Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery off the Southern Atlantic States; Amendment 7, 50699-50705 [E9-23703]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 74, Number 189 (Thursday, October 1, 2009)]
[Rules and Regulations]
[Pages 50699-50705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23703]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 622

[Docket No. 071025620-91118-03]
RIN 0648-AW19


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

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement Amendment 7 to the 
Fishery Management Plan for the Shrimp Fishery of the South Atlantic 
Region (FMP), as prepared and submitted by the South Atlantic Fishery 
Management Council (Council). For South Atlantic rock shrimp, this 
final rule renames the rock shrimp permit and endorsement; requires all 
South Atlantic shrimp permit holders to provide economic data if 
selected; reinstates all limited access rock shrimp endorsements for 
those vessel owners who renewed their open access permit in the year in 
which they failed to renew their limited access endorsement; removes 
the 15,000-lb (6,804-kg) rock shrimp landing requirement; and 
reinstates all limited access rock shrimp endorsements lost due to not 
meeting the landing requirement. NMFS also implements several non-
substantive changes in codified text through this final rule. NMFS also 
informs the public of the approval by the Office of Management and 
Budget (OMB) of the collection-of-information requirement contained in 
this final rule and publishes the OMB control number for that 
collection. The intended effect of this final rule is to improve data 
collection, reduce permit confusion, and maintain a viable rock shrimp 
fishery in the South Atlantic region.

DATES: This final rule is effective November 2, 2009.

ADDRESSES: Copies of the Environmental Assessment, the Final Regulatory 
Flexibility Analysis (FRFA), and the Finding of No Significant Impact 
may be obtained from Susan Gerhart, Southeast Regional Office, NMFS, 
263 13th Avenue South, St. Petersburg, FL 33701; telephone 727-824-
5305; fax 727-824-5308.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information

[[Page 50700]]

requirements contained in this final rule may be submitted to Rich 
Malinowski, Southeast Regional Office, NMFS, and by e-mail to David_Rostker@omb.eop.gov, or by fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305.

SUPPLEMENTARY INFORMATION: The shrimp fishery off the southern Atlantic 
states is managed under the FMP. The FMP was prepared by the Council 
and is implemented under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) by regulations 
at 50 CFR part 622.
    On June 1, 2009, NMFS published a notice of availability for 
Amendment 7 and requested public comments (74 FR 26170). On June 24, 
2009, NMFS published the proposed rule to implement Amendment 7 and 
requested public comments (74 FR 30034). NMFS approved Amendment 7 on 
August 19, 2009. The rationale for the measures contained in Amendment 
7 is provided in the amendment and the preamble to the proposed rule 
and is not repeated here.

Comments and Responses

    NMFS received 153 public comments on Amendment 7 and the proposed 
rule, including 1 comment from a governmental agency, 148 comments from 
individuals (including 145 copies of a form letter sent by 
individuals), and 4 comments from non-governmental agencies. Six 
comments were in favor of the measures contained in the amendment and 
the rule, and the remaining comments, including all those in the form 
letter, were opposed to the amendment and the rule. The following is a 
summary of the comments received that were opposed to the amendment and 
the rule, and NMFS' respective responses.
    Comment 1: Commenters who signed the form letter stated that rock 
shrimping kills juvenile red snapper and grouper; therefore, all 
shrimping in the EEZ should be eliminated.
    Response: No evidence exists that the rock shrimp trawl fleet 
captures juvenile red snapper. During 2001-2006, NMFS initiated 
observer coverage of the rock shrimp fishery in the U.S. southeastern 
Atlantic (east coast). The primary objective of this effort was to 
estimate catch rates for target and non-target species. Results of this 
study show rock shrimp comprised 16 percent of the total catch, 
followed by dusky flounder (13 percent), inshore lizardfish (11 
percent), iridescent swimming crab (7 percent), longspine swimming crab 
(6 percent), spot (5 percent), blotched swimming crab and brown shrimp 
(3 percent each), and horned searobin and brown rock shrimp (2 percent 
each). Other finfish species were rock sea bass, bluespotted searobin, 
red goatfish, and lefteye flounder. Most of these species, with the 
exception of spot, are not targeted in commercial or recreational 
fisheries. A summary of bycatch issues for the rock shrimp fishery and 
a report on the above study can be found in Amendment 7 to the Shrimp 
FMP.
    Confusion about rock shrimp bycatch likely results from evidence 
that the fishery for penaeid shrimp (pink, white, and brown shrimp) in 
the Gulf of Mexico catches a high level of juvenile red snapper. 
However, no evidence exists that the penaeid shrimp fishery in the 
South Atlantic has the same level of red snapper catch. In fact, the 
Southeast Area Monitoring and Assessment Program - South Atlantic 
Coastal Survey has not caught any red snapper during shallow water 
trawl studies since 2007, and no more than two red snapper in any year 
during 1995-2007.
    Comment 2: One individual stated no permits should be required for 
rock shrimp fishing because the cost and difficulty of finding rock 
shrimp effectively regulate the fishery.
    Response: Permits have been required in the South Atlantic rock 
shrimp fishery since 1996. Permits provide NMFS with a vehicle to 
collect data on fishing activity and catch, and to help enforce 
regulations for vessels subject to Federal jurisdiction. The data on 
fishing activity and catch are necessary for the Council and NMFS to 
comply with the Magnuson-Stevens Act and other applicable laws.

