Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Proposed Rules 68119

PART 302–11—ALLOWANCES FOR 

EXPENSES INCURRED IN 

CONNECTION WITH RESIDENCE 

TRANSACTIONS

58. The authority citation for 41 CFR 

part 302–11 continues to read as 

follows:

Authority: 5 U.S.C. 5738 and 20 U.S.C. 

905(c).

59. Amend § 302–11.2 by removing 

the period at the end of paragraph (b)(2) 

and adding ‘‘; and’’ in its place, and 

adding paragraphs (c) and (d) to read as 

follows:

§ 302–11.2 Am I eligible to receive an 

allowance for expenses incurred in 

connection with my residence 

transactions?

* * * * *

(c) For this allowance to be tax 

deductible, your commute from the old 

residence to the new duty station by 

commonly traveled routes must increase 

by at least 50 miles. (See Internal 

Revenue Service Publication 521, 

Moving Expenses.) However, the head 

of your agency or designee may 

authorize an exception to the 50–mile 

threshold on a case-by-case basis when 

he/she determines that it is in the best 

interest of the Government. If such an 

exception is authorized, however, this 

allowance is not tax deductible.

(d) Any relocation must be incident to 

the transfer and not for the convenience 

of the employee.

§ 302–11.21 [Amended]

60. Amend § 302–11.21, in the second 

sentence, by removing ‘‘two years’’ and 

adding ‘‘one year’’ in its place.

61. Revise § 302–11.22 to read as 

follows:

§ 302–11.22 May the 1–year time limitation 

be extended by my agency?

Yes, your agency may extend the 1–

year limitation for up to one additional 

year for reasons beyond your control 

and acceptable to your agency.

62. Amend § 302–11.200 by revising 

the introductory paragraph to read as 

follows:

§ 302–11.200 What residence transaction 

expenses will my agency pay?

Your agency will reimburse you for 

residence transaction expenses not to 

exceed those customarily charged in the 

locality where the residence is located. 

Provided that they are customarily paid 

by the seller of a residence at the old 

official station or by the purchaser of a 

residence at the new official station, 

your agency will pay the following 

expenses:

* * * * *

PART 302–15—ALLOWANCE FOR 

PROPERTY MANAGEMENT SERVICES

63. The authority citation for 41 CFR 

part 302–15 continues to read as 

follows:

Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); 

E.O. 11609, 36 FR 13747, 3 CFR, 1971–1973 

Comp., p. 586.

64. Revise § 302–15.2 to read as 

follows:

§ 302–15.2 What are the purposes of the 

property management services allowance?

The purposes of the property 

management allowance are—

(a) To reduce overall Government 

relocation costs by using the property 

management allowance in place of the 

allowances for the sale of the 

employee’s residence; and

(b) To relieve employees transferred 

OCONUS from the costs of maintaining 

a home in the United States during their 

tour of duty.

65. Revise § 302–15.70 to read as 

follows:

§ 302–15.70 What governing policies must 

we establish for the allowance for property 

management services?

You must establish policies and 

procedures governing—

(a) When you will authorize payment 

for property management services for an 

employee who transfers in the interest 

of the Government;

(b) When it is appropriate to authorize 

this service on a reimbursable basis to 

the employee, rather than paying the 

property management company directly 

as long as any reimbursement is limited 

to the agency negotiated rate for this 

service or lower;

(c) Who will determine, for 

relocations to official duty stations in 

the United States, whether payment for 

property management services is more 

advantageous and cost effective than 

sale of an employee’s residence at 

Government expense;

(d) If and when you will allow an 

employee who was offered and accepted 

payment for property management 

services to change his/her residence at 

Government expense in accordance 

with paragraph (e) of this section; and

(e) How you will offset expenses you 

have paid for property management 

services against payable expenses for 

sale of the employee’s residence when 

an eligible employee who elected 

payment for property management 

services later changes his/her mind and 

elects instead to sell his/her residence at 

Government expense.

[FR Doc. 04–25890 Filed 11–22–04; 8:45 am]

BILLING CODE 6820–14–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 622

[Docket No. 040804227–4227–01; I.D. 

072604A]

RIN 0648–AP02

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Red 

Snapper Rebuilding Plan

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Proposed rule; request for 

comments.

