[Federal Register Volume 62, Number 205 (Thursday, October 23, 1997)]
[Proposed Rules]
[Pages 55205-55211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28166]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 971009242-7242-01; I.D. 091997B]
RIN 0648-AJ14


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendment 15

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 this proposed rule to implement Amendment 15 to 
the Fishery Management Plan for the Reef Fish Resources of the Gulf of 
Mexico (FMP). This proposed rule would replace the current commercial 
red snapper endorsement and trip limit system with a system comprised 
of two classes of transferrable red snapper licenses and trip limits; 
starting in 1998, split the red snapper commercial fishing season into 
two time periods, the first commencing February 1 with two-thirds of 
the annual quota available and the second commencing on September 1 
with the remainder of the annual quota available; open the red snapper 
commercial fishery at noon on the first of each month and close it at 
noon on the 15th of each month during the commercial season; prohibit 
the possession of reef fish in excess of the bag limit on a vessel that 
has on board, or is tending, a trap other than a fish, stone crab, or 
spiny lobster trap; increase the minimum size limit for vermilion 
snapper; close the commercial fishery for greater amberjack each year 
during March through May; remove sea basses, grunts, and porgies from 
the FMP; and remove certain species from the aggregate bag limit for 
reef fish. In addition, NMFS proposes to exclude certain species from 
the prohibition on their harvest using powerheads in the stressed area. 
The intended effects of this rule are to conserve and manage the reef 
fish resources of the Gulf of Mexico.

DATES: Written comments must be received on or before December 8, 1997.

ADDRESSES: Comments on the proposed rule or on the initial regulatory 
flexibility analysis (IRFA) must be sent to Robert Sadler, Southeast 
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, 
FL 33702.
    Comments regarding the collection-of-information 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).
    Requests for copies of Amendment 15, which includes an 
environmental assessment, a regulatory impact review (RIR), and an 
IRFA, and for copies of a minority report submitted by two members of 
the Council, should be sent to the Gulf of Mexico Fishery Management 
Council, Suite 1000, 3018 U.S. Highway 301 North, Tampa, FL, 33619, 
phone: 813-228-2815; Fax: 813-225-7015.

FOR FURTHER INFORMATION CONTACT: Robert Sadler, 813-570-5305.

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico 
is managed under the FMP. The FMP was prepared by the Gulf of Mexico 
Fishery Management Council (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.

Red Snapper Licenses and Trip Limits

    The current commercial red snapper endorsement and trip limit 
system would be replaced with a ``two-tier'' license system consisting 
of Class 1 licenses, holders of which would be restricted to a red 
snapper trip limit of 2,000 lb (907 kg), and Class 2 licenses, holders 
of which would be restricted to a red snapper trip limit of 200 lb (91 
kg). A Class 1 license would be issued for the vessel specified by the 
holder of a red snapper endorsement on March 1, 1997, and to a 
historical captain. The determination of status as a historical captain 
would be based on information collected under Amendment 9 to the FMP. 
The definition of historical captain in this proposed rule is unchanged 
from that published in the final rule to implement Amendment 9 (59 FR 
39301, August 2, 1994).
    A Class 2 license would be issued for a vessel specified by an 
owner or operator whose earned income qualified for a Gulf reef fish 
permit that was valid on March 1, 1997, and whose vessel had recorded a 
red snapper landing during the period January 1, 1990, through February 
28, 1997. Eligibility for a Class 2 license would be based on 
information collected under Amendment 9 on red snapper landings in the 
1990-1992 period. Red snapper landings for the

[[Page 55206]]

period January 1, 1993, through February 28, 1997, would be based 
solely on fishing vessel logbooks received by the Science and Research 
Director, Southeast Fisheries Science Center, NMFS, not later than 
March 31, 1997. To establish eligibility for an initial Class 2 
license, a vessel's record of red snapper landings may be transferred 
to the current owner of a reef fish permitted vessel. The specific 
circumstances for such transfers are designed to protect the reasonable 
and legitimate rights of owners.
    The Regional Administrator, Southeast Region, NMFS (Regional 
Administrator), would notify each owner of a vessel that had a valid 
Gulf reef fish permit on March 1, 1997, each operator whose earned 
income qualified for a valid permit on that date, and each potential 
historical captain of his or her eligibility for a Class 1 or Class 2 
red snapper license. Initial determinations of eligibility would be 
based on NMFS' records of red snapper endorsements, red snapper 
landings during the period from January 1, 1990, through February 28, 
1997, and applications for historical captain status under Amendment 9 
to the FMP. An owner, operator, or potential historical captain who 
concurs with NMFS' initial determination of eligibility would not need 
to take further action; if he or she is determined to be eligible, an 
appropriate license would be issued not later than January 28, 1998.
    A person initially determined by the Regional Administrator to be 
ineligible for historical captain status or a Class 2 red snapper 
license may appeal that decision to either the Regional Administrator 
or an ad hoc appeals committee, consisting of the principal state 
officials who are members of the Council, or their designees. The 
Regional Administrator and the appeals committee would be empowered 
only to deliberate whether the eligibility criteria were applied 
correctly in the appellant's case. In making that determination, the 
Regional Administrator or the appeals committee members would consider 
only disputed calculations and determinations based on the 
documentation provided, including transfers of landings records. 
Neither the appeals committee nor the Regional Administrator would be 
empowered to consider whether a person should have been eligible for 
historical captain status or a Class 2 license because of hardship or 
other factors.
    Amendment 15 would allow transfer of red snapper licenses to 
permitted reef fish vessels without restriction. This would encourage 
flexibility in participation in the fishery.