Other Non-Substantive Changes Implemented by NMFS

    This final rule corrects a number of non-substantive errors in 50 
CFR part 622. In Sec.  622.6, this rule corrects a subject heading that 
was misidentified as ``Gulf and South Atlantic EEZ'', as it should read 
``South Atlantic EEZ''. In Sec.  622.34, a subject heading is added to 
paragraph (k)(1) because it had been inadvertently removed in a prior 
rulemaking. In Sec.  622.41, paragraphs (a)(4)(i)-(iii) are added to 
paragraph (a)(4), as these paragraphs were inadvertently removed in a 
prior rulemaking. These corrections are unrelated to the actions taken 
via Amendment 7.

Classification

    The Administrator, Southeast Region, NMFS, determined that 
Amendment 7 is necessary for the conservation and management of the 
shrimp fishery and is 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.
    An FRFA was prepared. The FRFA incorporates the initial regulatory 
flexibility analysis (IRFA), a summary of the significant economic 
issues raised by public comments, NMFS responses to those comments, and 
a summary of the analyses completed to support the action. A copy of 
the full analysis is available from NMFS (see ADDRESSES). A summary of 
the FRFA follows.
    This final rule will rename the rock shrimp permit and endorsement, 
require all South Atlantic shrimp permit holders to provide economic 
data if selected, reinstate all limited access rock shrimp endorsements 
for those vessel owners who renewed their open access permit in the 
year in which they failed to renew their limited access endorsement, 
remove the 15,000-lb (6,804-kg) rock shrimp landing requirement, and 
reinstate all limited access rock shrimp endorsements lost due to not 
meeting the landing requirement. The purposes of this final rule are to 
ensure that sufficient effort remains active to sustain the fishery and 
its infrastructure and the Council has necessary economic data to 
satisfy requirements under the Magnuson-Stevens Act and other statutes.
    No significant issues associated with the economic analysis were 
raised through public comment on the proposed rule. A summary of all 
comments is provided in the previous section of this preamble. No 
changes were made in the final rule as a result of these comments.
    Within the South Atlantic shrimp fisheries, vessels may possess one 
or more of the following Federal permits: a penaeid shrimp permit, an 
open access rock shrimp permit, and a limited access rock shrimp 
endorsement. As of April 2008, NMFS issued 266 open access rock shrimp 
permits, 620 penaeid shrimp permits, and 155 limited access rock shrimp 
endorsements. Of the 155 limited access rock shrimp endorsements, 125 
were active or renewable and 30 had been terminated. The total number 
of vessels that possessed one or more of these permits or endorsements 
was 694, and, thus, this is the maximum number of vessels that could be 
directly impacted by the actions in this final rule. Of these 694 
vessels, 293 vessels also possessed Gulf shrimp moratorium permits, 
and, therefore, only 401 vessels are unique to the South Atlantic 
shrimp fisheries.

