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; Abbreviated Framework, 37500-37503 [2013-14907]
Download as PDF
<![CDATA[
37500
Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Proposed Rules
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
is granted in response to requests to
extend the reply comment period
submitted by IEEE 802 and W-Fi
Alliance. We find that good cause exist
for an extension of the reply comment
deadline to facilitate the development of
a full and complete record.
DATES: Reply comments must be filed
on or before July 24, 2013.
FOR FURTHER INFORMATION CONTACT: Aole
Wilkins, Office of Engineering and
Technology, (202) 418–2406, email:
Aole.Wilkins@fcc.gov, TTY (202) 418–
2989.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order, ET
Docket No. 13–49; DA 13–1388, adopted
June 17, 2013, and released June 17,
2013. The full text of this document is
available for inspection and copying
during normal business hours in the
FCC Reference Center (Room CY–A257),
445 12th Street SW., Washington, DC
20554. The complete text of this
document also may be purchased from
the Commission’s copy contractor, Best
Copy and Printing, Inc., 445 12th Street
SW., Room CY–B402, Washington, DC
20554. The full text may also be
downloaded at: www.fcc.gov.
Summary of Order Granting Extension
of Time for Filing Comment
1. On April 10, 2013, the Federal
Register published the Commission’s
Notice of Proposed Rulemaking
(‘‘NPRM’’), 78 FR 21320, April 10, 2013,
in the above-captioned proceeding. That
NPRM established a comment deadline
of May 28, 2013 and a reply comment
deadline of June 24, 2013. On June 4,
2013, IEEE 802 requested that the reply
comment deadline be extended by 30
days because in reviewing the
comments to date, they are concerned
that there is insufficient time allocated
to thoroughly review the record and
provide reply comments by the current
deadline. On June 6, 2013, the Wi-Fi
Alliance also requested a 30 day
extension of the reply comment date
because it will allow interested parties
the necessary time to adequately
address the technical and policy
questions raised in the NPRM and by
numerous commenters in this
proceeding. The Wi-Fi Alliance points
out that the current reply comment
filing deadline falls before both the 2013
Wi-Fi Alliance Member Meeting and
IEEE 802’s Plenary Session, and that the
parties’ reply comments will be better
informed by the discussion of the issues
raised in the NPRM and other parties’
comments in their upcoming meetings.
2. As set forth in section 1.46(a) of the
Commission’s Rules, the Commission’s
policy is that extensions of time shall
VerDate Mar<15>2010
16:09 Jun 20, 2013
Jkt 229001
not be routinely granted. Given the
importance of the issues in this
proceeding, however, we find that good
cause exists to provide all parties an
extension of the reply comment
deadline to facilitate the development of
a full and complete record.
3. It is further ordered that the
Motions for Extension of Time filed by
IEEE 802 and Wi-Fi Alliance are
granted.
4. This action is taken pursuant to
Section 4(i), 4(j) and 5(c) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j), 155(c)
and Sections 0.31, 0.241, and 1.46 of the
Commission’s rules, 47 CFR 0.31, 0.241,
and 1.46, the deadline for filing reply
comments in response to the Notice of
Proposed Rulemaking in ET Docket No.
13–49 is extended to July 24, 2013.
Federal Communications Commission.
Bruce Romano,
Associate Chief, Office of Engineering and
Technology.
[FR Doc. 2013–14760 Filed 6–20–13; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 130326296–3552–01]
RIN 0648–BD10
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;
Abbreviated Framework
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in an
abbreviated framework to the Fishery
Management Plans (FMPs) for the Reef
Fish Resources of the Gulf of Mexico
prepared by the Gulf of Mexico Fishery
Management Council (Gulf Council),
and Coastal Migratory Pelagic Resource
prepared by the Gulf Council and the
South Atlantic Fishery Management
Council (South Atlantic Council). If
implemented, this rule would eliminate
the requirement to submit a current
certificate of inspection (COI) provided
by the U.S. Coast Guard (USCG) with
the application to renew or transfer a
SUMMARY:
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
Federal Gulf of Mexico (Gulf) coastal
migratory pelagic (CMP) or reef fish
charter vessel/headboat permit
(hereafter referred to as a for-hire
permit). The rule would eliminate the
restriction on transferring for-hire
permits to a vessel of greater authorized
passenger capacity than specified on the
permit. The rule would also prohibit the
harvest or possession of CMP or reef fish
species on a vessel with a Gulf for-hire
permit that is carrying more passengers
than is specified on the permit. The
intended effect of this proposed rule is
to simplify the passenger capacity
requirements for transfers and renewals
of Gulf CMP and reef fish for-hire
permits to provide more flexibility in
the use of these permitted vessels.
DATES: Written comments must be
received on or before July 8, 2013.
