[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Proposed Rules]
[Pages 30034-30040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14880]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 071025620-9075-01]
RIN 0648-AW19


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery off the Southern Atlantic States; Amendment 7

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this proposed rule to implement Amendment 7 to the 
Fishery Management Plan for the Shrimp Fishery of the South Atlantic 
Region (FMP), as prepared and submitted by the South Atlantic Fishery 
Management Council (Council). For South Atlantic rock shrimp, this 
proposed rule would rename the rock shrimp permit and endorsement; 
require all South Atlantic shrimp permit holders to provide economic 
data if selected; reinstate all limited access rock shrimp endorsements 
for those vessel owners who renewed their open access permit in the 
year in which they failed to renew their limited access endorsement; 
remove the 15,000-lb (6,804-kg) rock shrimp landing requirement; and 
reinstate all limited

[[Page 30035]]

access rock shrimp endorsements lost due to not meeting the landing 
requirement.

DATES: Written comments on this proposed rule must be received no later 
than 5 p.m., Eastern time, on July 24, 2009.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``0648-AW19'', by any one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
    <bullet> Fax: 727-824-5308, Attn: Kate Michie.
    <bullet> Mail: Kate Michie, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, enter ``NOAA-NMFS-2008-0319'' in the keyword 
search, then check the box labeled ``Select to find documents accepting 
comments or submissions'', then select ``Send a Comment or 
Submission.'' NMFS will accept anonymous comments (enter N/A in the 
required fields, if you wish to remain anonymous). Attachments to 
electronic comments will be accepted in Microsoft Word, Excel, 
WordPerfect, or Adobe PDF file formats only.
    Copies of Amendment 7 may be obtained from the South Atlantic 
Fishery Management Council, 4055 Faber Place, Suite 201, North 
Charleston, SC 29405; phone: 843-571-4366 or 866-SAFMC-10 (toll free); 
fax: 843-769-4520; e-mail: <a href="/cdn-cgi/l/email-protection#275446414a44675446414a4409494253"><span class="__cf_email__" data-cfemail="b5c6d4d3d8d6f5c6d4d3d8d69bdbd0c1">[email protected]</span></a>. Amendment 7 includes an 
Environmental Assessment, an Initial Regulatory Flexibility Analysis 
(IRFA), a Regulatory Impact Review, and a Social Impact Assessment/
Fishery Impact Statement.
    Comments regarding the burden-hour estimates or other aspects of 
the collection-of-information requirements contained in this proposed 
rule may be submitted in writing to Jason Rueter, Southeast Regional 
Office, NMFS, and to David Rostker, OMB, by e-mail at <a href="/cdn-cgi/l/email-protection#a3e7c2d5cac7fcf1ccd0d7c8c6d1e3cccec18dc6ccd38dc4ccd5"><span class="__cf_email__" data-cfemail="9edaffe8f7fac1ccf1edeaf5fbecdef1f3fcb0fbf1eeb0f9f1e8">[email protected]</span></a>, or by fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Kate Michie, telephone: 727-824-5305, 
fax: 727-824-5308.

SUPPLEMENTARY INFORMATION: The shrimp fishery off the southern Atlantic 
states is managed under the FMP. The FMP was prepared by the Council 
and is implemented under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) by regulations 
at 50 CFR part 622.
    According to the Deepwater Shrimp Advisory Panel (AP), the rock 
shrimp fishery has changed substantially since the limited access 
endorsements were first required. The fleet dynamics have changed due 
to economic factors including fluctuating fuel prices and operating 
expenses, and imported shrimp products. To address issues raised by the 
AP, the Council developed Amendment 7 to the FMP.

Rename Permits and Endorsements

    Currently, a ``commercial vessel permit for rock shrimp'' is 
required to fish in the exclusive economic zone (EEZ) off North 
Carolina and off South Carolina. A vessel with that permit and a 
``limited access endorsement for South Atlantic rock shrimp'' may fish 
in the EEZ off those states and off Georgia and Florida. This 
terminology has been confusing and may have led to some limited access 
endorsements being terminated because they were not renewed in a timely 
manner. This rule would rename the current limited access endorsement 
as ``Rock Shrimp Permit (South Atlantic EEZ)'', which would allow 
fishing throughout the South Atlantic EEZ and would be available only 
to those vessels initially issued endorsements for the fishery, or 
their successor. The rule would also rename the current rock shrimp 
permit as ``Rock Shrimp Permit (Carolinas Zone)'', which would allow 
fishing for rock shrimp in the EEZ off North Carolina and South 
Carolina.
    During an implementation period of from 2 to 3 months, the Regional 
Administrator, Southeast Region, NMFS, (RA) would replace a currently 
valid permit or endorsement with the appropriate new permit without the 
necessity of an application from a vessel owner. However, a renewal 
application would be required for a permit or endorsement that expired 
during the implementation period. Such renewal would be for the 
appropriate new permit. No transfers of existing endorsements would be 
allowed after the date that is 30 days after the effective date of the 
final rule implementing Amendment 7. After the implementation period, 
the old permits and endorsements would not be valid, and transfers of 
the new permit would be allowed according to the regulations.