[[Page 50701]]

    The fleet of vessels with limited access rock shrimp endorsements 
is fairly homogeneous with respect to its physical characteristics. The 
average or typical vessel in this fleet is approximately 20 years old, 
nearly 73 ft (22.3 m) in length, gross tonnage of 132 tons, with a fuel 
capacity of approximately 16,000 gallons (60,567 liters), and a hold 
capacity of more than 63,000 lb (28,576 kg) of shrimp. The average 
vessel typically uses four nets averaging between 55 and 60 ft (17.2-
18.3 m) in length and uses between three and four crew on each trip. 
More than 90 percent of these vessels are large (60 ft (18.3 m) in 
length or greater) while less than 9 percent are small (less than 60 ft 
(18.3 m) in length). More than 87 percent of these vessels have on-
board freezing capacity. More than two-thirds of these vessels have 
steel hulls, while the other vessels are nearly equally split between 
fiberglass and wood hulls.
    Of the 155 vessels with limited access rock shrimp endorsements, 
145 were commercially fishing at some point between 2003 and 2007, and 
10 vessels with endorsements were not commercially active during these 
years. All of the commercially inactive vessels are state-registered 
boats that are older, smaller, and less powerful than the average 
vessel in the fleet.
    Between 2003 and 2007, commercially active vessels with 
endorsements averaged nearly $284,000 in total revenue per year. These 
vessels' dependence on landings from the South Atlantic rock shrimp 
fishery was relatively low, on average, accounting for 7 percent of 
their total revenue during this time. These vessels were most dependent 
on revenue from the Gulf shrimp fishery, which, on average, accounted 
for nearly 46 percent of their total revenue. Revenue from South 
Atlantic penaeid shrimp landings and Northeast non-shrimp landings were 
also important, with each representing approximately 22 percent of 
their total revenue on average. The vast majority of the Northeast non-
shrimp revenue came from Atlantic sea scallop landings. Thus, although 
South Atlantic rock shrimp landings were not unimportant to these 
vessels' operations, these vessels were considerably more dependent on 
other fisheries.
    The fleet of 694 vessels that possessed one or more South Atlantic 
shrimp permits or endorsements is very heterogeneous with respect to 
its physical characteristics. For example, approximately 65 percent of 
the vessels are large while 35 percent are small. Less than 40 percent 
have on-board freezing capacity while nearly 60 percent rely on ice for 
storage purposes. With respect to their hulls, the fleet is 
approximately evenly split between steel, wood, and fiberglass. On 
average, this group of vessels is somewhat smaller, older, less 
technologically advanced and uses less crew and gear relative to 
vessels that only possess limited access rock shrimp endorsements. 
Related, between 2003 and 2007, the average total revenue per vessel 
was $185,000, or 35 percent less than vessels that only possess a 
limited access rock shrimp endorsement. Further, revenue from the Gulf 
shrimp, Northeast non-shrimp, and South Atlantic penaeid shrimp 
fisheries have accounted for 36 percent, 31 percent and 24 percent of 
total revenue on average during this time. Also, during this time 
period, the maximum total revenue for a single vessel was approximately 
$3.7 million.
    With respect to the 401 vessels that possessed one or more South 
Atlantic shrimp permits or endorsements and did not possess a Gulf 
shrimp moratorium permit, they are also fairly heterogeneous with 
respect to their physical characteristics. However, on average, they 
are smaller, older, less technologically advanced and use less crew and 
gear than the fleet as a whole, and even more so compared to the 