ADDRESSES: You may submit comments
on this document, identified by
‘‘NOAA-NMFS-2013-0065’’, by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA–NMFS–2013–
0065, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Peter Hood, Southeast Regional Office,
NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
Electronic copies of the abbreviated
framework, which includes a regulatory
impact review, a Regulatory Flexibility
Act analysis, and a social impact
assessment, may be obtained from the
Southeast Regional Office Web site at
https://sero.nmfs.noaa.gov.
Comments regarding the burden-hour
estimates or other aspects of the
collection-of-information requirements
contained in this proposed rule may be
E:\FR\FM\21JNP1.SGM
21JNP1
Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Proposed Rules
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
submitted in writing to Anik Clemens,
Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL
33701; and the Office of Management
and Budget (OMB), by email at OIRA
Submission@omb.eop.gov, or by fax to
202–395–7285.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, Southeast Regional Office,
telephone 727–824–5305, email
Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf
reef fish and CMP fisheries are managed
under their respective FMPs. The Gulf
reef fish FMP was prepared by the Gulf
Council and the CMP FMP was
prepared by the Gulf and South Atlantic
Councils and are implemented through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve, on a continuing basis, optimum
yield (OY) from federally managed fish
stocks. To reduce the risk of overfishing,
permit moratoria were placed on Gulf
CMP and reef fish for-hire permits to
cap fishing effort. The purpose of this
action is to simplify the passenger
capacity requirements for transfers and
renewals of Gulf CMP and reef fish forhire permits to provide more flexibility
in the use of these permitted vessels.
In 2003, moratoria were established
for for-hire permits for the Gulf CMP
and reef fish fisheries through
Amendments 14 and 20 to the
respective FMPs (68 FR 26230, May 15,
2003). The intended effect of these
moratoria was to cap the effort and
passenger capacity of Gulf for-hire
vessels operating in these fisheries at
the level documented in March 2001,
while the Council evaluated whether
limited access programs were needed to
permanently constrain effort. These
moratoria were extended indefinitely in
June 2006, through Amendments 17 and
25 to the respective FMPs (71 FR 28282,
May 16, 2006) and created the current
limited access system for this sector.
Regulations implementing the
moratoria on Gulf for-hire permits limit
permit transfers and renewals to vessels
that have the same passenger capacity or
a lower passenger capacity to limit
overall fishing effort. Because passenger
capacity is currently based on the USCG
COI, this limits the ability of the owner
of a permitted vessel to transfer the Gulf
for-hire permit to a vessel that has a
higher passenger capacity listed on the
COI or to renew the permit under the
VerDate Mar<15>2010
16:09 Jun 20, 2013
Jkt 229001
higher passenger capacity listed on the
COI. Under such scenarios, the only
way to renew or transfer a permit is to
have the USCG adjust the COI so that it
is less than or equal to the passenger
capacity identified on the Gulf for-hire
permit, which was based on the COI of
the vessel when the moratorium Gulf
for-hire permit was first issued, even
though a vessel could safely carry more
passengers, or subsequently has had the
COI revised to carry more passengers.
This proposed rule would eliminate
the requirement to submit a current
USCG COI with the application to
renew or transfer a Gulf for-hire permit,
eliminate the restriction on transfer, and
implement a provision that would
prohibit the harvest or possession of reef
fish or CMP species on vessels with a
Gulf for-hire permit that is carrying
more passengers than is specified on the
Gulf for-hire permit. Because the
passenger capacity for the Gulf for-hire
vessel when fishing would be based on
the COI of the vessel when the
moratorium Gulf for-hire permit was
first issued, the cap on fishing effort,
which was the original purpose of the
moratorium permits, would be
maintained. As a result of this action,
the requirements to renew or transfer a
for-hire permit would be simplified, forhire effort control in the reef fish and
CMP fisheries would be maintained,
and vessel owners would be allowed to
carry more passengers for non-fishing
activities if their COI is greater than the
passenger capacity on their fore-hire
permit.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
Administrator, NMFS, has determined
that this proposed rule is consistent
with the abbreviated framework, the
FMP, the Magnuson-Stevens Act and
other applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if implemented, would
not have a significant economic impact
on a substantial number of small
entities. The factual basis for this
determination is as follows:
The purpose of this proposed rule is
to eliminate the requirement to use the
passenger capacity listed on the USCG
COI in the renewal or transfer of Federal
Gulf for-hire permits and instead,
implement the requirement to use the
passenger capacity listed on the Gulf
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
37501
for-hire permit. This would be expected
to increase the profits of affected Gulf
for-hire businesses while continuing to
prevent overfishing and achieving the
OY of the species harvested by these
businesses. The Magnuson-Stevens Act
provides the statutory basis for this
proposed action. No duplicative,
overlapping, or conflicting Federal rules
have been identified. This proposed rule
would not introduce any changes to
current reporting, record-keeping, or
other compliance requirements, except
as discussed below with respect to
passenger capacity fishing restrictions.
