64350 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT:

Regina L. Spallone, Fishery Policy

Analyst, 508–281–9221.

SUPPLEMENTARY INFORMATION:

Regulations implementing Amendment

2 to the Fishery Management Plan for

the Summer Flounder Fishery (FMP) are

found at 50 CFR part 625. The

regulations require annual specification

of a commercial quota that is

apportioned among the coastal states

from North Carolina through Maine. The

process to set the annual commercial

quota and the percentage allocated to

each state is described in § 625.20.

The commercial quota for summer

flounder for the 1995 calendar year was

set equal to 14,690,407 lb (6,663,456 kg),

and the allocations to each state were

published February 16, 1995 (60 FR

8958). At that time, Maryland was

allocated a quota of 299,551 lb (135,874

kg), and New York was allocated a quota

of 1,123,374 lb (509,554 kg). On

November 17, 1995, Maryland

transferred 50,000 lb (22,680 kg) of its

commercial quota to New York (60 FR

57685). As a result of that transfer, the

commercial quotas for Maryland and

New York were set to equal 249,551 lb

(113,194 kg), and 1,173,374 lb (532,233

kg), respectively.

The final rule implementing

Amendment 5 to the FMP was

published December 17, 1993 (58 FR

65936), and allows two or more states,

under mutual agreement and with the

concurrence of the Director, Northeast

Region, NMFS (Regional Director), to

transfer or combine summer flounder

commercial quota. The Regional

Director is required to consider the

criteria set forth in § 625.20(f)(1), in the

evaluation of requests for quota transfers

or combinations.

Section 625.20(f)(3) further states that

a state may not submit a request to

transfer or combine quota if a request to

which it is a party is pending before the

Regional Director. While New York is

receiving two transfers from Maryland,

the Regional Director considered and

approved the first transfer request before

the second transfer request was

submitted. For efficiency’s sake, these

two transfers are being filed together.

Maryland has agreed to make two

additional transfers of commercial quota

to New York. The first is for 30,000 lb

(13,608 kg) and the second for 20,000 lb

(9,072 kg). The original transfer of

30,000 lb (13,608 kg) was arranged to

prevent a state closure and allow

federally-permitted vessels to land

summer flounder that would otherwise

be discarded. Subsequently, landings

reports indicated that 30,000 lb (13,608

kg) would not be sufficient to prevent a

closure, and therefore, a second transfer

was agreed upon. As a result, NMFS is

filing these transfers totalling 50,000 lb

(22,680 kg). The Regional Director has

determined that the criteria set forth in

§ 625.20(f)(1) have been met, and

publishes this notification of quota

transfers. The revised quotas for the

calendar year 1995 are: Maryland,

199,551 lb (90,515 kg); and New York,

1,223,374 lb (554,913 kg).

This action does not alter any of the

conclusions reached in the

environmental impact statement

prepared for Amendment 2 to the FMP

regarding the effects of summer flounder

fishing activity on the human

environment. Amendment 2 established

procedures for setting an annual

coastwide commercial quota for summer

flounder and a formula for determining

commercial quotas for each state. The

quota transfer provision was established

by Amendment 5 to the FMP and the

environmental assessment prepared for

Amendment 5 found that the action had

no significant impact on the

environment. Under section

6.02b.3(b)(i)(aa) of NOAA

Administrative Order 216–6, this action

is categorically excluded from the

requirement to prepare additional

environmental analyses. This is a

routine administrative action that

reallocates commercial quota within the

scope of previously published

environmental analyses.

Classification

This action is taken under 50 CFR

part 625 and is exempt from review

under E.O. 12866.

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

Dated: December 12, 1995.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–30599 Filed 12–14–95; 2:06 pm]

BILLING CODE 3510–22–F

50 CFR Part 641

[Docket No. 95081020–5286–04; I.D.

082395A]

RIN 0648–AG29

Reef Fish Fishery of the Gulf of

Mexico; Amendment 11; OMB Control

Numbers

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement certain provisions of

Amendment 11 to the Fishery

Management Plan for the Reef Fish

Resources of the Gulf of Mexico (FMP).