vessels that only possess a limited access rock shrimp endorsement. For 
example, nearly 56 percent of these vessels are small, only 10 percent 
have on-board freezing capacity, and less than 18 percent have steel 
hulls. Related, between 2003 and 2007, the average total revenue per 
vessel was only about $135,000, or 27 percent less than the fleet as a 
whole and 53 percent less than vessels that only possess a limited 
access rock shrimp endorsement. Since these vessels do not possess a 
Gulf shrimp moratorium permit and thus cannot participate in the 
Federal Gulf shrimp fishery, approximately 40 percent of their total 
revenue comes from both the South Atlantic shrimp and Northeast non-
shrimp fisheries respectively, with 15 percent coming from South 
Atlantic non-shrimp fisheries.
    The Small Business Administration defines a small business in the 
commercial fishing industry as an entity that is independently owned 
and operated, is not dominant in its field of operation (including its 
affiliates), and has combined annual receipts not in excess of $4.0 
million annually (NAICS codes 114111 and 114112, finfish and shellfish 
fishing). Based on the annual revenues for the fishery provided above, 
all shrimp vessels expected to be directly impacted by this final rule 
are determined, for the purpose of this analysis, to be small entities.
    The action to remove the 15,000-lb (6,804-kg) landing requirement 
will directly affect 27 vessels with active or renewable endorsements, 
the action to reinstate limited access rock shrimp endorsements lost 
due to not meeting the landing requirement will directly affect 43 
vessels with active or renewable endorsements, the action to reinstate 
limited access rock shrimp endorsements for those vessel owners who 
renewed their open access permit in the year in which they failed to 
renew their limited access endorsement will directly affect 5 vessels 
with terminated endorsements, and the action to rename the rock shrimp 
permit and endorsement will directly affect all 125 vessels with active 
or renewable endorsements and 5 vessels with terminated endorsements. 
In general, the action to require all South Atlantic shrimp permit 
holders to provide economic data if selected would apply to all 694 
vessels with a South Atlantic penaeid or rock shrimp permit or 
endorsement. However, since 293 of these vessels possess a Gulf shrimp 
moratorium permit and therefore must already comply with economic data 
reporting requirements in that fishery, only 401 vessels will be 
directly affected by this action. Thus, NMFS determines that this final 
rule will affect a substantial number of small entities.
    The action to remove the 15,000-lb (6,804-kg) landing requirement 
is expected to directly benefit at least 27 vessels by allowing them to 
retain their limited access rock shrimp endorsements. Under current 
regulations, these vessels would be expected to lose their endorsements 
during the next few years. By retaining their endorsements, these 
vessels are able to retain the market value of their endorsements, 
which is estimated to be $5,000. Further, they will retain their 
ability to participate in the fishery, which in the short term is 
expected to increase these vessels' average total revenue by only $600 
per vessel but could be greater in the long term if they increase their 
level of participation in the fishery.
    The action to reinstate limited access rock shrimp endorsements 
lost due to not meeting the landing requirement is expected to directly 
benefit 43 vessels by allowing them to retain their limited access rock 
shrimp endorsements. By retaining their endorsements, these vessels are 
able to retain the market value of their endorsements, which is 
estimated to be $5,000. Further, they will retain their ability to 
participate in the fishery, which in the short term is

