Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Reopening of the Application Process for the Charter Vessel and Headboat Permit Moratorium in the Gulf of Mexico, 16754-16758 [05-6509]
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16754
Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Rules and Regulations
The IAD will indicate the deficiencies
in the application or any additional
provided information. An applicant
who receives an IAD may appeal RAM’s
findings pursuant to § 679.43 of this
title.
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
5. The authority citation for part 679
continues to read as follows:
I
4. In § 300.66, paragraphs (e) and (h)
Authority: 16 U.S.C. 773 et seq.; 1540(f);
are revised; paragraph (k) is redesignated 1801 et seq.; 1851 note; 3631 et seq.
as paragraph (l) and republished, and a
I 6. In § 679.4, paragraphs (a)(1)
new paragraph (k) is added to read as
introductory text and (a)(2) are revised
follows:
and paragraph (a)(1)(xi) is added to the
table to read as follows:
§ 300.66 Prohibitions.
*
*
*
*
*
§ 679.4 Permits.
(e) Fish for subsistence halibut in and
(a) * * *
off Alaska unless the person is qualified
to do so under § 300.65(f), possesses a
(1) What permits are available?
valid subsistence halibut registration
Various types of permits are issued for
certificate pursuant to § 300.65(h), and
programs codified at 50 CFR parts 300
makes this certificate available for
and 679. These permits are listed in the
inspection by an authorized officer on
following table. The date of
request, except that students enrolled in effectiveness for each permit is given
a valid educational program and fishing along with certain reference paragraphs
under an Educational Permit issued
for further information.
pursuant to § 300.65(j) do not need a
If program Permit is in ef- For more insubsistence halibut registration
permit or
fect from issue
certificate.
formation,
card type
date through
see...
*
*
*
*
*
is:
end of:
(h) Retain on board the harvesting
*****
vessel halibut harvested while
subsistence fishing with halibut
(xi) Special
harvested while commercial fishing or
Subsistfrom sport fishing, as defined at
ence Per§ 300.61(b), except that persons
mits
authorized to conduct subsistence
(A) Com1 year
§ 300.65 of
munity Harthis title
fishing under § 300.65(f), and who land
vest Permit
their total annual harvest of halibut:
(B) Cere30 days
§ 300.65 of
(1) In Commission regulatory Areas
monial or
this title
4D or 4E may retain, with harvests of
Educational
Community Development Quota (CDQ)
Permit
halibut, subsistence halibut harvested in
Commission regulatory areas 4D or 4E
(2) Permit and logbook required by
that are smaller than the size limit
participant and fishery. For the various
specified in the annual management
types of permits issued, refer to § 679.5
measures published pursuant to
for recordkeeping and reporting
§ 300.62; or
requirements. For subsistence permits,
(2) In Commission regulatory Areas
refer to § 300.65 of this title for
4C, 4D or 4E may retain, with harvests
recordkeeping and reporting
of CDQ halibut, subsistence halibut
requirements.
harvested in Commission regulatory
*
*
*
*
*
areas 4C, 4D or 4E that are equal to or
greater than the size limit specified in
I 7. In § 679.43, paragraph (a) is revised
the annual management measures
to read as follows:
published pursuant to § 300.62.
§ 679.43 Determinations and appeals.
*
*
*
*
*
(a) General. This section describes the
(k) Retain subsistence halibut
procedure for appealing initial
harvested under a CHP, Ceremonial
administrative determinations made in
Permit, or Educational Permit together
this title under parts 679, 680, and
in any combination or with halibut
under subpart E of part 300. This
harvested under any other license or
section does not apply to initial
permit.
administrative determinations made
(l) Fillet, mutilate, or otherwise
under § 679.30(d).
disfigure subsistence halibut in any
*
*
*
*
manner that prevents the determination *
of the number of fish caught, possessed, [FR Doc. 05–6507 Filed 3–31–05; 8:45 am]
BILLING CODE 3510–22–S
or landed.
I
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 050314073–5073–01; I.D.
030705B]
RIN 0648–AS99
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Coastal
Migratory Pelagic Resources of the
Gulf of Mexico and South Atlantic;
Reopening of the Application Process
for the Charter Vessel and Headboat
Permit Moratorium in the Gulf of
Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action.
AGENCY:
SUMMARY: NMFS issues this emergency
rule to provide a limited reopening of
the application process for the charter
vessel/headboat permit moratorium for
reef fish and coastal migratory pelagic
fish in the Gulf of Mexico. This
reopening allows qualifying persons,
who can provide documentation of
economic harm as a result of inability to
obtain a moratorium permit, to apply for
reconsideration of moratorium permit
eligibility. In addition, NMFS informs
the public of the approval by the Office
of Management and Budget (OMB)
under the Paperwork Reduction Act of
the collection-of-information
requirements contained in this
emergency rule and publishes the OMB
control numbers for those collections.
The intended effect of this emergency
rule is to eliminate adverse socioeconomic impacts on eligible Gulf
charter vessel/headboat owners and
operators while maintaining the
integrity of the permit moratorium and
its objectives.
DATES: This rule is effective April 1,
2005 through September 28, 2005.
ADDRESSES: Copies of the required
regulatory analysis supporting this
emergency rule may be obtained from
the Southeast Regional Office, NMFS,
9721 Executive Center Drive N., St.
Petersburg, FL 33702.
Comments regarding the collection-ofinformation requirements contained in
this emergency rule should be sent to
Robert Sadler, Southeast Regional
Office, NMFS, 9721 Executive Center
Drive N., St. Petersburg, FL 33702, and
by e-mail to
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DavidlRostker@omb.eop.gov, or by fax
to 202–395–7285.