These provisions revise the framework

procedure for modifying management

measures, restrict the sale/purchase of

reef fish harvested from the exclusive

economic zone (EEZ) to permitted reef

fish vessels/dealers, allow transfer of

reef fish permits and fish trap

endorsements under specified

circumstances, implement a new reef

fish permit moratorium, and require

charter vessel and headboat permits. In

addition, NMFS informs the public of

the approval by the Office of

Management and Budget (OMB) of the

collection-of-information requirement

contained in this rule. The intended

effects of the final rule are to improve

procedures for timely management,

relieve restrictions and hardships, and

enhance enforceability of the

regulations.

EFFECTIVE DATES: The amendments in

this rule are effective January 1, 1996,

except for the amendments to, or

additions of, the following sections,

which are effective April 1, 1996: In

§ 641.4, paragraph (a)(3), the new

paragraph (o), and the second

amendment of paragraph (a)(4); in

§ 641.7, paragraphs (g), (r), and (x), (gg),

and (jj)(1), and the second amendment

of paragraph (bb); § 641.10, paragraphs

(b)(4), (b)(6), and (b)(7).

ADDRESSES: Comments regarding the

collection-of-information requirement

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, OMB, Washington,

DC 20503 (Attention: NOAA Desk

Officer).

FOR FURTHER INFORMATION CONTACT:

Michael E. Justen or 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 through regulations at 50

CFR part 641 under the authority of the

Magnuson Fishery Conservation and

Management Act (Magnuson Act).

Based on a preliminary evaluation of

Amendment 11 at the beginning of

formal agency review, NMFS

disapproved three of its measures after

determining that they were inconsistent

with the provisions of the Magnuson

Act and other applicable law. NMFS

published a proposed rule to implement
Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations 64351

the remaining measures of Amendment

11 (60 FR 47341, September 12, 1995).

The rationale for the remaining

measures of Amendment 11, as well as

the reasons for the disapproval of the

three Amendment 11 measures at the

beginning of formal agency review, are

contained in the preamble of the

proposed rule and are not repeated here.

On November 24, 1995, NMFS approved

the remaining measures of Amendment

11; this final rule implements those

approved measures.

Comments and Responses

Eight individuals submitted

comments on Amendment 11 and the

proposed rule as follows.

Comment: One commenter opposed

allowing fish trap endorsements to be

transferred. This final rule permits a fish

trap endorsement in effect on September

12, 1995, to be transferred to an

otherwise ineligible vessel if that vessel

participated in the fishery and reported

landings of reef fish from traps in the

EEZ from November 20, 1992, through

February 6, 1994. The commenter noted

that NMFS had provided information on

the moratorium prior to these fishermen

entering the fishery. Therefore, these

fishermen should have known that they

may be ineligible for a fish trap

endorsement under Amendment 5 and

should not be allowed to qualify for a

transfer under Amendment 11.

Response: NMFS agrees that proper

notice of the moratorium was provided.

However, the Council is free to revisit

previously decided issues any time new

information or considerations become

available. Indeed, as noted on page 29

of Amendment 11, whatever permanent

measure replaces the moratorium may

be more restrictive, including a possible

ban on fish traps altogether. However,

the amendment further states that some

of the current fish trap endorsements are

not being used, and certain fishermen

invested in gearing up for this fishery

unaware of the moratorium

notwithstanding its widespread

announcement. The limited ability to

transfer which is implemented here will

restrain effort at the level which the

Council previously established, yet

provide an equitable resolution of these

issues.

Comment: One commenter indicated

that the new reef fish permit

moratorium on January 1, 1996, would

prohibit him from entering the fishery.

Therefore, the start of the new

moratorium should occur after a

window of opportunity was provided

for him to get a reef fish permit.