[[Page 50702]]

expected to increase these vessels' average total revenue by $4,600 per 
vessel but could be greater in the long term if they increase their 
level of participation in the fishery.
    The action to reinstate limited access rock shrimp endorsements for 
those vessel owners who renewed their open access permit in the year in 
which they failed to renew their limited access endorsement is expected 
to directly benefit 5 vessels by reinstating their endorsements. At 
present, these vessels' endorsements have been terminated and thus 
cannot be used to participate in the fishery and in turn have no market 
value. Reinstatement of these endorsements will allow these vessels to 
regain the market value of their endorsements, which is estimated to be 
$5,000. Further, they will regain their ability to participate in the 
fishery, which in the short term is expected to increase these vessels' 
average total revenue by $6,000 per vessel but could be greater in the 
long term if they increase their level of participation in the fishery.
    The action to rename the rock shrimp permit and endorsement is 
expected to directly benefit 130 vessels by reducing the number of 
permits these vessels must possess and pay for in order to participate 
in the limited access rock shrimp fishery. The annual benefit is only 
$10 per vessel and therefore minimal.
    The action to require all South Atlantic shrimp permit holders to 
provide economic data if selected is expected to adversely affect 401 
vessels by requiring a sample to provide economic data on an annual 
basis. However, this reporting requirement would only impose an annual 
opportunity cost of approximately $15 per vessel. Therefore, this 
action is not expected to increase these vessels' operating costs and 
thus would not be expected to decrease their profits.
    Three alternatives, including the status quo, were considered for 
the action to remove the 15,000-lb (6,804-kg) rock shrimp landing 
requirement. The first alternative, the status quo, would retain the 
landing requirement. In the long term, retention of the landing 
requirement would be expected to significantly and permanently reduce 
the maximum fleet size in the rock shrimp fishery. Specifically, the 
maximum fleet size under this alternative would only be approximately 
37 percent of the Council's desired fleet size and 44 percent of its 
current fleet size. Such a result would be inconsistent with the 
Council's objective of retaining sufficient productive capacity in the 
fishery in order to support the onshore infrastructure. The second 
alternative to the proposed removal of the landing requirement would 
have reduced the landing requirement from 15,000 lb (6,804 kg) in at 
least one out of every four calendar years to 7,500 lb (3,402 kg) in at 
least one out of every four calendar years. Although this represents a 
50-percent reduction in the landings requirement, few additional 
vessels would be able to meet this requirement relative to the 15,000-
lb (6,804-kg) requirement. Therefore, similar to the status quo, this 
alternative would result in a significant and permanent reduction in 
the rock shrimp fishery's long-term maximum fleet size. Specifically, 
the maximum fleet size under this alternative would only be 
approximately 39 percent of the Council's desired fleet size and 47 
percent of its current fleet size. Such a result would be inconsistent 
with the Council's objective of retaining sufficient productive 
capacity in the fishery in order to support the onshore infrastructure.
    Three alternatives, including the status quo, were considered for 
the action to reinstate endorsements lost due to not meeting the 
15,000-lb (6,804-kg) rock shrimp landing requirement at the end of the 
2007 calendar year. The first alternative, the status quo, would not 
reinstate endorsements lost due to not meeting the 15,000-lb (6,804-kg) 
rock shrimp landing requirement at the end of the 2007 calendar year. 
Of the 125 vessels currently possessing active or renewable 
endorsements, 83 vessels were required to meet the landing requirement 
by the end of the 2007 calendar year. However, 43 vessels did not meet 
the landing requirement and thus their endorsements were not eligible 
for renewal in 2008. Upon these endorsements' termination, the maximum 
fleet size would be permanently reduced from 125 vessels to 82 vessels. 
Such a significant and permanent reduction in the maximum fleet size 
would be inconsistent with the Council's objective of retaining 
sufficient productive capacity in the fishery in order to support the 
onshore infrastructure. The second alternative considered for this 
action would reinstate endorsements to vessels landing at least 7,500 
lb (3,402 kg) of rock shrimp in one of four consecutive calendar years. 
This alternative would only allow three more vessels with active or 
renewable endorsements to remain in the fishery relative to the no-
action alternative. Hence, this alternative did not adequately address 
the Council's objective.
    Three alternatives, including the status quo, were considered for 
the action to reinstate endorsements lost through failure to renew for 
vessels that renewed their open access permits. The first alternative, 
the status quo, would not reinstate endorsements that were lost through 
failure to renew for vessels that renewed their open access permits. At 
present, an open access permit is needed to harvest rock shrimp in the 
EEZ off of North and South Carolina while both the open access permit 
and the limited access endorsement are needed to harvest rock shrimp in 
the EEZ off of Georgia and east Florida. Five vessels that previously 
possessed endorsements renewed their open access permits but failed to 
simultaneously renew their endorsements. By renewing their open access 
permits, these vessels indicated that they intended to continue 
participating in the limited access component of the fishery in the 
future. Their failure to renew their endorsements at the same time may 
have been the result of confusion over the application and renewal 
process associated with the open access permit and the limited access 
endorsement. The Council does not consider the permanent loss of these 
endorsements to be an equitable outcome. Further, the unintended loss 
of these endorsements from the fishery is inconsistent with the 
Council's objective of retaining sufficient productive capacity in 
order to support the onshore infrastructure. The second alternative 
would extend the time allowed to renew endorsements by one calendar 
year after the effective date of this action. The outcome of this 
alternative is uncertain as it is dependent on whether the five 
affected vessel owners take the proper actions within the specified 
time period. Any vessel owners that did not would not have their 
vessels' endorsements reinstated, which in turn would result in an 
unintended and undesired reduction in the maximum fleet size, and, 
thus, this alternative is also potentially inconsistent with the 
Council's objective of retaining sufficient productive capacity in 
order to support the onshore infrastructure.
    Two alternatives, including the status quo, were considered for the 
action to rename the rock shrimp permit and endorsement. At present, an 
open access permit is needed to harvest rock shrimp in the EEZ off of 
North and South Carolina while both the open access permit and the 
limited access endorsement are needed to harvest rock shrimp in the EEZ 
off of Georgia and

[[Page 50703]]