Changes to Timing of Red Snapper Commercial Harvest

    Amendment 15 and the proposed rule would split the red snapper 
commercial fishing season into two time periods starting in 1998, the 
first commencing February 1 with two-thirds of the annual quota 
available, and the second commencing on September 1 with the remainder 
of the annual quota available. This measure is intended to enhance 
planning of fishing activities by ensuring sufficient advance 
notification of each year's opening dates. A split commercial harvest 
period has been implemented in recent years by regulatory amendment.
    Amendment 15 and the proposed rule would open the red snapper 
commercial fishery at noon on the first of each month and close it at 
noon on the 15th of each month, during the commercial red snapper 
season. The Council proposed, and NMFS approved, a regulatory amendment 
that included a similar measure starting September 2, 1997, for the 
remainder of the 1997 commercial season (62 FR 46677, September 4, 
1997). Allowing commercial harvest only during the first 15 days of 
each month would help extend the length of the fishing season. This 
extension of the fishing season may reduce ex-vessel prices. Any 
reduction in revenues would be offset, to some degree, by reduced costs 
for vessel/gear maintenance and repair (due to preventive maintenance 
during closed periods) and associated increases in efficiency of 
fishing operations. However, the 15-day harvest period followed by a 
15-day closure could result in a series of mini-derbies as fishermen 
compete to get their share of the commercial quota.
    Monitoring and enforcement costs would increase as a function of 
the number of 15-day periods the fishery is open. However, closing the 
commercial red snapper fishery for the rest of the month after the 15-
day harvest period should allow fishermen time to perform preventive 
maintenance and minor repairs before the fishery opens the following 
month. This should improve safety and avoid the higher repair costs 
that can occur when normal, preventive maintenance is postponed.

Restriction on Possession of Reef Fish Harvested in Traps Other 
Than Fish Traps

    Current regulations do not limit the amount of reef fish that may 
be harvested in traps other than fish traps, provided the vessel has a 
reef fish permit. This creates a loophole for directed harvest of reef 
fish by other trap gear, including blue crab traps. Anecdotal 
information indicates that some persons are using blue crab traps to 
target reef fish in the EEZ off the Big Bend area of Florida. It is 
believed that these persons do not possess fish trap endorsements and, 
in some cases, commercial reef fish vessel permits.
    To address this loophole, Amendment 15 and the proposed rule would 
restrict the possession of reef fish on a vessel that has on board, or 
is tending, a trap other than a stone crab, spiny lobster, or permitted 
reef fish trap, to the bag limits. The measure should enhance 
enforcement by discouraging directed harvest of reef fish by fishermen 
allegedly fishing blue crab traps. Blue crabs are seldom found in the 
EEZ off Florida, and rarely in commercial quantities.

Increase in the Minimum Size Limit for Vermilion Snapper

    Amendment 15 and the proposed rule would extend indefinitely the 
10-inch (25.4-cm) minimum size limit established by temporary interim 
rule (62 FR 47765, September 11, 1997). That temporary interim rule, 
which expires on March 11, 1997, increased the minimum size limit from 
8 inches (20.3 cm) pending the development, approval, and 
implementation of Amendment 15. Because the interim rule has already 
appropriately modified the regulatory text for the 10-inch (25.4-cm) 
minimum size limit, the proposed rule would not modify the regulatory 
text.
    The minimum size limit increase from 8 inches (20.3 cm) to 10 
inches (25.4 cm) responds to the 1996 vermilion snapper stock 
assessment, a 1997 Addendum to that assessment, and Reef Fish Stock 
Assessment Panel (SAP) Reports. In those documents, fishery scientists 
concluded that the vermilion snapper resource, while not currently 
overfished, is undergoing overfishing based on decreasing trends in 
overall catch, mean size of individual fish, catch-per-unit-effort, and 
estimated numbers of age-1 fish in the population. The intent of the 
increase in the minimum size limit is to help mitigate the need for 
more restrictive vermilion snapper management measures in the future 
(e.g., quotas, additional increases in minimum size, and reductions in 
bag limits). A 10-inch minimum size limit reduces fishing mortality, 
increases the vermilion snapper spawning potential ratio (SPR), and 
thereby improves the status of the resource.
    The Council recognized that, if the declining trends continue, 
additional regulatory action will be needed to prevent vermilion 
snapper from becoming overfished. The Council has

[[Page 55207]]

requested that a stock assessment on vermilion snapper be completed by 
the Southeast Fisheries Science Center (SEFSC) in 1998 to allow 
development of appropriate management actions. Such actions would be 
accomplished under the FMP's framework procedure, or by an additional 
FMP amendment.

