35040 Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Proposed Rules

and Wildlife Office (see ADDRESSES

section).

Author

The primary author of this proposed

rule is Dwight Harvey, U.S. Fish and

Wildlife Service, Sacramento Fish and

Wildlife Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements,

Transportation.

Proposed Regulations Promulgation

Accordingly, we propose to amend

part 17, subchapter B of chapter I, title

50 of the Code of Federal Regulations,

as set forth below:

PART 17—[AMENDED]

1. The authority citation for part 17

continues to read as follows:

Authority: 6 U.S.C. 1361–1407; 16 U.S.C.

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500, unless otherwise noted.

2. Section 17.11(h) is amended by

adding the following, in alphabetical

order under ‘‘MAMMALS,’’ to the List

of Endangered and Threatened Wildlife:

§ 17.11 Endangered and threatened

wildlife.

* * * * *

(h) * * *

Species

Historic range

Vertebrate population where endangered or threatened

Status When listed Critical

habitat

Special

rules Common name Scientific name

MAMMALS

*******

Shrew, Buena Vista

Lake.

Sorex ornatus

relictus.

U.S.A. (CA) ............. Entire ...................... E 699 NA NA

*******

Dated: May 16, 2000.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 00–13706 Filed 5–31–00; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 000511131–0131–01; I.D.

021500A]

RIN 0648–AM75

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Coastal

Migratory Pelagic Resources of the

Gulf of Mexico and South Atlantic;

Amendment 12

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes to implement

Amendment 12 to the Fishery

Management Plan for the Coastal

Migratory Pelagic Resources of the Gulf

of Mexico and South Atlantic

(Amendment 12). This rule would

extend the current moratorium on the

issuance of commercial vessel permits

for king mackerel through October 15,

2005. The intended effects of this

proposed rule are to prevent speculative

entry into the fishery and provide

stability in the fishery.

DATES: Comments must be received no

later than 5 p.m., eastern standard time,

on July 3, 2000.

ADDRESSES: Written comments on the

proposed rule must be sent to Dr. Steve

Branstetter, Southeast Regional Office,

NMFS, 9721 Executive Center Drive N.,

St. Petersburg, FL 33702. Comments

also may be sent via fax to 727–570–

5583. Comments will not be accepted if

submitted via e-mail or Internet.

Comments regarding the collection-ofinformation requirements contained in

this rule should be sent to Edward E.

Burgess, Southeast Regional Office,

NMFS, 9721 Executive Center Drive N.,

St. Petersburg, FL 33702, and to the

Office of Information and Regulatory

Affairs, Office of Management and

Budget (OMB), Washington, DC 20503

(Attention: NOAA Desk Officer).

Copies of Amendment 12, which

includes an environmental assessment

and a regulatory impact review (RIR),

may be obtained from the Gulf of

Mexico Fishery Management Council,

Suite 1000, 3018 U.S. Highway 301

North, Tampa, FL 33619; telephone:

813–228–2815; fax: 813–225–7015; email: Gulf.Council@noaa.gov; or from

the South Atlantic Fishery Management

Council, Southpark Building, One

Southpark Circle, Suite 306, Charleston,

SC 29407–4699; telephone: 843–571–

4366; fax: 843–769–4520; e-mail:

Safmc@noaa.gov.

FOR FURTHER INFORMATION CONTACT: Dr.

Steve Branstetter; telephone: 727–570–

5305; fax: 727–570–5583; e-mail:

Steve.Branstetter@noaa.gov.

SUPPLEMENTARY INFORMATION: The

fisheries for coastal migratory pelagic

resources are managed under the

Fishery Management Plan for the

Coastal Migratory Pelagic Resources of

the Gulf of Mexico and South Atlantic

(FMP). The FMP was prepared jointly

by the Gulf of Mexico Fishery

Management Council and the South

Atlantic Fishery Management Council

(Councils), approved by NMFS, and

implemented under the authority of the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) by regulations

at 50 CFR part 622.

Background

Amendment 8 to the FMP,

implemented in March 1998 (63 FR

10561, March 4, 1998), established a

moratorium on commercial king

mackerel permits through October 15,

2000. To obtain a king mackerel permit

under the moratorium, a vessel owner

must have owned a vessel with a

commercial vessel permit for king

mackerel on or before October 16, 1995,

the control date for the king mackerel

fishery (60 FR 53576, October 16, 1995).