Economic Data Collection

    A need exists to acquire economic data from shrimp permit holders 
off the southern Atlantic states. Such data would allow NMFS to conduct 
the analyses required by the Magnuson-Stevens Act and other applicable 
law and assist the Council to fully understand how proposed management 
measures would impact shrimp fishermen and dealers. Accordingly, this 
rule would require owners or operators of vessels participating in the 
South Atlantic rock shrimp and penaeid shrimp fisheries, who are 
selected by NMFS, to provide basic economic data via an annual survey 
form. This information would include, but not be limited to, such 
information as vessel identification, gear, effort, amount of shrimp 
caught by species, shrimp condition (heads on or off), fishing areas, 
person to whom shrimp were sold, and variable and fixed costs.

Renewal in a Timely Manner

    Current regulations specify that the RA will not reissue a limited 
access endorsement for South Atlantic rock shrimp if the RA does not 
receive a complete application for renewal within 1 year after the 
endorsement's expiration date. Indications are that a number of 
individuals did not renew their endorsements when they renewed their 
rock shrimp permits because they did not understand that both the 
endorsement and the permit had to be renewed. This proposed rule would 
reinstate all limited access endorsements, as a Rock Shrimp Permit 
(South Atlantic EEZ), for those vessel owners who renewed their open 
access permit in the year in which they failed to renew their limited 
access endorsement. The rule would also require vessel owners eligible 
to have their limited access endorsements reinstated to apply for a 
Rock Shrimp Permit (South Atlantic EEZ) within one year after the 
effective date of the final rule for this amendment.

Eliminating the Rock Shrimp Landing Requirement

    Currently, a limited access endorsement for South Atlantic rock 
shrimp that is inactive for a period of four consecutive calendar years 
will not be renewed. ``Inactive'' means that the vessel with the 
endorsement has not landed at least 15,000 lb (6,804 kg) of rock shrimp 
from the South Atlantic EEZ in a calendar year. The Council is 
concerned that maintaining the current

[[Page 30036]]

landing requirement will result in a permanent, significant, and 
unnecessary reduction in the South Atlantic rock shrimp fleet size. 
Reduction of effort is not biologically required as current catches are 
far below the maximum fishing mortality threshold. Accordingly, this 
rule would remove the 15,000-lb (6,804-kg) landing requirement.

Reinstatement of Lost Endorsements

    All endorsements lost due to not meeting the 15,000-lb landing 
requirement would be reinstated. The amendment states the vessels of 
particular concern are those that initially obtained their limited 
access rock shrimp endorsements in 2003 as they would have needed to 
land at least 15,000 lbs of rock shrimp in at least one calender year 
between 2004 and 2007.