SUMMARY: NMFS issues proposed 

regulations to implement Amendment 

22 to the Fishery Management Plan 

(FMP) for the Reef Fish Resources of the 

Gulf of Mexico (Amendment 22) 

prepared by the Gulf of Mexico Fishery 

Management Council (Council). These 

proposed regulations would provide the 

regulatory authority to implement a 

mandatory observer program for 

selected commercial and for-hire 

(charter vessel/headboat) vessels in the 

Gulf of Mexico reef fish fishery. The 

observer program would be an 

important component of a standardized 

methodology to collect bycatch 

information in the fishery. In addition, 

consistent with the requirements of the 

Magnuson-Stevens Act, Amendment 22 

would establish a stock rebuilding plan, 

biological reference points, and stock 

status determination criteria for red 

snapper in the Gulf of Mexico. The 

intended effect of these proposed 

regulations is to end overfishing and 

rebuild the red snapper resource.

DATES: Written comments on the 

proposed rule must be received no later 

than 5 p.m., eastern time, on January 7, 

2005.

ADDRESSES: You may submit comments 

on the proposed rule by any of the 

following methods:

• E-mail: 0648–

AP02.Proposed@noaa.gov. Include in 

the subject line the following document 

identifier: 0648–AP02.

• Federal e-Rulemaking Portal: http:/

/www.regulations.gov. Follow the 

instructions for submitting comments.

• Mail: Peter Hood, Southeast 

Regional Office, NMFS, 9721 Executive 

Center Drive N., St. Petersburg, FL 

33702.

• Fax: 727–570–5583, Attention: Phil 

Steele.

68120 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Proposed Rules 

Copies of Amendment 22, which 

includes a Regulatory Impact Review 

(RIR), Initial Regulatory Flexibility 

Analyses (IRFA), and a Final 

Supplemental Environmental Impact 

Statement may be obtained from the 

Gulf of Mexico Fishery Management 

Council, The Commons at Rivergate, 

3018 U.S. Highway 301 North, Suite 

1000, Tampa, FL 33619–2266; 

telephone: 813–228–2815; fax: 813–

225–7015; e-mail: 

gulfcouncil@gulfcouncil.org. Copies of 

Amendment 22 can also be downloaded 

from the Council’s website at 

www.gulfcouncil.org.

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this rule 

must be submitted to Robert Sadler, 

Southeast Region, NMFS, at the above 

address, and to 

DavidlRostker@omb.eop.gov, or 202–

395–7285 (fax).

FOR FURTHER INFORMATION CONTACT:

Peter Hood, telephone: 727–570–5305, 

fax: 727–570–5583, e-mail: 

peter.hood@noaa.gov.

SUPPLEMENTARY INFORMATION: The reef 

fish fishery in the exclusive economic 

zone (EEZ) of the Gulf of Mexico is 

managed under the FMP. The FMP was 

prepared by the Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622.

Background

In May 2001, the Council submitted to 

NMFS a regulatory amendment to the 

FMP, based on NMFS’s 1999 stock 

assessment, that proposed to redefine 

biological reference points and status 

determination criteria for the red 

snapper stock and proposed a plan to 

rebuild the red snapper stock to the 

stock biomass capable of producing 

maximum sustainable yield on a 

continuous basis (BMSY) by the year 

2032. The rebuilding plan proposed in 

the regulatory amendment was based on 

analyses provided by NMFS in 2000. 

Because the incidental catch of juvenile 

(age 0–age 1) red snapper in the shrimp 

trawl fishery comprises the vast 

majority of the total fishing mortality on 

red snapper, the success of the 

rebuilding plan is primarily dependent 

upon reductions in shrimp trawl 

bycatch.

According to NMFS’s stock 

assessment, the number of juvenile red 

snapper taken incidental to the shrimp 

trawl fisheries accounted for about 90 

percent of the total red snapper harvest 

prior to the implementation of a April 

14, 1998, rule (63 FR 1813) requiring the 

use of bycatch reduction devices 

(BRDs), which are estimated to have 

reduced shrimp trawl bycatch mortality 

of red snapper by 40 percent. However, 

the Council’s Reef Fish Stock 

Assessment Panel indicated even greater 

reductions would be required to rebuild 

the red snapper stock to BMSY within the 

maximum recommended 31-year time 

frame, even if the directed red snapper 

fishery were eliminated.