Response: The existing reef fish

permit moratorium, which was imposed

to prevent continued speculative entry

while the Council considered other reef

fish effort management alternatives,

expires on December 31, 1995. The

alternative for red snapper chosen by

the Council and approved by NMFS,

was contained in Amendment 8, which

established an individual transferable

quota system. The Council is now

considering establishing a limited

access system for the other species in

the reef fish complex. The Council

determined that imposing a new

moratorium effective upon expiration of

the old moratorium was needed to

stabilize participation in the fishery

during these considerations. The

Council considered options, including

allowing the moratorium to expire, but

felt that this would unnecessarily

disrupt the fishery. The Council also

recognized that the new moratorium

should not be continued indefinitely. In

Amendment 11, the Council proposed

and NMFS implemented a new

moratorium to be in effect for not more

than 5 years, that is, through December

31, 2000.

Comment: Three commenters

supported the one-time transfer of

existing fish trap endorsements.

Response: NMFS agrees with these

commenters and has approved these

management measure for the reasons

previously stated.

Comment: Four commenters

supported allowing the transfer of reef

fish permits and two supported

allowing the transfer of fish trap

endorsements in the event of death or

disability.

Response: NMFS agrees with these

comments and has approved these

management measures.

Comment: One commenter objected to

the charter vessel/headboat permit

requirement. The commenter believes

that (1) the current regulations

adequately define when a vessel is

operating as a charter vessel or headboat

and (2) headboats can be readily

identified by their required U.S. Coast

Guard Certificate of Inspection.

Response: NMFS does not dispute the

information contained in the comment.

For-hire vessels (i.e., charter vessels and

headboats) constitute an important part

of the recreational fishery for reef fish.

However, accurate information is not

available on how many for-hire vessels

are engaged in the reef fish fishery. As

stated in Amendment 11, the Council

perceives the following benefits of a

charter vessel/headboat permit: (1)

Determination of the number and

distribution of charter vessels/

headboats, (2) compilation of a mailing

list that could be used to distribute

information of interest to the

recreational fishery, (3) identification of

the universe of recreational for-hire

vessels in the event that logbooks or

other data collection systems are

implemented or that limited access for

the recreational for-hire sector of the

fishery is implemented, and (4) creation

of a means of curbing the activities of

repeat violators, that is, through permit

sanctions. Accordingly, NMFS

implemented the Council’s requirement

for charter vessel/headboat permits.

Comments Outside the Scope of the

Proposed Rule

Comment: One commenter supported

the 2.0 biological generation time

provision for the framework procedure

that was previously disapproved by

NMFS based on a preliminary review of

Amendment 11. The commenter felt

that the existing 1.5 generation time

limit was arbitrary.

Response: NMFS disapproved this

provision based on a preliminary review

of Amendment 11. This comment,

therefore, is outside the scope of the

proposed rule.

Changes from the Proposed Rule

Publication of the final rule to

implement Amendment 8 to the FMP

(60 FR 61200, November 29, 1995)

requires changes from the proposed rule

in this final rule. In this final rule, some

of the changes that are effective January

1, 1996, recodify, restate, or otherwise

modify paragraphs that are being

changed in the Amendment 8 final rule

with an effective date of April 1, 1996.

For clarity, this final rule contains

revisions/additions, effective April 1,

1996, that supersede revisions/additions

contained in the final rule to implement

Amendment 8 that were to be effective

April 1, 1996, as follows: (1)

Amendment 8’s revised first sentence of

§ 641.4(a)(2) is superseded by this final

rule’s revised first sentence of

§ 641.4(a)(4); (2) Amendment 8’s revised

§ 641.7(g), (r), and (bb) are superseded

by this final rule’s § 641.7(g), (r), and

(bb); and (3) Amendment 8’s added

§ 641.7(q) is superseded by this final

rule’s added § 641.7(o).

For compatibility with the final rule

to implement Amendment 8, this final

rule changes the designation of

paragraphs in § 641.7.

At § 641.4(a)(3), the requirement for a

charter vessel/headboat permit is

clarified. A vessel that is used as a

charter vessel or headboat in a fishery

other than reef fish is not required to

have a reef fish charter vessel/headboat

permit, in addition to its reef fish

commercial permit, to fish for reef fish

under the commercial quota. A

prohibition is added at § 641.7(x)
64352 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations

regarding the requirement for charter

vessel/headboat permits.