Phil
Steele, 727–570–5305; fax: 727–824–
5308, e-mail: Phil.Steele@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
The
fishery for reef fish is managed under
the Fishery Management Plan for the
Reef Fish Resources of the Gulf of
Mexico (Reef Fish FMP) that was
prepared by the Gulf of Mexico Fishery
Management Council (Council). The
fisheries for coastal migratory pelagic
resources are managed under the
Fishery Management Plan for the
Coastal Migratory Pelagic Resources of
the Gulf of Mexico and South Atlantic
(Coastal Migratory Pelagics FMP) that
was prepared jointly by the Council and
the South Atlantic Fishery Management
Council. These FMPs were approved by
NMFS and implemented under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
SUPPLEMENTARY INFORMATION:
Background
The Council, in cooperation with the
Gulf charter vessel/headboat industry,
developed Amendment 14 to the
Fishery Management Plan for the
Coastal Migratory Pelagic Resources of
the Gulf of Mexico and South Atlantic
(Amendment 14) and Amendment 20 to
the Fishery Management Plan for the
Reef Fish Resources of the Gulf of
Mexico (Amendment 20) to address
issues of increased fishing mortality and
fishing effort in the for-hire (charter
vessel/headboat) sector of the
recreational fishery in the Gulf of
Mexico. These two amendments
proposed to establish a 3-year
moratorium on the issuance of charter
vessel or headboat permits for the reef
fish fishery and coastal migratory
pelagics fishery in the exclusive
economic zone (EEZ) of the Gulf of
Mexico. The intended effect of these
amendments was to cap the number of
for-hire vessels operating in these
fisheries while the Council evaluates the
need for additional measures that may
be necessary to rebuild these fishery
resources and achieve optimum yield.
The objective of capping the number of
for-hire vessels was to be achieved via
restrictive permit eligibility criteria
based on permit history, participation as
a historical captain, or vessel under
construction parameters. NMFS
approved Amendments 14 and 20 and
promulgated the charter vessel/headboat
permit moratorium regulations (67 FR
43558, June 28, 2002) to implement the
amendments.
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Soon after implementation of the
charter vessel/headboat permit
moratorium, NMFS and the Council
determined that the amendments’
implementing regulations contained an
error relating to one of the eligibility
criteria and, therefore, did not correctly
reflect the action taken by the Council.
As a result of the erroneous criterion,
some persons entitled to receive a
charter vessel/headboat permit would
not have been able to obtain a permit.
The Council, at its September and
November 2002 meetings, provided
further clarification of Council intent
regarding the eligibility criteria that
resulted in corrected Amendments 14
and 20. To maintain continuity in these
fisheries until the error could be
resolved through normal rulemaking,
NMFS published an emergency rule (67
FR 77193, December 17, 2002) to extend
the effective date of open access permits
and to extend the date on which
moratorium permits were to be required
under the original rule. NMFS
published a proposed rule (68 FR 11794,
March 12, 2003) and a final rule (68 FR
26230, May 15, 2003) to implement the
corrected Amendments 14 and 20. This
final rule corrected the eligibility
criterion; reopened the application
process for obtaining a moratorium
permit; again extended the effective
dates of open access permits; again
extended the applicable deadlines for
applying for and obtaining moratorium
permits; and extended the expiration
date of the moratorium to account for
the delay in implementation.
Need for This Emergency Rule
The intended effect of the moratorium
was to cap the number of charter vessels
and headboats operating in the Gulf reef
fish and Gulf coastal migratory pelagic
fisheries. Permit applicants were
required to submit applications within a
90-day period. Since implementation of
the moratorium, and particularly more
recently, NMFS and the Council have
become aware via numerous letters and
phone calls that a substantial number of
historical participants in these Gulf
fisheries who meet the original
moratorium permit eligibility
requirements failed, for a variety of
reasons, to submit a timely completed
application and, therefore, never
obtained the permit. As a result, the
moratorium has had a more restrictive
effect than was intended, and an
estimated 34–810 qualifying historical
participants may have suffered
economic harm because they can no
longer participate in these fisheries in
the same manner as they did prior to the
moratorium. The potential associated
economic impact across all potentially
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16755
affected vessels (34–810) is estimated to
equate to approximately $2.6 million
(34*$77,000) to $62 million
(810*$77,000) in lost receipts and $1.3
million (34*$37,000) to $30 million
(810*$37,000) in lost profits on an
annual basis. These estimates would
increase if some of the entities are
headboats.
The Council, at its October 2004
meeting, reconsidered this issue and
passed a motion requesting NMFS to
implement an emergency rule to reopen
the application period for the charter/
headboat moratorium in the Gulf for 60
days based upon the economic harm to
historical participants who were
unintentionally excluded from the
fishery, as long as the affected vessels
demonstrate eligibility based upon the
original moratorium permit criteria and
some dependence on charter/headboat
fishing in the Gulf. NMFS concurs with
the Council’s request and is issuing this
emergency rule to implement the
reopening of the permit moratorium
application process.
Provisions of This Emergency Rule
Under this emergency rule, the
application process for obtaining a
charter vessel/headboat permit for Gulf
reef fish or Gulf coastal migratory
pelagic fish under the moratorium will
be reopened for 120 days. Although the
Council requested a 60-day reopening,
NMFS believes that 120 days is
appropriate to ensure adequate time for
notifying potential applicants of the
reopening and for applicants to compile
necessary documentation and complete
the application process while not
placing an undue burden on the agency
to continually accept new applications.
Eligibility Requirements
Eligibility for charter vessel/headboat
permits under this reopening would be
limited to applicants who: (1) meet one
of the three original moratorium permit
eligibility criteria; (2) were not issued an
original charter vessel/headboat permit
or letter of eligibility under the
moratorium for which they were
eligible; and (3) can document economic
harm as a result of failure to obtain an
original charter vessel/headboat permit
under the moratorium. See
§ 622.4(r)(14)(i) in the accompanying
codified text for a restatement of the
original moratorium permit eligibility
criteria.
Economic harm, for the purposes of
this emergency rule, is based on the
concept that a person who was eligible
to receive a moratorium permit, but
failed to do so, suffered an actual
realized loss as a result of the inability
to operate in these fisheries after the
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Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Rules and Regulations
moratorium in the same manner as he/
she did prior to the moratorium. For
example, a person who owned a charter
vessel or headboat with an open access
permit for Gulf reef fish or coastal
migratory pelagic fish and fished in the
Gulf of Mexico during the period March
29, 2000, through November 12, 2003,
prior to the moratorium, but failed to
obtain a moratorium permit, would
meet the economic harm standard.
However, a historical captain who never
obtained an open access permit for these
fisheries and who failed to obtain a
moratorium permit would not meet the
standard because the opportunity to
participate in the same manner as prior
to the moratorium (i.e., as a captain) was
not lost.