NMFS returned the red snapper 

regulatory amendment to the Council in 

July 2002, identifying the need to 

further explore alternative rebuilding 

plans based on realistic expectations for 

further reductions in shrimp trawl 

bycatch, and to more fully evaluate the 

impacts of these alternatives in a Draft 

Supplemental Environmental Impact 

Statement. Additionally, NMFS 

suggested the need to better address the 

bycatch provisions of the MagnusonStevens Act. Amendment 22 to the Reef 

Fish FMP was developed in response to 

NMFS’s suggestions.

Biological Reference Points and Stock 

Status Determination Criteria Proposed 

in Amendment 22

Consistent with the requirements of 

the Magnuson-Stevens Act, Amendment 

22 would establish the following 

biological reference points and stock 

status criteria for Gulf of Mexico red 

snapper: maximum sustainable yield 

(MSY); optimum yield (OY); maximum 

fishing mortality threshold (MFMT) (the 

fishing mortality rate which, if 

exceeded, would constitute overfishing); 

and minimum stock size threshold 

(MSST) (the stock size below which the 

stock would be considered overfished).

MSY for red snapper would equal the 

yield associated with fishing at FMSY

(currently estimated at 0.092); thus, 

MSY would equal 41.13 million lb 

(18.66 million kg) whole weight (wwt), 

assuming low maximum recruitment 

and an initial steepness of 0.90 for the 

stock-recruitment relationship.

Until the red snapper stock recovers 

to the target level, BMSY, the harvest for 

red snapper would be defined as 

consistent with the rebuilding strategy 

selected in Amendment 22. After 

achieving BMSY, the OY for red snapper 

would correspond to a fishing mortality 

rate (FOY) defined as FOY = 0.75*FMSY = 

0.069.

Red snapper MSST would equal (1–

M) *BMSY = 2.453 billion lb (1.112 

billion kg) wwt where BMSY = 2.726 

billion lb (1.237 billion kg) wwt and M 

(natural mortality) = 0.1.

Red snapper MFMT would be equal to 

FMSY which is currently estimated at 

0.092.

Stock Rebuilding Plan

The Magnuson-Stevens Act requires 

that rebuilding plans establish a 

schedule for rebuilding overfished 

stocks that is as short as possible, and 

not to exceed 10 years, except in cases 

where the biology of the stock, other 

environmental conditions, or 

management measures under an 

international agreement dictate 

otherwise. The National Standard 

Guidelines provide a formula for 

calculating the maximum rebuilding 

schedule in situations where it would 

take 10 years or longer to rebuild a stock 

to BMSY in the absence of fishing 

mortality. Applied to the red snapper 

stock, this formula defines the 

maximum recommended rebuilding 

schedule as 31 years (e.g., time it would 

take to rebuild the stock to BMSY in the 

absence of fishing mortality (12 years) 

plus one mean generation time (19.6 

years)). Implicit to establishing a 

rebuilding plan for a stock, overfishing 

will end sometime during the rebuilding 

period. When overfishing ends depends 

on the type of rebuilding schedule 

selected.

For Gulf of Mexico red snapper, the 

rebuilding plan would initially maintain 

total allowable catch (TAC) at 9.12 

million lb (4.14 million kg) wwt, end 

overfishing between 2009 and 2010, and 

rebuild the red snapper stock by 2032. 

The status of the stock would be 

reviewed and management measures 

would be adjusted, as necessary, based 

upon periodic stock assessments. The 

next stock assessment is scheduled for 

late 2004. Annual landings also would 

be monitored to ensure quotas are not 

exceeded.

Bycatch Reporting Methodology

The Council is required by the 

Magnuson-Stevens Act to establish a 

standardized bycatch reporting 

methodology for Federal fisheries. 

Current regulations require commercial 

and recreational for-hire participants in 

the Gulf of Mexico reef fish fishery who 

are selected by the Southeast Science 

and Research Director (SRD) to maintain 

and submit a fishing record, including 

bycatch information, on forms provided 

by the SRD.