Seasonal Closure of the Commercial Fishery for Greater Amberjack

    NMFS prepared a stock assessment that indicated greater amberjack 
is relatively healthy (i.e., the SPR was estimated at 43 percent in 
1994, well above the overfished threshold). However, given the 
uncertainty associated with the assessment, and based on recent data 
showing declines in effort, average size, and landings of greater 
amberjack, the Council and the Reef Fish Stock Assessment Panel 
determined that the stock assessment was too optimistic. In response to 
that information, the Council proposed in Amendment 12, and NMFS 
implemented, a reduction in the greater amberjack recreational bag 
limit from three fish to one fish (61 FR 65983, December 16, 1996).
    The Council believes a seasonal closure of commercial harvest of 
greater amberjack is necessary to reduce fishing mortality; ensure that 
commercial effort does not negate stock rebuilding resulting from the 
recent bag limit reduction; and provide more equitable sharing of the 
burden of stock rebuilding between the recreational and commercial 
sectors. Accordingly, Amendment 15 and the proposed rule would close 
the commercial fishery during March, April, and May of each year. This 
measure was found by the SEFSC to be based on the best available 
scientific information.

Removal of Sea Basses, Grunts, and Porgies From the FMP

    Amendment 15 and the proposed rule would remove sea basses, grunts, 
and porgies from the FMP. Removal of these species was proposed by the 
Council in response to public testimony that severe, adverse economic 
effects resulted from Amendment 12's inclusion of sea basses, grunts, 
and porgies in the 20-fish aggregate bag limit for species for which 
there is no other bag limit. Public testimony was primarily from 
headboat operators who indicated that many of their repeat customers 
had typically harvested these species (primarily grunts) in excess of 
the 20-fish aggregate bag limit.
    Sea basses, grunts, and porgies are harvested predominantly off 
Florida. The Council determined that if these species were removed from 
the FMP, they could be effectively managed by Florida without 
conservation risk. The Council representative from the Florida Marine 
Fisheries Commission (FMFC) stated that the FMFC has scheduled public 
hearings on potential management measures for these species.
    Since Amendment 15 does not include a delegation of management 
authority to Florida, although such a delegation can be authorized 
under Section 306(a)(3)(B) of the Magnuson-Stevens Act, Florida would 
not be empowered to regulate a person aboard a vessel registered in 
another state, unless that vessel landed fish in Florida. However, 
landings of these species are insignificant outside Florida, and, given 
their relatively low value, the economic incentive for out of state 
vessels to harvest these species off Florida but land the catch in 
another state is minimal. Proposal of this measure also is consistent 
with the President's Regulatory Reinvention Initiative of March 4, 
1995, that directs Federal agencies, among several things, to consider 
eliminating Federal regulations where the states can assume the 
necessary regulatory function.

Removal of Species From the Aggregate Bag Limit for Reef Fish

    The regulations implementing Amendment 12 to the FMP established a 
20-fish aggregate bag limit for species of reef fish not otherwise 
subject to a bag limit. In Amendment 12, the Council intended that the 
aggregate bag limit apply only to species in the ``management unit'' of 
the FMP. However, 11 species that are in the FMP, but are not in the 
``management unit,'' were inadvertently included in the aggregate bag 
limit.
    The Council concluded that the unintended inclusion of these 11 
species in the aggregate bag limit resulted in an unnecessary burden on 
recreational fishermen, who use some of them (primarily pinfish and 
sand perch) as bait. Accordingly, Amendment 15 and the proposed rule 
would exclude these species from the aggregate bag limit. Seven of the 
11 species are sea basses, grunts, and porgies. If, as discussed above, 
sea basses, grunts, and porgies are removed from the FMP, these seven 
species would be automatically excluded from the aggregate bag limit. 
The remaining four species--sand perch, dwarf sand perch, hogfish, and 
queen triggerfish--would be excluded from the aggregate bag limit by 
this action.

Availability of and Comments on Amendment 15

    Additional background and rationale for the measures discussed 
above are contained in Amendment 15, the availability of which was 
announced in the Federal Register on September 26, 1997 (62 FR 50553). 
Written comments on Amendment 15 are solicited and must be received by 
November 25, 1997. Comments that are received by November 25, 1997, 
whether specifically directed to the amendment or the proposed rule, 
will be considered in the approval/disapproval decision on Amendment 
15. Comments received after that date will not be considered in the 
approval/disapproval decision. All comments received on Amendment 15 or 
on this proposed rule during their respective comment periods will be 
addressed in the preamble to the final rule.

