Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Limited Access Program for Gulf Charter Vessels and Headboats, 28282-28285 [06-4554]
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Federal Register / Vol. 71, No. 94 / Tuesday, May 16, 2006 / Rules and Regulations
penalty under this paragraph is $6,000
per violation per day. The maximum
penalty under this paragraph for a
related series of daily violations is
$16,375,000.
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Issued on: May 11, 2006.
Jacqueline Glassman,
Deputy Administrator.
[FR Doc. 06–4580 Filed 5–15–06; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 229
[I.D. 051006C]
Taking of Marine Mammals Incidental
to Commercial Fishing Operations;
Bottlenose Dolphin Take Reduction
Plan (BDTRP) Regulations; Sea Turtle
Conservation; Restrictions to Fishing
Activities
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of workshops.
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AGENCY:
SUMMARY: NMFS published a final rule
on April 24, 2006, to implement the
Bottlenose Dolphin Take Reduction
Plan (BDTRP) and amend the MidAtlantic large mesh gillnet rule. NMFS
is announcing workshops on these new
regulations. The purpose of the
workshops is to provide opportunities
for commercial fishermen who are
affected by the new regulations to learn
about and understand any new
requirements. The workshops will
consist of presentations on the
components of the final rule and gear
research related to the BDTRP, as well
as an opportunity to ask questions.
Eleven workshops are planned from
New Jersey through the east coast of
Florida, which is the geographic scope
of the BDTRP.
DATES: See SUPPLEMENTARY INFORMATION
under the heading ‘‘Workshop Dates,
Times, and Locations’’ for the dates and
locations of the workshops.
ADDRESSES: Copies of the final rule,
Environmental Assessment, Final
Regulatory Flexibility Analysis, the
Bottlenose Dolphin Take Reduction
Team meeting summaries, and the
complete citations for all references
used in this rulemaking may be
obtained from the persons listed under
FOR FURTHER INFORMATION CONTACT or
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15:11 May 15, 2006
Jkt 208001
online at https://www.nmfs.noaa.gov/pr/
interactions/trt/bdtrp.htm.
FOR FURTHER INFORMATION CONTACT:
Stacey Carlson, NMFS, Southeast
Region, 727–824–5312,
Stacey.Carlson@noaa.gov; Kristy Long,
NMFS, Office of Protected Resources,
301–713–2322, Kristy.Long@noaa.gov;
or David Gouveia, NMFS, Northeast
Region, 978–281–9300,
David.Gouveia@noaa.gov. Individuals
who use telecommunications devices
for the deaf (TDD) may call the Federal
Information Relay Service at 1–800–
877–8339 between 8 a.m. and 4 p.m.
eastern time, Monday through Friday,
excluding Federal holidays.
SUPPLEMENTARY INFORMATION: NMFS
issued the final rule (71 FR 24776, April
24, 2006) to implement the regulatory
management measures of the BDTRP to
reduce the incidental mortality and
serious injury (bycatch) of the western
North Atlantic coastal bottlenose
dolphin stock (dolphin) (Tursiops
truncatus) in the Mid-Atlantic coastal
gillnet fishery and eight other coastal
fisheries operating within the dolphin’s
range. The final rule also revises the
large mesh size restriction under the
Mid-Atlantic large mesh gillnet rule for
conservation of endangered and
threatened sea turtles to provide
consistency among Federal and state
management measures. The measures
contained in the final rule will
implement gillnet effort reduction, gear
proximity requirements, and gear or
gear deployment modifications to
reduce dolphin bycatch below the
marine mammal stock’s potential
biological removal level. In addition to
the regulatory measures contained in
the final rule, the BDTRP includes nonregulatory aspects, such as outreach and
education measures.
Workshop Dates, Times, and Locations
May 8, 2006, 7–9 p.m., Manahawkin,
NJ - 151 Route 72 East, Manahawkin, NJ
08060.
May 9, 2006, 7–9 p.m., Ocean City,
MD - Clarion Resort, Fontainbleau
Hotel, 10100 Coastal Highway, Ocean
City, MD 21842.
May 15, 2006, 7–9 p.m., Virginia
Beach, VA - Virginia Aquarium and
Marine Science Center, 717 General
Booth Boulevard, Virginia Beach, VA
23451.
May 16, 2006, 7–9 p.m.,
Chincoteague, VA - The Chincoteague
Center, 6155 Community Drive,
Chincoteague, VA 23336.
May 17, 20006, 7–9 p.m., Manteo, NC
- Roanoke Island Festival Park, One
Festival Park, Manteo, NC 27954.
May 18, 2006, 7–9 p.m., Morehead
City, NC - Joslyn Hall Auditorium,
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Carteret Community College, 3505
Arendell Street, Morehead City, NC
28557.
May 19, 2006, 7–9 p.m., Wilmington,
NC - Southern District Office, North
Carolina Division of Marine Fisheries,
127 Cardinal Drive, Wilmington, NC
28405.