To enhance current bycatch reporting, 

this proposed rule would provide for 

the establishment of a mandatory 

observer program for the reef fish 

fishery. NMFS would develop a 

procedure for the random selection of 

vessels for which a Federal commercial 

vessel permit or charter vessel/headboat 

Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Proposed Rules 68121

permit for Gulf of Mexico reef fish has 

been issued. Vessels selected by NMFS 

would be required to carry a NMFSapproved observer. The owner or 

operator of a vessel selected for observer 

coverage would be required to provide 

food and accommodations for the 

observer and provide the observer 

access to the vessel’s equipment, 

personnel, and physical space sufficient 

to carry out the observer’s duties. The 

costs associated with observer coverage, 

other than food and accommodations, 

would be borne by NMFS. In selecting 

vessels, NMFS would consider the 

suitability of the vessel for observer 

coverage and would ensure that the 

universe of vessels included is 

representative of all statistical sub-zones 

in the Gulf of Mexico. Vessel permits 

would not be renewed for vessels that 

fail or refuse to carry observers in 

accordance with this process. NMFS 

would initiate implementation of the 

observer program as soon as sufficient 

funding for the program is obtained.

In addition, to further improve 

bycatch reporting for the headboat 

sector of the Gulf of Mexico reef fish 

fishery, NMFS’s Marine Recreational 

Fisheries Statistical Survey (MRFSS) 

would be enhanced by including 

headboats, using the same sampling 

methodology as currently used for 

charter vessels. The existing MRFSS 

catch-and-effort program would be 

continued to collect bycatch 

information from the private 

recreational sector of the fishery.

Request for Comment

Under the Magnuson-Stevens Act, the 

Council is responsible for developing 

fishery management plans and 

amendments necessary for the 

conservation and management of 

fisheries within its area of jurisdiction. 

In formulating proposed management 

recommendations, the Council relies 

upon the expertise and informed 

judgement of its members and staff; 

development and evaluation of 

scientific information by its scientific 

and statistical committees; advice from 

its advisory panels that are comprised of 

balanced representation from user 

groups and interested constituents; and 

substantial public input resulting from 

the public’s participation at Council 

meetings, public hearings, and during 

public comment periods on 

amendments and associated rules. After 

considering all of this information and 

making any appropriate revisions, the 

Council approves the fishery 

management plan or amendment for 

submission to the Secretary of 

Commerce (Secretary) for review and 

approval, partial approval, or 

disapproval. The Secretary’s decision 

regarding approvability is based on a 

number of factors including careful 

consideration of public comments and 

consistency of the proposed action with 

national standards, other provisions of 

the Magnuson-Stevens Act, and other 

applicable law.

The national standards in the 

Magnuson-Stevens Act state the 

following:

IN GENERAL.–Any fishery management 

plan prepared, and any regulation 

promulgated to implement any such plan, 

pursuant to this title shall be consistent with 

the following national standards for fishery 

conservation and management:

1. Conservation and management measures 

shall prevent overfishing while achieving, on 

a continuing basis, the optimum yield from 

each fishery for the United States fishing 

industry.

2. Conservation and management measures 

shall be based upon the best scientific 

information available.

3. To the extent practicable, an individual 

stock of fish shall be managed as a unit 

throughout its range, and interrelated stocks 

of fish shall be managed as a unit or in close 

coordination.

4. Conservation and management measures 

shall not discriminate between residents of 

different States. If it becomes necessary to 

allocate or assign fishing privileges among 

various United States fishermen, such 

allocation shall be (A) fair and equitable to 

all such fishermen; (B) reasonably calculated 

to promote conservation; and (C) carried out 

in such manner that no particular individual, 

corporation, or other entity acquires an 

excessive share of such privileges.

5. Conservation and management measures 

shall, where practicable, consider efficiency 

in the utilization of fishery resources; except 

that no such measure shall have economic 

allocation as its sole purpose.

6. Conservation and management measures 

shall take into account and allow for 

variations among, and contingencies in, 

fisheries, fishery resources, and catches.

7. Conservation and management measures 

shall, where practicable, minimize costs and 

avoid unnecessary duplication.

8. Conservation and management measures 

shall, consistent with the conservation 

requirements of this Act (including the 

prevention of overfishing and rebuilding of 

overfished stocks), take into account the 

importance of fishery resources to fishing 

communities in order to (A) provide for the 

sustained participation of such communities, 

and (B) to the extent practicable, minimize 

adverse economic impacts on such 

communities.