Change Proposed by NMFS

    NMFS proposes to exempt four species from the prohibition on their 
being taken by use of a powerhead in the stressed area, the near-shore 
portion of the Gulf of Mexico EEZ where the majority of fishing for 
reef fish occurs. Appendix B, Table 2 of 50 CFR part 622 sets forth the 
coordinates of the stressed area. As discussed above, there are 11 
species in the FMP that are not in the management unit. If Amendment 
15's proposal to remove sea basses, grunts, and porgies from the FMP is 
approved, only sand perch, dwarf sand perch, hogfish, and queen 
triggerfish would remain in the FMP but not in the management unit.
    Commencing with the original regulations implementing the FMP (49 
FR 39548, October 9, 1984), the use of a powerhead in the stressed area 
to take reef fish species in the FMP management unit has been 
prohibited. Such prohibition did not apply to species in the FMP but 
not in the management unit. No other management measures distinguished 
between reef fish species in the management unit and those not in the 
management unit. By interim final and final rules (61 FR 34930, July 3, 
1996, and 61 FR 47821, September 11, 1996), NMFS consolidated 11 CFR 
parts covering most of the fisheries conducted in the Southeast Region, 
NMFS, into 50 CFR part 622. In the process of that consolidation, the 
prohibition on the taking of reef fish species in the stressed area 
with a powerhead was expanded erroneously to include species in the FMP 
but not in the management unit. Accordingly, to conform to the intent 
of the Council regarding species for which

[[Page 55208]]

a powerhead may not be used in the stressed area, NMFS proposes to 
exempt sand perch, dwarf sand perch, hogfish, and queen triggerfish 
from that prohibition. However, if Amendment 15's proposed removal from 
the FMP of sea basses, grunts, and porgies is not approved, NMFS would 
remove all 11 species currently in the FMP but not in the management 
unit from the powerhead prohibition.

Classification

    At this time, NMFS has not determined that the amendment that 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 15.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Council prepared an IRFA that describes the impact this 
proposed rule, if adopted, would have on small entities. Based on the 
IRFA, NMFS has concluded that Amendment 15, if approved and implemented 
through final regulations, would have significant economic impacts on a 
substantial number of small entities. The IRFA is summarized as 
follows.
    The Council intends that the proposed management measures will: 
Increase the stability of the commercial red snapper fishery in terms 
of fishing patterns and markets, while also reducing harvesting 
capacity; promote flexibility for and safety of commercial red snapper 
fishermen in their fishing operations; provide for cost-effective and 
enforceable management of the reef fish fishery by removing certain 
species from the FMP and restricting use of certain non-fish traps to 
catch reef fish; reduce fishing mortality of vermilion snapper, which 
is in danger of becoming overfished, and greater amberjack, which 
appears to be declining in abundance; and limit the application of the 
20-fish aggregate bag limit to species listed in the FMP management 
unit, thereby relieving recreational fishermen of an unnecessary 
burden. The Magnuson-Stevens Act provides the legal basis for the rule.
    Amendment 15 would affect all of the 1,424 commercial reef fish 
harvesting firms and 930 for-hire vessels (838 charter vessels and 92 
headboats) operating in the Gulf of Mexico. These commercial and 
recreational entities are considered small business entities for the 
purposes of the Regulatory Flexibility Act, because their annual gross 
revenues are less than $3 million and $5 million, respectively. 
Therefore, a substantial number of small entities are expected to be 
affected for purposes of the Regulatory Flexibility Act.
    The commercial red snapper license and trip limit system is 
expected to include practically all current participants in the 
commercial red snapper fishery. Based on historical landings, the 
potential change in the distribution of revenues could be higher than 5 
percent relative to the 1996 share for an unknown number of these 
vessels. The provisions of Amendment 15 regarding commercial red 
snapper fishing seasons have potential impacts on revenues. These 
impacts have been determined to reduce ex-vessel revenues by an unknown 
amount.
    The potential reduction in revenues due to the non-fish trap 
harvest provision is unknown. The proposed increase in minimum size 
limit for vermilion snapper would reduce commercial ex-vessel revenues 
by less than 5 percent, since landings reductions have been estimated 
to be only about 1.6 percent. On the other hand, the minimum size limit 
increase would reduce recreational landings by about 23 percent, 
primarily in the for-hire sector. The proposed removal of species from 
the FMP and 20-fish aggregate bag limit are not expected to reduce 
revenues.
    Revenue reduction from the proposed spawning season closure for 
greater amberjack could be as high as 22 percent. While amberjack 
revenues account for only 4.7 percent of commercial reef fish revenues, 
a revenue reduction of 22 percent for those fishermen who target 
amberjack would be significant.
    The total public burden to comply with the provisions of Amendment 
15 has been estimated at $35,000 annually--an insignificant portion of 
the total industry costs. However, entry costs by new red snapper 
fishery participants could account for more than 5 percent of total 
operating costs. As a result, annual compliance costs (e.g., annualized 
capital, operating, reporting) could increase total costs of production 
for some small entities by more than 5 percent.
    The IRFA also discusses information available regarding the ability 
of small business fishing firms to finance items such as a switch to 
new gear. Available information, however, is not sufficient to estimate 
whether capital costs of compliance represent a significant portion of 
capital available to small entities.
    It is unknown whether this proposed rule is likely to result in 2 
percent of the small entities affected being forced to cease business 
operations. The adoption of a license limitation system would preclude 
some vessels from re-entering the commercial red snapper fishery 
without leasing or buying licenses, but those vessels could still 
harvest other reef fish if they possess valid commercial reef fish 
permits. The vermilion snapper minimum size limit and spawning season 
closure for greater amberjack would reduce revenues of some vessels, 
but the affected entities are not expected to cease operation.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified. The reporting, recordkeeping, and other compliance 
requirements of the proposed rule are not materially different from the 
current practice, with the possible exception of license renewal. No 
additional professional skills are required to comply with the proposed 
rule.
    The Council considered several types of alternatives designed to 
meet the FMP objectives. With respect to the license limitation 
program, the status quo (i.e., continuation of the current endorsement 
system) is not considered a viable alternative since it provides little 
opportunity for new entities to enter the fishery. Some unknown amount 
of revenue could be forgone by adopting the proposed split monthly 
harvest period alternative. Other specific alternatives were 
considered, but are generally found to be more costly to the fishery 
participants.
    Regarding vermilion snapper minimum size limits, under the status 
quo (i.e., an 8-inch (20.3-cm) size limit after expiration of the 
interim rule) the status of the stocks would deteriorate, which could 
have potentially significant adverse short-term impacts on the stock 
and the industry over the long-run. The other rejected vermilion 
snapper management alternative was a 12-inch (30.5-cm) minimum size 
limit. This rejected alternative could effect an immediate and 
substantial revenue reduction on both the commercial vessels and for-
hire vessels by potentially causing a loss of as much as 25 percent and 
69 percent in landings, respectively.
    Regarding the spawning season closure for greater amberjack, both 
rejected alternatives would have less adverse short-term impacts on 
fishing participants. However, the proposed spawning season closure 
responds to landings information indicating a declining status of the 
stock; therefore, the proposed spawning season closure could prevent 
potential long-term negative impacts associated with the two rejected 
alternatives.

