Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Proposed Rules 14261

Dated: March 10, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 227 is proposed

to be amended as follows:

PART 227—THREATENED FISH AND

WILDLIFE

1. The authority citation for part 227

continues to read as follows:

Authority: 16 U.S.C. 1531 et seq.

2. In § 227.4, a new paragraph (g) is

added to read as follows:

§ 227.4 Enumeration of threatened

species.

* * * * *

(g) Klamath Mountains Province

steelhead (Oncorhynchus mykiss).

[FR Doc. 95–6459 Filed 3–10–95; 4:47 pm]

BILLING CODE 3510–22–P

50 CFR Part 649

[Docket No. 950224059–5059–01; I.D.

011195C]

RIN 0648–AH36

American Lobster Fishery; Framework

Adjustment 2

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes measures

contained in Framework Adjustment 2

to the American Lobster Fishery

Management Plan (FMP). This

framework adjustment would change

the eligibility requirements for lobster

limited access permits to address

potentially unequal standards for lobster

fishers who reside in different states.

DATES: Comments on the proposed rule

must be received on or before March 30,

1995.

ADDRESSES: Comments on the proposed

rule, Framework Adjustment 2, or

supporting documents should be sent to

Jon Rittgers, Acting Regional Director,

National Marine Fisheries Service,

Northeast Regional Office, 1 Blackburn

Drive, Gloucester, MA 01930. Mark the

outside of the envelope ‘‘Comments on

Lobster Framework 2.’’

Copies of Amendment 5 to the FMP,

including the regulatory impact review

(RIR), initial regulatory flexibility

analysis (IRFA), and final supplemental

environmental impact statement (FSEIS)

are available from Douglas Marshall,

Executive Director, New England

Fishery Management Council, 5

Broadway, Saugus, MA 01906–1097.

FOR FURTHER INFORMATION CONTACT: Paul

H. Jones, Fishery Policy Analyst, 508–

281–9273.

SUPPLEMENTARY INFORMATION:

Background

Currently, eligibility for a Federal

lobster limited access permit can be

established with a vessel’s or a person’s

state permit history (59 FR 31938, June

21, 1994). Because the various states

have not had uniform permitting

systems, potentially unequal eligibility

criteria were inadvertently created for

lobster fishers who reside in different

states.

To qualify for a limited access

American lobster permit, which may be

issued only to a vessel, the vessel or

vessel owner must have been issued a

Federal American lobster permit, or a

federally endorsed state lobster permit,

and must have landed American lobster

prior to March 25, 1991. Because this

rule would change the qualification

criteria for obtaining a limited access

American lobster permit for 1995, it

would also change the dates by which

vessel owners are required to obtain

permits. In states with Federal

endorsement programs, such as Maine,

fishers who did not own a lobster vessel

could use their state permit to qualify

for a Federal limited access permit;

however, in other states lacking a

Federal lobster permit endorsement

program, such as Rhode Island, fishers

who did not own a lobster vessel and

thus had no state permit could not

qualify for a Federal limited access

permit. For example, a person serving as

a crew member in Maine could

potentially qualify for a Federal limited

access permit, whereas a person

employed in the same job on a lobster

boat licensed by Rhode Island could not

be eligible. Such a result could violate

the Magnuson Fishery Conservation and

Management Act, 16 U.S.C. § 1801 et

seq., which prohibits, among other

things, discrimination between

residents of different states.

This proposed action would eliminate

the potentially unequal eligibility

criteria for lobster fishers residing or

fishing in different states. In order to

obtain a Federal limited access lobster

permit, all permit applicants who base

their eligibility on a federally endorsed

state license would be required to

demonstrate that they owned a boat and

used it to land lobsters during the

qualification period. These applicants

would be required to show proof of

ownership of a fishing vessel and of

having landed lobsters from that vessel

prior to March 25, 1991.

Sections of the current regulations

dealing with transferability of permit

eligibility are written from the

perspective of Federal permits issued to

vessels. As a result, the regulations are

not directly applicable to the transfer of

eligibility based on federally endorsed

state lobster permits that are issued to

individuals. To be consistent with the

transferability of eligibility associated

with federally permitted vessels, this

rule proposes regulatory language at

§ 649.4(b)(1)(i)(B)(2) and (b)(3)(ii) to

clarify that eligibility based on a

federally endorsed state lobster permit

can be transferred with the sale of a

vessel after March 25, 1991, if the intent

to transfer such rights is verified by

credible written evidence.

This adjustment is proposed through

the framework process (§ 649.43) and is

within the scope of analyses contained

in Amendment 5 and the FSEIS.

Supplemental rationale and analyses of

expected biological effects, economic

impacts, impacts on employment, and

safety concerns are contained within the

supporting documents for Framework

Adjustment 2 (see ADDRESSES).

The New England Fishery

Management Council (Council) followed

the framework procedure codified in 50

CFR part 649, subpart C, when making

adjustments to the FMP, by developing

and analyzing the actions at two

Council meetings, on September 21–22

and October 28–29, 1994. However,

because this action was initiated at the

first of these meetings without adequate

notice to the public, the Council

recommended that NMFS publish the

measures contained in Framework

Adjustment 2 as a proposed rule to

ensure that the public is afforded

sufficient prior notice and an

opportunity for comment.

In accordance with the regulations,

public comments on the framework

adjustment were solicited by the

Council during its September 21–22 and

October 28–29, 1994, meetings. No

comments were received on the

proposed adjustment.

This rule also proposes several minor

modifications to §§ 649.4(p) and (q) to

ease the public’s administrative burden

and to conform the requirement to the

Council’s recommendation.