9. Conservation and management measures 

shall, to the extent practicable, (A) minimize 

bycatch and (B) to the extent bycatch cannot 

be avoided, minimize the mortality of such 

bycatch.

10. Conservation and management 

measures shall, to the extent practicable, 

promote the safety of human life at sea.

NMFS is requesting comments on 

whether this proposed rule meets the 

national standards.

Classification

At this time, NMFS has not 

determined that Amendment 22, which 

this proposed rule would implement, is 

consistent with the national standards 

of the Magnuson-Stevens Act and other 

applicable laws. In making that 

determination, NMFS will take into 

account the data, views, and comments 

received during the comment period on 

Amendment 22 (August 3, 2004, 69 FR 

46518) and the comment period on this 

proposed rule.

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866.

An IRFA has been prepared, as 

required by section 603 of the 

Regulatory Flexibility Act. The IRFA 

describes the economic impact this 

proposed rule, if adopted, would have 

on small entities. A copy of the full 

analysis is available from the Council 

office (see ADDRESSES). A summary of 

the analysis follows.

The Magnuson-Stevens Act provides 

the statutory basis for the proposed rule. 

Consistent with the requirements of the 

Magnuson-Stevens Act, the proposed 

rule would establish biological reference 

points and stock status criteria for red 

snapper, establish a rebuilding plan for 

the overfished red snapper stock, 

develop an observer program for the reef 

fish fishery with implementation being 

contingent on sufficient funding, and 

enhance the MRFSS through the 

inclusion of headboats in that survey.

The objectives of the proposed rule 

are to bring management of the red 

snapper fishery into compliance with 

requirements of the Magnuson-Stevens 

Act, to address the overfished and 

overfishing conditions of the red 

snapper stock, and to establish a 

standardized methodology to collect 

bycatch information in the fishery.

The proposed rule would impact both 

the commercial and recreational 

participants in the Gulf reef fish fishery. 

At present, both the commercial and forhire reef fish vessel permits are under a 

moratorium, and no new permits will be 

issued during the moratorium. There are 

1,158 vessels with active commercial 

reef fish permits. Of these commercial 

permitees, 131 entities hold Class 1 

licenses that allow a vessel trip limit of 

up to 2,000 lb (907 kg) of red snapper, 

and approximately 357 entities hold 

Class 2 licenses that allow a trip limit 

of up to 200 lb (91 kg) of red snapper. 

There are 1,515 for-hire vessels with 

permits for both reef fish and coastal 

migratory pelagics. Also, there are 431 

dealers who purchase reef fish from 

various vessels in the Gulf of Mexico. 

The proposed rule is expected to affect 

68122 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Proposed Rules 

all these reef fish commercial and forhire vessels and dealers.

According to a survey of commercial 

fishing vessels in the Gulf, average gross 

receipts ranged from $24,095 for lowvolume vertical line vessels to $116,989 

for high-volume longline vessels. Also, 

according to a survey of reef fish 

processors in the Southeast, 

employment by reef fish processors 

totaled 700 individuals, both part- and 

full-time. Given this number and the 

likelihood that fish dealers are generally 

of smaller size than processors, 

employment by any of the affected 

dealers is very likely to be less than 100 

individuals. Furthermore, according to 

two surveys of for-hire vessels in the 

Gulf, average gross receipts for 

charterboats range from $58,000 in the 

eastern Gulf of Mexico to $81,000 in the 

western Gulf while gross receipts for 

headboats range from $281,000 in the 

eastern Gulf to $550,000 in the western 

Gulf. A fishing business is considered a 

small entity if it is independently 

owned and operated and is not 

dominant in its field of operation, and 

if it has annual receipts not in excess of 

$3.5 million in the case of commercial 

harvesting entities or $6.0 million in the 

case of for-hire entities, or if it has fewer 

than 500 employees in the case of fish 

processors, or fewer than 100 employees 

in the case of fish dealers. Given these 

data on earnings and employment, all of 

the business entities affected by the 

proposed rule are determined to be 

small business entities.