This proposed rule would be expected
to affect all for-hire vessels with a Gulf
for-hire permit. A Gulf for-hire permit is
required for for-hire vessels to harvest
reef fish or CMP species in the Gulf
exclusive economic zone (EEZ). On
March 1, 2013, 1,348 vessels had a valid
(non-expired) or renewable reef fish forhire permit and 1,377 vessels had a
valid or renewable CMP for-hire permit.
An expired permit is renewable for one
year after expiration. Many Gulf for-hire
vessels have both the reef fish and CMP
charter for-hire permits and 1,440
unique vessels had one (either a reef
fish or CMP permit) or both for-hire
permits. The Gulf for-hire fleet is
comprised of charter vessels, which
charge a fee on a vessel basis, and
headboats, which charge a fee on an
individual angler (head) basis. Among
the 1,440 vessels with at least one Gulf
for-hire permit, 80 are believed to
primarily operate as headboats and
1,360 primarily operate as charter
vessels.
This proposed rule would also affect
Gulf for-hire vessels that do not have a
Gulf for-hire permit that attempt to
purchase and receive through transfer a
Gulf for-hire permit from a permitted
vessel. The number of Gulf for-hire
vessels that do not have a Gulf for-hire
permit and may wish to acquire one
through transfer is unknown.
The average charter vessel is
estimated to earn approximately
$81,700 (2012 dollars) and the average
headboat is estimated to earn
approximately $247,000. These
estimates apply to vessels with and
without a Gulf for-hire permit.
NMFS has not identified any other
small entities that would be expected to
be directly affected by this proposed
rule.
The Small Business Administration
has established size criteria for all major
industry sectors in the U.S., including
fish harvesters. A business involved in
the for-hire fishing industry is classified
as a small business if it is independently
owned and operated, is not dominant in
its field of operation (including its
E:\FR\FM\21JNP1.SGM
21JNP1
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
37502
Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Proposed Rules
affiliates), and has combined annual
receipts not in excess of $7.0 million
(NAICS code 713990, recreational
industries) for all its affiliated
operations worldwide. All for-hire
vessels expected to be directly affected
by this proposed rule are believed to be
small business entities.
The proposed elimination of the use
of the passenger capacity specified on
the USCG COI during the transfer or
renewal process for Federal Gulf for-hire
permits would be expected to allow
Gulf for-hire permit transfers and
renewals to occur in a timelier and more
efficient manner, result in less
disruption in vessel operation, and
result in increased revenue to affected
entities. Vessels with a higher passenger
capacity on their COI than on their Gulf
for-hire permit, in the case of permit
renewals, or on the Gulf for-hire permit
they are attempting to acquire through
transfer, would not be required to obtain
a new COI with an adjusted (lower)
passenger capacity to match the
passenger capacity listed on the Gulf
for-hire permit. As a result, these vessels
would not have to incur the costs
associated with re-inspection or reduced
revenue associated with operational
delay re-inspection may precipitate.
Vessels that provide non-fishing for-hire
services could carry more passengers,
subject to the passenger capacity
specified by their COI, than when
fishing and not be limited to the lower
passenger capacity specified on their
Gulf for-hire permit. As a result,
revenue from these services (non-fishing
for-hire) could be increased. Available
data, however, are insufficient to
quantify these potential increases.
The proposed prohibition on the
harvest or possession of reef fish and
CMP species on vessels with a Gulf forhire permit that is carrying more
passengers than is specified on the Gulf
for-hire permit would be expected to
reduce revenue for vessels that may
previously have carried more passengers
than specified on their Gulf for-hire
permit, though few vessels are expected
to have engaged in this practice. Current
regulation, although intended to limit
effort per vessel to the number of
passengers on the original moratorium
permit, only places passenger
restrictions on the renewal or transfer of
for-hire permits; no passenger
restrictions are placed on the vessel
when engaged in fishing. In theory, the
restrictions placed on permit renewal or
transfer should have, were intended to,
and likely did, result in vessels with
consistent (equal) passenger limits
specified on both the Gulf for-hire
permit and the COI. In practice,
however, it has been possible for the
VerDate Mar<15>2010
16:09 Jun 20, 2013
Jkt 229001
passenger limits on the two documents
to be unequal and, as a result, allow a
vessel to carry more passengers when
fishing than the limit specified on the
Gulf for-hire permit. This could occur if,
for example, a vessel renewed the Gulf
for-hire permit, or received one through
transfer, was re-inspected by the USCG,
and received a COI with a higher
maximum passenger limit than
specified on the Gulf for-hire permit. If
inspected at sea, the vessel would not
violate passenger restrictions as long as
the number of passengers was less than
or equal to the safe limit specified on
the COI even if carrying more
passengers than specified on the Gulf
for-hire permit. As a result, the vessel
could carry more passengers while
fishing than specified on the Gulf forhire permit and benefit, financially,
from the higher passenger load. This
would be a temporary advantage to the
vessel, however, the permit could not be
renewed (or transferred) with a COI
with a higher passenger limit than
specified on the Gulf for-hire permit.
