[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Proposed Rules]
[Pages 14261-14262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6451]



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DEPARTMENT OF COMMERCE
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.

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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. Sec. 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 
Sec. 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 
(Sec. 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 
Secs. 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 
[[Page 14262]] 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 Sec. 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:



Sec. 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