May 22, 2006, 7–9 p.m., Beaufort, SC
- Beaufort County Clemson Extension
Service Office, 102 Beaufort Industrial
Village, Suite 101, Beaufort, SC 29901.
May 23, 2006, 7–9 p.m., Midway, GA
- Holton’s Restaurant, 13711 Oglethorpe
Highway (off I–95 exit 76), Midway, GA
31320.
May 24, 2006, 7–9 p.m., Mayport, FL
- Marine Science Educational Center,
1347 Palmer Street, Mayport, FL 32233.
May 25, 2006, 7–9 p.m., Fort Pierce,
FL - Fort Pierce Branch Library, 101
Melody Lane, Fort Pierce, FL 34950.
Dated: May 10, 2006.
Angela Somma,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E6–7441 Filed 5–15–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 060216043–6123–02; I.D.
021306C]
RIN 0648–AS70
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources of the
Gulf of Mexico and South Atlantic;
Reef Fish Fishery of the Gulf of
Mexico; Limited Access Program for
Gulf Charter Vessels and Headboats
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues this final rule to
implement Amendment 17 to the
Fishery Management Plan for the
Coastal Migratory Pelagic Resources of
the Gulf of Mexico and South Atlantic
(Amendment 17) and Amendment 25 to
the Fishery Management Plan for the
Reef Fish Resources of the Gulf of
Mexico (Amendment 25) prepared by
the Gulf of Mexico Fishery Management
Council (Council). This final rule
establishes a limited access system for
charter vessel/headboat (for-hire)
permits for the reef fish and coastal
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migratory pelagic fisheries in the
exclusive economic zone (EEZ) of the
Gulf of Mexico and will continue to cap
participation at current levels. In
addition, this final rule incorporates a
number of minor revisions to remove
outdated regulatory text and to clarify
regulatory text. The intended effect of
this final rule is to provide for
biological, social, and economic
stability in these for-hire fisheries.
DATES: This final rule is effective June
15, 2006.
ADDRESSES: Copies of the Final
Regulatory Flexibility Analysis (FRFA)
are available from Jason Rueter, NMFS,
Southeast Regional Office, 263 13th
Avenue South, St. Petersburg, FL 33701;
telephone 727–824–5305; fax 727–824–
5308; e-mail Jason.Rueter@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Jason Rueter, telephone: 727–570–5305;
fax: 727–570–5583; e-mail:
Jason.Rueter@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) prepared by the
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) 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 MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) by regulations at 50 CFR part 622.
NMFS approved Amendments 17 and
25 on May 8, 2006. NMFS published the
proposed rule to implement
Amendments 17 and 25 and requested
public comment on the proposed rule
through April 27, 2006 (71 FR 12662,
March 13, 2006). The rationale for the
measures in Amendments 17 and 25 is
provided in the preamble to the
proposed rule and is not repeated here.
Comments and Responses
NMFS received one comment on the
proposed rule.
Comment: One commenter requested
the Council create a new permit for
catch and release fishing only for small
charter operators (four or less
passengers).
Response: The purpose of this rule is
to continue the cap on participation in
the for-hire sector of the respective
fisheries. This comment is beyond the
scope of the proposed rule and,
therefore, is not addressed. NMFS will
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forward this comment to the Council for
consideration of future management
actions.
Classification
The Administrator, Southeast Region,
NMFS, determined Amendments 17 and
25 are necessary for the conservation
and management of the reef fish and
coastal migratory pelagic fisheries and
are consistent with the MagnusonStevens Act and other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
A FRFA was prepared for this action.
The FRFA incorporates the initial
regulatory flexibility analysis (IRFA)
and a summary of the analyses
completed to support the action. No
public comments were received
regarding the IRFA or economic issues.
A summary of the analyses follows.
The Magnuson-Stevens Act provides
the statutory basis for the final rule. The
final rule will establish a limited access
system on for-hire reef fish and coastal
migratory pelagics (CMP) permits. In
effect, this rule will extend indefinitely
the current moratorium on these
permits, which is set to expire on June
16, 2006.
The main objective of the final rule is
to control increases in for-hire fishing
vessels or passenger capacity while the
Council determines an appropriate
management strategy for the for-hire
fishery. Such strategy would be in the
nature of stabilizing or reducing for-hire
fishing mortality for reef fish and CMP
stocks that have rebuilding plans or are
overfished or undergoing overfishing.
Permitting of for-hire vessels has been
required since 1987 for CMP and 1996
for reef fish. It is estimated that, when
the current moratorium was established
in 2003, NMFS issued for-hire
moratorium permits to 1,857 vessels but
at the same time excluded 510 to 899
vessels. Some of the excluded vessels
left the fishery before the moratorium
took effect. Some of those that were still
in operation but inadvertently excluded
from the moratorium were allowed to
re-enter the fishery through an
emergency action. Both included and
excluded vessels may be considered to
comprise the universe of vessels
affected by the final rule.