Availability of Amendment 7

    Additional background and rationale for the measures discussed 
above are contained in Amendment 7 and its supporting EA. The 
availability of Amendment 7 was announced in the Federal Register on 
June 1, 2009 (74 FR 26170). Written comments on Amendment 7 must be 
received by July 31, 2009. All comments received on Amendment 7 or on 
this proposed rule during their respective comment periods will be 
addressed in the preamble of the final rule.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
AA has determined that this proposed rule is consistent with Amendment 
7, other provisions of the Magnuson-Stevens Act, and other applicable 
law, subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an IRFA, as required by section 603 of the Regulatory 
Flexibility Act, for this proposed rule. The IRFA describes the 
economic impact this proposed rule, if adopted, would have on small 
entities. A description of the action, why it is being considered, and 
the objectives of, and legal basis for this action are contained at the 
beginning of this section in the preamble and in the SUMMARY section of 
the preamble. A copy of the full analysis is available from the Council 
(see ADDRESSES). A summary of the IRFA follows.
    The Magnuson-Stevens Act provides the statutory basis for the 
proposed rule. The proposed rule would rename the rock shrimp permit 
and endorsement, require all South Atlantic shrimp permit holders to 
provide economic data if selected, reinstate all limited access rock 
shrimp endorsements for those vessel owners who renewed their open 
access permit in the year in which they failed to renew their limited 
access endorsement, remove the 15,000-lb (6,804-kg) rock shrimp landing 
requirement, and reinstate all limited access rock shrimp endorsements 
lost due to not meeting the landing requirement. The purposes of this 
proposed rule are to ensure that sufficient effort remains active to 
sustain the fishery and its infrastructure and the Council has 
necessary economic data to satisfy requirements under the Magnuson-
Stevens Act and other statutes.
    No duplicative, overlapping or conflicting Federal rules have been 
identified.
    Within the South Atlantic shrimp fisheries, vessels may possess one 
or more of the following Federal permits: a penaeid shrimp permit, an 
open access rock shrimp permit, and a limited access rock shrimp 
endorsement. At present, 266 open access rock shrimp permits, 620 
penaeid shrimp permits, and 155 limited access rock shrimp endorsements 
have been issued. Of the 155 limited access rock shrimp endorsements, 
125 are currently active or renewable and 30 have been terminated. The 
total number of vessels that possess one or more of these permits or 
endorsements is 694 and thus this is the maximum number of vessels that 
could be directly impacted by the actions considered in this proposed 
rule. Of these 694 vessels, 293 vessels also possess Gulf shrimp 
moratorium permits and therefore only 401 vessels are unique to the 
South Atlantic shrimp fisheries.
    The fleet of vessels with limited access rock shrimp endorsements 
is fairly homogeneous with respect to its physical characteristics. The 
average or typical vessel in this fleet is approximately 20 years old, 
nearly 73 ft (22.3 m) in length, gross tonnage of 132 tons, with a fuel 
capacity of approximately 16,000 gallons (60,567 liters), and a hold 
capacity of more than 63,000 lb (28,576 kg) of shrimp. The average 
vessel typically uses four nets averaging between 55 and 60 ft (17.2-
18.3 m) in length and uses between three and four crew on each trip. 
More than 90 percent of these vessels are large (60 ft (18.3 m) in 
length or greater) while less than 9 percent are small (less than 60 ft 
(18.3 m) in length). More than 87 percent of these vessels have on-
board freezing capacity. More than two-thirds of these vessels have 
steel hulls, while the other vessels are nearly equally split between 
fiberglass and wood hulls.
    Of the 155 vessels with limited access rock shrimp endorsements, 
145 were commercially fishing at some point between 2003 and 2007 and 
thus 10 vessels with endorsements were not commercially active during 
these years. All of the commercially inactive vessels are in fact state 
registered boats that are older, smaller, and less powerful than the 
average vessel in the fleet. Between 2003 and 2007, commercially active 
vessels with endorsements averaged nearly $284,000 in total revenue per 
year.
    These vessels' dependence on landings from the South Atlantic rock 
shrimp fishery was relatively low as, on average, they only accounted 
for seven percent of total revenue during this time. These vessels were 
most dependent on revenue from the Gulf shrimp fishery, which, on 
average, accounted for nearly 46 percent of their total revenue. 
Revenue from South Atlantic penaeid shrimp landings and Northeast non-
shrimp landings were also important, with each representing 
approximately 22 percent of their total revenue on average. The vast 
majority of the Northeast non-shrimp revenue came from Atlantic sea 
scallop landings. Thus, although South Atlantic rock shrimp landings 
were not unimportant to these vessels' operations, they were 
considerably more dependent on other fisheries.
    The fleet of 694 vessels that possess one or more South Atlantic 
shrimp permits or endorsements is very heterogeneous with respect to 
its physical characteristics. For example, approximately 65 percent of 
the vessels are large while 35 percent are small. Less than 40 percent 
have on-board freezing capacity while nearly 60 percent rely on ice for 
storage purposes. With respect to their hulls, the fleet is 
approximately evenly split between steel, wood, and fiberglass. On 
average, this group of vessels is somewhat smaller, older, less 
technologically advanced and uses less crew and gear relative to 
vessels that only possess limited access rock shrimp endorsements. 
Related, between 2003 and 2007, the average total revenue per vessel 
was $185,000, or 35 percent less than vessels that only possess a 
limited access rock shrimp endorsement. Further, revenue from the Gulf 
shrimp, Northeast non-shrimp, and South Atlantic penaeid shrimp 
fisheries have accounted for 36 percent, 31 percent and 24 percent of 
total revenues on average during this time. During this time period, 
the maximum total revenue