Thus, to continue to carry more
passengers than specified on the Gulf
for-hire permit when fishing, a new COI
would have to be obtained specifying
the lower limit prior to permit renewal
and, upon renewal, re-inspection would
need to occur to ‘‘recover’’ the higher
limit. Such behavior would not be
expected to be common or frequent.
Although the fee for inspection may not
be onerous, $300 for a vessel less than
65 ft (20 m) in length, relative to the
potential increase in revenue associated
with carrying more passengers,
justifying to the USCG the need for
doubling of the number of inspections
as a strategic move may be difficult.
Additionally, the ability to carry more
passengers under a situation like this
has likely been a regulatory loophole
that few, if any, vessel owners are
expected to have identified in the past,
or would recognize in the future, and
taken advantage of even temporarily. As
a result, although the proposed
prohibition would prevent behavior
previously allowed, little to no change
in economic benefits would be expected
because the behavior that would be
prohibited is not believed to have
occurred in the past or be expected to
occur in the future in the absence of this
proposed prohibition.
Few vessels have encountered a
problem associated with Gulf for-hire
permit renewal or transfer due to
passenger capacity issues in recent
years, with only an estimated seven
denials (renewal or transfer) occurring
from 2011 through the time of this
analysis. Thus, only a small portion of
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
the Gulf for-hire fleet has been directly
affected by current regulations.
However, with declining seasons for
some key species, notably red snapper,
the decline in the general national
economy and slow pace of economic
recovery, service diversification may
become increasingly important to help
Gulf for-hire businesses remain
economically viable. Thus, for some
individual small businesses, the
economic effects of this proposed rule
could be significant. However, overall,
because few vessels have encountered a
problem with conflicting passenger
capacities on their Gulf for-hire permit
and COI at either the permit renewal or
transfer stage, only a small portion of
the Gulf for-hire fleet would be expected
to be directly affected by this proposed
action.
In summary, the proposed rule, if
implemented, would not be expected to
have a significant impact on a
substantial number of small entities
and, as a result, an initial regulatory
flexibility analysis is not required and
none has been prepared.
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall a person be subject to a
penalty for failure to comply with, a
collection-of-information subject to the
requirements of the Paperwork
Reduction Act (PRA), unless that
collection-of-information displays a
currently valid OMB control number.
This proposed rule contains
collection-of-information requirements
subject to the PRA. NMFS is revising the
collection-of-information requirements
under OMB control number 0648–0205.
NMFS estimates eliminating the
requirement for Gulf for-hire permit
holders to submit a current COI to
renew or transfer a Gulf reef fish or CMP
for-hire permit would decrease the
overall reporting burden under OMB
control number 0648–0205. The
requirement to submit a current COI
would be removed from the instructions
on the Federal Permit Application for
Vessels Fishing in the EEZ and a COI
would not need to be submitted with
the application to renew or transfer a
permit. NMFS estimates these
requirements would decrease the
reporting burden for Gulf for-hire permit
holders who are renewing or
transferring a Gulf for-hire permit on
average by 1 minute per response. These
estimates of the public reporting burden
include the time for reviewing
instructions, gathering and maintaining
the data needed, and completing and
reviewing the collection-of-information.
These requirements have been
submitted to OMB for approval. NMFS
seeks public comment regarding:
E:\FR\FM\21JNP1.SGM
21JNP1
Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Proposed Rules
Whether this proposed collection-ofinformation is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
the accuracy of the burden estimate;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection-of-information,
including through the use of automated
collection techniques or other forms of
information technology. Send comments
regarding the burden estimate or any
other aspect of the collection-ofinformation requirement, including
suggestions for reducing the burden, to
NMFS and to OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 622
Certificate of inspection, Fisheries,
Fishing, For-Hire, Gulf, Reporting and
recordkeeping requirements.
Dated: June 18, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
■
VerDate Mar<15>2010
16:09 Jun 20, 2013
Jkt 229001
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.13, paragraph (g) is added
to read as follows:
■
§ 622.13
Prohibitions—general.
*
*
*
*
*
(g) Fail to comply with the passenger
capacity related requirements in
§§ 622.20(b)(1) and 622.373(b)(1).
■ 3. In § 622.20, paragraphs (b)(1)(i)(A)
and (B) are revised and paragraph
(b)(1)(iv) is added to read as follows:
§ 622.20
Permits and endorsements.