For-hire vessels with initial
moratorium permits operate as charter
vessels only, headboats only, or charter
vessel/headboat combination. Some forhire vessels also operate as commercial
fishing vessels at certain times of the
year. However, most (66.7 percent)
operate as charter vessels only, and a
great majority of these vessels (87.7
percent) operate in both the CMP and
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reef fish fisheries. About 69 percent of
these vessels are individually owned
and operated; 27 percent have corporate
ownership; and the rest are in some
other form of ownership.
Florida is the homeport state of most
vessels, followed in order by Texas,
Alabama, Louisiana, Mississippi, and
other states. In the absence of relevant
information, vessels excluded from the
moratorium are deemed to have the
same characteristics as those that
obtained moratorium permits.
For-hire vessel costs and revenues are
not routinely collected. For the purpose
of this amendment, data from two
previous studies (Holland et al., 1999;
Sutton et al., 1999) were pooled to
characterize the financial performance
of for-hire vessels. Charter vessels
charge their fees on a group basis while
headboats do it on a per-person (head)
basis. On average, a charter vessel
generates $76,960 in annual revenues
and $36,758 in annual operating profits.
An average headboat, on the other hand,
generates $404,172 in annual revenues
and $338,209 in annual operating
profits. Excluding fixed and other nonoperating expenses, both types of forhire operations generate positive profits.
On average, both charter vessels and
headboats operate at about 50 percent of
their passenger capacity per trip.
The financial performance of charter
vessels and headboats varies according
to the size of operation (passenger
capacity) and geographic areas. For
headboats, revenues range from
$298,812 ($263,062 profits) for 13 to 30
maximum passenger capacity to
$570,376 ($460,760 profits) for 61 or
greater maximum passenger capacity.
For charterboats, revenues range from
$70,491 ($34,949 profits) for the 6 and
under maximum passenger capacity to
$129,813 ($86,502 profits) for the 7–12
maximum passenger capacity vessels.
Florida charter vessels generate annual
revenues of $68,233 ($30,249 profits),
while their counterparts in other areas
earn $106,118 in annual revenues
($43,494 profits). Florida headboats
generate annual revenues of $318,512
($249,103 profits), while their
counterparts in the other areas earn
revenues of $630,046 ($542,425 profits).
In general, then, larger for-hire vessels
generate larger profits, and for-hire
vessels in Florida earn lower profits
than those in other areas.
A fishing business is considered a
small entity if it is independently
owned and operated and not dominant
in its field of operation, and if it has
annual receipts not in excess of $6
million in the case of for-hire entities.
Given the data on revenues and profits,
the for-hire vessels affected by the final
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Federal Register / Vol. 71, No. 94 / Tuesday, May 16, 2006 / Rules and Regulations
rule are determined to be small business
entities, so the issue of
disproportionality does not arise. In
general, headboat operations are larger
than charter vessel operations in terms
of revenues and costs as well as vessel
and crew sizes and passenger capacity.
There are also variations in the size of
operations within the charter vessel and
headboat classes.
There are two types of effects on
profitability depending on whether a
vessel is included or excluded in the
for-hire fishery. Those included are
expected to either maintain or increase
their returns from for-hire operations as
they face less competition. Those
excluded would continue to forgo all
their profits from for-hire operations
related to reef fish or CMP fisheries in
the EEZ, although they may still earn
profits from their state water for-hire
operations or commercial fishing
operations. For those that mainly
depend on fishing trips in the EEZ, their
profits would be substantially reduced.
For those that can still operate as
commercial fishing vessels or for-hire
vessels in state waters, the reduction in
profits may be deemed to be
proportionate to their operations in the
EEZ. It is likely that profits from EEZ
operations are either a major component
of these vessels’ total profits or are
crucial profit components to remain
viable business operations. The final
rule is, therefore, expected to
significantly reduce the profits of
excluded for-hire vessels. Hence, the
final rule is expected to significantly
reduce the profits of a substantial
number of small entities. However,
three issues are worth noting here. First,
the emergency rule to re-open the
charter permit process allowed the reentry of some vessels excluded by the
initial moratorium. Second, vessels that
remain in the for-hire fishery would be
in a better position to experience profit
increases. Whether such profit increases
would totally compensate for profit
losses from excluded vessels cannot be
determined. Third, future entrants into
the fishery would have to expend an
additional fixed cost in the form of
purchase cost of the charter permit. This
cost would have to be explicitly
considered by new entrants as an
integral part of their decision to invest
in the for-hire fishery.
Because the final rule simply extends
the current moratorium on the issuance
of new for-hire permits, it would not
impose any additional record keeping or
reporting requirements. Also, all the
compliance requirements currently in
place will remain the same. Similarly,
the final rule will not affect current
permitting, certifications, and other
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requirements by other Federal agencies,
and thus it would not in any way
conflict or be duplicative of any relevant
Federal rules.