NMFS considered a variety of
evidence that would indicate operation
of a vessel in the Gulf. It was concluded
that the most reliable forms would
include, but not be limited to, proof of:
1. Issuance of an open access charter
vessel/headboat permit for Gulf reef fish
during the period March 29, 2000,
through November 12, 2003; or
2. Issuance of an open access charter
vessel/headboat permit for coastal
migratory pelagic fish during the period
March 29, 2000, through November 12,
2003, and:
a. A documented homeport in the
Gulf for the permitted vessel during that
period;
b. Appropriately dated logbooks,
passenger manifests, or fuel receipts for
the permitted vessel that clearly
indicate operation within the Gulf; or
c. Appropriately dated receipts for
dock rental for the permitted vessel
from a Gulf-based marina.
Application Requirements and
Procedures
An applicant who desires a charter
vessel/headboat permit for Gulf coastal
migratory pelagic fish or Gulf reef fish
must submit an application for such
permit to the Regional Administrator,
Southeast Region, NMFS (RA)
postmarked or hand-delivered not later
than August 1, 2005. Failure to apply by
the above deadline will preclude permit
issuance even when the applicant meets
the eligibility criteria for such permit.
Application forms are available from the
RA. The information requested on the
application form varies according to the
eligibility criterion that the application
is based upon as indicated in
§ 622.4(r)(14). An applicant who
believes he/she meets the permit or
application history criterion based on
ownership of a vessel under a different
name, for example, as may have
occurred when ownership has changed
from individual to corporate or vice
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versa, must document his/her
continuity of ownership.
Issuance of Initial Permits/Letters of
Eligibility
If a complete application is submitted
in a timely manner and the applicable
eligibility requirements specified in
§ 622.4(r)(14) are met, the RA will issue
a charter vessel/headboat permit for
Gulf coastal migratory pelagic fish and/
or Gulf reef fish or a letter of eligibility
for such fisheries, as appropriate, and
mail it to the vessel owner or, in the
case of a letter of eligibility, the
applicant.
If an eligible applicant does not
currently own a vessel to which the
charter vessel/headboat moratorium
permit could be applied, the RA will
issue such applicant a letter of
eligibility. The letter of eligibility is
valid until redeemed for a moratorium
permit or until the moratorium expires,
whichever occurs first. The letter of
eligibility may be redeemed through the
RA for a charter vessel/headboat permit
for Gulf coastal migratory pelagic fish
and/or Gulf reef fish, as appropriate,
based on the applicant’s eligibility.
However, a letter of eligibility issued
based on eligibility as a historical
captain is valid only for a vessel of the
same or lesser authorized passenger
capacity as the vessel used to document
earned income in § 622.4(r)(14)(i)(C)(2)
and is valid only for the fisheries
certified on the application under
§ 622.4(r)(14)(i)(C)(1). Further, such
letter of eligibility may only be
redeemed for a charter vessel/headboat
permit with a historical captain
endorsement, and such a permit is only
valid on a vessel that the historical
captain operates as a captain.
Justification for Emergency Rule
For the reasons stated above, this
emergency rule meets NMFS policy
guidelines for the use of emergency
rules (62 FR 44421, August 21, 1997),
because the emergency situation results
from recently discovered circumstances;
presents a serious management problem
in the fishery; and the emergency rule
realizes immediate benefits that
outweigh the value of prior notice,
opportunity for public comment, and
deliberative consideration expected
under the normal rulemaking process.
Classification
The Assistant Administrator for
Fisheries, NOAA (AA), has determined
that this emergency rule is necessary to
minimize adverse social and economic
impacts (i.e., unintended exclusion of
participation in these fisheries). The AA
has also determined that this rule is
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consistent with the Magnuson-Stevens
Act and other applicable laws.
This emergency rule has been
determined to be not significant for
purposes of Executive Order 12866.
This emergency rule is exempt from
the procedures of the Regulatory
Flexibility Act because the rule is issued
without opportunity for prior notice and
opportunity for public comment.
The AA finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment,
pursuant to authority set forth at U.S.C.
553(b)(B), as such procedures would be
impracticable and contrary to the public
interest. This is true because further
delay in implementation will only
prolong the adverse impacts to former
participants currently excluded from
participation in the fishery. Specifically,
over 30 percent of qualified charter
vessels and headboats have been
excluded from continued legal
participation in the Gulf reef fish and
Gulf coastal migratory pelagic fisheries,
which has resulted in a loss of all
income for a substantial portion of the
fishery, as well as a potential increase
in the cost of fishing trips to the
members of the public who seek to take
such fishing trips. Although qualified
applicants who did not obtain permits
can purchase a permits from
participants in the fishery, these permits
have sold for approximately $10,000,
which is a substantial cost. Because this
is a substantive rule that relieves a
restriction (i.e., the existing application
deadline), as discussed above, it is not
subject to the 30-day delayed
effectiveness provision of the
Administrative Procedure Act pursuant
to 5 U.S.C. 553(d)(1).
This emergency rule contains
collection-of-information requirements
subject to the Paperwork Reduction Act
(PRA), namely the charter vessel/
headboat permit application,
submission of information on vessel
construction, submission of information
on historical captain eligibility, and
submission of documentation of
economic harm. These requirements
have been approved by the Office of
Management and Budget (OMB) under
control number 0648–0520. Public
reporting burdens for the charter vessel/
headboat permit application,
submission of information on vessel
construction, submission of information
on historical captain eligibility, and
submission of documentation of
economic harm, are estimated to average
20 minutes, 2 hours, 2 hours, and 30
minutes per response, respectively,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
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requirements and procedures related to
the reopening of the permit application
process have been added. The purpose
of reopening the application process is
to mitigate unintended economic harm
that resulted from qualified applicants’
inability to obtain a charter vessel/
headboat permit under the moratorium
and, therefore, the inability to
participate in those fisheries in the same
manner they participated prior to the
moratorium.
*
*
*
*
*
(13) Applicability. The only valid
charter vessel/headboat permits for Gulf
coastal migratory pelagic fish or Gulf
reef fish are those that have been or are
issued under the moratorium criteria in
this paragraph (r). Existing permits may
be renewed, are subject to the
transferability provisions in paragraph
(r)(9) of this section, and are subject to
the requirement for timely renewal in
paragraph (r)(10) of this section.
(14) Eligibility requirements for a
permit under the reopening of the
moratorium application process.