east Florida. Five vessels have already lost their endorsements 
possibly due to confusion associated with the current naming practice 
and more could be lost in the future. This unintended loss of 
additional endorsements from the fishery in the future possibly due to 
vessel owners' confusion with the current naming practice is 
inconsistent with the Council's objective of retaining sufficient 
productive capacity in order to support the onshore infrastructure.
    Two alternatives, including the status quo, were considered for the 
action to specify VMS requirements for owners of vessels with limited 
access rock shrimp endorsements. The alternative to require VMS 
verification for all vessels with limited access endorsements, which 
would include those not operating in South Atlantic waters, could cause 
some vessel owners to relinquish their limited access endorsements, 
particularly those whose vessels are very small by industry standards 
and thus technologically incapable of supporting a VMS. Twenty-one 
vessels would be impacted by this alternative possibly resulting in 
additional reductions in the number of limited access endorsements. 
This is inconsistent with the Council's objective of retaining 
sufficient productive capacity in the fishery in order to support the 
onshore infrastructure.
    Three alternatives, including the status quo, were considered for 
the action to require all South Atlantic shrimp permit holders to 
provide economic data if selected. The first alternative, the status 
quo, would not require South Atlantic shrimp permit holders to provide 
economic data. At present, economic data are lacking for the South 
Atlantic shrimp fisheries. The lack of such data makes it difficult for 
the Council to conduct regulatory impacts analyses that meet the 
requirements of the Magnuson-Stevens Act, National Environmental 
Protection Act, the Regulatory Flexibility Act, E.O. 12866, and other 
Federal statutes. Further, the reauthorized Magnuson-Stevens Act 
explicitly states that all fishery management plans must indicate all 
economic information necessary to meet the requirements of the Act. 
Thus, these data are needed in order for the Council to comply with 
these various mandates. Furthermore, the lack of such data can lead to 
potentially misleading information and guidance. Such misinformation 
can adversely affect decisions made by the Council and NMFS and thereby 
lead to unforeseen and unintended adverse economic and social 
consequences on fishery participants. The second alternative would 
require all shrimp permit holders to provide economic data each year. 
In effect, this alternative would require a census rather than a sample 
of permit holders to provide the necessary economic data. A census of 
permit holders is not required to provide statistically accurate and 
reliable estimates of important economic variables for the fishery and 
thus would constitute an unnecessarily onerous time burden on fishery 
participants.
    Copies of the FRFA are available from NMFS (see ADDRESSES).
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' As part of the rulemaking process, NMFS prepared a fishery 
bulletin, which also serves as a small entity compliance guide. The 
fishery bulletin will be sent to all vessel permit holders for the 
South Atlantic shrimp fishery.
    This final rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA) and which has been 
approved by OMB under control number 0648-0591. NMFS will collect 
economic data from shrimp vessel owners who operate in Federal waters 
of the South Atlantic. The public reporting burden for this collection 
of information is estimated to average 45 minutes per response. This 
estimate of the public reporting burden includes the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the PRA unless that collection of information displays a currently 
valid OMB control number.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 622

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

    Dated: September 25, 2009
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 15 CFR Chapter IX and 50 CFR 
Chapter VI are amended as follows:

15 CFR Chapter IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.


0
2. In Sec.  902.1, the table in paragraph (b), under 50 CFR is amended, 
by adding in numerical order the entry ``622.5(a)(1)(vii)'', to read as 
follows:


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                             Current OMB control number
CFR part or section where the information  (All numbers begin with 0648-
    collection requirement is located                    )
------------------------------------------------------------------------
                                * * * * *
 
50 CFR                                     .............................
                                * * * * *
622.5(a)(1)(vii)                           -0591
                                * * * * *
 
------------------------------------------------------------------------

50 CFR Chapter VI

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

0
3. The authority citation for part 622 continues to read as follows:

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


0
4. In Sec.  622.4, in the first sentence of paragraph (g)(1), the words 
``commercial vessel permit for South Atlantic rock shrimp'' are removed 
and the words ``Commercial Vessel Permit for Rock Shrimp (South 
Atlantic EEZ)'' are added in their place, and paragraph (a)(2)(viii) is 
revised to read as follows:


Sec.  622.4  Permits and fees.

    (a) * * *
    (2) * * *
    (viii) South Atlantic rock shrimp. (A) Until January 27, 2010, the 
permit requirements specified in paragraphs (a)(2)(viii)(A)(1) and (2) 
of this section apply.