The other alternatives considered in
this amendment are the no action
alternative, which would allow the
moratorium to expire in 2006; extension
of the moratorium by 5 years; and
extension of the moratorium by 10
years. The alternatives that would
extend the moratorium by 5 years or 10
years have similar effects as the final
rule, although the magnitudes involved
are lower. The no action alternative
would benefit vessel operations reentering the for-hire fishery as well as
new entrants because they would not
have to expend the additional cost of
purchasing permits. But their entrance
into the for-hire fishery would impinge
on the profitability of existing vessel
operations as well as potentially
increase the harvest and discards of
certain species that are overfished or
undergoing overfishing. A reversion to
open access in the for-hire fishery
would also complicate the management
measures the Council might adopt for
the fishery to address overfishing issues.
Moreover, the no action alternative
would only exacerbate the excess
capacity problem in the for-hire fishery,
especially that portion under the
present moratorium: for-hire vessels that
are operating at about half their
capacity.
Certain measures have already been
adopted to mitigate the adverse
economic impacts of the moratorium.
These include (1) relatively liberal
qualifying eligibility criteria for the
moratorium permits, such as the
inclusion of most historical participants,
historical captains, and those who
already committed money for the
construction of vessels; (2) liberal
provision for renewing for-hire permits;
(3) transferability of for-hire permits,
except historical captain permits; and,
(4) an emergency action re-opening the
moratorium permit application process
to participants inadvertently excluded
from the moratorium. Additionally, reentrants and new entrants can
participate in the for-hire fishery by
purchasing permits from current permit
holders. These features are preserved
under the final rule.
Copies of the FRFA are available from
NMFS (see ADDRESSES).
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
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Dated: May 11, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
I
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.3, paragraph (b) is revised
to read as follows:
I
§ 622.3 Relation to other laws and
regulations.
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(b) Except for regulations on
allowable octocoral, Gulf and South
Atlantic prohibited coral, and live rock,
this part is intended to apply within the
EEZ portions of applicable National
Marine Sanctuaries and National Parks,
unless the regulations governing such
sanctuaries or parks prohibit their
application. Regulations on allowable
octocoral, Gulf and South Atlantic
prohibited coral, and live rock do not
apply within the EEZ portions of the
following National Marine Sanctuaries
and National Parks:
(1) Florida Keys National Marine
Sanctuary (15 CFR part 922, subpart P).
(2) Gray’s Reef National Marine
Sanctuary (15 CFR part 922, subpart I).
(3) Monitor National Marine
Sanctuary (15 CFR part 922, subpart F).
(4) Everglades National Park (36 CFR
7.45).
(5) Biscayne National Park (16 U.S.C.
410gg).
(6) Fort Jefferson National Monument
(36 CFR 7.27).
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I 3. In § 622.4, paragraphs (a)(1)(ii) and
(r) are revised to read as follows:
§ 622.4
Permits and fees.
(a) * * *
(1) * * *
(ii) See paragraph (r) of this section
regarding a limited access system for
charter vessel/headboat permits for Gulf
reef fish and Gulf coastal migratory
pelagic fish.
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(r) Limited access system for charter
vessel/headboat permits for Gulf coastal
migratory pelagic fish and Gulf reef fish.
No applications for additional charter
vessel/headboat permits for Gulf coastal
migratory pelagic fish or Gulf reef fish
will be accepted. Existing permits may
be renewed, are subject to the
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restrictions on transfer in paragraph
(r)(1) of this section, and are subject to
the renewal requirements in paragraph
(r)(2) of this section.
(1) Transfer of permits—(i) Permits
without a historical captain
endorsement. A charter vessel/headboat
permit for Gulf coastal migratory pelagic
fish or Gulf reef fish that does not have
a historical captain endorsement is fully
transferable, with or without sale of the
permitted vessel, except that no transfer
is allowed to a vessel with a greater
authorized passenger capacity than that
of the vessel to which the moratorium
permit was originally issued, as
specified on the face of the permit being
transferred. An application to transfer a
permit to an inspected vessel must
include a copy of that vessel’s current
USCG Certificate of Inspection (COI). A
vessel without a valid COI will be
considered an uninspected vessel with
an authorized passenger capacity
restricted to six or fewer passengers.
(ii) Permits with a historical captain
endorsement. A charter vessel/headboat
permit for Gulf coastal migratory pelagic
fish or Gulf reef fish that has a historical
captain endorsement may only be
transferred to a vessel operated by the
historical captain, cannot be transferred
to a vessel with a greater authorized
passenger capacity than that of the
vessel to which the moratorium permit
was originally issued, as specified on
the face of the permit being transferred,
and is not otherwise transferable.
(iii) Procedure for permit transfer. To
request that the RA transfer a charter
vessel/headboat permit for Gulf coastal
migratory pelagic fish or Gulf reef fish,
the owner of the vessel who is
transferring the permit and the owner of
the vessel that is to receive the
transferred permit must complete the
transfer information on the reverse side
of the permit and return the permit and
a completed application for transfer to
the RA. See paragraph (g)(1) of this
section for additional transfer-related
requirements applicable to all permits
issued under this section.