The intent of the moratorium is to

prevent further increases in effort, to

stabilize the economic performance of

current participants, and possibly to

reduce the number of permittees in the

king mackerel fishery. The Councils

noted that the number of commercial

vessel permits for mackerel had

increased from 1,280 to 2,754 between

the 1987–88 and 1997–98 fishing years.

As of March 25, 1999, the number of

king and Spanish mackerel permits has

declined to 2,109.

Under section 303(d)(1)(A) of the

Magnuson-Stevens Act, the Councils are

Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Proposed Rules 35041

precluded from submitting to NMFS,

prior to October 1, 2000, an individual

fishing quota (IFQ) program or an

individual transferable quota (ITQ)

program for agency review, approval,

and implementation. The Gulf Council’s

development of Amendment 8 to the

Fishery Management Plan for the Reef

Fish Resources of the Gulf of Mexico,

which was to establish a limited entry

program for the commercial red snapper

fishery in the Gulf (i.e., an ITQ system),

required more than one year to

complete. Based on this experience, the

Councils have concluded that there

would be insufficient time to develop a

limited access program for the

commercial king mackerel fishery prior

to the expiration of the current

moratorium.

Currently, the commercial king

mackerel fisheries of both the South

Atlantic and Gulf of Mexico are valued

at approximately $7 million annually

and are subject to closures when the

quotas are filled. For the western Gulf

zone, the fishery is open for

approximately 6 weeks, beginning on

July 1 of each year. For the eastern Gulf

zone, the Florida west coast gillnet

fishery closes in a matter of days after

the fishery begins in January; the

Florida west coast hook-and-line fishery

for Gulf group king mackerel has

usually closed in February or March,

after a July 1 opening. The Florida east

coast fishery for Gulf group king

mackerel has usually closed in March

after a November 1 opening; and the

commercial hook-and-line fishery for

Atlantic group king mackerel has

reached its quota in two of the last 3

years. These annual closures indicate

that fleet size and fishery effort are still

excessive to harvest the allowable

quotas.

The Atlantic stocks of king mackerel

have rebounded from an overfished

status and are no longer considered

overfished and overfishing is not

occurring. This upturn in status is the

result of recent restrictions on fishing

effort (i.e., adjustment of size, bag, and

trip limits; the prohibition of net gear in

Florida state waters; and the imposition

of a moratorium on the number of

permits issued in the fishery.) In

response to the current status of the

Atlantic king mackerel stock the South

Atlantic Council has recommended a

modest quota increase for this group,

giving fishers the opportunity to harvest

more fish and realize an increased

economic benefit. This increase in quota

is within the range recommended by the

Mackerel Stock Assessment Panel and

the Scientific and Statistical Committee.

Such a relaxation of restrictions on the

harvest, and thus the insurance of the

increased availability of long term

benefits for users, can be achieved by

maintaining other measures currently in

place.

Both the Gulf and South Atlantic

Councils agree that allowing the

moratorium to expire would result in an

increased number of participants in

these mackerel fisheries, most likely

negating any reductions in effort that

have been achieved as a result of the

current moratorium. Any increase in

participants would: Exacerbate the

current derby fisheries that occur in the

western Gulf zone and in the Florida

west coast gillnet fishery, lead to even

earlier closures, probably result in

closures of the Atlantic group king

mackerel fishery, and have an impact on

the economic performance of the

current participants. Increased

participation would also compound the

complexity of the Council’s future

actions to develop a controlled access

system for this fishery. For example,

new entrants may lose a good part of

their new investments if the future

assignment of fishing privileges is

weighted more toward historical rather

than current participation.

The Councils concluded that an

extension of the existing moratorium on

the issuance of commercial vessel

permits for king mackerel is necessary

to avoid these negative impacts and to

provide adequate time for the Councils

to evaluate and develop an alternative

limited access or limited entry program.

Therefore, this proposed rule would

extend the expiration date of the

existing moratorium from October 16,

2000, through October 15, 2005, or to

the date of implementation of a license

limitation, limited access, and/or IFQ or

ITQ program that replaces the

moratorium, whichever occurs first.