At § 641.4(n)(4), the criteria for

eligibility to receive a transferred fish

trap endorsement is clarified. An owner

of a vessel that had qualifying landings

for such transfer may obtain by transfer

a fish trap endorsement for that vessel

even if the owner currently has a fish

trap endorsement based on the landings

of another vessel.

This final rule removes § 641.24(g).

The management measure currently in

§ 641.24(g) is included in § 641.28(a) in

this final rule.

Classification

The Regional Director, Southeast

Region, NMFS, determined that

Amendment 11 is necessary for the

conservation and management of the

reef fish fishery of the Gulf of Mexico

and that it is consistent with the

Magnuson Act and other applicable law,

with the exception of those measures

that were previously disapproved. (See

the proposed rule (60 FR 47341,

September 12, 1995) for a discussion of

the disapproved measures.)

This action has been determined to be

not significant for purposes of E.O.

12866.

The Council prepared an initial

regulatory flexibility analysis (IRFA) as

part of its regulatory impact review of

Amendment 11. The IRFA described the

impacts the proposed rule would have

on small entities, if adopted. Those

impacts were summarized in the

proposed rule. NMFS has adopted the

IRFA as a final regulatory flexibility

analysis without change.

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 unless that collection of

information displays a currently valid

OMB control number.

This rule contains a collection-ofinformation requirement subject to the

Paperwork Reduction Act, specifically,

applications for charter vessel/headboat

permits. This collection has been

approved by OMB under OMB control

number 0648–0205. The public

reporting burden for this collection of

information is estimated to average 20

minutes per response. This rule revises

the collections of information relating to

applications for commercial vessel

permits and applications for fish trap

endorsements, which are currently

approved under OMB control number

0648–0205 and have public reporting

burdens estimates of 20 minutes per

response, each. The reporting burden

estimates are unchanged. This rule

repeats the collection-of-information

requirement for dealer permits, which is

currently approved under OMB control

number 0648–0205 and has a public

reporting burden estimate of 5 minutes

per response. Each of the above

reporting burden estimates includes the

time for reviewing instructions,

searching existing data sources,

gathering and maintaining the data

needed, and completing and reviewing

the collections of information. Send

comments regarding any of these

reporting burden estimates or any other

aspects of the collections of information,

including suggestions for reducing the

burdens, to NMFS and OMB (see

ADDRESSES).

The provisions in this final rule that

implement a new reef fish permit

moratorium must be effective January 1,

1996, immediately following the current

permit moratorium. Otherwise, the

number of vessels with reef fish permits

could increase, thus subverting the

intended effects of the new moratorium,

as discussed in Amendment 11 and the

proposed rule. Accordingly, under

section 553(d)(3) of the Administrative

Procedure Act (APA), the Assistant

Administrator for Fisheries, NOAA

(AA), finds for good cause that it is

contrary to the public interest to delay

for 30 days the effective date of the

provisions for a new reef fish permit

moratorium.

The provisions in this final rule that

allow transfer of reef fish permits and

fish trap endorsements relieve

restrictions. Accordingly, under section

553(d)(1) of the APA, a 30-day delay in

effectiveness of these provisions is not

required.

All permitted reef fish dealers and all

owners of permitted reef fish vessels

were advised in writing on or about

December 1, 1995, that the provisions in

this final rule that restrict the sale/

purchase of reef fish harvested from the

EEZ to permitted reef fish vessels/

dealers would be implemented on

January 1, 1996. Thus, actual notice

approximately 30 days prior to

effectiveness has been provided to

persons affected. In view of the

proliferation of effective dates for

changes to the reef fish regulations

under Amendments 8 and 11, that is,

November 24, 1995, and April 1, 1996,

under Amendment 8 and January 1 and

April 1, 1996, under Amendment 11,

avoidance of yet another effective date

is highly desirable for ease of

understanding and transition to the new

management measures for reef fish.

