Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Historical Captain Permits Conversions, 22043-22045 [2020-07762]
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Federal Register / Vol. 85, No. 77 / Tuesday, April 21, 2020 / Rules and Regulations
List of Subjects in 47 CFR Part 64
Communications common carriers,
Carrier equipment, Reporting and
recordkeeping requirements,
Telecommunications, Telephone.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 64
follows:
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
1. The authority citation for part 64 is
revised to read as follows:
■
Authority: 47 U.S.C. 154, 201, 202, 217,
218, 220, 222, 225, 226, 227, 227b, 228,
251(a), 251(e), 254(k), 262, 403(b)(2)(B), (c),
616, 620, 1401–1473, unless otherwise noted;
Pub. L. 115–141, Div. P, sec. 503, 132 Stat.
348, 1091.
2. Add Subpart HH, consisting of
§§ 64.6300 and 64.6301, to read as
follows:
■
Subpart HH—Caller ID Authentication
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§ 64.6300
Definitions.
(a) Authenticate caller identification
information. The term ‘‘authenticate
caller identification information’’ refers
to the process by which a voice service
provider attests to the accuracy of caller
identification information transmitted
with a call it originates.
(b) Caller identification information.
The term ‘‘caller identification
information’’ has the same meaning
given the term ‘‘caller identification
information’’ in 47 CFR 64.1600(c) as it
currently exists or may hereafter be
amended.
(c) Intermediate provider. The term
‘‘intermediate provider’’ means any
entity that carriers or processes traffic
that traverses or will traverse the PSTN
at any point insofar as that entity
neither originates nor terminates that
traffic.
(d) SIP call. The term ‘‘SIP call’’ refers
to calls initiated, maintained, and
terminated using the Session Initiation
Protocol signaling protocol.
(e) STIR/SHAKEN authentication
framework. The term ‘‘STIR/SHAKEN
authentication framework’’ means the
secure telephone identity revisited and
signature-based handling of asserted
information using tokens standards.
(f) Verify caller identification
information. The term ‘‘verify caller
identification information’’ refers to the
process by which a voice service
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provider confirms that the caller
identification information transmitted
with a call it terminates was properly
authenticated.
(g) Voice service. The term ‘‘voice
service’’—
(1) Means any service that is
interconnected with the public switched
telephone network and that furnishes
voice communications to an end user
using resources from the North
American Numbering Plan or any
successor to the North American
Numbering Plan adopted by the
Commission under section 251(e)(1) of
the Communications Act of 1934, as
amended; and
(2) Includes—
(i) Transmissions from a telephone
facsimile machine, computer, or other
device to a telephone facsimile
machine; and
(ii) Without limitation, any service
that enables real-time, two-way voice
communications, including any service
that requires internet Protocolcompatible customer premises
equipment and permits out-bound
calling, whether or not the service is
one-way or two-way voice over internet
Protocol.
§ 64.6301
Caller ID authentication.
(a) STIR/SHAKEN Implementation by
Voice Service Providers. Not later than
June 30, 2021, a voice service provider
shall fully implement the STIR/
SHAKEN authentication framework in
its internet Protocol networks. To fulfill
this obligation, a voice service provider
shall:
(1) Authenticate and verify caller
identification information for all SIP
calls that exclusively transit its own
network;
(2) Authenticate caller identification
information for all SIP calls it originates
and that will exchange with another
voice service provider or intermediate
provider and, to the extent technically
feasible, transmit that call with caller ID
authentication information to the next
voice service provider or intermediate
provider in the call path; and
(3) Verify caller identification
information for all SIP calls it receives
from another voice service provider or
intermediate provider which it will
terminate and for which the caller
identification information has been
authenticated.
(b) [Reserved].
[FR Doc. 2020–07585 Filed 4–20–20; 8:45 am]
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22043
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 200408–0106]
RIN 0648–BI12
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Historical
Captain Permits Conversions
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement management measures as
described in an abbreviated framework
action to the Fishery Management Plans
(FMPs) for the Reef Fish Resources of
the Gulf of Mexico (Reef Fish FMP) and
Coastal Migratory Pelagic Resources of
the Gulf of Mexico and Atlantic Region
(CMP FMP). This final rule enables
eligible permit holders to replace
historical captain endorsements in the
reef fish and CMP fisheries in the Gulf
of Mexico (Gulf) with standard Federal
charter vessel/headboat permits to
reduce the regulatory and economic
burden on historical captains. In
addition, NMFS is correcting an
inadvertent error in the final rule for
Amendment 20A to the CMP FMP
regarding commercial king mackerel
permit requirements.