Changes Proposed by NMFS

To simplify the regulations, NMFS

proposes to delete language in § 622.4

regarding implementation of the original

moratorium on issuance of commercial

vessel permits for king mackerel that is

no longer pertinent.

Consistent with a recent change of the

name of Dade County, FL, to MiamiDade County, FL, NMFS proposes to

revise all references to Dade County, FL,

to read Miami-Dade County, FL,

throughout 50 CFR part 622.

Classification

At this time, NMFS has not

determined that the amendment this

rule would implement is consistent

with the national standards of the

Magnuson-Stevens Act and other

applicable laws. NMFS, in making that

determination, will take into account

the data, views, and comments received

during the comment period on

Amendment 12.

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

Notwithstanding any other provision

of law, no person is required to respond

to, nor shall a person 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 includes collection-ofinformation requirements that are

subject to the PRA. The first collectionof-information pertains to applications

for commercial vessel permits. That

collection is currently approved under

OMB Control No. 0648–0205 and its

public reporting burden is estimated at

20 minutes per response. The second

collection-of-information pertains to

fishing records of vessels permitted in

the commercial king or Spanish

mackerel fisheries. That collection is

currently approved under OMB Control

No. 0648–0016 and its public reporting

burden is estimated at 15 minutes per

response. These burden estimates

include the time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Send comments regarding these burden

estimates, or any other aspect of this

data collection, including suggestions

for reducing the burden, to NMFS and

OMB (see ADDRESSES).

The Chief Counsel for Regulation of

the Department of Commerce has

certified to the Chief Counsel for

Advocacy of the Small Business

Administration that this proposed rule,

if adopted, would not have a significant

economic impact on a substantial

number of small entities as follows:

The proposed rule contains a single

provision to extend the commercial king

mackerel permit moratorium from its current

expiration date of October 15, 2000, to

October 15, 2005, or until replaced with a

license limitation, limited access, and/or

individual fishing quota or individual

transferable quota system, whichever occurs

earlier. The action covers both the Gulf of

Mexico and South Atlantic Federal waters.

The moratorium on new permits was first

instituted in March 1998 and will expire on

October 15, 2000. There is a need to extend

the current moratorium on new permits

because progress toward designing and

implementing the intended limited access

system has not been as rapid as originally

envisioned. Comprehensive limited access

systems are difficult to develop and

implement; at this point, there is insufficient

35042 Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Proposed Rules

time to institute a new limited access system

for the king mackerel fishery by October 15,

2000. Hence, the current action is being

proposed to provide the Councils with

additional time to develop a new limited

access system and to ensure that the current

permit moratorium does not lapse before they

have completed this task.

The entities that could be affected by

changes in the current system governing the

ability of individual firms to engage in the

lawful harvest of king mackerel in the Gulf

of Mexico and the South Atlantic consist of

those firms holding commercial harvest

permits. There are currently about 2,100

commercial permit holders and all could be

potentially affected by the proposed action.

Also, all the firms holding the permits

qualify as small business entities per the

definition used by the Small Business

Administration. Hence, a substantial number

of small business entities could be affected

by the action.

The concept of status quo has a somewhat

unusual context in terms of this particular

proposed action. Specifically, the status quo

(taking no action) means that the current

permit moratorium would expire, the fishery

would revert to open access, and the number

of permitted fishermen would likely increase.

Conversely, under the proposed action, the

permit moratorium, which has existed since

1998, would remain in effect until replaced

by a new limited access system.