Eligibility for a charter vessel/headboat
permit for Gulf coastal migratory pelagic
fish or Gulf reef fish under this
reopening of the application process is
limited to applicants who were not
List of Subjects in 50 CFR Part 622
issued an original charter vessel/
Fisheries, Fishing, Puerto Rico,
headboat permit or a letter of eligibility
Reporting and recordkeeping
under the moratorium for which they
requirements, Virgin Islands.
were eligible based on one of the three
Dated: March 21, 2005.
original moratorium permit eligibility
Rebecca Lent,
criteria as specified in paragraphs
(r)(14)(i)(A), (r)(14)(i)(B), or (r)(14)(i)(C)
Deputy Assistant Administrator for
Regulatory Programs, National Marine
of this section and who can document
Fisheries Service.
economic harm, as specified in
I For the reasons set out in the preamble, paragraph (r)(14)(ii) of this section, as a
result of failure to obtain an original
50 CFR part 622 is amended as follows:
charter vessel/headboat permit under
PART 622—FISHERIES OF THE
the moratorium.
CARIBBEAN, GULF, AND SOUTH
(i) Original moratorium permit
ATLANTIC
eligibility criteria. The original
moratorium permit eligibility criteria
I 1. The authority citation for part 622
include-continues to read as follows:
(A) An owner of a vessel that had a
Authority: 16 U.S.C. 1801 et seq.
valid charter vessel/headboat permit for
Gulf reef fish or coastal migratory
I 2. In § 622.4, suspend the last sentence
pelagic fish on March 29, 2001, or held
of paragraph (r) introductory text and
paragraphs (r)(1) through (r)(8); add two such a permit during the preceding year
new sentences at the end of paragraph (r) or whose application for such permit
had been received by NMFS by March
introductory text; and add new
paragraphs (r)(13) through (r)(18) to read 29, 2001, and was being processed or
awaiting processing.
as follows:
(B) Any person who can provide
§ 622.4 Permits and fees.
NMFS with documentation verifying
that, prior to March 29, 2001, he/she
*
*
*
*
*
(r) * * * However, to accommodate an had a charter vessel or headboat under
construction and that the associated
emergency reopening of the permit
application process, through September expenditures were at least $5,000 as of
28, 2005, paragraphs (r)(1) through (r)(8) that date. If the vessel owner was
constructing the vessel, the vessel
of this section have been suspended,
and paragraphs (r)(13) through (r)(18) of owner must provide NMFS with
receipts for the required expenditures. If
this section that outline applicable
data needed, and completing and
reviewing the collection of information.
Public comment is sought regarding:
whether these proposed collections of
information are necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
the accuracy of the burden estimates;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collections of information,
including through the use of automated
collection techniques or other forms of
information technology. Send comments
regarding these burden estimates or any
other aspect of this data collection,
including suggestions for reducing the
burden, to NMFS (see ADDRESSES) and
by e-mail to
DavidlRostker@omb.eop.gov, or fax to
202–395–7285.
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB control number.
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16757
the vessel was being constructed by
someone other than the owner, the
owner must provide NMFS with a copy
of the contract and/or receipts for the
required expenditures.
(C) A historical captain, defined for
the purposes of this paragraph (r) as a
person who provides NMFS with
documentation verifying that (1) Prior to March 29, 2001, he/she
was issued either a USCG Operator of
Uninspected Passenger Vessel license
(commonly referred to as a 6–pack
license) or a USCG Masters license;
operated, as a captain, a federally
permitted charter vessel or headboat in
the Gulf reef fish and/or coastal
migratory pelagic fisheries; but does not
have a fishery permit issued in his/her
name; and
(2) At least 25 percent of his/her
earned income was derived from charter
vessel or headboat fishing in one of the
following years: 1997, 1998, 1999, or
2000.
(ii) Proof of economic harm.
Economic harm, for the purposes of this
emergency rule, is based on the concept
that a person suffered an actual realized
loss as a result of the inability to operate
in these fisheries after the moratorium
in the same manner as he/she did prior
to the moratorium. Proof of economic
harm would include, but would not be
limited to, proof of (A) Issuance of an open access charter
vessel/headboat permit for Gulf reef fish
during the period March 29, 2000,
through November 12, 2003.
(B) Issuance of an open access charter
vessel/headboat permit for coastal
migratory pelagic fish during the period
March 29, 2000, through November 12,
2003, and-(1) A documented homeport in the
Gulf for the permitted vessel during that
period;
(2) Appropriately dated logbooks,
passenger manifests, or fuel receipts for
the permitted vessel that clearly
indicate a location within the Gulf; or
(3) Appropriately dated receipts for
dock rental for the permitted vessel
from a Gulf-based marina.
(15) Application requirements and
procedures under the reopening of the
permit application process. An
applicant who desires a charter vessel/
headboat permit for Gulf coastal
migratory pelagic fish or Gulf reef fish
must submit an application for such
permit to the RA postmarked or handdelivered not later than August 1, 2005.
An applicant who believes he/she meets
the permit or application history
criterion based on ownership of a vessel
under a different name, for example, as
may have occurred when ownership has
changed from individual to corporate or
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Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Rules and Regulations
vice versa, must document his/her
continuity of ownership. Application
forms are available from the RA. The
information requested on the
application form varies according to the
eligibility criterion that the application
is based upon as indicated in paragraph
(r)(14) of this section; however, all
applicants must provide a copy of the
applicable, valid USCG Operator of
Uninspected Passenger Vessel license or
Masters license and valid USCG
Certificate of Inspection. Failure to
apply in a timely manner will preclude
permit issuance even when the
applicant meets the eligibility criteria
for such permit.
(16) Incomplete applications. If an
application that is postmarked or handdelivered in a timely manner is
incomplete, the RA will notify the
applicant of the deficiency. If the
applicant fails to submit an application
that corrects the deficiency and that is
received by the RA within 60 days of
the date of the RA’s notification, the
application will be considered
abandoned.