Accordingly, under section 553(d)(3) of

the APA, the AA finds for good cause

that it is contrary to the public interest

to delay for 30 days the effective date of

the restrictions on sale/purchase of reef

fish harvested from the EEZ.

To allow time for the dissemination,

completion, receipt, and processing of

applications, and for issuance of

permits, NMFS makes the provisions of

this final rule requiring charter vessel/

headboat permits effective on April 1,

1996.

List of Subjects in 50 CFR Part 641

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: December 7, 1995.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 641 is amended

as follows:

PART 641—REEF FISH FISHERY OF

THE GULF OF MEXICO

1. The authority citation for part 641

continues to read as follows:

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

2. In § 641.4, paragraphs (o) and (p)

are removed; paragraphs (a) and (b), the

first sentence of paragraph (f)(1), the

first sentence of paragraph (h), and

paragraphs (m) and (n) are revised to

read as follows. (Note: This amendment

supersedes the amendment to

§641.4(a)(2) that was published on

November 29, l995 (60 FR 61207.))

§ 641.4 Permits and fees.

(a) Applicability—(1) Commercial

vessel permits.

(i) As a prerequisite to selling reef fish

in or from the EEZ and to be eligible for

exemption from the bag limits specified

in § 641.24(b) for reef fish in or from the

EEZ, an annual commercial vessel

permit for reef fish must be issued to the

vessel and must be on board. However,

see paragraph (m) of this section

regarding a moratorium on commercial

vessel permits.

(ii) To obtain or renew a commercial

vessel permit, the owner or operator of

the vessel must have derived more than

50 percent of his or her earned income

from commercial fishing, that is, sale of

the catch, or from charter or headboat

operations during either of the 2

calendar years preceding the

application. (See paragraph (m)(3) of

this section for a limited exception to

this requirement.) For a vessel owned by

a corporation or partnership, the earned

income requirement must be met by an

officer or shareholder of the corporation,

a general partner of the partnership, or

the vessel operator. A commercial vessel

permit issued upon the qualification of
Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations 64353

an operator is valid only when that

person is the operator of the vessel.

(iii) A qualifying owner or operator of

a charter vessel or headboat may obtain

a commercial vessel permit. However, a

charter vessel or headboat must adhere

to the bag limits when operating as a

charter vessel or headboat.

(2) Fish trap endorsements. To

possess or use a fish trap in the EEZ, a

commercial vessel permit for reef fish

with a fish trap endorsement must be

issued to the vessel and must be on

board. However, see paragraph (n) of

this section regarding a moratorium on

fish trap endorsements. In addition, a

color code for marking the vessel and

trap buoys must be obtained from the

Regional Director—see § 641.6.

(3) [Reserved]

(4) Dealer permits. A dealer who

receives from a fishing vessel reef fish

harvested from the EEZ must obtain an

annual dealer permit. To be eligible for

such permit, an applicant must have a

valid state wholesaler’s license in the

state(s) where the dealer operates, if

required by such state(s), and must have

a physical facility at a fixed location in

such state(s).

(b) Application for a vessel permit—

(1) An application for a commercial

vessel permit or a charter vessel/

headboat permit must be submitted to

the Regional Director and signed by the

owner (in the case of a corporation, a

qualifying officer or shareholder; in the

case of a partnership, a qualifying

general partner) or operator of the

vessel. After receipt of a complete

application, at least 30 days must be

allowed for processing the application

and issuing a permit. All permits are

mailed to owners, whether the applicant

is an owner or an operator.

(2) An applicant must provide the

following:

(i) A copy of the vessel’s valid U.S.

Coast Guard certificate of

documentation or, if not documented, a

copy of its valid state registration

certificate.

(ii) The vessel’s name and official

number.

(iii) The name, address, telephone

number, and other identifying

information of the owner and of the

applicant, if other than the owner.

(iv) Any other information concerning

the vessel, gear characteristics, principal

fisheries engaged in, or fishing areas

requested by the Regional Director.

(v) Any other information that may be

necessary for the issuance or

administration of the permit.