If the status quo alternative (let the current

permit moratorium expire) is taken, then

there would be a number of economic effects

related to a reversion of the fishery to open

access. For example, given that there were

over 2,600 permitted entities based on the

original control date for the fishery, and

about 2,100 currently, it is obvious that

additional vessel owners would apply for

and receive permits if the moratorium is

lifted. While some of these new entrants

would likely obtain a permit with the

intention of only establishing fishing rights

in the king mackerel fishery and would not

actively participate in the fishery, other new

entrants would likely participate in the

fishery for one or more reasons. Some new

entrants might land a minimum quantity of

king mackerel on the basis that having a

permit, in combination with a history of at

least some level of landings, would further

enhance their claim to future fishery

participation rights. Other new entrants

would likely become active participants in

the fishery. This is probable based on the fact

that a number of permit transfers occur each

year, and a market has developed for these

transferable king mackerel permits. The price

range associated with an existing permit is

not known, but permits for other species in

the Gulf of Mexico and South Atlantic are

known to be valued at several thousand

dollars. With the moratorium lifted, new

entry would be possible by paying only the

administrative permit fee, currently $50 for a

new permit or $20 for a king mackerel

endorsement to an existing permit for

another species. The value conferred on

current permits by the moratorium will be

lost.

It is noted that at the present time under

the permit moratorium, the entity giving up

a permit by transfer must exit the fishery, and

current exit behavior is clearly influenced by

a number of factors, including the current

value of a permit. Recently available logbook

data for this fishery indicates that some of the

current participants do not land a large

amount of king mackerel on an annual basis.

These are the participants who are most

likely to sell their existing permits to new

entrants under the continuing condition of a

permit moratorium. The reasoning is that the

expected net present value of their profits

(net revenues) derived from their small

catches are exceeded by the current market

value of their king mackerel permit. As such,

the permit moratorium has resulted in a

reduction in the number of permits in the

king mackerel fishery.

New entrants in the king mackerel fisheries

will not necessarily result in a large overall

increase in catch. This is because the

commercial king mackerel fishery operates

under an annual quota that is enforced

through fishery closures. The quota for the

Gulf of Mexico fishery has typically been met

each year. Although not met in recent years,

the quota for the South Atlantic fishery

historically has been met. However, even if

the new entrants do not result in a significant

increase in overall landings, an increase in

the rate at which king mackerel is harvested

should result, particularly in the Gulf of

Mexico fishery. This scenario would

exacerbate the existing derby fishery in the

Gulf and would tend to lead to lower overall

exvessel prices because the quota would be

landed in a shorter period of time.

In summary, maintaining the status quo

and thereby allowing the permit moratorium

to expire would result in an increase in the

number of permits, a possible increase in the

annual catch, a likely decrease in exvessel

prices, and a loss of the existing transfer

value of existing permits. The result would

be a negative economic impact on all the

current permit holders, including those

permit holders who might otherwise be

expected to sell their permits and exit the

fishery under the current system. There

would also be positive impacts for at least

some of the new entrants because they could

obtain a permit for $20 to $50 instead of

paying the existing higher market price for a

permit. Some of these new entrants would be

expected to participate in the fishery at a

significant and profitable level. In addition to

these rather straightforward impacts on

current and potential new entrants, the

increase in the rate at which king mackerel

are harvested, especially in the Gulf where a

restrictive quota pertains, would intensify the

existing derby fishery and the attendant loss

in economic benefits typically associated

with such fisheries. Reverting to an open

access fishery also means that the Councils

would once again have to undertake the

preliminary steps necessary to establish a

comprehensive limited access system. It is

likely that repeating these steps would have

additional negative economic impacts on at

least some of those participants who are

currently permitted. For example, they may

have to reestablish a fishing history or take

other actions necessary to continue fishing

under any new limited access system.

The overall conclusion is that if the status

quo alternative was chosen and the permit

moratorium allowed to expire on October 15,

2000, there would be a number of negative

impacts on existing participants in the king

mackerel fishery in Federal waters of the Gulf

of Mexico and South Atlantic. While there

would likely be some positive economic

impacts for a portion of any new entrants, the

negative impacts of the status quo action are

expected to exceed the positive impacts. An

increased number of king mackerel permits

would likely create a derby fishery,

particularly in the Gulf where current annual

quotas constrain harvests. Taking action to

extend the current permit moratorium means

that the likely negative economic impacts of

the status quo alternative will not occur. In

other words, the proposed action of

extending the permit moratorium until

October 15, 2005, should forestall adverse

economic changes and impacts associated

with the status quo scenario of letting the

moratorium expire. For these reasons, it

follows that the proposed action will not

result in a significant economic impact on a

substantial number of small business entities.

As a result, a regulatory flexibility

analysis was not required. A copy of the

RIR is available from the Council (see

ADDRESSES).

