referenced in this 
preamble as a historical captain permit. There are currently four 
historical captain permits, two for Gulf reef fish and two for Gulf CMP 
species, and are held by two individuals. Historical captain permits 
cannot be transferred to another person and no additional historical 
captain permits can be issued (50 CFR 622.20(b)(1)(i)(B); 85 FR 22043, 
April 21, 2020).
    If an individual with an eligible historical captain permit wants 
to convert the permit to a standard for-hire permit, the individual 
must submit an application for a standard for-hire permit to NMFS along 
with their current, original historical captain permit (not a copy), 
and all supporting documents and fees, including documentation for the 
vessel to which NMFS will issue or associate with the standard for-hire 
permit. Unlike a historical captain permit, which is issued to an 
individual, a standard for-hire permit must be issued to a vessel with 
a valid U.S. Coast Guard certificate of documentation or state 
registration certificate (50 CFR 622.4(a)). If the permit applicant is 
the owner of the vessel, NMFS' Permits Office staff will

[[Page 42272]]

verify that the vessel for which the new standard 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 associated with 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 hold permits 
issued to the same vessel at the same time. NMFS' Permits Office staff 
will then verify the vessel does not have any other Federal permit 
associated with it in another permit holder's name.
    After NMFS verifies that the information provided with the 
application allows for the conversion, the historical captain permit 
will then be converted to a standard for-hire permit for Gulf reef fish 
or Gulf CMP species, as applicable. Historical captain permit numbers 
are unique, and the new standard for-hire 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.

Comments and Responses

    NMFS received two public comments supporting the proposed rule for 
the abbreviated framework action. NMFS acknowledges the comments in 
favor of the action in the proposed rule. One commenter also suggested 
that NMFS reduce or waive the fee to convert a historical captain 
permit to a standard for-hire permit. However, this suggestion is 
beyond the scope of the action considered in the proposed rule, and we 
do not address it further in this final rule. NMFS made no changes to 
the final rule resulting from public comments.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has 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.
    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 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 and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

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

    Dated: June 26, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
622 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)(v) to read as follows:


Sec.  622.20  Permits and endorsements.

* * * * *
    (b) * * *
    (1) * * *
    (v) Procedure for conversion of permit with historical captain 
endorsement. A charter vessel/headboat permit with a historical captain 
endorsement 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 July 
30, 2025. If no application to convert an eligible charter vessel/
headboat permit with a historical captain endorsement is submitted by 
July 30, 2025, 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.  622.373, revise paragraph (f) to read as follows:


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

* * * * *
    (f) Procedure for conversion of permit with historical captain 
endorsement. A charter vessel headboat permit with a historical captain 
endorsement 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 July 
30, 2025. If no application to convert an eligible charter vessel/
headboat permit with a historical captain endorsement is submitted by 
July 30, 2025, 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. 2023-13925 Filed 6-29-23; 8:45 am]
BILLING CODE 3510-22-P