(17) Issuance of permits. If an
applicant submits a complete
application in a timely manner and the
applicable eligibility requirements
specified in paragraph (r)(14) of this
section are met, the RA will issue a
charter vessel/headboat permit for Gulf
coastal migratory pelagic fish and/or
Gulf reef fish or a letter of eligibility for
such fisheries, as appropriate, and mail
it to the vessel owner or, in the case of
a letter of eligibility, to the applicant. If
an eligible applicant does not currently
own a vessel to which the charter
vessel/headboat moratorium permit
could be applied, the RA will issue such
applicant a letter of eligibility. The letter
of eligibility is valid until redeemed for
a moratorium permit or until the
moratorium expires, whichever occurs
first. The letter of eligibility may be
redeemed through the RA for a charter
vessel/headboat permit for Gulf coastal
migratory pelagic fish and/or Gulf reef
fish, as appropriate, based on the
applicant’s eligibility. However, a letter
of eligibility issued based on eligibility
as a historical captain is valid only for
a vessel of the same or lesser authorized
passenger capacity as the vessel used to
document earned income in paragraph
(r)(14)(i)(C)(2) of this section and is
valid only for the fisheries certified on
the application under paragraph
(r)(14)(i)(C)(1) of this section. Further,
VerDate jul<14>2003
15:42 Mar 31, 2005
Jkt 205001
such letter of eligibility may be
redeemed only for a charter vessel/
headboat permit with a historical
captain endorsement, and such a permit
is valid only on a vessel that the
historical captain operates as a captain.
(18) Notification of ineligibility. If the
applicant does not meet the applicable
eligibility requirements of paragraph
(r)(14) of this section, the RA will notify
the applicant, in writing, of such
determination and the reasons for it as
soon as possible, but not later than
September 28, 2005. The RA’s decision
will constitute the final administrative
action by NMFS regarding permit
eligibility.
[FR Doc. 05–6509 Filed 3–31–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 040112010–4114–02; I.D.
032805B]
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
(NE) Multispecies Fishery; Closure of
the Eastern U.S./Canada Area and
Prohibition of Harvesting, Possessing,
or Landing of Yellowtail Flounder from
the Entire U.S./Canada Management
Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Closure.
AGENCY:
SUMMARY: NMFS announces that the
Administrator, Northeast Region, NMFS
(Regional Administrator), has projected
that 100 percent of the total allowable
catch (TAC) of Georges Bank (GB)
yellowtail flounder allocated to be
harvested from the Western and Eastern
U.S./Canada Areas has been harvested.
The National Marine Fisheries Service,
therefore, is closing the Eastern U.S./
Canada Area to limited access NE
multispecies days-at-sea (DAS) vessels
and prohibiting all vessels from
harvesting, possessing, or landing GB
yellowtail flounder from within the
entire U.S./Canada Management Area.
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
Effective 0001 hrs local time,
April 1, 2005 through 2400 hrs local
time, April 30, 2005.
FOR FURTHER INFORMATION CONTACT:
Douglas W. Christel, Fishery Policy
Analyst, (978) 281–9141, fax (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the yellowtail
flounder landings limit within the
Western and Eastern U.S./Canada Areas
are found at 50 CFR 648.85(a)(3)(iv)(C).
The regulations authorize vessels issued
a valid limited access NE multispecies
permit and fishing under a NE
multispecies DAS to fish in the U.S./
Canada Management Area, under
specific conditions. The TAC allocation
for GB yellowtail flounder for the 2004
fishing year was specified at 6,000 mt in
the final rule implementing Amendment
13 to the NE Multispecies Fishery
Management Plan (FMP) (April 27,
2004, 69 FR 22906). Section
648.85(a)(3)(iv)(C)(3) authorizes the
Regional Administrator to close the
Eastern U.S./Canada Area to all limited
access NE multispecies DAS vessels and
prohibit all vessels from harvesting,
possessing, or landing GB yellowtail
flounder from the entire U.S./Canada
Management Area when 100 percent of
the GB yellowtail flounder TAC is
projected to be harvested.
Based upon Vessel Monitoring System
reports and other available information,
the Regional Administrator has
determined that 100 percent of the GB
yellowtail flounder TAC of 6,000 mt
was harvested as of March 25, 2005.
Based on this information, the Eastern
U.S./Canada Area is closed to limited
access NE multispecies DAS vessels and
all vessels are prohibited from
harvesting, possessing, or landing GB
yellowtail flounder from the entire U.S./
Canada Management Area for the
remainder of the fishing year, effective
April 1, 2005.
DATES:
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 28, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–6501 Filed 3–29–05; 3:38 pm]
BILLING CODE 3510–22–S
E:\FR\FM\01APR1.SGM
01APR1
]]>Agencies
[Federal Register Volume 70, Number 62 (Friday, April 1, 2005)]
[Rules and Regulations]
[Pages 16754-16758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6509]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 050314073-5073-01; I.D. 030705B]
RIN 0648-AS99
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Coastal Migratory Pelagic
Resources of the Gulf of Mexico and South Atlantic; Reopening of the
Application Process for the Charter Vessel and Headboat Permit
Moratorium in the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this emergency rule to provide a limited reopening
of the application process for the charter vessel/headboat permit
moratorium for reef fish and coastal migratory pelagic fish in the Gulf
of Mexico. This reopening allows qualifying persons, who can provide
documentation of economic harm as a result of inability to obtain a
moratorium permit, to apply for reconsideration of moratorium permit
eligibility. In addition, NMFS informs the public of the approval by
the Office of Management and Budget (OMB) under the Paperwork Reduction
Act of the collection-of-information requirements contained in this
emergency rule and publishes the OMB control numbers for those
collections. The intended effect of this emergency rule is to eliminate
adverse socio-economic impacts on eligible Gulf charter vessel/headboat
owners and operators while maintaining the integrity of the permit
moratorium and its objectives.
DATES: This rule is effective April 1, 2005 through September 28, 2005.
ADDRESSES: Copies of the required regulatory analysis supporting this
emergency rule may be obtained from the Southeast Regional Office,
NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702.
Comments regarding the collection-of-information requirements
contained in this emergency rule should be sent to Robert Sadler,
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St.
Petersburg, FL 33702, and by e-mail to
[[Page 16755]]
David--Rostker@omb.eop.gov, or by fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Phil Steele, 727-570-5305; fax: 727-
824-5308, e-mail: Phil.Steele@noaa.gov.