(3) In addition, an applicant for a

commercial vessel permit—

(i) Must provide documentation of

earned income that meets the criteria of

paragraph (a)(1)(ii) of this section; and

(ii) If fish traps will be used to harvest

reef fish, must provide the following

information:

(A) The number, dimensions, and

estimated cubic volume of the fish traps

that will be used; and

(B) The applicant’s desired color code

for use in identifying his or her vessel

and buoys (white is not an acceptable

color code).

* * * * *

(f) * * * (1) The Regional Director will

issue a permit at any time to an

applicant if the application is complete

and, in the case of an application for a

commercial vessel permit, the applicant

meets the earned income requirement

specified in paragraph (a)(1)(ii) of this

section. * * *

* * * * *

(h) * * * A vessel permit or

endorsement or dealer permit issued

under this section is not transferable or

assignable, except as provided under

paragraph (m) of this section for a

commercial vessel permit or as provided

under paragraph (n) of this section for

a fish trap endorsement. * * *

* * * * *

(m) Moratorium on commercial vessel

permits. This paragraph (m) is effective

through December 31, 2000.

(1) Except for an application for

renewal of an existing commercial

vessel permit or as provided in

paragraphs (m)(2) and (m)(3) of this

section, no applications for commercial

vessel permits will be accepted.

(2) An owner of a permitted vessel

may transfer the commercial vessel

permit to another vessel owned by the

same entity by returning the existing

permit with an application for a

commercial vessel permit for the

replacement vessel.

(3) An owner whose earned income

qualified for the commercial vessel

permit may transfer that permit to the

owner of another vessel or to the new

owner when he or she sells the

permitted vessel. The owner of a vessel

that is to receive the transferred permit

must return the existing permit to the

Regional Director with an application

for a commercial vessel permit for his or

her vessel. Such new owner may receive

a commercial vessel permit for that

vessel, and renew it for the first

calendar year after obtaining it, without

meeting the earned income requirement

of paragraph (a)(1)(ii) of this section.

However, to renew the commercial

vessel permit for the second calendar

year after the transfer, the new owner

must meet that earned income

requirement not later than the first

calendar year after the permit transfer

takes place.

(4) A commercial vessel permit that is

not renewed or that is revoked will not

be reissued. A permit is considered to

be not renewed when an application for

renewal is not received by the Regional

Director within 1 year of the expiration

date of the permit.

(n) Moratorium on fish trap

endorsements. The provisions of this

paragraph (n) are effective through

February 7, 1997.

(1) A fish trap endorsement will not

be issued or renewed unless the current

owner of the commercially permitted

vessel for which the endorsement is

requested has a record of landings of

reef fish from fish traps in the EEZ of

the Gulf of Mexico during 1991 or 1992,

as reported on fishing vessel logbooks

received by the Science and Research

Director on or before November 19,

1992. An owner will not be issued fish

trap endorsements for vessels in

numbers exceeding the number of

vessels for which the owning entity had

the requisite reported landings in 1991

or 1992.

(2) An owner of a vessel with a fish

trap endorsement may transfer the

endorsement to another vessel owned

by the same entity by returning the

existing endorsement with an

application for an endorsement for the

replacement vessel.

(3) A fish trap endorsement is not

transferable upon change of ownership

of a vessel with a fish trap endorsement,

except as follows:

(i) A fish trap endorsement is

transferable when the change of

ownership of the permitted vessel is

from one to another of the following:

Husband, wife, son, daughter, brother,

sister, mother, or father.

(ii) In the event that a vessel with a

fish trap endorsement has a change of

ownership that is directly related to the

disability or death of the owner, the

Regional Director may issue a fish trap

endorsement, temporarily or

permanently, with the reef fish

commercial permit that is issued for the

vessel under the new owner. Such new

owner will be the person specified by

the owner or his/her legal guardian, in

the case of a disabled owner, or by the

will or executor/administrator of the

estate, in the case of a deceased owner.