[[Page 30037]]

for a single vessel was approximately $3.7 million.
    With respect to the 401 vessels that possess one or more South 
Atlantic shrimp permits or endorsements and do not possess a Gulf 
shrimp moratorium permit, they are also fairly heterogeneous with 
respect to their physical characteristics. However, on average, they 
are smaller, older, less technologically advanced and use less crew and 
gear than the fleet as a whole, and even more so compared to the 
vessels that only possess a limited access rock shrimp endorsement. For 
example, nearly 56 percent of these vessels are small, only 10 percent 
have on-board freezing capacity, and less than 18 percent have steel 
hulls. Related, between 2003 and 2007, the average total revenue per 
vessel was only about $135,000, or 27 percent less than the fleet as a 
whole and 53 percent less than vessels that only possess a limited 
access rock shrimp endorsement. Since these vessels do not possess a 
Gulf shrimp moratorium permit and thus cannot participate in the 
Federal Gulf shrimp fishery, approximately 40 percent of their total 
revenue comes from both the South Atlantic shrimp and Northeast non-
shrimp fisheries respectively, with 15 percent coming from South 
Atlantic non-shrimp fisheries.
    The Small Business Administration defines a small business in the 
commercial fishing industry as an entity that is independently owned 
and operated, is not dominant in its field of operation (including its 
affiliates), and has combined annual receipts not in excess of $4.0 
million annually (NAICS codes 114111 and 114112, finfish and shellfish 
fishing). Based on the annual revenues for the fishery provided above, 
all shrimp vessels expected to be directly impacted by this proposed 
rule are determined, for the purpose of this analysis, to be small 
entities.
    The action to remove the 15,000-lb (6,804-kg) landing requirement 
will directly affect 27 vessels with active or renewable endorsements, 
the action to reinstate limited access rock shrimp endorsements lost 
due to not meeting the landing requirement will directly affect 43 
vessels with active or renewable endorsements, the action to reinstate 
limited access rock shrimp endorsements for those vessel owners who 
renewed their open access permit in the year in which they failed to 
renew their limited access endorsement will directly affect 5 vessels 
with terminated endorsements, and the action to rename the rock shrimp 
permit and endorsement will directly affect all 125 vessels with active 
or renewable endorsements and 5 vessels with terminated endorsements. 
In general, the action to require all South Atlantic shrimp permit 
holders to provide economic data if selected would apply to all 694 
vessels with a South Atlantic penaeid or rock shrimp permit or 
endorsement. However, since 293 of these vessels possess a Gulf shrimp 
moratorium permit and therefore must already comply with economic data 
reporting requirements in that fishery, only 401 vessels will be 
directly affected by this action. Thus, NMFS determines that this 
proposed rule will affect a substantial number of small entities.
    The action to remove the 15,000-lb (6,804-kg) landing requirement 
is expected to directly benefit at least 27 vessels by allowing them to 
retain their limited access rock shrimp endorsements. Under current 
regulations, these vessels would be expected to lose their 
endorsements. By retaining their endorsements, these vessels are able 
to retain the market value of their endorsements, which is estimated to 
be $5,000. Further, they will retain their ability to participate in 
the fishery, which in the short term is expected to increase these 
vessels' average total revenue by only $600 per vessel but could be 
greater in the long term if they increase their level of participation 
in the fishery.
    The action to reinstate limited access rock shrimp endorsements 
lost due to not meeting the landing requirement is expected to directly 
benefit 43 vessels by allowing them to retain their limited access rock 
shrimp endorsements. Under current regulations, these vessels would 
lose their endorsements. By retaining their endorsements, these vessels 
are able to retain the market value of their endorsements, which is 
estimated to be $5,000. Further, they will retain their ability to 
participate in the fishery, which in the short term is expected to 
increase these vessels' average total revenue by $4,600 per vessel but 
could be greater in the long term if they increase their level of 
participation in the fishery.
    The action to reinstate limited access rock shrimp endorsements for 
those vessel owners who renewed their open access permit in the year in 
which they failed to renew their limited access endorsement is expected 
to directly benefit five vessels by reinstating their endorsements. At 
present, these vessels' endorsements have been terminated and thus 
cannot be used to participate in the fishery and in turn have no market 
value. Reinstatement of these endorsements will allow these vessels to 
regain the market value of their endorsements, which is estimated to be 
$5,000. Further, they will regain their ability to participate in the 
fishery, which in the short term is expected to increase these vessels' 
average total revenue by $6,000 per vessel but could be greater in the 
long term if they increase their level of participation in the fishery.
    The action to rename the rock shrimp permit and endorsement is 
expected to directly benefit 130 vessels by reducing the number of 
permits these vessels must possess and pay for in order to participate 
in the limited access rock shrimp fishery. The annual benefit is only 
$10 per vessel and is therefore minimal.
    The action to require all South Atlantic shrimp permit holders to 
provide economic data if selected is expected to adversely affect 401 
vessels by requiring a sample to provide economic data on an annual 
basis. However, this reporting requirement would only impose an annual 
opportunity cost of approximately $15 per vessel. Therefore, this 
action is not expected to increase these vessels' operating costs and, 
thus, would not be expected to decrease their profits.
    Three alternatives, including the status quo, were considered for 
the action to remove the 15,000-lb (6,804-kg) rock shrimp landing 
requirement. The first alternative, the status quo, would retain the 
landing requirement. In the long term, retention of the landing 
requirement would be expected to significantly and permanently reduce 
the maximum fleet size in the rock shrimp fishery. Specifically, the 
maximum fleet size under this alternative would only be approximately 
37 percent of the Council's desired fleet size and 44 percent of its 
current fleet size. Such a result would be inconsistent with the 
Council's objective of retaining sufficient productive capacity in the 
fishery in order to support the onshore infrastructure. The second 
alternative to the proposed removal of the landing requirement would 
have reduced the landing requirement from 15,000 lb (6,804 kg) in at 
least one out of every four calendar years to 7,500 lb (3,402 kg) in at 
least one out of every four calendar years. Although this represents a 
50-percent reduction in the landings requirement, few additional 
vessels would be able to meet this requirement relative to the 15,000-
lb (6,804-kg) requirement. Therefore, similar to the status quo, this 
alternative would result in a significant and permanent reduction in 
the rock shrimp fishery's long-term maximum fleet size. Specifically, 
the maximum fleet size under this alternative would only be