Specification of sustainable fishing 

parameters has no economic impacts on 

small entities because it does not alter 

the current harvest or use of component 

stocks. The specification merely 

establishes benchmarks for fishery and 

resource evaluation from which future 

management actions would be based. As 

benchmarks, these parameters do not 

limit how, when, where, or with what 

frequency participants in the fishery 

engage the resource. For rebuilding the 

red snapper stock, a TAC of 9.12 million 

lb (4.14 million kg) is selected, and 

because this is the same as the current 

TAC, this measure has no impacts on 

small entities. The preferred alternative 

for bycatch reporting is an observer 

program for the commercial and for-hire 

reef fish fishery. An observer program 

would be new to the Gulf of Mexico reef 

fish fishery and is expected to 

potentially affect all commercial and 

for-hire vessels, although each year only 

a sample of these vessels would be 

selected to carry observers. An observer 

program can lessen the reporting burden 

for bycatch to the extent that this task 

would be carried out by a trained 

observer. Assuming the observer 

program covers 8 percent of commercial 

vessel trips, 1 percent of charterboat 

trips, and 4 percent of headboat trips, 

total costs would be about $5.92 million 

annually, including the total costs for all 

observers’ food and accommodations, 

which are estimated to range between 

$98,640 and $123,300 annually. Owners 

of vessels selected for observer coverage 

would be responsible only for the cost 

associated with providing food and 

accommodations for the observer. 

NMFS would cover the cost of 

providing the observer. Because there is 

no expected reduction in harvests, and 

the bycatch reporting through an 

observer program would be imposed 

only on vessels, dealers are not expected 

to be adversely affected by the proposed 

rule.

There are four basic alternatives 

considered for the rebuilding plan; two 

are constant catch strategies and two are 

constant fishing mortality rate (F) 

strategies. The no action alternative is 

not considered a viable alternative, 

because a rebuilding plan has to be 

instituted for the overfished red snapper 

stock. Under the constant catch 

strategies, the preferred alternative 

would hold TAC constant at 9.12 

million lb (4.14 million kg), while the 

other alternative would keep TAC 

constant at 6.0 million lb (2.7 million 

kg). For the constant F strategies, one 

alternative would hold the TAC at 9.12 

million lb (4.14 million kg) for a period 

of years and gradually increase it over 

time, while the other would hold the 

TAC constant at 6.0 million lb (2.7 

million kg) for a period of years and 

increase it over time. In essence, the 

other significant alternative to the 

preferred TAC of 9.12 million lb (4.14 

million kg) is a TAC of 6.0 million lb 

(2.7 million kg). Over the first 5 years, 

this lower TAC would reduce 

commercial vessel profits by $3.92 

million and for-hire vessel profits by 

$18.35 million. The profit reduction for 

dealers cannot be estimated. Thus, the 

preferred alternative would enable the 

achievement of the goal to rebuild the 

stock and at the same time would 

minimize the impacts on small entities.

Six alternatives are considered for 

reporting bycatch in the commercial and 

for-hire reef fish fishery. Alternative 1 is 

the no action alternative. Alternative 2 

requires all permitted reef fish vessels in 

the Gulf of Mexico to participate in an 

electronic logbook program that 

includes bycatch reporting. Alternative 

3 is similar to Alternative 2, but the 

electronic logbook program would be 

administered only to a randomly 

selected sample of reef fish permitted 

vessels. Alternative 4 would establish 

an observer program for randomly 

selected reef fish permitted vessels. 

Alternative 5 would expand the current 

bycatch reporting program for 

commercial reef fish and mackerel 

permitted vessels to cover 100 percent 

of such vessels and all federally 

permitted for-hire vessels. Alternative 6 

would enhance the MRFSS to include 

the headboat sector using the same 

sampling methodology as for charter 

vessels.

Among the alternatives, Alternative 1 

(no action) is the least costly as it 

involves no additional burden on the 

fishermen and the Federal government 

other than what is currently being 

incurred in generating bycatch 

information. The cost of Alternative 2 

would range from $0.87 million to $2.9 

million, with burden time ranging from 

3,764 to 4,053 hours for commercial 

vessels and from $1.16 million to $3.88 

million, with burden time of 89,240 

hours for for-hire vessels. The cost of 

Alternative 3 is proportional to that of 

Alternative 2 based on sample size. 