[[Page 55209]]

    The alternatives proposed in the remainder of Amendment 15, 
compared to the corresponding rejected alternatives, were generally 
shown to better address problems in the fishery. A copy of the IRFA is 
available from the Council (see ADDRESSES).
    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 contains two new, one-time collection-of-information 
requirements subject to the PRA--namely, the submission of copies of 
agreements whereby a vessel's record of landings was not transferred 
when the vessel was sold and the submission of appeals of the Regional 
Administrator's initial determination of eligibility for historical 
captain status or a Class 2 red snapper license. These collection-of-
information requirements have been submitted to OMB for approval. The 
public reporting burdens for these collections of information are 
estimated at 15 and 45 minutes per response, respectively, including 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collections of information.
    Public comment is sought regarding: Whether these proposed 
collections of information are necessary for the proper performance of 
the functions of the agency, including whether the information will 
have 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 collections 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 collections of information, to NMFS 
and OMB (see ADDRESSES).
    This rule would continue in effect the collection-of-information 
requirement associated with the transfer or renewal of commercial red 
snapper endorsements, which would be applied to commercial red snapper 
licenses under Amendment 15. This collection of information was 
previously approved by OMB under OMB control number 0648-0205.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: October 17, 1997.
David L. Evans,
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 Sec. 622.4, paragraph (a) introductory text, paragraph (a)(2) 
heading, and paragraphs (a)(2)(ix), (d), (g), (i) through (l), and (p) 
are revised to read as follows:


Sec. 622.4  Permits and fees.