DATES: This final rule is effective on
May 21, 2020.
ADDRESSES: Electronic copies of the
abbreviated framework document that
contains an environmental assessment
and a Regulatory Flexibility Act (RFA)
analysis may be obtained from the
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
framework-action-replacementhistorical-captain-permits-standardfederal-charter-headboat.
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Gulf of Mexico Fishery Management
Council (Gulf Council) manage reef fish
in Gulf Federal waters under the Reef
Fish FMP. The CMP fishery in Gulf and
Atlantic Federal waters is managed
jointly by the Gulf Council and South
Atlantic Fishery Management Council
(Councils). The Gulf Council prepared
the Reef Fish FMP and the Councils
jointly prepared the CMP FMP. NMFS
SUMMARY:
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Federal Register / Vol. 85, No. 77 / Tuesday, April 21, 2020 / Rules and Regulations
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implements the FMPs through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) (16 U.S.C.
1801 et seq.).
On January 23, 2020, NMFS
published a proposed rule in the
Federal Register for the abbreviated
framework action and requested public
comment (85 FR 3885, January 23,
2020). The proposed rule and the
abbreviated framework action outline
the rationale for the action contained in
this final rule. A summary of the
management measure described in the
abbreviated framework action and
implemented by this final rule is
provided below.
Management Measure Contained in
This Final Rule
This final rule enables a permit holder
with an eligible historical captain
endorsement to convert that
endorsement to a standard Federal Gulf
reef fish or Gulf CMP charter vessel/
headboat permit, as applicable, and
extends the same rights and
responsibilities of these standard forhire permits to eligible individuals who
choose to convert their historical
captain permits to standard permits. An
eligible historical captain endorsement,
referred to hereafter as a historical
captain permit, is one that was valid,
non-expired, or renewable as of October
25, 2018, the qualifying date determined
by the Gulf Council.
If an individual who held an eligible
historical captain permit wishes to
retain a historical captain permit, the
individual can renew the permit as done
in previous years. This will include
filling out all sections of the permit
application specifically related to the
historical captain permit renewal
process and providing the appropriate
supporting documents and fees to the
NMFS Southeast Region Permits Office.
If an individual with an eligible
historical captain permit wishes to
convert the permit to a standard reef
fish or CMP charter vessel/headboat
permit, the individual must submit a
permit application to NMFS along with
their current historical captain permit
(original document, not a copy) and
supporting documents and fees,
including documentation for the vessel
to which the standard for-hire permit
will be attached. Unlike a historical
captain permit, which is issued to an
individual, a standard permit must be
issued to a vessel with a valid U.S.
Coast Guard (USCG) certificate of
documentation (COD) or state
registration certificate (50 CFR 622.4(a)).
If the permit applicant is the owner of
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the vessel, NMFS Permits Office staff
will verify that the vessel for which the
new for-hire permit will be issued is
owned by the applicant and does not
have an existing Gulf reef fish or CMP
charter vessel/headboat permit
associated with it, as vessels are not
allowed to have multiple charter vessel/
headboat permits of the same type
associated with them.
If the vessel to which the permit will
be attached is to be leased, a fully
executed lease agreement of at least 7
months, between the vessel owner and
permit holder, will need to be included
with the application. Note that vessel
owners and lessees cannot
independently hold permits for the
same vessel at the same time. NMFS
Permits Office staff will then verify the
vessel does not have any other Federal
permit(s) associated with it in another
permit holder’s name.
Once NMFS verifies that the
information provided with the
application allows for the conversion,
the historical captain permit will then
be converted to a standard reef fish or
CMP charter vessel/headboat permit.
Historical captain permit numbers are
unique, and the new permit will keep
the existing permit number (e.g., HRCG–
9999 will convert to RCG–9999). A
standard for-hire permit issued as a
result of this final rule will have the
same passenger capacity limitation as
the historical captain permit that it will
replace.