(2) Renewal. (i) Renewal of a charter
vessel/headboat permit for Gulf coastal
migratory pelagic fish or Gulf reef fish
is contingent upon the permitted vessel
and/or captain, as appropriate, being
included in an active survey frame for,
and, if selected to report, providing the
information required in one of the
approved fishing data surveys. Surveys
include, but are not limited to—
(A) NMFS’ Marine Recreational
Fishing Vessel Directory Telephone
Survey (conducted by the Gulf States
Marine Fisheries Commission);
(B) NMFS’ Southeast Headboat
Survey (as required by § 622.5(b)(1);
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(C) Texas Parks and Wildlife Marine
Recreational Fishing Survey; or
(D) A data collection system that
replaces one or more of the surveys in
paragraph (r)(2)(i)(A),(B), or (C) of this
section.
(ii) A charter vessel/headboat permit
for Gulf coastal migratory pelagic fish or
Gulf reef fish that is not renewed or that
is revoked will not be reissued. A
permit is considered to be not renewed
when an application for renewal, as
required, is not received by the RA
within 1 year of the expiration date of
the permit.
(3) Requirement to display a vessel
decal. Upon renewal or transfer of a
charter vessel/headboat permit for Gulf
coastal migratory pelagic fish or Gulf
reef fish, the RA will issue the owner of
the permitted vessel a vessel decal for
the applicable permitted fishery or
fisheries. The vessel decal must be
displayed on the port side of the
deckhouse or hull and must be
maintained so that it is clearly visible.
§ 622.42
[Amended]
4. In § 622.42, paragraph (a)(3) is
removed.
I
[FR Doc. 06–4554 Filed 5–15–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 060216045–6045–01; I.D.
051006A]
Fisheries of the Exclusive Economic
Zone Off Alaska; Alaska Plaice in the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; apportionment
of reserves; request for comments.
AGENCY:
SUMMARY: NMFS apportions amounts of
the non-specified reserve of groundfish
to the Alaska plaice initial total
allowable catch (ITAC) in the Bering Sea
and Aleutian Islands management area
(BSAI). This action is necessary to allow
the fishery to continue operating. It is
intended to promote the goals and
objectives of the fishery management
plan for the BSAI.
DATES: Effective May 16, 2006 through
2400 hrs, Alaska local time, December
31, 2006. Comments must be received at
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28285
the following address no later than 4:30
p.m., Alaska local time, May 26, 2006.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Records Officer. Comments may be
submitted by:
• Mail: P.O. Box 21668, Juneau, AK
99802;
• Hand delivery: 709 West 9th Street,
Room 420A, Juneau, Alaska;
• FAX: 907–586–7557;
• E-mail: bsairelakpl@noaa.gov and
include in the subject line of the e-mail
comment the document identifier:
bsairelakpl. Email comments with or
without attachments are limited to 5
megabytes.
• Webform at the Federal eRulemaking
Portal: www.regulations.gov. Follow the
instructions at that site for submitting
comments.
FOR FURTHER INFORMATION CONTACT:
Josh
Keaton, 907–586–7228.
NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2006 ITAC of Alaska plaice in the
BSAI was established as 6,800 metric
tons by the 2006 and 2007 final harvest
specifications for groundfish in the
BSAI (71 FR 10894, March 3, 2006). The
Administrator, Alaska Region, NMFS,
has determined that the ITAC for Alaska
plaice in the BSAI needs to be
supplemented from the non-specified
reserve in order to continue operations.
Therefore, in accordance with
§ 679.20(b)(3), NMFS apportions 7,000
metric tons from the non-specified
reserve of groundfish to the Alaska
plaice ITAC in the BSAI for a revised
total of 13,800 mt. This apportionment
is consistent with § 679.20(b)(1)(ii) and
does not result in overfishing of a target
species because the revised ITAC is
equal to or less than the specification of
the acceptable biological catch (71 FR
10894, March 3, 2006).
SUPPLEMENTARY INFORMATION:
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA) finds good cause to waive the
E:\FR\FM\16MYR1.SGM
16MYR1
]]>Agencies
[Federal Register Volume 71, Number 94 (Tuesday, May 16, 2006)]
[Rules and Regulations]
[Pages 28282-28285]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4554]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 060216043-6123-02; I.D. 021306C]
RIN 0648-AS70
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic; Reef Fish Fishery of the Gulf of Mexico; Limited Access
Program for Gulf Charter Vessels and Headboats
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement Amendment 17 to the
Fishery Management Plan for the Coastal Migratory Pelagic Resources of
the Gulf of Mexico and South Atlantic (Amendment 17) and Amendment 25
to the Fishery Management Plan for the Reef Fish Resources of the Gulf
of Mexico (Amendment 25) prepared by the Gulf of Mexico Fishery
Management Council (Council). This final rule establishes a limited
access system for charter vessel/headboat (for-hire) permits for the
reef fish and coastal
[[Page 28283]]
migratory pelagic fisheries in the exclusive economic zone (EEZ) of the
Gulf of Mexico and will continue to cap participation at current
levels. In addition, this final rule incorporates a number of minor
revisions to remove outdated regulatory text and to clarify regulatory
text. The intended effect of this final rule is to provide for
biological, social, and economic stability in these for-hire fisheries.