*
*
*
*
*
(b) * * *
(1) * * *
(i) * * *
(A) Permits without a historical
captain endorsement. A charter vessel/
headboat permit for Gulf reef fish that
does not have a historical captain
endorsement is fully transferable, with
or without sale of the permitted vessel.
(B) Permits with a historical captain
endorsement. A charter vessel/headboat
permit for Gulf reef fish that has a
historical captain endorsement may
only be transferred to a vessel operated
by the historical captain and is not
otherwise transferable.
*
*
*
*
*
(iv) Passenger capacity compliance
requirement. A vessel operating as a
charter vessel or headboat with a valid
charter vessel/headboat permit for Gulf
reef fish, which is carrying more
passengers on board the vessel than is
specified on the permit, is prohibited
PO 00000
Frm 00023
Fmt 4702
Sfmt 9990
37503
from harvesting or possessing the
species identified on the permit.
*
*
*
*
*
■ 4. In § 622.373, paragraphs (b)(1) and
(2) are revised and paragraph (e) is
added to read as follows:
§ 622.373 Limited access system for
charter vessel/headboat permits for Gulf
coastal migratory pelagic fish.
*
*
*
*
*
(b) * * *
(1) Permits without a historical
captain endorsement. A charter vessel/
headboat permit for Gulf coastal
migratory pelagic fish that does not have
a historical captain endorsement is fully
transferable, with or without sale of the
permitted vessel.
(2) Permits with a historical captain
endorsement. A charter vessel/headboat
permit for Gulf coastal migratory pelagic
fish that has a historical captain
endorsement may only be transferred to
a vessel operated by the historical
captain and is not otherwise
transferable.
*
*
*
*
*
(e) Passenger capacity compliance
requirement. A vessel operating as a
charter vessel or headboat with a valid
charter vessel/headboat permit for Gulf
coastal migratory pelagic fish, which is
carrying more passengers on board the
vessel than is specified on the permit,
is prohibited from harvesting or
possessing the species identified on the
permit.
[FR Doc. 2013–14907 Filed 6–20–13; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\21JNP1.SGM
21JNP1
]]>Agencies
[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Proposed Rules]
[Pages 37500-37503]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14907]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 130326296-3552-01]
RIN 0648-BD10
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; Abbreviated
Framework
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in an
abbreviated framework to the Fishery Management Plans (FMPs) for the
Reef Fish Resources of the Gulf of Mexico prepared by the Gulf of
Mexico Fishery Management Council (Gulf Council), and Coastal Migratory
Pelagic Resource prepared by the Gulf Council and the South Atlantic
Fishery Management Council (South Atlantic Council). If implemented,
this rule would eliminate the requirement to submit a current
certificate of inspection (COI) provided by the U.S. Coast Guard (USCG)
with the application to renew or transfer a Federal Gulf of Mexico
(Gulf) coastal migratory pelagic (CMP) or reef fish charter vessel/
headboat permit (hereafter referred to as a for-hire permit). The rule
would eliminate the restriction on transferring for-hire permits to a
vessel of greater authorized passenger capacity than specified on the
permit. The rule would also prohibit the harvest or possession of CMP
or reef fish species on a vessel with a Gulf for-hire permit that is
carrying more passengers than is specified on the permit. The intended
effect of this proposed rule is to simplify the passenger capacity
requirements for transfers and renewals of Gulf CMP and reef fish for-
hire permits to provide more flexibility in the use of these permitted
vessels.
DATES: Written comments must be received on or before July 8, 2013.
ADDRESSES: You may submit comments on this document, identified by
``NOAA-NMFS-2013-0065'', by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0065, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Peter Hood, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Electronic copies of the abbreviated framework, which includes a
regulatory impact review, a Regulatory Flexibility Act analysis, and a
social impact assessment, may be obtained from the Southeast Regional
Office Web site at https://sero.nmfs.noaa.gov.
Comments regarding the burden-hour estimates or other aspects of
the collection-of-information requirements contained in this proposed
rule may be
[[Page 37501]]
submitted in writing to Anik Clemens, Southeast Regional Office, NMFS,
263 13th Avenue South, St. Petersburg, FL 33701; and the Office of
Management and Budget (OMB), by email at OIRA Submission@omb.eop.gov,
or by fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office,
telephone 727-824-5305, email Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf reef fish and CMP fisheries are
managed under their respective FMPs. The Gulf reef fish FMP was
prepared by the Gulf Council and the CMP FMP was prepared by the Gulf
and South Atlantic Councils and are implemented through regulations at
50 CFR part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, optimum yield (OY) from federally managed fish stocks. To reduce
the risk of overfishing, permit moratoria were placed on Gulf CMP and
reef fish for-hire permits to cap fishing effort. The purpose of this
action is to simplify the passenger capacity requirements for transfers
and renewals of Gulf CMP and reef fish for-hire permits to provide more
flexibility in the use of these permitted vessels.
