[Federal Register Volume 69, Number 225 (Tuesday, November 23, 2004)]
[Proposed Rules]
[Pages 68119-68123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25961]


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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.

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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:
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#241412101c09657414160a74564b544b574140644a4b45450a434b52"><span class="__cf_email__" data-cfemail="08383e3c30254958383a26587a6778677b6d6c4866676969266f677e">[email protected]</span></a>. Include in the 
subject line the following document identifier: 0648-AP02.
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail: Peter Hood, Southeast Regional Office, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702.
    <bullet> Fax: 727-570-5583, Attention: Phil Steele.

[[Page 68120]]

    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: 
<a href="/cdn-cgi/l/email-protection#cbacbea7ada8a4bea5a8a2a78bacbea7ada8a4bea5a8a2a7e5a4b9ac"><span class="__cf_email__" data-cfemail="b8dfcdd4dedbd7cdd6dbd1d4f8dfcdd4dedbd7cdd6dbd1d496d7cadf">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#95d1f4e3fcf1cac7fae6e1fef0e7d5faf8f7bbf0fae5bbf2fae3"><span class="__cf_email__" data-cfemail="e7a386918e83b8b58894938c8295a7888a85c9828897c9808891">[email protected]</span></a>, or 202-395-7285 
(fax).

FOR FURTHER INFORMATION CONTACT: Peter Hood, telephone: 727-570-5305, 
fax: 727-570-5583, e-mail: <a href="/cdn-cgi/l/email-protection#bacadfcedfc894d2d5d5defad4d5dbdb94ddd5cc"><span class="__cf_email__" data-cfemail="84f4e1f0e1f6aaecebebe0c4eaebe5e5aae3ebf2">[email protected]</span></a>.

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 (B<INF>MSY</INF>) 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 B<INF>MSY</INF> 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 Magnuson-Stevens 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 F<INF>MSY</INF> (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, 
B<INF>MSY</INF>, the harvest for red snapper would be defined as 
consistent with the rebuilding strategy selected in Amendment 22. After 
achieving B<INF>MSY</INF>, the OY for red snapper would correspond to a 
fishing mortality rate (F<INF>OY</INF>) defined as F<INF>OY</INF> = 
0.75*F<INF>MSY</INF> = 0.069.
    Red snapper MSST would equal (1-M) *B<INF>MSY</INF> = 2.453 billion 
lb (1.112 billion kg) wwt where B<INF>MSY</INF> = 2.726 billion lb 
(1.237 billion kg) wwt and M (natural mortality) = 0.1.
    Red snapper MFMT would be equal to F<INF>MSY</INF> 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 B<INF>MSY</INF> 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 B<INF>MSY</INF> 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

[[Page 68121]]

permit for Gulf of Mexico reef fish has been issued. Vessels selected 
by NMFS would be required to carry a NMFS-approved 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 for-hire 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

[[Page 68122]]

all these reef fish commercial and for-hire vessels and dealers.
    According to a survey of commercial fishing vessels in the Gulf, 
average gross receipts ranged from $24,095 for low-volume 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

[[Page 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-of-information 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 Sec.  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:


Sec.  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 Magnuson-Stevens 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 Sec.  622.8, paragraph (a)(3) is added and paragraphs (c)(4) 
and (c)(5) are revised to read as follows:


Sec.  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 NMFS-approved 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


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