DATES: This final rule is effective June 15, 2006.
ADDRESSES: Copies of the Final Regulatory Flexibility Analysis (FRFA)
are available from Jason Rueter, NMFS, Southeast Regional Office, 263
13\th\ Avenue South, St. Petersburg, FL 33701; telephone 727-824-5305;
fax 727-824-5308; e-mail Jason.Rueter@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Jason Rueter, telephone: 727-570-5305;
fax: 727-570-5583; e-mail: Jason.Rueter@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) prepared by the 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) 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.
NMFS approved Amendments 17 and 25 on May 8, 2006. NMFS published
the proposed rule to implement Amendments 17 and 25 and requested
public comment on the proposed rule through April 27, 2006 (71 FR
12662, March 13, 2006). The rationale for the measures in Amendments 17
and 25 is provided in the preamble to the proposed rule and is not
repeated here.
Comments and Responses
NMFS received one comment on the proposed rule.
Comment: One commenter requested the Council create a new permit
for catch and release fishing only for small charter operators (four or
less passengers).
Response: The purpose of this rule is to continue the cap on
participation in the for-hire sector of the respective fisheries. This
comment is beyond the scope of the proposed rule and, therefore, is not
addressed. NMFS will forward this comment to the Council for
consideration of future management actions.
Classification
The Administrator, Southeast Region, NMFS, determined Amendments 17
and 25 are necessary for the conservation and management of the reef
fish and coastal migratory pelagic fisheries and are consistent with
the Magnuson-Stevens Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
A FRFA was prepared for this action. The FRFA incorporates the
initial regulatory flexibility analysis (IRFA) and a summary of the
analyses completed to support the action. No public comments were
received regarding the IRFA or economic issues. A summary of the
analyses follows.
The Magnuson-Stevens Act provides the statutory basis for the final
rule. The final rule will establish a limited access system on for-hire
reef fish and coastal migratory pelagics (CMP) permits. In effect, this
rule will extend indefinitely the current moratorium on these permits,
which is set to expire on June 16, 2006.
The main objective of the final rule is to control increases in
for-hire fishing vessels or passenger capacity while the Council
determines an appropriate management strategy for the for-hire fishery.
Such strategy would be in the nature of stabilizing or reducing for-
hire fishing mortality for reef fish and CMP stocks that have
rebuilding plans or are overfished or undergoing overfishing.
Permitting of for-hire vessels has been required since 1987 for CMP
and 1996 for reef fish. It is estimated that, when the current
moratorium was established in 2003, NMFS issued for-hire moratorium
permits to 1,857 vessels but at the same time excluded 510 to 899
vessels. Some of the excluded vessels left the fishery before the
moratorium took effect. Some of those that were still in operation but
inadvertently excluded from the moratorium were allowed to re-enter the
fishery through an emergency action. Both included and excluded vessels
may be considered to comprise the universe of vessels affected by the
final rule.
For-hire vessels with initial moratorium permits operate as charter
vessels only, headboats only, or charter vessel/headboat combination.
Some for-hire vessels also operate as commercial fishing vessels at
certain times of the year. However, most (66.7 percent) operate as
charter vessels only, and a great majority of these vessels (87.7
percent) operate in both the CMP and reef fish fisheries. About 69
percent of these vessels are individually owned and operated; 27
percent have corporate ownership; and the rest are in some other form
of ownership.
Florida is the homeport state of most vessels, followed in order by
Texas, Alabama, Louisiana, Mississippi, and other states. In the
absence of relevant information, vessels excluded from the moratorium
are deemed to have the same characteristics as those that obtained
moratorium permits.
For-hire vessel costs and revenues are not routinely collected. For
the purpose of this amendment, data from two previous studies (Holland
et al., 1999; Sutton et al., 1999) were pooled to characterize the
financial performance of for-hire vessels. Charter vessels charge their
fees on a group basis while headboats do it on a per-person (head)
basis. On average, a charter vessel generates $76,960 in annual
revenues and $36,758 in annual operating profits. An average headboat,
on the other hand, generates $404,172 in annual revenues and $338,209
in annual operating profits. Excluding fixed and other non-operating
expenses, both types of for-hire operations generate positive profits.
On average, both charter vessels and headboats operate at about 50
percent of their passenger capacity per trip.