[[Page 30038]]

approximately 39 percent of the Council's desired fleet size and 47 
percent of its current fleet size. Such a result would be inconsistent 
with the Council's objective of retaining sufficient productive 
capacity in the fishery in order to support the onshore infrastructure.
    Three alternatives, including the status quo, were considered for 
the action to reinstate endorsements lost due to not meeting the 
15,000-lb (6,804-kg) rock shrimp landing requirement at the end of the 
2007 calendar year. The first alternative, the status quo, would not 
reinstate endorsements lost due to not meeting the 15,000-lb (6,804-kg) 
rock shrimp landing requirement at the end of the 2007 calendar year. 
Of the 125 vessels currently possessing active or renewable 
endorsements, 83 vessels were required to meet the landing requirement 
by the end of the 2007 calendar year. However, 43 vessels did not meet 
the landing requirement and thus their endorsements are not eligible 
for renewal. Upon these endorsements' termination, the maximum fleet 
size would be permanently reduced from 125 vessels to 82 vessels. Such 
a significant and permanent reduction in the maximum fleet size would 
be inconsistent with the Council's objective of retaining sufficient 
productive capacity in the fishery in order to support the onshore 
infrastructure. The second alternative considered for this action would 
reinstate endorsements to vessels landing at least 7,500 lb (3,402 kg) 
of rock shrimp in one of four consecutive calendar years. This 
alternative would only allow three more vessels with active or 
renewable endorsements to remain in the fishery relative to the no-
action alternative. Hence, this alternative did not adequately address 
the Council's objective.
    Three alternatives, including the status quo, were considered for 
the action to reinstate endorsements lost through failure to renew for 
vessels that renewed their open access permits. The first alternative, 
the status quo, would not reinstate endorsements that were lost through 
failure to renew for vessels that renewed their open access permits. At 
present, an open access permit is needed to harvest rock shrimp in the 
EEZ off of North and South Carolina while both the open access permit 
and the limited access endorsement are needed to harvest rock shrimp in 
the EEZ off of Georgia and east Florida. Five vessels that previously 
possessed endorsements renewed their open access permits but failed to 
simultaneously renew their endorsements. By renewing their open access 
permits, these vessels indicated that they intended to continue 
participating in the fishery in the future. Their failure to renew 
their endorsements at the same time may have been the result of 
confusion over the application and renewal process associated with the 
open access permit and the limited access endorsement. The Council does 
not consider the permanent loss of these endorsements to be an 
equitable outcome. Further, the unintended loss of these endorsements 
from the fishery is inconsistent with the Council's objective of 
retaining sufficient productive capacity in order to support the 
onshore infrastructure. The second alternative would extend the time 
allowed to renew endorsements by one calendar year after the effective 
date of this action. The outcome of this alternative is uncertain as it 
is dependent on whether the five affected vessel owners take the proper 
actions, including independently determining their permit status and 
requesting and submitting the required forms, within the specified time 
period. Any vessel owners that did not would not have their vessels' 
endorsements reinstated, which in turn would result in an unintended 
and undesired reduction in the maximum fleet size and thus this 
alternative is also potentially inconsistent with the Council's 
objective of retaining sufficient productive capacity in order to 
support the onshore infrastructure.
    Two alternatives, including the status quo, were considered for the 
action to rename the rock shrimp permit and endorsement. At present, an 
open access permit is needed to harvest rock shrimp in the EEZ off of 
North and South Carolina while both the open access permit and the 
limited access endorsement are needed to harvest rock shrimp in the EEZ 
off of Georgia and east Florida. Five vessels have already lost their 
endorsements possibly due to confusion associated with the current 
naming practice and more could be lost in the future. This unintended 
loss of additional endorsements from the fishery in the future possibly 
due to vessel owners' confusion with the current naming practice is 
inconsistent with the Council's objective of retaining sufficient 
productive capacity in order to support the onshore infrastructure.
    Two alternatives, including the status quo, were considered for the 
action to specify VMS requirements for owners of vessels with limited 
access rock shrimp endorsements. The alternative to require VMS 
verification for all vessels with limited access endorsements, which 
would include those not operating in South Atlantic waters, could cause 
some vessel owners to relinquish their limited access endorsements, 
particularly those whose vessels are very small by industry standards 
and thus technologically incapable of supporting a VMS. Twenty-one 
vessels would be impacted by this alternative possibly resulting in 
additional reductions in the number of limited access endorsements. 
This is inconsistent with the Council's objective of retaining 
sufficient productive capacity in the fishery in order to support the 
onshore infrastructure.
    Three alternatives, including the status quo, were considered for 
the action to require all South Atlantic shrimp permit holders to 
provide economic data if selected. The first alternative, the status 
quo, would not require South Atlantic shrimp permit holders to provide 
economic data. At present, economic data are lacking for the South 
Atlantic shrimp fisheries. The lack of such data makes it difficult for 
the Council to conduct regulatory impacts analyses that meet the 
requirements of the Magnuson-Stevens Act, National Environmental 
Protection Act, the Regulatory Flexibility Act, E.O. 12866, and other 
Federal statutes. Further, the reauthorized version of the Magnuson-
Stevens Act explicitly states that all fishery management plans must 
indicate all economic information necessary to meet the requirements of 
the Act. Thus, these data are needed in order for the Council to comply 
with these various mandates. Furthermore, the lack of such data can 
lead to potentially misleading information and guidance. Such 
misinformation can adversely affect decisions made by the Council and 
NMFS and thereby lead to unforeseen and unintended adverse economic and 
social consequences on fishery participants. The second alternative 
would require all shrimp permit holders to provide economic data each 
year. In effect, this alternative would require a census rather than a 
sample of permit holders to provide the necessary economic data. A 
census of permit holders is not required to provide statistically 
accurate and reliable estimates of important economic variables for the 
fishery and thus would constitute an unnecessarily onerous time burden 
on fishery participants.
    Copies of the RIR and IRFA are available from NMFS (see ADDRESSES).
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the Paperwork