[[Page 50704]]

    (1) For a person aboard a vessel to fish for rock shrimp in the 
South Atlantic EEZ or possess rock shrimp in or from the South Atlantic 
EEZ, a commercial vessel permit for rock shrimp must be issued to the 
vessel and must be on board. (See paragraph (a)(5) of this section for 
the requirements for operator permits for the South Atlantic rock 
shrimp fishery.)
    (2) In addition, for a person aboard a vessel to fish for rock 
shrimp in the South Atlantic EEZ off Georgia or off Florida or possess 
rock shrimp in or from the South Atlantic EEZ off Georgia or off 
Florida, a limited access endorsement for South Atlantic rock shrimp 
must be issued to the vessel and must be on board. See Sec.  622.19 for 
limitations on the issuance, transfer, renewal, and reissuance of a 
limited access endorsement for South Atlantic rock shrimp.
    (B) During January 2010, and prior to January 26, 2010, a currently 
valid (not expired) commercial vessel permit for rock shrimp with an 
expiration date after January 27, 2010, that does not have a limited 
access endorsement for South Atlantic rock shrimp will be replaced by 
the RA with a Commercial Vessel Permit for Rock Shrimp (Carolinas 
Zone), and a currently valid (not expired) commercial vessel permit for 
rock shrimp with an expiration date after January 27, 2010, that has a 
limited access endorsement for South Atlantic rock shrimp will be 
replaced by the RA with a Commercial Vessel Permit for Rock Shrimp 
(South Atlantic EEZ). However, a person with an expired limited access 
endorsement for South Atlantic rock shrimp who desires a Commercial 
Vessel Permit for Rock Shrimp (South Atlantic EEZ) must apply for such 
a permit before the date 1 year after the expiration date of the 
expired limited access endorsement for South Atlantic rock shrimp.
    (C) On and after January 27, 2010, the permit requirements 
specified in paragraphs (a)(2)(viii)(C)(1) and (2) of this section 
apply.
    (1) For a person aboard a vessel to fish for rock shrimp in the 
South Atlantic EEZ off North Carolina or off South Carolina or possess 
rock shrimp in or from the South Atlantic EEZ off those states, a 
Commercial Vessel Permit for Rock Shrimp (Carolinas Zone) or a 
Commercial Vessel Permit for Rock Shrimp (South Atlantic EEZ) must be 
issued to the vessel and must be on board.
    (2) For a person aboard a vessel to fish for rock shrimp in the 
South Atlantic EEZ off Georgia or off Florida or possess rock shrimp in 
or from the South Atlantic EEZ off those states, a Commercial Vessel 
Permit for Rock Shrimp (South Atlantic EEZ) must be issued to the 
vessel and must be on board. A Commercial Vessel Permit for Rock Shrimp 
(South Atlantic EEZ) is a limited access permit. See Sec.  622.19(b) 
for limitations on the issuance, transfer or renewal of a Commercial 
Vessel Permit for Rock Shrimp (South Atlantic EEZ).
    (D) The provisions of paragraph (f) of this section 
notwithstanding, neither a commercial vessel permit for rock shrimp nor 
a limited access endorsement for South Atlantic rock shrimp remains 
valid on or after January 27, 2010.
* * * * *

0
5. In Sec.  622.5, paragraph (a)(1)(vii) is revised to read as follows:


Sec.  622.5  Recordkeeping and reporting.

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

0
6. In Sec.  622.6, the heading for paragraph (b)(1)(i)(B) is revised to 
read as follows:


Sec.  622.6  Vessel and gear identification.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (B) South Atlantic EEZ. * * *
* * * * *

0
7. In Sec.  622.9, the first sentence of paragraph (a)(1) is revised to 
read as follows:


Sec.  622.9  Vessel monitoring systems (VMSs).

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

0
8. Sec.  622.19 is revised to read as follows:


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

    (a) Initial applicability. (1) The measures in paragraph (a) of 
this section are applicable on November 2, 2009 through January 26, 
2010.
    (2) For a person aboard a vessel to fish for rock shrimp in the 
South Atlantic EEZ off Georgia or off Florida or possess rock shrimp in 
or from the South Atlantic EEZ off Georgia or off Florida, a limited 
access endorsement for South Atlantic rock shrimp must be issued to the 
vessel and must be on board.
    (3) A limited access endorsement for South Atlantic rock shrimp is 
valid only for the vessel and owner named on the permit/endorsement. To 
change either the vessel or the owner, a complete application for 
transfer must be submitted to the RA. An owner of a vessel with an 
endorsement may request that the RA transfer the endorsement to another 
vessel owned by the same entity, to the same vessel owned by another 
entity, or to another vessel with another owner. A transfer of an 
endorsement under this paragraph will include the transfer of the 
vessel's entire catch history of South Atlantic rock shrimp to a new 
owner; no partial transfers are allowed. No transfer of a limited 
access endorsement for South Atlantic rock shrimp will be allowed after 
November 2, 2009.
    (4) The RA will not reissue a limited access endorsement for South 
Atlantic rock shrimp if the endorsement is revoked or if the RA does 
not receive a complete application for renewal of the endorsement 
within 1 year after the endorsement's expiration date.
    (b) Subsequent applicability. (1) The measures in paragraph (b) of 
this section are applicable on and after January 27, 2010.
    (2) For a person aboard a vessel to fish for rock shrimp in the 
South Atlantic EEZ off Georgia or off Florida or possess rock shrimp in 
or from the South Atlantic EEZ off those states, a Commercial Permit 
for Rock Shrimp (South Atlantic EEZ) must be issued to the vessel and 
must be on board.
    (3) Applications. No applications for additional Commercial Vessel 
Permits for Rock Shrimp (South Atlantic EEZ) will be accepted, except 
as follows:
    (i) Failure to renew. An owner of a vessel may apply for a 
Commercial Vessel Permit for Rock Shrimp (South Atlantic EEZ) and such 
permit will be issued provided the owner,