In 2003, moratoria were established for for-hire permits for the
Gulf CMP and reef fish fisheries through Amendments 14 and 20 to the
respective FMPs (68 FR 26230, May 15, 2003). The intended effect of
these moratoria was to cap the effort and passenger capacity of Gulf
for-hire vessels operating in these fisheries at the level documented
in March 2001, while the Council evaluated whether limited access
programs were needed to permanently constrain effort. These moratoria
were extended indefinitely in June 2006, through Amendments 17 and 25
to the respective FMPs (71 FR 28282, May 16, 2006) and created the
current limited access system for this sector.
Regulations implementing the moratoria on Gulf for-hire permits
limit permit transfers and renewals to vessels that have the same
passenger capacity or a lower passenger capacity to limit overall
fishing effort. Because passenger capacity is currently based on the
USCG COI, this limits the ability of the owner of a permitted vessel to
transfer the Gulf for-hire permit to a vessel that has a higher
passenger capacity listed on the COI or to renew the permit under the
higher passenger capacity listed on the COI. Under such scenarios, the
only way to renew or transfer a permit is to have the USCG adjust the
COI so that it is less than or equal to the passenger capacity
identified on the Gulf for-hire permit, which was based on the COI of
the vessel when the moratorium Gulf for-hire permit was first issued,
even though a vessel could safely carry more passengers, or
subsequently has had the COI revised to carry more passengers.
This proposed rule would eliminate the requirement to submit a
current USCG COI with the application to renew or transfer a Gulf for-
hire permit, eliminate the restriction on transfer, and implement a
provision that would prohibit the harvest or possession of reef fish or
CMP species on vessels with a Gulf for-hire permit that is carrying
more passengers than is specified on the Gulf for-hire permit. Because
the passenger capacity for the Gulf for-hire vessel when fishing would
be based on the COI of the vessel when the moratorium Gulf for-hire
permit was first issued, the cap on fishing effort, which was the
original purpose of the moratorium permits, would be maintained. As a
result of this action, the requirements to renew or transfer a for-hire
permit would be simplified, for-hire effort control in the reef fish
and CMP fisheries would be maintained, and vessel owners would be
allowed to carry more passengers for non-fishing activities if their
COI is greater than the passenger capacity on their fore-hire permit.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator, NMFS, has determined that this proposed rule
is consistent with the abbreviated framework, the FMP, the Magnuson-
Stevens Act and other applicable law, subject to further consideration
after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if implemented, would not have
a significant economic impact on a substantial number of small
entities. The factual basis for this determination is as follows:
The purpose of this proposed rule is to eliminate the requirement
to use the passenger capacity listed on the USCG COI in the renewal or
transfer of Federal Gulf for-hire permits and instead, implement the
requirement to use the passenger capacity listed on the Gulf for-hire
permit. This would be expected to increase the profits of affected Gulf
for-hire businesses while continuing to prevent overfishing and
achieving the OY of the species harvested by these businesses. The
Magnuson-Stevens Act provides the statutory basis for this proposed
action. No duplicative, overlapping, or conflicting Federal rules have
been identified. This proposed rule would not introduce any changes to
current reporting, record-keeping, or other compliance requirements,
except as discussed below with respect to passenger capacity fishing
restrictions.
This proposed rule would be expected to affect all for-hire vessels
with a Gulf for-hire permit. A Gulf for-hire permit is required for
for-hire vessels to harvest reef fish or CMP species in the Gulf
exclusive economic zone (EEZ). On March 1, 2013, 1,348 vessels had a
valid (non-expired) or renewable reef fish for-hire permit and 1,377
vessels had a valid or renewable CMP for-hire permit. An expired permit
is renewable for one year after expiration. Many Gulf for-hire vessels
have both the reef fish and CMP charter for-hire permits and 1,440
unique vessels had one (either a reef fish or CMP permit) or both for-
hire permits. The Gulf for-hire fleet is comprised of charter vessels,
which charge a fee on a vessel basis, and headboats, which charge a fee
on an individual angler (head) basis. Among the 1,440 vessels with at
least one Gulf for-hire permit, 80 are believed to primarily operate as
headboats and 1,360 primarily operate as charter vessels.
This proposed rule would also affect Gulf for-hire vessels that do
not have a Gulf for-hire permit that attempt to purchase and receive
through transfer a Gulf for-hire permit from a permitted vessel. The
number of Gulf for-hire vessels that do not have a Gulf for-hire permit
and may wish to acquire one through transfer is unknown.