SUPPLEMENTARY INFORMATION: The fishery for reef fish is managed under
the Fishery Management Plan for the Reef Fish Resources of the Gulf of
Mexico (Reef Fish FMP) that was prepared by the Gulf of Mexico Fishery
Management Council (Council). The fisheries for coastal migratory
pelagic resources are managed under the Fishery Management Plan for the
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic (Coastal Migratory Pelagics FMP) that was prepared jointly by
the Council and the South Atlantic Fishery Management Council. These
FMPs were approved by NMFS and implemented under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
Background
The Council, in cooperation with the Gulf charter vessel/headboat
industry, developed Amendment 14 to the Fishery Management Plan for the
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic (Amendment 14) and Amendment 20 to the Fishery Management Plan
for the Reef Fish Resources of the Gulf of Mexico (Amendment 20) to
address issues of increased fishing mortality and fishing effort in the
for-hire (charter vessel/headboat) sector of the recreational fishery
in the Gulf of Mexico. These two amendments proposed to establish a 3-
year moratorium on the issuance of charter vessel or headboat permits
for the reef fish fishery and coastal migratory pelagics fishery in the
exclusive economic zone (EEZ) of the Gulf of Mexico. The intended
effect of these amendments was to cap the number of for-hire vessels
operating in these fisheries while the Council evaluates the need for
additional measures that may be necessary to rebuild these fishery
resources and achieve optimum yield. The objective of capping the
number of for-hire vessels was to be achieved via restrictive permit
eligibility criteria based on permit history, participation as a
historical captain, or vessel under construction parameters. NMFS
approved Amendments 14 and 20 and promulgated the charter vessel/
headboat permit moratorium regulations (67 FR 43558, June 28, 2002) to
implement the amendments.
Soon after implementation of the charter vessel/headboat permit
moratorium, NMFS and the Council determined that the amendments'
implementing regulations contained an error relating to one of the
eligibility criteria and, therefore, did not correctly reflect the
action taken by the Council. As a result of the erroneous criterion,
some persons entitled to receive a charter vessel/headboat permit would
not have been able to obtain a permit. The Council, at its September
and November 2002 meetings, provided further clarification of Council
intent regarding the eligibility criteria that resulted in corrected
Amendments 14 and 20. To maintain continuity in these fisheries until
the error could be resolved through normal rulemaking, NMFS published
an emergency rule (67 FR 77193, December 17, 2002) to extend the
effective date of open access permits and to extend the date on which
moratorium permits were to be required under the original rule. NMFS
published a proposed rule (68 FR 11794, March 12, 2003) and a final
rule (68 FR 26230, May 15, 2003) to implement the corrected Amendments
14 and 20. This final rule corrected the eligibility criterion;
reopened the application process for obtaining a moratorium permit;
again extended the effective dates of open access permits; again
extended the applicable deadlines for applying for and obtaining
moratorium permits; and extended the expiration date of the moratorium
to account for the delay in implementation.
Need for This Emergency Rule
The intended effect of the moratorium was to cap the number of
charter vessels and headboats operating in the Gulf reef fish and Gulf
coastal migratory pelagic fisheries. Permit applicants were required to
submit applications within a 90-day period. Since implementation of the
moratorium, and particularly more recently, NMFS and the Council have
become aware via numerous letters and phone calls that a substantial
number of historical participants in these Gulf fisheries who meet the
original moratorium permit eligibility requirements failed, for a
variety of reasons, to submit a timely completed application and,
therefore, never obtained the permit. As a result, the moratorium has
had a more restrictive effect than was intended, and an estimated 34-
810 qualifying historical participants may have suffered economic harm
because they can no longer participate in these fisheries in the same
manner as they did prior to the moratorium. The potential associated
economic impact across all potentially affected vessels (34-810) is
estimated to equate to approximately $2.6 million (34*$77,000) to $62
million (810*$77,000) in lost receipts and $1.3 million (34*$37,000) to
$30 million (810*$37,000) in lost profits on an annual basis. These
estimates would increase if some of the entities are headboats.
The Council, at its October 2004 meeting, reconsidered this issue
and passed a motion requesting NMFS to implement an emergency rule to
reopen the application period for the charter/headboat moratorium in
the Gulf for 60 days based upon the economic harm to historical
participants who were unintentionally excluded from the fishery, as
long as the affected vessels demonstrate eligibility based upon the
original moratorium permit criteria and some dependence on charter/
headboat fishing in the Gulf. NMFS concurs with the Council's request
and is issuing this emergency rule to implement the reopening of the
permit moratorium application process.
Provisions of This Emergency Rule
Under this emergency rule, the application process for obtaining a
charter vessel/headboat permit for Gulf reef fish or Gulf coastal
migratory pelagic fish under the moratorium will be reopened for 120
days. Although the Council requested a 60-day reopening, NMFS believes
that 120 days is appropriate to ensure adequate time for notifying
potential applicants of the reopening and for applicants to compile
necessary documentation and complete the application process while not
placing an undue burden on the agency to continually accept new
applications.
Eligibility Requirements
Eligibility for charter vessel/headboat permits under this
reopening would be limited to applicants who: (1) meet one of the three
original moratorium permit eligibility criteria; (2) were not issued an
original charter vessel/headboat permit or letter of eligibility under
the moratorium for which they were eligible; and (3) can document
economic harm as a result of failure to obtain an original charter
vessel/headboat permit under the moratorium. See Sec. 622.4(r)(14)(i)
in the accompanying codified text for a restatement of the original
moratorium permit eligibility criteria.
Economic harm, for the purposes of this emergency rule, is based on
the concept that a person who was eligible to receive a moratorium
permit, but failed to do so, suffered an actual realized loss as a
result of the inability to operate in these fisheries after the
[[Page 16756]]
moratorium in the same manner as he/she did prior to the moratorium.
For example, a person who owned a charter vessel or headboat with an
open access permit for Gulf reef fish or coastal migratory pelagic fish
and fished in the Gulf of Mexico during the period March 29, 2000,
through November 12, 2003, prior to the moratorium, but failed to
obtain a moratorium permit, would meet the economic harm standard.
However, a historical captain who never obtained an open access permit
for these fisheries and who failed to obtain a moratorium permit would
not meet the standard because the opportunity to participate in the
same manner as prior to the moratorium (i.e., as a captain) was not
lost.
NMFS considered a variety of evidence that would indicate operation
of a vessel in the Gulf. It was concluded that the most reliable forms
would include, but not be limited to, proof of:
1. Issuance of an open access charter vessel/headboat permit for
Gulf reef fish during the period March 29, 2000, through November 12,
2003; or
2. Issuance of an open access charter vessel/headboat permit for
coastal migratory pelagic fish during the period March 29, 2000,
through November 12, 2003, and:
a. A documented homeport in the Gulf for the permitted vessel
during that period;
b. Appropriately dated logbooks, passenger manifests, or fuel
receipts for the permitted vessel that clearly indicate operation
within the Gulf; or
c. Appropriately dated receipts for dock rental for the permitted
vessel from a Gulf-based marina.
