[Federal Register Volume 60, Number 241 (Friday, December 15, 1995)]
[Rules and Regulations]
[Pages 64350-64355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30382]



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DEPARTMENT OF COMMERCE
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.

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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 Sec. 641.4, paragraph 
(a)(3), the new paragraph (o), and the second amendment of paragraph 
(a)(4); in Sec. 641.7, paragraphs (g), (r), and (x), (gg), and (jj)(1), 
and the second amendment of paragraph (bb); Sec. 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 

[[Page 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 Sec. 641.4(a)(2) is superseded by this final 
rule's revised first sentence of Sec. 641.4(a)(4); (2) Amendment 8's 
revised Sec. 641.7(g), (r), and (bb) are superseded by this final 
rule's Sec. 641.7(g), (r), and (bb); and (3) Amendment 8's added 
Sec. 641.7(q) is superseded by this final rule's added Sec. 641.7(o).
    For compatibility with the final rule to implement Amendment 8, 
this final rule changes the designation of paragraphs in Sec. 641.7.
    At Sec. 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 Sec. 641.7(x) 

[[Page 64352]]
regarding the requirement for charter vessel/headboat permits.
    At Sec. 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 Sec. 641.24(g). The management measure 
currently in Sec. 641.24(g) is included in Sec. 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-of-information 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 Sec. 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 
Sec. 641.4(a)(2) that was published on November 29, l995 (60 FR 
61207.))


Sec. 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 
Sec. 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 

[[Page 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 Sec. 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.)

[[Page 64354]]

    (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 Sec. 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:


Sec. 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 Sec. 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 
Sec. 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 Sec. 641.10(b).


Sec. 641.5  [Amended]

    4. In Sec. 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 Sec. 641.7, paragraphs (a), (s), (y), and (bb) are revised 
and new paragraphs (ll) and (mm) are added to read as follows:


Sec. 641.7  Prohibitions.

* * * * *
    (a) Falsify information specified in Sec. 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 Sec. 641.28(a).
* * * * *
    (y) Use or possess in the EEZ a fish trap without a valid fish trap 
endorsement, as specified in Sec. 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 Sec. 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 Sec. 641.4 to a dealer that does not have a permit 
issued under Sec. 641.4, as specified in Sec. 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 Sec. 641.4, as 
specified in Sec. 641.28(c).
    6. In Sec. 641.7, effective April 1, 1996, paragraphs (g), (r), and 
newly revised (bb) are revised and paragraph (x) is added to read as 
follows:


Sec. 641.7  Prohibitions.

* * * * *
    (g) Possess a finfish without its head and fins intact, as 
specified in Sec. 641.21(b); or a red snapper without its head and fins 
intact, as specified in Sec. 641.4(o)(1)(iii).
* * * * *
    (r) Transfer reef fish at sea, as specified in Sec. 641.24(f); or 
transfer or receive red snapper at sea, as specified in 
Sec. 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 
Sec. 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 Sec. 641.4(a)(4).
* * * * *


Sec. 641.24  [Amended]

    7. In Sec. 641.24, paragraph (g) is removed.


Secs. 641.28 and 641.29  [Redesignated as Secs. 641.29 and 641.30]

    8. Sections 641.28 and 641.29 are redesignated as Secs. 641.29 and 
641.30, respectively, and new Sec. 641.28 is added to read as follows:


Sec. 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 Sec. 641.4(a)(1), or 
possessed under the bag limits specified in Sec. 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 Sec. 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 Sec. 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 Sec. 641.4 only from a vessel for 
which a valid commercial permit has been issued under Sec. 641.4.

[[Page 64355]]



Secs. 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).


Secs. 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