(Change of ownership of a vessel with

a commercial reef fish permit upon

disability or death of an owner is

considered a purchase of a permitted

vessel and paragraph (m)(3) of this

section applies regarding a commercial

reef fish permit for the vessel under the

new owner.)
64354 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations

(4) A fish trap endorsement in effect

on September 12, 1995, may be

transferred to a vessel with a

commercial vessel permit whose owner

has a record of landings of reef fish from

fish traps in the EEZ, as reported on

fishing vessel logbooks received by the

Science and Research Director from

November 20, 1992, through February 6,

1994, and who was unable to obtain a

fish trap endorsement for such vessel

under paragraph (n)(1) of this section.

The owner of a vessel that is to receive

the transferred endorsement must return

the currently endorsed commercial

permit and the unendorsed permit to

the Regional Director with an

application for a fish trap endorsement

for his or her vessel. Revised

commercial permits will be returned to

each owner.

(5) If a fish trap endorsement is

transferred under paragraph (n)(3) or

(n)(4) of this section, the owner of the

vessel to which the endorsement is

transferred may renew the endorsement

without regard to the requirement of

paragraph (n)(1) of this section

regarding a record of landing of reef fish

from fish traps.

(6) A fish trap endorsement that is not

renewed or that is revoked will not be

reissued. A fish trap endorsement is

considered to be not renewed when an

application for renewal is not received

by the Regional Director within 1 year

of the expiration date of the permit.

3. In § 641.4, effective April 1, 1996,

paragraphs (a)(3) and (o) are added, and

the first sentence of newly revised

paragraph (a)(4) is revised to read as

follows:

§ 641.4 Permits and fees.

(a) * * *

(3) Charter vessel/headboat permits.

For a person on board a vessel that is

operating as a charter vessel or headboat

to fish for or possess a reef fish in or

from the EEZ, a charter vessel/headboat

permit for reef fish must be issued to the

vessel and must be on board.

(4) * * * A dealer who receives from

a fishing vessel reef fish harvested from

the EEZ, or red snapper from adjoining

state waters harvested by or possessed

on board a vessel with a commercial

permit issued under this section, must

obtain an annual dealer permit. * * *

* * * * *

(o) Permit conditions. (1) As a

condition of a commercial vessel permit

issued under this section, without

regard to where red snapper are

harvested or possessed, a vessel with a

commercial permit—

(i) Must comply with the red snapper

individual transferrable quota

requirements of § 641.10(b).

(ii) May not transfer or receive red

snapper at sea.

(iii) Must maintain red snapper with

head and fins intact through landing,

and the exceptions to that requirement

contained in § 641.21(b)(3) and (b)(4) do

not apply to red snapper. Such red

snapper may be eviscerated, gilled, and

scaled but must otherwise be

maintained in a whole condition.

(2) As a condition of a dealer permit

issued under this section, without

regard to where red snapper are

harvested or possessed, a permitted

dealer must comply with the red

snapper individual transferrable quota

requirements of § 641.10(b).

§ 641.5 [Amended]

4. In § 641.5, in the first sentence of

paragraph (c), the phrase ‘‘reef fish

permit’’ is removed and the phrase

‘‘commercial reef fish permit’’ is added

in its place.

5. In § 641.7, paragraphs (a), (s), (y),

and (bb) are revised and new paragraphs

(ll) and (mm) are added to read as

follows:

§ 641.7 Prohibitions.

* * * * *

(a) Falsify information specified in

§ 641.4(b) or (c) on an application for a

permit or endorsement, or information

regarding transfer or revision of a permit

or endorsement.

* * * * *

(s) Purchase, barter, trade, or sell, or

attempt to purchase, barter, trade, or

sell, a reef fish—

(1) Harvested from the EEZ by a vessel

that does not have a valid commercial

permit, or

(2) Possessed under the bag limits—as

specified in § 641.28(a).

* * * * *

(y) Use or possess in the EEZ a fish

trap without a valid fish trap

endorsement, as specified in

§ 641.4(a)(2).

* * * * *

(bb) Without a dealer permit, receive

from a fishing vessel, by purchase,

trade, or barter, reef fish harvested from

the EEZ, as specified in § 641.4(a)(4).