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico,

Reporting and recordkeeping

requirements, Virgin Islands.

Dated: May 24, 2000.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries,

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 last two sentences of

paragraph (a)(2)(iii), the last sentence of

paragraph (a)(2)(iv), and paragraph (q)

are revised to read as follows:

§ 622.4 Permits and fees.

(a) * * *

(2) * * *

(iii) * * * To obtain or renew a

commercial vessel permit for king

mackerel, at least 25 percent of the

applicant’s earned income, or at least

$10,000, must have been derived from

commercial fishing (i.e., harvest and

first sale of fish) or from charter fishing

during one of the 3 calendar years

preceding the application. See

paragraph (q) of this section regarding a

moratorium on commercial vessel

permits for king mackerel, transfers of

permits during the moratorium, and

Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Proposed Rules 35043

limited exceptions to the earned income

or gross sales requirement for a permit.

(iv) * * * To obtain or renew a

commercial vessel permit for Spanish

mackerel, at least 25 percent of the

applicant’s earned income, or at least

$10,000, must have been derived from

commercial fishing (i.e., harvest and

first sale of fish) or from charter fishing

during one of the 3 calendar years

preceding the application.

* * * * *

(q) Moratorium on commercial vessel

permits for king mackerel. This

paragraph (q) is effective through

October 15, 2005.

(1) NMFS will not accept applications

for additional commercial vessel

permits for king mackerel. Existing

vessel permits may be renewed, are

subject to the restrictions on transfer or

change in paragraphs (q)(2) through

(q)(5) of this section, and are subject to

the requirement for timely renewal in

paragraph (q)(6) of this section.

(2) An owner of a permitted vessel

may transfer a commercial vessel permit

for king mackerel to another vessel

owned by the same entity.

(3) An owner whose percentage of

earned income or gross sales qualified

him/her for a commercial vessel permit

for king mackerel may request that

NMFS transfer that permit to the owner

of another vessel, or to the new owner

when he or she transfers ownership of

the permitted vessel. NMFS may issue

a commercial vessel permit for king

mackerel to such owner of another

vessel, or new owner. NMFS may renew

the permit through April 15 following

the first full calendar year after the

permit is transferred, without the owner

meeting the percentage of earned

income or gross sales requirement of

paragraph (a)(2)(iii) of this section.

However, to further renew the

commercial vessel permit, the owner of

the other vessel, or new owner, must

meet the earned income or gross sales

requirement not later than the first full

calendar year after the permit is

transferred.

(4) If a permit is based on an

operator’s earned income and, thus, is

valid only when that person is the

operator of the vessel, the owner of the

vessel may request that NMFS transfer

the permit to the income-qualifying

operator if such operator becomes an

owner of a vessel.

(5) If a permit is based on an

operator’s earned income and, thus, is

valid only when that person is the

operator of the vessel, the owner of the

vessel may request that NMFS remove

the operator qualification on the permit

by returning the original permit to the

RA with an application for the changed

permit. NMFS may renew the permit

without such qualification through

April 15 following the first full calendar

year after NMFS removes the operator

qualification, without the owner

meeting the earned income or gross

sales requirement of paragraph (a)(2)(iii)

of this section. However, to further

renew the commercial vessel permit, the

owner must meet the earned income or

gross sales requirement not later than

the first full calendar year after NMFS

removes the operator qualification.

(6) NMFS will not reissue a

commercial vessel permit for king

mackerel if the permit is revoked or if

the RA does not receive an application

for renewal within 1 year of the permit’s

expiration date.

§§ 622.2, 622.6, 622.41, 622.44 [Amended]

3. In addition to the amendments set

forth above, in 50 CFR part 622, remove

the word ‘‘Dade’’ and add, in its place,

the words ‘‘Miami-Dade’’ in the

following places:

(a) Section 622.2, in paragraph (2) of

the definition of ‘‘Migratory group’’;

(b) Section 622.6(b)(2);

(c) Section 622.41(c)(3)(ii)(B); and

(d) Section 622.44(a)(1)(iii).

[FR Doc. 00–13572 Filed 5–31–00; 8:45 am]

BILLING CODE 3510–22–F