[[Page 30039]]

Reduction Act (PRA) unless that collection of information displays a 
currently valid Office of Management and Budget (OMB) control number.
    This proposed rule contains a collection-of-information requirement 
subject to the PRA applicable to vessels in the South Atlantic shrimp 
fishery. The proposed rule would require owners or operators of South 
Atlantic shrimp vessels, who are selected by NMFS, to complete and 
submit an annual survey form that provides basic economic data 
including, but not limited to vessel and gear information, effort, 
amount of shrimp caught by species, areas fished, variable and fixed 
costs, and person to whom shrimp are sold. This requirement has been 
submitted to OMB for approval. The public reporting burdens for this 
collection of information is estimated to average 45 minutes per 
response. This estimate of the public reporting burden includes the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collections of information.
    Public comment is sought regarding: whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information will 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments 
regarding the burden estimate or any other aspect of the collection-of-
information requirement, including suggestions for reducing the burden, 
to NMFS and to OMB (see ADDRESSES).

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: June 18, 2009.
Samuel D. Rauch III,
Deputy Assistant Adminstrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

    1. The authority citation for part 622 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  622.4, in the first sentence of paragraph (g)(1), the 
words ``commercial vessel permit for South Atlantic rock shrimp'' are 
removed and the words ``Commercial Vessel Permit for Rock Shrimp (South 
Atlantic EEZ)'' are added in their place, and paragraph (a)(2)(viii) is 
revised to read as follows:


Sec.  622.4  Permits and fees.