The financial performance of charter vessels and headboats varies
according to the size of operation (passenger capacity) and geographic
areas. For headboats, revenues range from $298,812 ($263,062 profits)
for 13 to 30 maximum passenger capacity to $570,376 ($460,760 profits)
for 61 or greater maximum passenger capacity. For charterboats,
revenues range from $70,491 ($34,949 profits) for the 6 and under
maximum passenger capacity to $129,813 ($86,502 profits) for the 7-12
maximum passenger capacity vessels. Florida charter vessels generate
annual revenues of $68,233 ($30,249 profits), while their counterparts
in other areas earn $106,118 in annual revenues ($43,494 profits).
Florida headboats generate annual revenues of $318,512 ($249,103
profits), while their counterparts in the other areas earn revenues of
$630,046 ($542,425 profits). In general, then, larger for-hire vessels
generate larger profits, and for-hire vessels in Florida earn lower
profits than those in other areas.
A fishing business is considered a small entity if it is
independently owned and operated and not dominant in its field of
operation, and if it has annual receipts not in excess of $6 million in
the case of for-hire entities. Given the data on revenues and profits,
the for-hire vessels affected by the final
[[Page 28284]]
rule are determined to be small business entities, so the issue of
disproportionality does not arise. In general, headboat operations are
larger than charter vessel operations in terms of revenues and costs as
well as vessel and crew sizes and passenger capacity. There are also
variations in the size of operations within the charter vessel and
headboat classes.
There are two types of effects on profitability depending on
whether a vessel is included or excluded in the for-hire fishery. Those
included are expected to either maintain or increase their returns from
for-hire operations as they face less competition. Those excluded would
continue to forgo all their profits from for-hire operations related to
reef fish or CMP fisheries in the EEZ, although they may still earn
profits from their state water for-hire operations or commercial
fishing operations. For those that mainly depend on fishing trips in
the EEZ, their profits would be substantially reduced. For those that
can still operate as commercial fishing vessels or for-hire vessels in
state waters, the reduction in profits may be deemed to be
proportionate to their operations in the EEZ. It is likely that profits
from EEZ operations are either a major component of these vessels'
total profits or are crucial profit components to remain viable
business operations. The final rule is, therefore, expected to
significantly reduce the profits of excluded for-hire vessels. Hence,
the final rule is expected to significantly reduce the profits of a
substantial number of small entities. However, three issues are worth
noting here. First, the emergency rule to re-open the charter permit
process allowed the re-entry of some vessels excluded by the initial
moratorium. Second, vessels that remain in the for-hire fishery would
be in a better position to experience profit increases. Whether such
profit increases would totally compensate for profit losses from
excluded vessels cannot be determined. Third, future entrants into the
fishery would have to expend an additional fixed cost in the form of
purchase cost of the charter permit. This cost would have to be
explicitly considered by new entrants as an integral part of their
decision to invest in the for-hire fishery.
Because the final rule simply extends the current moratorium on the
issuance of new for-hire permits, it would not impose any additional
record keeping or reporting requirements. Also, all the compliance
requirements currently in place will remain the same. Similarly, the
final rule will not affect current permitting, certifications, and
other requirements by other Federal agencies, and thus it would not in
any way conflict or be duplicative of any relevant Federal rules.
The other alternatives considered in this amendment are the no
action alternative, which would allow the moratorium to expire in 2006;
extension of the moratorium by 5 years; and extension of the moratorium
by 10 years. The alternatives that would extend the moratorium by 5
years or 10 years have similar effects as the final rule, although the
magnitudes involved are lower. The no action alternative would benefit
vessel operations re-entering the for-hire fishery as well as new
entrants because they would not have to expend the additional cost of
purchasing permits. But their entrance into the for-hire fishery would
impinge on the profitability of existing vessel operations as well as
potentially increase the harvest and discards of certain species that
are overfished or undergoing overfishing. A reversion to open access in
the for-hire fishery would also complicate the management measures the
Council might adopt for the fishery to address overfishing issues.
Moreover, the no action alternative would only exacerbate the excess
capacity problem in the for-hire fishery, especially that portion under
the present moratorium: for-hire vessels that are operating at about
half their capacity.
Certain measures have already been adopted to mitigate the adverse
economic impacts of the moratorium. These include (1) relatively
liberal qualifying eligibility criteria for the moratorium permits,
such as the inclusion of most historical participants, historical
captains, and those who already committed money for the construction of
vessels; (2) liberal provision for renewing for-hire permits; (3)
transferability of for-hire permits, except historical captain permits;
and, (4) an emergency action re-opening the moratorium permit
application process to participants inadvertently excluded from the
moratorium. Additionally, re-entrants and new entrants can participate
in the for-hire fishery by purchasing permits from current permit
holders. These features are preserved under the final rule.
Copies of the FRFA are available from NMFS (see ADDRESSES).
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: May 11, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, 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. 622.3, paragraph (b) is revised to read as follows:
Sec. 622.3 Relation to other laws and regulations.