Any application to convert from a
historical captain permit to a standard
permit must be submitted to NMFS
within 2 years of the effective date of
this final rule. Any application
submitted more than 2 years after the
effective date of this final rule will not
be accepted by NMFS, and the
individual will instead retain their
historical captain permit. In addition, if
an individual redeems an outstanding
letter of eligibility for a historical
captain permit before the effective date
of this final rule, they will receive a
historical captain permit, but they will
not be eligible to convert that historical
captain permit into a standard for-hire
permit. Any letters of eligibility not
redeemed will no longer be valid as of
the effective date of this final rule.
Comments and Responses
NMFS received seven comments on
the proposed rule for the abbreviated
framework action. All of the comments
that addressed the actions considered by
the Gulf Council and included in the
proposed rule were supportive of having
the conversion. However, one comment
disagreed with some aspects of the
proposal. This comment is summarized
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below, followed by NMFS’ response.
NMFS made no changes to the final rule
resulting from public comments.
Comment 1: All historical captain
permits that are active as of the effective
date of this final rule should be
converted to standard permits,
including those permits obtained after
the October 2018 Gulf Council meeting.
Response: NMFS disagrees. Some
individuals expressed an interest in
maintaining the historical captain
permit. Therefore, the Gulf Council
decided to allow individuals to choose
whether to convert their historical
captain permit to a standard for-hire
permit or retain their historical captain
permit.
The Council also determined that it
was appropriate to limit this choice to
individuals who have relied on the
historical captain’s permit for their
livelihood and may be negatively
impacted by the permit’s restrictions.
Therefore, the Council decided that only
the 32 CMP historical captain permits
and 31 Gulf reef fish historical captain
permits that were valid (non-expired) or
renewable when the Council considered
this action in October 2018 are eligible
for replacement with corresponding
standard charter vessel/headboat
permits. NMFS agrees that this
appropriate because those individuals
have shown reliance on, and an interest
in remaining in, the fishery by obtaining
and renewing their permits.
Changes to Codified Text Not in the
Abbreviated Framework Action
In June 2014, NMFS published the
final rule for Amendment 20A to the
CMP FMP in the Federal Register (79
FR 34246, June 16, 2014). Amendment
20A removed the income qualification
requirements for Spanish and king
mackerel in the Gulf and Atlantic and
restricted the sale of these species
caught under the recreational bag limit.
However, in the final rule for
Amendment 20A, a regulation regarding
the transfer requirements of limited
access commercial vessel permits for
king mackerel (50 CFR 622.371(b)), was
inadvertently removed. As a result,
current regulations unnecessarily
restrict the transfer of Gulf commercial
king mackerel permits to another vessel
owned by the same entity. NMFS has
only recently become aware of this
error.
Changes From the Proposed Rule
In the proposed rule, the regulatory
text in paragraphs 622.20(b)(1)(v) and
622.373(f) stated that the deadline for
the permit holder to submit a permit
application to the NMFS Regional
Administrator (RA) to convert an
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Federal Register / Vol. 85, No. 77 / Tuesday, April 21, 2020 / Rules and Regulations
eligible charter vessel/headboat permit
with a historical captain endorsement
would be ‘‘25 months after the effective
date’’ of the final rule (85 FR 3885,
January 23, 2020). That text should have
stated that the deadline is ‘‘25 months
after the date of publication’’ of the final
rule, which is 2 years (24 months) after
the effective date. This was correctly
stated in the preamble to the proposed
rule and is consistent with the Gulf
Council’s intent.
Classification
The RA for the NMFS Southeast
Region determined that this final rule is
consistent with the abbreviated
framework action, the FMPs, the
Magnuson-Stevens Act, and other
applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866. This final rule
is considered an Executive Order 13771
deregulatory action.
The Magnuson-Stevens Act provides
the statutory basis for this rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. A
description of this final rule, why it is
being implemented, and the purpose of
this final rule are contained in the
SUMMARY and SUPPLEMENTARY
INFORMATION sections of this final rule.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this rule
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
determination was published in the
proposed rule and is not repeated here.