    (a) Permits required. To conduct activities in fisheries governed 
in this part, valid permits, licenses, and endorsements are required as 
follows:
* * * * *
    (2) Commercial vessel permits, licenses, and endorsements.
* * * * *
    (ix) Gulf red snapper. For a person aboard a vessel for which a 
commercial vessel permit for Gulf reef fish has been issued to retain 
red snapper under the trip limits specified in Sec. 622.44(e)(1) or 
(2), a Class 1 or Class 2 Gulf red snapper license must have been 
issued to the vessel and must be on board. See paragraph (p) of this 
section regarding initial issue of red snapper licenses.
* * * * *
    (d) Fees. A fee is charged for each application for a permit, 
license, or endorsement submitted under this section, for each request 
for transfer or replacement of such permit, license, or endorsement, 
and for each fish trap or sea bass pot identification tag required 
under Sec. 622.6(b)(1)(i). The amount of each fee is calculated in 
accordance with the procedures of the NOAA Finance Handbook, available 
from the RD, for determining the administrative costs of each special 
product or service. The fee may not exceed such costs and is specified 
with each application form. The appropriate fee must accompany each 
application, request for transfer or replacement, or request for fish 
trap/sea bass pot identification tags.
* * * * *
    (g) Transfer. A vessel permit, license, or endorsement or dealer 
permit issued under this section is not transferable or assignable, 
except as provided in paragraph (m) of this section for a commercial 
vessel permit for Gulf reef fish, paragraph (n) of this section for a 
fish trap endorsement, or paragraph (p) of this section for a red 
snapper license. A person who acquires a vessel or dealership who 
desires to conduct activities for which a permit, license, or 
endorsement is required must apply for such permit, license, or 
endorsement in accordance with the provisions of this section. If the 
acquired vessel or dealership is currently permitted, the application 
must be accompanied by the original permit and a copy of a signed bill 
of sale or equivalent acquisition papers.
* * * * *
    (i) Display. A vessel permit, license, or endorsement issued under 
this section must be carried on board the vessel. A dealer permit 
issued under this section, or a copy thereof, must be available on the 
dealer's premises. In addition, a copy of the dealer's permit must 
accompany each vehicle that is used to pick up from a fishing vessel 
reef fish harvested from the Gulf EEZ. The operator of a vessel must 
present the permit, license, or endorsement for inspection upon the 
request of an authorized officer. A dealer or a vehicle operator must 
present the permit or a copy for inspection upon the request of an 
authorized officer.
    (j) Sanctions and denials. A permit, license, or endorsement issued 
pursuant to this section may be revoked, suspended, or modified, and a 
permit, license, or endorsement application may be denied, in 
accordance with the procedures governing enforcement-related permit 
sanctions and denials found at 15 CFR part 904, subpart D.
    (k) Alteration. A permit, license, or endorsement that is altered, 
erased, or mutilated is invalid.
    (l) Replacement. A replacement permit, license, or endorsement may 
be issued. An application for a replacement permit, license, or 
endorsement is not considered a new application.
* * * * *
    (p) Gulf red snapper licenses--(1) Class 1 licenses. To be eligible 
for the 2,000-lb (907-kg) trip limit for Gulf red snapper specified in 
Sec. 622.44(e)(1), a vessel must have been issued both a valid 
commercial vessel permit for Gulf reef fish and a valid Class 1 Gulf 
red snapper license, and such permit and license must be on board.
    (2) Class 2 licenses. To be eligible for the 200-lb (91-kg) trip 
limit for Gulf red snapper specified in Sec. 622.44(e)(2), a vessel 
must have been issued both a

[[Page 55210]]