The average charter vessel is estimated to earn approximately
$81,700 (2012 dollars) and the average headboat is estimated to earn
approximately $247,000. These estimates apply to vessels with and
without a Gulf for-hire permit.
NMFS has not identified any other small entities that would be
expected to be directly affected by this proposed rule.
The Small Business Administration has established size criteria for
all major industry sectors in the U.S., including fish harvesters. A
business involved in the for-hire fishing industry is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its
[[Page 37502]]
affiliates), and has combined annual receipts not in excess of $7.0
million (NAICS code 713990, recreational industries) for all its
affiliated operations worldwide. All for-hire vessels expected to be
directly affected by this proposed rule are believed to be small
business entities.
The proposed elimination of the use of the passenger capacity
specified on the USCG COI during the transfer or renewal process for
Federal Gulf for-hire permits would be expected to allow Gulf for-hire
permit transfers and renewals to occur in a timelier and more efficient
manner, result in less disruption in vessel operation, and result in
increased revenue to affected entities. Vessels with a higher passenger
capacity on their COI than on their Gulf for-hire permit, in the case
of permit renewals, or on the Gulf for-hire permit they are attempting
to acquire through transfer, would not be required to obtain a new COI
with an adjusted (lower) passenger capacity to match the passenger
capacity listed on the Gulf for-hire permit. As a result, these vessels
would not have to incur the costs associated with re-inspection or
reduced revenue associated with operational delay re-inspection may
precipitate. Vessels that provide non-fishing for-hire services could
carry more passengers, subject to the passenger capacity specified by
their COI, than when fishing and not be limited to the lower passenger
capacity specified on their Gulf for-hire permit. As a result, revenue
from these services (non-fishing for-hire) could be increased.
Available data, however, are insufficient to quantify these potential
increases.
The proposed prohibition on the harvest or possession of reef fish
and CMP species on vessels with a Gulf for-hire permit that is carrying
more passengers than is specified on the Gulf for-hire permit would be
expected to reduce revenue for vessels that may previously have carried
more passengers than specified on their Gulf for-hire permit, though
few vessels are expected to have engaged in this practice. Current
regulation, although intended to limit effort per vessel to the number
of passengers on the original moratorium permit, only places passenger
restrictions on the renewal or transfer of for-hire permits; no
passenger restrictions are placed on the vessel when engaged in
fishing. In theory, the restrictions placed on permit renewal or
transfer should have, were intended to, and likely did, result in
vessels with consistent (equal) passenger limits specified on both the
Gulf for-hire permit and the COI. In practice, however, it has been
possible for the passenger limits on the two documents to be unequal
and, as a result, allow a vessel to carry more passengers when fishing
than the limit specified on the Gulf for-hire permit. This could occur
if, for example, a vessel renewed the Gulf for-hire permit, or received
one through transfer, was re-inspected by the USCG, and received a COI
with a higher maximum passenger limit than specified on the Gulf for-
hire permit. If inspected at sea, the vessel would not violate
passenger restrictions as long as the number of passengers was less
than or equal to the safe limit specified on the COI even if carrying
more passengers than specified on the Gulf for-hire permit. As a
result, the vessel could carry more passengers while fishing than
specified on the Gulf for-hire permit and benefit, financially, from
the higher passenger load. This would be a temporary advantage to the
vessel, however, the permit could not be renewed (or transferred) with
a COI with a higher passenger limit than specified on the Gulf for-hire
permit. Thus, to continue to carry more passengers than specified on
the Gulf for-hire permit when fishing, a new COI would have to be
obtained specifying the lower limit prior to permit renewal and, upon
renewal, re-inspection would need to occur to ``recover'' the higher
limit. Such behavior would not be expected to be common or frequent.
Although the fee for inspection may not be onerous, $300 for a vessel
less than 65 ft (20 m) in length, relative to the potential increase in
revenue associated with carrying more passengers, justifying to the
USCG the need for doubling of the number of inspections as a strategic
move may be difficult. Additionally, the ability to carry more
passengers under a situation like this has likely been a regulatory
loophole that few, if any, vessel owners are expected to have
identified in the past, or would recognize in the future, and taken
advantage of even temporarily. As a result, although the proposed
prohibition would prevent behavior previously allowed, little to no
change in economic benefits would be expected because the behavior that
would be prohibited is not believed to have occurred in the past or be
expected to occur in the future in the absence of this proposed
prohibition.
Few vessels have encountered a problem associated with Gulf for-
hire permit renewal or transfer due to passenger capacity issues in
recent years, with only an estimated seven denials (renewal or
transfer) occurring from 2011 through the time of this analysis. Thus,
only a small portion of the Gulf for-hire fleet has been directly
affected by current regulations. However, with declining seasons for
some key species, notably red snapper, the decline in the general
national economy and slow pace of economic recovery, service
diversification may become increasingly important to help Gulf for-hire
businesses remain economically viable. Thus, for some individual small
businesses, the economic effects of this proposed rule could be
significant. However, overall, because few vessels have encountered a
problem with conflicting passenger capacities on their Gulf for-hire
permit and COI at either the permit renewal or transfer stage, only a
small portion of the Gulf for-hire fleet would be expected to be
directly affected by this proposed action.