[[Page 50705]]

    (A) Had a limited access endorsement for South Atlantic rock 
shrimp;
    (B) Failed to request renewal of his or her endorsement within 1 
year after the endorsement's expiration date; and
    (C) Renewed his or her commercial vessel permit for rock shrimp 
within 1 year after its expiration date.
    (ii) Inactive endorsement. An owner of a vessel may apply for a 
Commercial Vessel Permit for Rock Shrimp (South Atlantic EEZ) and such 
permit will be issued provided the owner,
    (A) Has a commercial vessel permit for rock shrimp;
    (B) Had a limited access endorsement for South Atlantic rock shrimp 
and;
    (C) Was unable to renew the endorsement because the endorsement was 
``inactive'' for a period of 4 consecutive calendar years. ``Inactive'' 
means that the vessel with the endorsement did not land at least 15,000 
lb (6,804 kg) of rock shrimp from the South Atlantic EEZ in a calendar 
year.
    (iii) Application period. Applications under paragraph (b)(3) of 
this section must be received by NMFS by January 27, 2011.
    (iv) Continuity of ownership. An applicant who believes he or she 
meets the permit eligibility criteria based on ownership of a vessel 
under a different name, as may have occurred when ownership has changed 
from individual to corporate or vice versa, must document his or her 
continuity of ownership.
    (c) Transfer of an existing permit. A Commercial Vessel Permit for 
Rock Shrimp (South Atlantic EEZ) is valid only for the vessel and owner 
named on the permit. To change either the vessel or the owner, a 
complete application for transfer must be submitted to the RA. An owner 
of a vessel with a permit may request that the RA transfer a valid 
permit to another vessel owned by the same entity, to the same vessel 
owned by another entity, or to another vessel with another owner. A 
transfer of a permit under this paragraph will include the transfer of 
the vessel's entire catch history of South Atlantic rock shrimp to a 
new owner; no partial transfers are allowed.
    (d) Renewal. The RA will not reissue a Commercial Vessel Permit for 
Rock Shrimp (South Atlantic EEZ) if the permit is revoked or if the RA 
does not receive an application for renewal of the permit within 1 year 
after the expiration date of the permit.
    (e) Limitation on permits. A vessel for which a permit for South 
Atlantic rock shrimp is required may be issued either a Commercial 
Vessel Permit for Rock Shrimp (Carolinas Zone) or a Commercial Vessel 
Permit for Rock Shrimp (South Atlantic EEZ), depending on its 
eligibility. However, no such vessel may be issued both permits for the 
same period of effectiveness.

0
9. In Sec.  622.34, a heading is added to paragraph (k)(1) to read as 
follows:


Sec.  622.34  Gulf EEZ seasonal and/or area closures.

* * * * *
    (k) * * *
    (1) Descriptions of Areas. * * *
* * * * *

0
10. In Sec.  622.41, paragraphs (a)(4)(i)--(a)(4)(iii) are added to 
read as follows:


Sec.  622.41  Species specific limitations.

* * * * *
    (a) * * *
    (4) * * *
    (i) Permit number of site to be harvested and date of harvest.
    (ii) Name and official number of the vessel to be used in 
harvesting.
    (iii) Date, port, and facility at which aquacultured live rock will 
be landed.
* * * * *
[FR Doc. E9-23703 Filed 9-30-09; 8:45 am]
BILLING CODE 3510-22-S