valid commercial vessel permit for Gulf reef fish and a valid Class 2 
Gulf red snapper license, and such permit and license must be on board.
    (3) Operator restriction. An initial Gulf red snapper license that 
is issued for a vessel based on the qualification of an operator or 
historical captain is valid only when that operator or historical 
captain is the operator of the vessel. When applicable, this operator 
restriction is shown on the license.
    (4) Transfer of Gulf red snapper licenses. A red snapper license 
may be transferred to a vessel owner independently of a commercial 
vessel permit for Gulf reef fish by completing the transfer information 
on the reverse of the license and returning it to the RD.
    (5) Initial issue of Gulf red snapper licenses--(i) Class 1 
licenses. (A) An initial Class 1 license is issued for the vessel 
specified by the holder of a valid red snapper endorsement on March 1, 
1997, and to a historical captain. In the event of death or disability 
of such holder between March 1, 1997, and the date Class 1 licenses are 
issued, the Class 1 license is issued for the vessel specified by the 
person to whom the red snapper endorsement was transferred.
    (B) Status as a historical captain is based on information 
collected under Amendment 9 to the Fishery Management Plan for the Reef 
Fish Resources of the Gulf of Mexico (FMP). A historical captain is an 
operator who--
    (1) From November 6, 1989, through 1993, fished solely under verbal 
or written share agreements with an owner, and such agreements provided 
for the operator to be responsible for hiring the crew, who was paid 
from the share under his or her control;
    (2) Landed from that vessel at least 5,000 lb (2,268 kg) of red 
snapper per year in 2 of the 3 years 1990, 1991, and 1992;
    (3) Derived more than 50 percent of his or her earned income from 
commercial fishing, that is, sale of the catch, in each of the years 
1989 through 1993; and
    (4) Landed red snapper prior to November 7, 1989.
    (ii) Class 2 licenses. (A) An initial Class 2 license is issued for 
the vessel specified by an owner or operator whose income qualified for 
a commercial vessel permit for reef fish that was valid on March 1, 
1997, and such owner or operator was the person whose earned income 
qualified for a commercial vessel permit for reef fish that had a 
landing of red snapper during the period from January 1, 1990, through 
February 28, 1997.
    (B) For the purpose of paragraph (p)(5)(ii)(A) of this section, 
landings of red snapper are as recorded in the information collected 
under Amendment 9 to the FMP for the period 1990 through 1992 and in 
fishing vessel logbooks, as required under Sec. 622.5(a)(1)(ii), 
received by the SRD not later than March 31, 1997, for the period from 
January 1, 1993, through February 28, 1997.
    (C) A vessel's red snapper landings record during the period from 
January 1, 1990, through February 28, 1997, is retained by the owner at 
the time of the landings if he or she transferred the permit to another 
vessel owned by him or her. When a vessel has had a change of ownership 
and concurrent transfer of its permit, the vessel's red snapper 
landings record is credited to the owner of that vessel on March 1, 
1997, unless there is a legally binding agreement under which a 
previous owner retained the landings record. An owner who claims such 
retention of a landings record must submit a copy of the agreement to 
the RD postmarked or hand delivered not later than January 6, 1998.
    (6) Implementation procedures--(i) Initial notification. The RD 
will notify each owner of a vessel that had a valid permit for Gulf 
reef fish on March 1, 1997, each operator whose earned income qualified 
for a valid permit on that date, and each potential historical captain 
of his or her eligibility for a Class 1 or Class 2 red snapper license. 
Initial determinations of eligibility will be based on NMFS' records of 
red snapper endorsements, red snapper landings during the period from 
January 1, 1990, through February 28, 1997, and applications for 
historical captain status under Amendment 9 to the FMP. An owner, 
operator, or potential historical captain who concurs with NMFS' 
initial determination of eligibility need take no further action--if 
determined to be eligible, an appropriate license will be issued not 
later than January 23, 1998.
    (ii) Appeals. (A) An appeal of the RD's initial decision regarding 
eligibility for historical captain status or for a Class 2 red snapper 
license may be submitted for reconsideration solely by the RD or to an 
ad hoc appeals committee consisting of the principal state officials 
who are members of the GMFMC, or their designees.
    (B) The RD and the appeals committee are empowered only to 
deliberate whether the eligibility criteria in paragraph (p)(5) of this 
section were applied correctly in the appellant's case. In making that 
determination, the RD or the appeals committee members will consider 
only disputed calculations and determinations, including disputed 
transfers of landings records, based on the documentation provided. 
Neither the appeals committee nor the RD is empowered to consider 
whether a person should have been eligible for historical captain 
status or a Class 2 license because of hardship or other factors.
    (C) A written request for consideration of an appeal must be 
submitted to the RD postmarked or hand delivered not later than January 
13, 1998, and must provide written documentation supporting the basis 
for the appeal. An appellant may also make a personal appearance before 
the appeals committee. If consideration by the appeals committee is 
requested, such request constitutes the appellant's written 
authorization under section 402(b)(1)(F) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) for 
the RD to make available to the appeals committee members such 
confidential catch and other records as are pertinent to the matter 
being appealed.
    (D) The appeals committee will meet only once to consider appeals 
submitted within the time period specified in paragraph (p)(6)(iii)(C) 
of this section. Members of the appeals committee will provide their 
individual recommendations for each appeal referred to the committee to 
the RD. Members of the appeals committee may comment upon whether the 
eligibility criteria were correctly applied in each case, based solely 
on the available record, including documentation submitted by the 
appellant. The RD will decide the appeal based on the initial 
eligibility criteria in paragraph (p)(5) of this section and the 
available record, including documentation submitted by the appellant 
and, if the appeal is considered by the appeals committee, the 
recommendations and comments from members of the appeals committee. The 
RD will notify the appellant of the decision and the reason therefore, 
in writing, normally within 15 days of receiving the recommendations of 
the appeals committee members. The RD's decision will constitute the 
final administrative action by NMFS on an appeal.
    3. In Sec. 622.7, paragraphs (a) through (c) are revised to read as 
follows:


Sec. 622.7  Prohibitions.

* * * * *
    (a) Engage in an activity for which a valid Federal permit, 
license, or endorsement is required under Sec. 622.4 or Sec. 622.17 
without such permit, license, or endorsement.

[[Page 55211]]

    (b) Falsify information on an application for a permit, license, or 
endorsement or submitted in support of such application, as specified 
in Sec. 622.4(b), (g), or (p) or Sec. 622.17.
    (c) Fail to display a permit, license, or endorsement, as specified 
in Sec. 622.4(i) or Sec. 622.17(g).
* * * * *
    4. In Sec. 622.34, a sentence is added at the end of paragraph 
(g)(1) and paragraph (l) is revised to read as follows:


Sec. 622.34  Gulf EEZ seasonal and/or area closures.