    (a) * * *
    (2) * * *
    (viii) South Atlantic rock shrimp. (A) Until the 27th day of the 
second month after the effective date of the final rule implementing 
Amendment 7 to the Fishery Management Plan for the Shrimp Fishery of 
the South Atlantic Region (Amendment 7), the permit requirements 
specified in paragraphs (a)(2)(viii)(A)(1) and (2) of this section 
apply.
    (1) For a person aboard a vessel to fish for rock shrimp in the 
South Atlantic EEZ or possess rock shrimp in or from the South Atlantic 
EEZ, a commercial vessel permit for rock shrimp must be issued to the 
vessel and must be on board. (See paragraph (a)(5) of this section for 
the requirements for operator permits for the South Atlantic rock 
shrimp fishery.)
    (2) In addition, for a person aboard a vessel to fish for rock 
shrimp in the South Atlantic EEZ off Georgia or off Florida or possess 
rock shrimp in or from the South Atlantic EEZ off Georgia or off 
Florida, a limited access endorsement for South Atlantic rock shrimp 
must be issued to the vessel and must be on board. See Sec.  622.19 for 
limitations on the issuance, transfer, renewal, and reissuance of a 
limited access endorsement for South Atlantic rock shrimp.
    (B) During the second month following the effective date of the 
final rule to implement Amendment 7, and prior to the 26th day of the 
second month after that effective date, a currently valid (not expired) 
commercial vessel permit for rock shrimp with an expiration date 
greater than the 27th day of the second month after that effective date 
that does not have a limited access endorsement for South Atlantic rock 
shrimp will be replaced by the RA with a Commercial Vessel Permit for 
Rock Shrimp (Carolinas Zone), and a currently valid (not expired) 
commercial vessel permit for rock shrimp with an expiration date 
greater than the 27th day of the second month after that effective date 
that has a limited access endorsement for South Atlantic rock shrimp 
will be replaced by the RA with a Commercial Vessel Permit for Rock 
Shrimp (South Atlantic EEZ). However, a person with an expired limited 
access endorsement for South Atlantic rock shrimp who desires a 
Commercial Vessel Permit for Rock Shrimp (South Atlantic EEZ) must 
apply for such a permit before the date 1 year after the expiration 
date of the expired limited access endorsement for South Atlantic rock 
shrimp.
    (C) On and after the 27th day of the second month after the 
effective date of the final rule implementing Amendment 7, the permit 
requirements specified in paragraphs (a)(2)(viii)(C)(1) and (2) of this 
section apply.
    (1) For a person aboard a vessel to fish for rock shrimp in the 
South Atlantic EEZ off North Carolina or off South Carolina or possess 
rock shrimp in or from the South Atlantic EEZ off those states, a 
Commercial Vessel Permit for Rock Shrimp (Carolinas Zone) or a 
Commercial Vessel Permit for Rock Shrimp (South Atlantic EEZ) must be 
issued to the vessel and must be on board.
    (2) For a person aboard a vessel to fish for rock shrimp in the 
South Atlantic EEZ off Georgia or off Florida or possess rock shrimp in 
or from the South Atlantic EEZ off those states, a Commercial Vessel 
Permit for Rock Shrimp (South Atlantic EEZ) must be issued to the 
vessel and must be on board. A Commercial Vessel Permit for Rock Shrimp 
(South Atlantic EEZ) is a limited access permit. See Sec.  622.19(b) 
for limitations on the issuance, transfer or renewal of a Commercial 
Vessel Permit for Rock Shrimp (South Atlantic EEZ).
    (D) The provisions of paragraph (f) of this section 
notwithstanding, neither a commercial vessel permit for rock shrimp nor 
a limited access endorsement for South Atlantic rock shrimp remains 
valid on or after the 27th day of the second month after the effective 
date of the final rule to implement this measure.
* * * * *
    3. In Sec.  622.5, paragraph (a)(1)(vii) is revised to read as 
follows:


Sec.  622.5  Recordkeeping and reporting.

* * * * *
    (a) * * *
    (1) * * *
    (vii) South Atlantic shrimp. The owner or operator of a vessel that 
fishes for shrimp in the South Atlantic EEZ or in adjoining state 
waters, or that lands shrimp in an adjoining state, must provide 
information for any fishing trip, as requested by the SRD, including, 
but not limited to, vessel identification, gear, effort, amount of 
shrimp caught by species, shrimp condition (heads on/

[[Page 30040]]

heads off), fishing areas and depths, and person to whom sold.
* * * * *
    4. In Sec.  622.9, the first sentence of paragraph (a)(1) is 
revised to read as follows:


Sec.  622.9  Vessel monitoring systems (VMSs).

    (a) Requirements for use of a VMS--(1) South Atlantic rock shrimp. 
An owner or operator of a vessel that has been issued a limited access 
endorsement for South Atlantic rock shrimp or a Commercial Vessel 
Permit for Rock Shrimp (South Atlantic EEZ) must ensure that such 
vessel has an operating VMS approved by NMFS for use in the South 
Atlantic rock shrimp fishery on board when on a trip in the South 
Atlantic. * * *
* * * * *
    5. Section 622.19 is revised to read as follows:


Sec.  622.19  South Atlantic rock shrimp limited access off Georgia and 
Florida.