Application Requirements and Procedures
An applicant who desires a charter vessel/headboat permit for Gulf
coastal migratory pelagic fish or Gulf reef fish must submit an
application for such permit to the Regional Administrator, Southeast
Region, NMFS (RA) postmarked or hand-delivered not later than August 1,
2005. Failure to apply by the above deadline will preclude permit
issuance even when the applicant meets the eligibility criteria for
such permit. Application forms are available from the RA. The
information requested on the application form varies according to the
eligibility criterion that the application is based upon as indicated
in Sec. 622.4(r)(14). An applicant who believes he/she meets the
permit or application history criterion based on ownership of a vessel
under a different name, for example, as may have occurred when
ownership has changed from individual to corporate or vice versa, must
document his/her continuity of ownership.
Issuance of Initial Permits/Letters of Eligibility
If a complete application is submitted in a timely manner and the
applicable eligibility requirements specified in Sec. 622.4(r)(14) are
met, the RA will issue a charter vessel/headboat permit for Gulf
coastal migratory pelagic fish and/or Gulf reef fish or a letter of
eligibility for such fisheries, as appropriate, and mail it to the
vessel owner or, in the case of a letter of eligibility, the applicant.
If an eligible applicant does not currently own a vessel to which
the charter vessel/headboat moratorium permit could be applied, the RA
will issue such applicant a letter of eligibility. The letter of
eligibility is valid until redeemed for a moratorium permit or until
the moratorium expires, whichever occurs first. The letter of
eligibility may be redeemed through the RA for a charter vessel/
headboat permit for Gulf coastal migratory pelagic fish and/or Gulf
reef fish, as appropriate, based on the applicant's eligibility.
However, a letter of eligibility issued based on eligibility as a
historical captain is valid only for a vessel of the same or lesser
authorized passenger capacity as the vessel used to document earned
income in Sec. 622.4(r)(14)(i)(C)(2) and is valid only for the
fisheries certified on the application under Sec.
622.4(r)(14)(i)(C)(1). Further, such letter of eligibility may only be
redeemed for a charter vessel/headboat permit with a historical captain
endorsement, and such a permit is only valid on a vessel that the
historical captain operates as a captain.
Justification for Emergency Rule
For the reasons stated above, this emergency rule meets NMFS policy
guidelines for the use of emergency rules (62 FR 44421, August 21,
1997), because the emergency situation results from recently discovered
circumstances; presents a serious management problem in the fishery;
and the emergency rule realizes immediate benefits that outweigh the
value of prior notice, opportunity for public comment, and deliberative
consideration expected under the normal rulemaking process.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this emergency rule is necessary to minimize adverse
social and economic impacts (i.e., unintended exclusion of
participation in these fisheries). The AA has also determined that this
rule is consistent with the Magnuson-Stevens Act and other applicable
laws.
This emergency rule has been determined to be not significant for
purposes of Executive Order 12866.
This emergency rule is exempt from the procedures of the Regulatory
Flexibility Act because the rule is issued without opportunity for
prior notice and opportunity for public comment.
The AA finds good cause to waive the requirement to provide prior
notice and opportunity for public comment, pursuant to authority set
forth at U.S.C. 553(b)(B), as such procedures would be impracticable
and contrary to the public interest. This is true because further delay
in implementation will only prolong the adverse impacts to former
participants currently excluded from participation in the fishery.
Specifically, over 30 percent of qualified charter vessels and
headboats have been excluded from continued legal participation in the
Gulf reef fish and Gulf coastal migratory pelagic fisheries, which has
resulted in a loss of all income for a substantial portion of the
fishery, as well as a potential increase in the cost of fishing trips
to the members of the public who seek to take such fishing trips.
Although qualified applicants who did not obtain permits can purchase a
permits from participants in the fishery, these permits have sold for
approximately $10,000, which is a substantial cost. Because this is a
substantive rule that relieves a restriction (i.e., the existing
application deadline), as discussed above, it is not subject to the 30-
day delayed effectiveness provision of the Administrative Procedure Act
pursuant to 5 U.S.C. 553(d)(1).
This emergency rule contains collection-of-information requirements
subject to the Paperwork Reduction Act (PRA), namely the charter
vessel/headboat permit application, submission of information on vessel
construction, submission of information on historical captain
eligibility, and submission of documentation of economic harm. These
requirements have been approved by the Office of Management and Budget
(OMB) under control number 0648-0520. Public reporting burdens for the
charter vessel/headboat permit application, submission of information
on vessel construction, submission of information on historical captain
eligibility, and submission of documentation of economic harm, are
estimated to average 20 minutes, 2 hours, 2 hours, and 30 minutes per
response, respectively, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the
[[Page 16757]]
data needed, and completing and reviewing the collection of
information. Public comment is sought regarding: whether these proposed
collections of information are necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; the accuracy of the burden estimates; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collections of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments
regarding these burden estimates or any other aspect of this data
collection, including suggestions for reducing the burden, to NMFS (see
ADDRESSES) and by e-mail to David--Rostker@omb.eop.gov, or fax to 202-
395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: March 21, 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 622 is amended as
follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.4, suspend the last sentence of paragraph (r)
introductory text and paragraphs (r)(1) through (r)(8); add two new
sentences at the end of paragraph (r) introductory text; and add new
paragraphs (r)(13) through (r)(18) to read as follows:
Sec. 622.4 Permits and fees.
* * * * *
(r) * * * However, to accommodate an emergency reopening of the
permit application process, through September 28, 2005, paragraphs
(r)(1) through (r)(8) of this section have been suspended, and
paragraphs (r)(13) through (r)(18) of this section that outline
applicable requirements and procedures related to the reopening of the
permit application process have been added. The purpose of reopening
the application process is to mitigate unintended economic harm that
resulted from qualified applicants' inability to obtain a charter
vessel/headboat permit under the moratorium and, therefore, the
inability to participate in those fisheries in the same manner they
participated prior to the moratorium.