* * * * *
    (g) * * *
    (1) * * * The provisions of this paragraph (g)(1) do not apply to 
the following species: dwarf sand perch, hogfish, queen triggerfish, 
and sand perch.
* * * * *
    (l) Closures of the commercial fishery for red snapper. The 
commercial fishery for red snapper in or from the Gulf EEZ is closed 
from January 1 to noon on February 1 and thereafter from noon on the 
15th of each month to noon on the first of each succeeding month. All 
times are local times. During these closed periods, the possession of 
red snapper in or from the Gulf EEZ and in the Gulf on board a vessel 
for which a commercial permit for Gulf reef fish has been issued, as 
required under Sec. 622.4(a)(2)(v), without regard to where such red 
snapper were harvested, is limited to the bag and possession limits, as 
specified in Sec. 622.39(b)(1)(iii) and (b)(2), respectively, and such 
red snapper are subject to the prohibition on sale or purchase of red 
snapper possessed under the bag limit, as specified in 
Sec. 622.45(c)(1).
    5. In Sec. 622.36, the introductory text and paragraphs (a), (b), 
and (c) are redesignated as paragraph (b) introductory text and 
paragraphs (b)(1), (b)(2), and (b)(3), respectively, and paragraph (a) 
is added to read as follows:


Sec. 622.36  Seasonal harvest limitations.

    (a) During March, April, and May, each year, the possession of 
greater amberjack in or from the Gulf EEZ and in the Gulf on board a 
vessel for which a commercial permit for Gulf reef fish has been 
issued, as required under Sec. 622.4(a)(2)(v), without regard to where 
such greater amberjack were harvested, is limited to the bag and 
possession limits, as specified in Sec. 622.39(b)(1)(i) and (b)(2), 
respectively, and such greater amberjack are subject to the prohibition 
on sale or purchase of greater amberjack possessed under the bag limit, 
as specified in Sec. 622.45(c)(1).
* * * * *
    6. In Sec. 622.39, paragraph (a)(2) introductory text is 
republished, paragraph (a)(2)(iv) is added, and paragraph (b)(1)(v) is 
revised to read as follows:


Sec. 622.39  Bag and possession limits.

    (a) * * *
    (2) Paragraph (a)(1) of this section notwithstanding, bag and 
possession limits also apply for Gulf reef fish in or from the EEZ to a 
person aboard a vessel that has on board a commercial permit for Gulf 
reef fish--
* * * * *
    (iv) When the vessel has on board or is tending any trap other than 
a fish trap authorized under Sec. 622.40(a)(2), a stone crab trap, or a 
spiny lobster trap.
    (b) * * *
    (1) * * *
    (v) Gulf reef fish, combined, excluding those specified in 
paragraphs (b)(1)(i) through (iv) of this section and excluding dwarf 
sand perch, hogfish, queen triggerfish, and sand perch--20.
* * * * *
    7. In Sec. 622.42, paragraph (a)(1)(i) is revised to read as 
follows:


Sec. 622.42  Quotas.

    (a) * * *
    (1) * * *
    (i) Red snapper--4.65 million lb (2.11 million kg), round weight, 
apportioned as follows:
    (A) 3.06 million lb (1.39 million kg) available at noon on February 
1 each year, subject to the closure provisions of Secs. 622.34(l) and 
622.43(a)(1)(i).
    (B) The remainder available at noon on September 1 each year, 
subject to the closure provisions of Secs. 622.34(l) and 
622.43(a)(1)(i).
* * * * *
    8. In Sec. 622.44, paragraph (e) is revised to read as follows:


Sec. 622.44  Commercial trip limits.

* * * * *
    (e) Gulf red snapper. (1) The trip limit for red snapper in or from 
the Gulf for a vessel that has on board a valid commercial permit for 
Gulf reef fish and a valid Class 1 red snapper license is 2,000 lb (907 
kg), round or eviscerated weight.
    (2) The trip limit for red snapper in or from the Gulf for a vessel 
that has on board a valid commercial permit for Gulf reef fish and a 
valid Class 2 red snapper license is 200 lb (91 kg), round or 
eviscerated weight.
    (3) The trip limit for red snapper in or from the Gulf for any 
other vessel for which a commercial permit for Gulf reef fish has been 
issued is zero.
    (4) As a condition of a commercial vessel permit for Gulf reef 
fish, as required under Sec. 622.4(a)(2)(v), without regard to where 
red snapper are harvested or possessed, a vessel that has been issued 
such permit--
    (i) May not possess red snapper in or from the Gulf in excess of 
the appropriate vessel trip limit, as specified in paragraphs (e)(1) 
through (3) of this section.
    (ii) May not transfer or receive at sea red snapper in or from the 
Gulf.
* * * * *

Appendix A to Part 622 [Amended]

    9. In Table 3 of appendix A to part 622, the family Haemulidae--
Grunts and the three species and scientific names thereunder are 
removed; under the family Serranidae, the species Bank sea bass, Rock 
sea bass, and Black sea bass and their scientific names are removed and 
the family name ``Serranidae--Sea Basses and Groupers'' is revised to 
read ``Serranidae--Groupers''; and the family Sparidae--Porgies and the 
six species and scientific names thereunder are removed.
[FR Doc. 97-28166 Filed 10-22-97; 8:45 am]
BILLING CODE 3510-22-F