* * * * *

(ll) Sell, trade, or barter or attempt to

sell, trade, or barter reef fish harvested

on board a vessel for which a

commercial permit has been issued

under § 641.4 to a dealer that does not

have a permit issued under § 641.4, as

specified in § 641.28(b).

(mm) As a permitted dealer, purchase,

trade, or barter or attempt to purchase,

trade, or barter reef fish harvested on

board a vessel that does not have a

commercial permit issued under

§ 641.4, as specified in § 641.28(c).

6. In § 641.7, effective April 1, 1996,

paragraphs (g), (r), and newly revised

(bb) are revised and paragraph (x) is

added to read as follows:

§ 641.7 Prohibitions.

* * * * *

(g) Possess a finfish without its head

and fins intact, as specified in

§ 641.21(b); or a red snapper without its

head and fins intact, as specified in

§ 641.4(o)(1)(iii).

* * * * *

(r) Transfer reef fish at sea, as

specified in § 641.24(f); or transfer or

receive red snapper at sea, as specified

in § 641.4(o)(1)(ii).

* * * * *

(x) Own or operate a vessel that fishes

for or possesses reef fish in or from the

EEZ, when such vessel is operating as

a charter vessel or headboat without a

charter vessel/headboat permit, as

specified in § 641.4(a)(3).

* * * * *

(bb) Without a dealer permit, receive

from a fishing vessel, by purchase,

trade, or barter, reef fish harvested from

the EEZ, or red snapper from adjoining

state waters harvested by or possessed

on board a vessel with a commercial

permit, as specified in § 641.4(a)(4).

* * * * *

§ 641.24 [Amended]

7. In § 641.24, paragraph (g) is

removed.

§§ 641.28 and 641.29 [Redesignated as

§§ 641.29 and 641.30]

8. Sections 641.28 and 641.29 are

redesignated as §§ 641.29 and 641.30,

respectively, and new § 641.28 is added

to read as follows:

§ 641.28 Restrictions on sale/purchase.

(a) A reef fish harvested in the EEZ on

board a vessel that does not have a valid

commercial permit, as required by

§ 641.4(a)(1), or possessed under the bag

limits specified in § 641.24(b), may not

be purchased, bartered, traded, or sold,

or attempted to be purchased, bartered,

traded, or sold.

(b) A reef fish harvested on board a

vessel for which a valid commercial

permit has been issued under § 641.4

may be sold, traded, or bartered or

attempted to be sold, traded, or bartered

only to a dealer who has a valid permit

issued under § 641.4.

(c) A reef fish harvested in the EEZ

may be purchased, traded, or bartered or

attempted to be purchased, traded, or

bartered by a dealer who has a valid

permit issued under § 641.4 only from a

vessel for which a valid commercial

permit has been issued under § 641.4.
Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations 64355

§§ 641.2, 641.23, 641.24, 641.25, and 641.27

[Amended]

9. In addition to the amendments set

forth above, effective January 1, 1996, in

50 CFR part 641 remove the word

‘‘permit’’ and add, in its place, the

words ‘‘commercial permit’’ in the

following places:

(a) Section 641.2, in the definitions of

‘‘Charter vessel’’ and ‘‘Headboat’’;

(b) Section 641.23(d)(2)(iii);

(c) Section 641.24(a)(1)(ii)(A);

(d) Section 641.25 introductory text;

and

(e) Section 641.27(a).

§§ 641.7 and 641.10 [Amended]

10. Effective April 1, 1996, in 50 CFR

part 641 remove the word ‘‘permit’’ and

add, in its place, the words ‘‘commercial

permit’’ in the following places:

(a) Section 641.7(gg);

(b) Section 641.7(jj)(1);

(c) Section 641.10(b)(4);

(d) Section 641.10(b)(6), first

occurrence only; and

(e) Section 641.10(b)(7), second

occurrence only.

[FR Doc. 95–30382 Filed 12–14–95; 8:45 am]

BILLING CODE 3510–22–F