* * * * *
(13) Applicability. The only valid charter vessel/headboat permits
for Gulf coastal migratory pelagic fish or Gulf reef fish are those
that have been or are issued under the moratorium criteria in this
paragraph (r). Existing permits may be renewed, are subject to the
transferability provisions in paragraph (r)(9) of this section, and are
subject to the requirement for timely renewal in paragraph (r)(10) of
this section.
(14) Eligibility requirements for a permit under the reopening of
the moratorium application process. Eligibility for a charter vessel/
headboat permit for Gulf coastal migratory pelagic fish or Gulf reef
fish under this reopening of the application process is limited to
applicants who were not issued an original charter vessel/headboat
permit or a letter of eligibility under the moratorium for which they
were eligible based on one of the three original moratorium permit
eligibility criteria as specified in paragraphs (r)(14)(i)(A),
(r)(14)(i)(B), or (r)(14)(i)(C) of this section and who can document
economic harm, as specified in paragraph (r)(14)(ii) of this section,
as a result of failure to obtain an original charter vessel/headboat
permit under the moratorium.
(i) Original moratorium permit eligibility criteria. The original
moratorium permit eligibility criteria include--
(A) An owner of a vessel that had a valid charter vessel/headboat
permit for Gulf reef fish or coastal migratory pelagic fish on March
29, 2001, or held such a permit during the preceding year or whose
application for such permit had been received by NMFS by March 29,
2001, and was being processed or awaiting processing.
(B) Any person who can provide NMFS with documentation verifying
that, prior to March 29, 2001, he/she had a charter vessel or headboat
under construction and that the associated expenditures were at least
$5,000 as of that date. If the vessel owner was constructing the
vessel, the vessel owner must provide NMFS with receipts for the
required expenditures. If the vessel was being constructed by someone
other than the owner, the owner must provide NMFS with a copy of the
contract and/or receipts for the required expenditures.
(C) A historical captain, defined for the purposes of this
paragraph (r) as a person who provides NMFS with documentation
verifying that -
(1) Prior to March 29, 2001, he/she was issued either a USCG
Operator of Uninspected Passenger Vessel license (commonly referred to
as a 6-pack license) or a USCG Masters license; operated, as a captain,
a federally permitted charter vessel or headboat in the Gulf reef fish
and/or coastal migratory pelagic fisheries; but does not have a fishery
permit issued in his/her name; and
(2) At least 25 percent of his/her earned income was derived from
charter vessel or headboat fishing in one of the following years: 1997,
1998, 1999, or 2000.
(ii) Proof of economic harm. Economic harm, for the purposes of
this emergency rule, is based on the concept that a person suffered an
actual realized loss as a result of the inability to operate in these
fisheries after the moratorium in the same manner as he/she did prior
to the moratorium. Proof of economic harm would include, but would not
be limited to, proof of -
(A) Issuance of an open access charter vessel/headboat permit for
Gulf reef fish during the period March 29, 2000, through November 12,
2003.
(B) Issuance of an open access charter vessel/headboat permit for
coastal migratory pelagic fish during the period March 29, 2000,
through November 12, 2003, and--
(1) A documented homeport in the Gulf for the permitted vessel
during that period;
(2) Appropriately dated logbooks, passenger manifests, or fuel
receipts for the permitted vessel that clearly indicate a location
within the Gulf; or
(3) Appropriately dated receipts for dock rental for the permitted
vessel from a Gulf-based marina.
(15) Application requirements and procedures under the reopening of
the permit application process. An applicant who desires a charter
vessel/headboat permit for Gulf coastal migratory pelagic fish or Gulf
reef fish must submit an application for such permit to the RA
postmarked or hand-delivered not later than August 1, 2005. An
applicant who believes he/she meets the permit or application history
criterion based on ownership of a vessel under a different name, for
example, as may have occurred when ownership has changed from
individual to corporate or
[[Page 16758]]
vice versa, must document his/her continuity of ownership. Application
forms are available from the RA. The information requested on the
application form varies according to the eligibility criterion that the
application is based upon as indicated in paragraph (r)(14) of this
section; however, all applicants must provide a copy of the applicable,
valid USCG Operator of Uninspected Passenger Vessel license or Masters
license and valid USCG Certificate of Inspection. Failure to apply in a
timely manner will preclude permit issuance even when the applicant
meets the eligibility criteria for such permit.
(16) Incomplete applications. If an application that is postmarked
or hand-delivered in a timely manner is incomplete, the RA will notify
the applicant of the deficiency. If the applicant fails to submit an
application that corrects the deficiency and that is received by the RA
within 60 days of the date of the RA's notification, the application
will be considered abandoned.
(17) Issuance of permits. If an applicant submits a complete
application in a timely manner and the applicable eligibility
requirements specified in paragraph (r)(14) of this section are met,
the RA will issue a charter vessel/headboat permit for Gulf coastal
migratory pelagic fish and/or Gulf reef fish or a letter of eligibility
for such fisheries, as appropriate, and mail it to the vessel owner or,
in the case of a letter of eligibility, to the applicant. If an
eligible applicant does not currently own a vessel to which the charter
vessel/headboat moratorium permit could be applied, the RA will issue
such applicant a letter of eligibility. The letter of eligibility is
valid until redeemed for a moratorium permit or until the moratorium
expires, whichever occurs first. The letter of eligibility may be
redeemed through the RA for a charter vessel/headboat permit for Gulf
coastal migratory pelagic fish and/or Gulf reef fish, as appropriate,
based on the applicant's eligibility. However, a letter of eligibility
issued based on eligibility as a historical captain is valid only for a
vessel of the same or lesser authorized passenger capacity as the
vessel used to document earned income in paragraph (r)(14)(i)(C)(2) of
this section and is valid only for the fisheries certified on the
application under paragraph (r)(14)(i)(C)(1) of this section. Further,
such letter of eligibility may be redeemed only for a charter vessel/
headboat permit with a historical captain endorsement, and such a
permit is valid only on a vessel that the historical captain operates
as a captain.
(18) Notification of ineligibility. If the applicant does not meet
the applicable eligibility requirements of paragraph (r)(14) of this
section, the RA will notify the applicant, in writing, of such
determination and the reasons for it as soon as possible, but not later
than September 28, 2005. The RA's decision will constitute the final
administrative action by NMFS regarding permit eligibility.
[FR Doc. 05-6509 Filed 3-31-05; 8:45 am]
BILLING CODE 3510-22-S