    (a) Initial applicability--(1) The measures in paragraph (a) of 
this section are applicable on the effective date of the final rule to 
implement Amendment 7 through the 26th day of the second month after 
that effective date.
    (2) For a person aboard a vessel to fish for rock shrimp in the 
South Atlantic EEZ off Georgia or off Florida or possess rock shrimp in 
or from the South Atlantic EEZ off Georgia or off Florida, a limited 
access endorsement for South Atlantic rock shrimp must be issued to the 
vessel and must be on board.
    (3) A limited access endorsement for South Atlantic rock shrimp is 
valid only for the vessel and owner named on the permit/endorsement. To 
change either the vessel or the owner, a complete application for 
transfer must be submitted to the RA. An owner of a vessel with an 
endorsement may request that the RA transfer the endorsement to another 
vessel owned by the same entity, to the same vessel owned by another 
entity, or to another vessel with another owner. A transfer of an 
endorsement under this paragraph will include the transfer of the 
vessel's entire catch history of South Atlantic rock shrimp to a new 
owner; no partial transfers are allowed. No transfer of a limited 
access endorsement for South Atlantic rock shrimp will be allowed after 
the date 30 days after the effective date of the final rule 
implementing Amendment 7.
    (4) The RA will not reissue a limited access endorsement for South 
Atlantic rock shrimp if the endorsement is revoked or if the RA does 
not receive a complete application for renewal of the endorsement 
within 1 year after the endorsement's expiration date.
    (b) Subsequent applicability--(1) The measures in paragraph (b) of 
this section are applicable on and after the 27th day of the second 
month after the effective date of the final rule that implements 
Amendment 7.
    (2) For a person aboard a vessel to fish for rock shrimp in the 
South Atlantic EEZ off Georgia or off Florida or possess rock shrimp in 
or from the South Atlantic EEZ off those states, a Commercial Permit 
for Rock Shrimp (South Atlantic EEZ) must be issued to the vessel and 
must be on board.
    (3) Applications. No applications for additional Commercial Vessel 
Permits for Rock Shrimp (South Atlantic EEZ) will be accepted, except 
as follows:
    (i) Failure to renew. An owner of a vessel may apply for a 
Commercial Vessel Permit for Rock Shrimp (South Atlantic EEZ) and such 
permit will be issued provided the owner,
    (A) Had a limited access endorsement for South Atlantic rock 
shrimp;
    (B) Failed to request renewal of his or her endorsement within 1 
year after the endorsement's expiration date; and
    (C) Renewed his or her commercial vessel permit for rock shrimp 
within 1 year after its expiration date.
    (ii) Inactive endorsement. An owner of a vessel may apply for a 
Commercial Vessel Permit for Rock Shrimp (South Atlantic EEZ) and such 
permit will be issued provided the owner,
    (A) Has a commercial vessel permit for rock shrimp;
    (B) Had a limited access endorsement for South Atlantic rock shrimp 
and;
    (C) Was unable to renew the endorsement because the endorsement was 
``inactive'' for a period of 4 consecutive calendar years. ``Inactive'' 
means that the vessel with the endorsement did not land at least 15,000 
lb (6,804 kg) of rock shrimp from the South Atlantic EEZ in a calendar 
year.
    (iii) Application period. Applications under paragraph (b)(3) of 
this section will only be accepted from the 27th day of the second 
month after the effective date of the final rule that implements 
Amendment 7 through the date 1 year after that date.
    (iv) Continuity of ownership. An applicant who believes he or she 
meets the permit eligibility criteria based on ownership of a vessel 
under a different name, as may have occurred when ownership has changed 
from individual to corporate or vice versa, must document his or her 
continuity of ownership.
    (c) Transfer of an existing permit. A Commercial Vessel Permit for 
Rock Shrimp (South Atlantic EEZ) is valid only for the vessel and owner 
named on the permit. To change either the vessel or the owner, a 
complete application for transfer must be submitted to the RA. An owner 
of a vessel with a permit may request that the RA transfer a valid 
permit to another vessel owned by the same entity, to the same vessel 
owned by another entity, or to another vessel with another owner. A 
transfer of a permit under this paragraph will include the transfer of 
the vessel's entire catch history of South Atlantic rock shrimp to a 
new owner; no partial transfers are allowed.
    (d) Renewal. The RA will not reissue a Commercial Vessel Permit for 
Rock Shrimp (South Atlantic EEZ) if the permit is revoked or if the RA 
does not receive a complete application for renewal of the permit 
within 1 year after the expiration date of the permit.
    (e) Limitation on permits. A vessel for which a permit for South 
Atlantic rock shrimp is required may be issued either a Commercial 
Vessel Permit for Rock Shrimp (Carolinas Zone) or a Commercial Vessel 
Permit for Rock Shrimp (South Atlantic EEZ), depending on its 
eligibility. However, no such vessel may be issued both permits for the 
same period of effectiveness.
[FR Doc. E9-14880 Filed 6-23-09; 8:45 am]
BILLING CODE 3510-22-S


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>