In summary, the proposed rule, if implemented, would not be
expected to have a significant impact on a substantial number of small
entities and, as a result, an initial regulatory flexibility analysis
is not required and none has been prepared.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to a penalty for failure
to comply with, a collection-of-information subject to the requirements
of the Paperwork Reduction Act (PRA), unless that collection-of-
information displays a currently valid OMB control number.
This proposed rule contains collection-of-information requirements
subject to the PRA. NMFS is revising the collection-of-information
requirements under OMB control number 0648-0205. NMFS estimates
eliminating the requirement for Gulf for-hire permit holders to submit
a current COI to renew or transfer a Gulf reef fish or CMP for-hire
permit would decrease the overall reporting burden under OMB control
number 0648-0205. The requirement to submit a current COI would be
removed from the instructions on the Federal Permit Application for
Vessels Fishing in the EEZ and a COI would not need to be submitted
with the application to renew or transfer a permit. NMFS estimates
these requirements would decrease the reporting burden for Gulf for-
hire permit holders who are renewing or transferring a Gulf for-hire
permit on average by 1 minute per response. These estimates of the
public reporting burden include the time for reviewing instructions,
gathering and maintaining the data needed, and completing and reviewing
the collection-of-information.
These requirements have been submitted to OMB for approval. NMFS
seeks public comment regarding:
[[Page 37503]]
Whether this proposed collection-of-information is necessary for the
proper performance of the functions of the agency, including whether
the information will have practical utility; the accuracy of the burden
estimate; ways to enhance the quality, utility, and clarity of the
information to be collected; and ways to minimize the burden of the
collection-of-information, including through the use of automated
collection techniques or other forms of information technology. Send
comments regarding the burden estimate or any other aspect of the
collection-of-information requirement, including suggestions for
reducing the burden, to NMFS and to OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 622
Certificate of inspection, Fisheries, Fishing, For-Hire, Gulf,
Reporting and recordkeeping requirements.
Dated: June 18, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, 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. 622.13, paragraph (g) is added to read as follows:
Sec. 622.13 Prohibitions--general.
* * * * *
(g) Fail to comply with the passenger capacity related requirements
in Sec. Sec. 622.20(b)(1) and 622.373(b)(1).
0
3. In Sec. 622.20, paragraphs (b)(1)(i)(A) and (B) are revised and
paragraph (b)(1)(iv) is added to read as follows:
Sec. 622.20 Permits and endorsements.
* * * * *
(b) * * *
(1) * * *
(i) * * *
(A) Permits without a historical captain endorsement. A charter
vessel/headboat permit for Gulf reef fish that does not have a
historical captain endorsement is fully transferable, with or without
sale of the permitted vessel.
(B) Permits with a historical captain endorsement. A charter
vessel/headboat permit for Gulf reef fish that has a historical captain
endorsement may only be transferred to a vessel operated by the
historical captain and is not otherwise transferable.
* * * * *
(iv) Passenger capacity compliance requirement. A vessel operating
as a charter vessel or headboat with a valid charter vessel/headboat
permit for Gulf reef fish, which is carrying more passengers on board
the vessel than is specified on the permit, is prohibited from
harvesting or possessing the species identified on the permit.
* * * * *
0
4. In Sec. 622.373, paragraphs (b)(1) and (2) are revised and
paragraph (e) is added to read as follows:
Sec. 622.373 Limited access system for charter vessel/headboat
permits for Gulf coastal migratory pelagic fish.
* * * * *
(b) * * *
(1) Permits without a historical captain endorsement. A charter
vessel/headboat permit for Gulf coastal migratory pelagic fish that
does not have a historical captain endorsement is fully transferable,
with or without sale of the permitted vessel.
(2) Permits with a historical captain endorsement. A charter
vessel/headboat permit for Gulf coastal migratory pelagic fish that has
a historical captain endorsement may only be transferred to a vessel
operated by the historical captain and is not otherwise transferable.
* * * * *
(e) Passenger capacity compliance requirement. A vessel operating
as a charter vessel or headboat with a valid charter vessel/headboat
permit for Gulf coastal migratory pelagic fish, which is carrying more
passengers on board the vessel than is specified on the permit, is
prohibited from harvesting or possessing the species identified on the
permit.
[FR Doc. 2013-14907 Filed 6-20-13; 8:45 am]
BILLING CODE 3510-22-P