Classification

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

The Assistant General Counsel for

Legislation and Regulation, Department

of Commerce has certified to the Chief
14262 Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Proposed Rules

Counsel for Advocacy, Small Business

Administration, that this proposed rule,

if promulgated in final, would not affect

a substantial number of small entities.

The proposed rule will affect only those

fishers who base their application for a

Federal limited access lobster permit on

a federally endorsed state permit and

who purchased a boat since the March

25, 1991, control date. The analysis

concludes that no more than 13.6

percent of the total number of fishers

meet both criteria. It is not possible to

know how many, if any, of these fishers

will actually apply for a permit. As a

result, a Regulatory Flexibility Analysis

was not prepared.

List of Subjects in 50 CFR Part 649

Fisheries, Reporting and

recordkeeping requirements.

Dated: March 10, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 649 is proposed

to be amended as follows:

PART 649—AMERICAN LOBSTER

FISHERY

1. The authority citation for part 649

continues to read as follows:

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

2. In § 649.4, the first sentence of

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

paragraph (b) introductory text, and

paragraphs (b)(1)(i), (b)(2)(i), (b)(3), (p),

and (q) are revised; and paragraph

(b)(2)(iii) is added to read as follows:

§ 649.4 Vessel permits.

(a) * * *

(1) Through April 30, 1995, any vessel

of the United States fishing for

American lobster in the EEZ must have

been issued and carry onboard a valid

permit required by or issued under this

part. * * *

(b) * * * From May 1, 1995, through

December 31, 1999, any vessel of the

United States that fishes for, possesses,

or lands American lobster in or

harvested from the EEZ must have been

issued and carry onboard a valid

Federal limited access American lobster

permit. * * *

(1) * * *

(i) To be eligible for a limited access

permit for 1995, a vessel or the permit

applicant must meet one of the

following criteria:

(A) The vessel was issued a Federal

American lobster permit and landed

American lobster while in possession of

the lobster permit prior to March 25,

1991; or

(B) Either: (1) The permit applicant

was issued a federally endorsed state

American lobster permit, and landed

American lobster prior to March 25,

1991, and owned a vessel that landed

American lobster while in possession of

the lobster permit prior to March 25,

1991; or

(2) The vessel was owned by a person

who landed lobster prior to March 25,

1991, while in possession of a valid

federally endorsed state American

lobster permit, and the vessel was

transferred to the current vessel owner

in accordance with the exception to the

presumption specified in paragraph

(b)(3)(ii) of this section; or

(C) The permit applicant owned a

vessel that was under written agreement

for construction or for re-rigging for

directed American lobster fishing as of

March 25, 1991, and the vessel was

issued a Federal American lobster

permit, or the vessel applicant was

issued a federally endorsed state

American lobster permit, prior to March

25, 1992, and the vessel landed lobster

while in possession of that permit; or

(D) The vessel is replacing a vessel

that meets any of the criteria set forth in

paragraphs (b)(1)(i)(A), (B), (C), or (D) of

this section.

* * * * *

(2) * * *

(i) To be eligible to renew or apply for

a limited access lobster permit after

1995, a vessel or permit applicant must

have been issued either a limited access

lobster permit or a confirmation of

permit history for the preceding year, or

a vessel must be assuming a valid

limited access American lobster permit

or permit history confirmation from the

preceding year. If more than one

applicant claims eligibility to apply for

a limited access American lobster

permit based on one fishing and permit

history, the Regional Director shall

determine who is entitled to qualify for

the limited access permit or permit

history confirmation.

* * * * *

(iii) A limited access American lobster

permit for 1996 will not be issued

unless an application for such permit is

received by the Regional Director on or

before December 31, 1996.

(3) Change in ownership. (i) The

fishing and permit history of a vessel

that qualifies under paragraphs

(b)(1)(i)(A) and (C) of this section is

presumed to transfer with the vessel

whenever it is bought, sold or otherwise

transferred, unless there is a written

agreement, signed by the transferor/

seller and transferee/buyer, or other

credible written evidence, verifying that

the transferor/seller is retaining the

vessel fishing and permit history for

purposes of replacing the vessel.

(ii) The fishing and permit history of

a vessel owner and a vessel that

qualifies under paragraphs (b)(1)(i)(B)

and (C) of this section is presumed to

remain with such owner for any

transfers of the vessel before and

including March 25, 1991; and for any

transfers of ownership of the vessel after

March 25, 1991, the fishing and permit

history necessary to qualify for a limited

access lobster permit under paragraphs

(b)(1)(i)(B) and (C) of this section is

presumed to remain with the last owner

of the vessel as of or prior to March 25,

1991, unless there is a written

agreement, signed by the transferor/

seller and transferee/buyer, or other

credible written evidence, verifying that

the transferor/seller is transferring the

fishing and permit history of a vessel

necessary to qualify for a limited access

lobster permit under paragraph

(b)(1)(i)(B) of this section to the

transferee/buyer.

* * * * *

(p) Limited access American lobster

permit renewal. To apply for a limited

access American lobster permit in 1995,

a completed application must be

received by the Regional Director by

December 31, 1995. Failure to renew a

limited access American lobster permit

or confirmation of permit history in any

year bars the renewal of such in

subsequent years.

(q) Abandonment or voluntary

relinquishment of limited access

American lobster permits. If a vessel’s

limited access American lobster permit

or confirmation of permit history is

voluntarily relinquished to the Regional

Director, or abandoned through failure

to renew or otherwise, no limited access

American lobster permit or confirmation

of permit history may be re-issued or

renewed based on that vessel’s history,

or to any vessel relying on that vessel’s

history.

[FR Doc. 95–6451 Filed 3–15–95; 8:45 am]

BILLING CODE 3510–22–F