* * * * *
(b) Except for regulations on allowable octocoral, Gulf and South
Atlantic prohibited coral, and live rock, this part is intended to
apply within the EEZ portions of applicable National Marine Sanctuaries
and National Parks, unless the regulations governing such sanctuaries
or parks prohibit their application. Regulations on allowable
octocoral, Gulf and South Atlantic prohibited coral, and live rock do
not apply within the EEZ portions of the following National Marine
Sanctuaries and National Parks:
(1) Florida Keys National Marine Sanctuary (15 CFR part 922,
subpart P).
(2) Gray's Reef National Marine Sanctuary (15 CFR part 922, subpart
I).
(3) Monitor National Marine Sanctuary (15 CFR part 922, subpart F).
(4) Everglades National Park (36 CFR 7.45).
(5) Biscayne National Park (16 U.S.C. 410gg).
(6) Fort Jefferson National Monument (36 CFR 7.27).
* * * * *
0
3. In Sec. 622.4, paragraphs (a)(1)(ii) and (r) are revised to read as
follows:
Sec. 622.4 Permits and fees.
(a) * * *
(1) * * *
(ii) See paragraph (r) of this section regarding a limited access
system for charter vessel/headboat permits for Gulf reef fish and Gulf
coastal migratory pelagic fish.
* * * * *
(r) Limited access system for charter vessel/headboat permits for
Gulf coastal migratory pelagic fish and Gulf reef fish. No applications
for additional charter vessel/headboat permits for Gulf coastal
migratory pelagic fish or Gulf reef fish will be accepted. Existing
permits may be renewed, are subject to the
[[Page 28285]]
restrictions on transfer in paragraph (r)(1) of this section, and are
subject to the renewal requirements in paragraph (r)(2) of this
section.
(1) Transfer of permits--(i) Permits without a historical captain
endorsement. A charter vessel/headboat permit for Gulf coastal
migratory pelagic fish or Gulf reef fish that does not have a
historical captain endorsement is fully transferable, with or without
sale of the permitted vessel, except that no transfer is allowed to a
vessel with a greater authorized passenger capacity than that of the
vessel to which the moratorium permit was originally issued, as
specified on the face of the permit being transferred. An application
to transfer a permit to an inspected vessel must include a copy of that
vessel's current USCG Certificate of Inspection (COI). A vessel without
a valid COI will be considered an uninspected vessel with an authorized
passenger capacity restricted to six or fewer passengers.
(ii) Permits with a historical captain endorsement. A charter
vessel/headboat permit for Gulf coastal migratory pelagic fish or Gulf
reef fish that has a historical captain endorsement may only be
transferred to a vessel operated by the historical captain, cannot be
transferred to a vessel with a greater authorized passenger capacity
than that of the vessel to which the moratorium permit was originally
issued, as specified on the face of the permit being transferred, and
is not otherwise transferable.
(iii) Procedure for permit transfer. To request that the RA
transfer a charter vessel/headboat permit for Gulf coastal migratory
pelagic fish or Gulf reef fish, the owner of the vessel who is
transferring the permit and the owner of the vessel that is to receive
the transferred permit must complete the transfer information on the
reverse side of the permit and return the permit and a completed
application for transfer to the RA. See paragraph (g)(1) of this
section for additional transfer-related requirements applicable to all
permits issued under this section.
(2) Renewal. (i) Renewal of a charter vessel/headboat permit for
Gulf coastal migratory pelagic fish or Gulf reef fish is contingent
upon the permitted vessel and/or captain, as appropriate, being
included in an active survey frame for, and, if selected to report,
providing the information required in one of the approved fishing data
surveys. Surveys include, but are not limited to--
(A) NMFS' Marine Recreational Fishing Vessel Directory Telephone
Survey (conducted by the Gulf States Marine Fisheries Commission);
(B) NMFS' Southeast Headboat Survey (as required by Sec.
622.5(b)(1);
(C) Texas Parks and Wildlife Marine Recreational Fishing Survey; or
(D) A data collection system that replaces one or more of the
surveys in paragraph (r)(2)(i)(A),(B), or (C) of this section.
(ii) A charter vessel/headboat permit for Gulf coastal migratory
pelagic fish or Gulf reef fish that is not renewed or that is revoked
will not be reissued. A permit is considered to be not renewed when an
application for renewal, as required, is not received by the RA within
1 year of the expiration date of the permit.
(3) Requirement to display a vessel decal. Upon renewal or transfer
of a charter vessel/headboat permit for Gulf coastal migratory pelagic
fish or Gulf reef fish, the RA will issue the owner of the permitted
vessel a vessel decal for the applicable permitted fishery or
fisheries. The vessel decal must be displayed on the port side of the
deckhouse or hull and must be maintained so that it is clearly visible.
Sec. 622.42 [Amended]
0
4. In Sec. 622.42, paragraph (a)(3) is removed.
[FR Doc. 06-4554 Filed 5-15-06; 8:45 am]
BILLING CODE 3510-22-S