Alternative 4 is estimated to cost $5.92 

million per year. Alternative 5 would 

affect 926 additional commercial 

vessels, with burden time ranging from 

3,009 to 3,241 hours, and 1,552 for-hire 

vessels, with burden time of about 

89,240 hours. Alternative 6 would 

mainly affect headboat vessels. Using 

the same sampling technique as for 

charter vessels, approximately 85 

headboats would be sampled per wave 

(two-month period).

The monetary outlay of a bycatch 

reporting requirement may be shared by 

the industry and government, or borne 

solely by either entity. If the cost were 

borne solely by the industry, an 

observer program would have the largest 

negative impacts on small entities. An 

observer program paid for by the 

government would also be expected to 

cost fishery participants less than the 

logbook alternatives, even if an 

electronic logbook program were 

selected and the logbook paid for by the 

government. The reason for this is that 

a logbook program, electronic or 

otherwise, entails additional reporting 

and record-keeping activities that would 

still have to be incurred by the fishery 

participants. Such activities are less 

likely to increase under an observer 

program since most would be conducted 

by the observer. Under the proposed 

observer program, an owner of a vessel 

selected for observer coverage would be 

responsible only for the cost associated 

with providing food and 

accommodations for the observer. 

NMFS would cover the cost of 

providing the observer.

Notwithstanding any other provision 

of law, no person is required to respond 

Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Proposed Rules 68123

to, and no person shall be subject to a 

penalty for failure to comply with, a 

collection of information subject to the 

requirements of the Paperwork 

Reduction Act (PRA) unless that 

collection of information displays a 

currently valid OMB control number.

This rule contains a collection-ofinformation requirement subject to 

review and approval by OMB to the 

PRA. This requirement has been 

submitted to OMB for approval. This 

requirement involves notification 

requirements for the purpose of 

accommodating observer coverage. 

Public reporting burden for this 

collection of information is estimated to 

average 5 minutes per response, 

including time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information.

NMFS seeks comments regarding: 

Whether this proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information has practical utility; the 

accuracy of the burden estimates; ways 

to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information, 

including through the use of automated 

collection techniques or other forms of 

information technology. Send comments 

on these or any other aspects of the 

collection of information to NMFS and 

OMB (see ADDRESSES).

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands.

Dated: November 16, 2004. 

Rebecca Lent,

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, AND SOUTH 

ATLANTIC

1. The authority citation for part 622 

continues to read as follows:

Authority: 16 U.S.C. 1801 et seq.

2. In § 622.4, the second sentence of 

paragraph (h)(1) introductory text and 

the first sentence of paragraph (h)(1)(ii) 

are revised to read as follows:

§ 622.4 Permits and fees.

* * * * *

(h) * * *

(1) * * * In the interim years, renewal 

is automatic (without application) for a 

vessel owner or a dealer who has met 

the specific requirements for the 

requested permit, license, or 

endorsement; who has complied with 

all reporting and data collection 

requirements, including observer 

requirements, under the MagnusonStevens Act; and who is not subject to 

a sanction or denial under paragraph (j) 

of this section. * * *

* * * * *

(ii) * * * If the RA’s notification 

indicates that the owner’s or dealer’s 

permit, license, or endorsement is 

ineligible for automatic renewal, the 

notification will specify the reasons 

and, if applicable, will provide an 

opportunity for correction of any 

deficiencies. * * *

* * * * *

3. In § 622.8, paragraph (a)(3) is added 

and paragraphs (c)(4) and (c)(5) are 

revised to read as follows:

§ 622.8 At-sea observer coverage.

(a) * * *

(3) Gulf reef fish. A vessel for which 

a Federal commercial vessel permit for 

Gulf reef fish or a charter vessel/

headboat permit for Gulf reef fish has 

been issued must carry a NMFSapproved observer, if the vessel’s trip is 

selected by the SRD for observer 

coverage. Vessel permit renewal is 

contingent upon compliance with this 

paragraph (a)(3).

* * * * *

(c) * * *

(4) Allow the observer free and 

unobstructed access to the vessel’s 

bridge, working decks, holding bins, 

weight scales, holds, and any other 

space used to hold, process, weigh, or 

store fish.

(5) Allow the observer to inspect and 

copy the vessel’s log, communications 

logs, and any records associated with 

the catch and distribution of fish for that 

trip.

[FR Doc. 04–25961 Filed 11–22–04; 8:45 am]

BILLING CODE 3510–22–S