Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Proposed Rules 55205

1997 at 9:00 a.m. in Washington, D.C.

Any person wishing to participate in the

hearing should notify the Docket Clerk

by telephone (202–632–3198) or by mail

at the address provided below at least

five working days prior to the date of

the hearing and submit three copies of

the oral statement that he or she intends

to make at the hearing. The notification

should identify the party the person

represents, and the particular subject(s)

the person plans to address. The

notification should also provide the

Docket Clerk with the participant’s

mailing address. FRA reserves the right

to limit participation in the hearings of

persons who fail to provide such

notification.

ADDRESSES: (1) Docket Clerk: Written

notification should identify the docket

number and must be submitted in

triplicate to the Docket Clerk, Office of

Chief Counsel, Federal Railroad

Administration, RCC–10, 400 Seventh

Street, S.W., Washington, D.C. 20590.

(2) Public Hearing: The public hearing

will be held in the Federal Aviation

Administration (FAA) Auditorium,

Third Floor, Federal Office Building

10A, 800 Independence Avenue, S.W.,

Washington, D.C. 20591.

FOR FURTHER INFORMATION CONTACT:

Edward Pritchard, Acting Staff Director,

Motive Power and Equipment Division,

Office of Safety Assurance and

Compliance, FRA, 400 Seventh Street,

S.W., Mail Stop 25, Washington, D.C.

20590 (telephone: 202–632–3362);

Daniel Alpert, Trial Attorney, Office of

Chief Counsel, FRA, 400 Seventh Street,

S.W., Mail Stop 10, Washington, D.C.

(telephone: 202–632–3186); or Thomas

Herrmann, Trial Attorney, Office of

Chief Counsel, FRA, 400 Seventh Street,

S.W., Mail Stop 10, Washington, D.C.

20590 (telephone: 202–632–3167).

Issued in Washington, D.C., on October 20,

1997.

Jolene M. Molitoris,

Federal Railroad Administrator.

[FR Doc. 97–28148 Filed 10–22–97; 8:45 am]

BILLING CODE 4910–06–P

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.

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-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).

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
55206 Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Proposed Rules

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
Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Proposed Rules 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 MagnusonStevens 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
55208 Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Proposed Rules

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 forhire 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.
Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Proposed Rules 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 § 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:

§ 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 § 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 § 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 enforcementrelated 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 § 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 § 622.44(e)(2), a

vessel must have been issued both a
55210 Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Proposed Rules

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

§ 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 § 622.7, paragraphs (a) through

(c) are revised to read as follows:

§ 622.7 Prohibitions.

* * * * *

(a) Engage in an activity for which a

valid Federal permit, license, or

endorsement is required under § 622.4

or § 622.17 without such permit,

license, or endorsement.
Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Proposed Rules 55211

(b) Falsify information on an

application for a permit, license, or

endorsement or submitted in support of

such application, as specified in

§ 622.4(b), (g), or (p) or § 622.17.

(c) Fail to display a permit, license, or

endorsement, as specified in § 622.4(i)

or § 622.17(g).

* * * * *

4. In § 622.34, a sentence is added at

the end of paragraph (g)(1) and

paragraph (l) is revised to read as

follows:

§ 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

§ 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 § 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 § 622.45(c)(1).

5. In § 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:

§ 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

§ 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 § 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 § 622.45(c)(1).

* * * * *

6. In § 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:

§ 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 § 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 § 622.42, paragraph (a)(1)(i) is

revised to read as follows:

§ 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

§§ 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 §§ 622.34(l) and

622.43(a)(1)(i).

* * * * *

8. In § 622.44, paragraph (e) is revised

to read as follows:

§ 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 § 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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[I.D. 101497F]

New England Fishery Management

Council; Public Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public meeting.

SUMMARY: The New England Fishery

Management Council (Council) will

hold a 2-day public meeting to consider

actions affecting New England fisheries

in the exclusive economic zone.

DATES: The meeting will be held on

Wednesday, November 5, 1997, at 10

a.m., and on Thursday, November 6,

1997, at 8:30 a.m.

ADDRESSES: The meeting will be held at

the Holiday Inn by the Bay, 88 Spring

Street, Portland, ME; telephone (207)

775–2311. Requests for special

accommodations should be addressed to

the New England Fishery Management