No comments were received regarding
the certification and NMFS has not
received any new information that
would affect its determination. As a
result, a final regulatory flexibility
analysis was not required and none was
prepared.
List of Subjects in 50 CFR Part 622
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Fish, Fisheries, Gulf of Mexico,
Historical captain, Permits, Transfer.
Dated: April 8, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
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PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.20, revise paragraph (b)(1)
introductory text and add paragraph
(b)(1)(v) to read as follows:
■
§ 622.20
Permits and endorsements.
*
*
*
*
*
(b) * * *
(1) Limited access system for charter
vessel/headboat permits for Gulf reef
fish. No applications for additional
charter vessel/headboat permits for Gulf
reef fish will be accepted. Existing
permits may be renewed, are subject to
the restrictions on transfer in paragraph
(b)(1)(i) of this section, and are subject
to the renewal requirements in
paragraph (b)(1)(ii) of this section. An
eligible charter vessel/headboat permit
with a historical captain endorsement
may be converted to a charter vessel/
headboat permit without a historical
captain endorsement, per the procedure
in paragraph (b)(1)(v) of this section.
*
*
*
*
*
(v) Procedure for conversion of permit
with historical captain endorsement. A
charter vessel/headboat permit with a
historical captain endorsement that was
valid or renewable on October 25, 2018,
may be converted to a charter vessel/
headboat permit for Gulf reef fish
without a historical captain
endorsement. A charter vessel/headboat
permit with a historical captain
endorsement that is converted to a
charter vessel/headboat permit without
a historical captain endorsement will
retain the same vessel permit maximum
passenger capacity as the permit it
replaces. To convert an eligible charter
vessel/headboat permit with a historical
captain endorsement, the permit holder
must submit a permit application to the
RA by May 23, 2022. If no application
to convert an eligible charter vessel/
headboat permit with a historical
captain endorsement is submitted by
May 23, 2022, the permit holder will
retain a charter vessel/headboat permit
with the historical captain endorsement
that is subject to the restrictions
described in paragraph (b)(1)(i)(B) of
this section.
*
*
*
*
*
■ 3. In § 622.371, revise paragraph (b) to
read as follows:
22045
(b) An owner of a permitted vessel
may transfer the commercial vessel
permit for king mackerel issued under
this limited access system to another
vessel owned by the same entity. A
permit holder may also transfer the
commercial vessel permit for king
mackerel to the owner of another vessel
or to a new vessel owner when he or she
transfers ownership of the permitted
vessel.
*
*
*
*
*
4. In § 622.373, revise paragraph (a)
and add paragraph (f) to read as follows:
■
§ 622.373 Limited access system for
charter vessel/headboat permits for Gulf
coastal migratory pelagic fish.
(a) General. No applications for
additional charter vessel/headboat
permits for Gulf coastal migratory
pelagic fish will be accepted. Existing
permits may be renewed, are subject to
the restrictions on transfer in paragraph
(b) of this section, and are subject to the
renewal requirements in paragraph (c)
of this section. An eligible charter
vessel/headboat permit with a historical
captain endorsement may be converted
to a charter vessel/headboat permit
without a historical captain
endorsement, per procedures at
paragraph (f) of this section.
*
*
*
*
*
(f) Procedure for conversion of permit
with historical captain endorsement. A
charter vessel headboat permit with a
historical captain endorsement that was
valid or renewable on October 25, 2018,
may be converted to a charter vessel/
headboat permit for Gulf coastal
migratory pelagic fish without a
historical captain endorsement as
described in paragraph (b)(1) of this
section. A charter vessel/headboat
permit with a historical captain
endorsement that is converted to a
charter vessel/headboat permit without
a historical captain endorsement will
retain the same vessel permit maximum
passenger capacity as the permit it
replaces. To convert an eligible charter
vessel/headboat permit with a historical
captain endorsement, the permit holder
must submit a permit application to the
RA by May 23, 2022. If no application
to convert an eligible charter vessel/
headboat permit with a historical
captain endorsement is submitted by
May 23, 2022, the permit holder will
retain a charter vessel/headboat permit
with the historical captain endorsement
that is subject to the restrictions
described in paragraph(b)(2) of this
section.
§ 622.371 Limited access system for
commercial vessel permits for king
mackerel.
[FR Doc. 2020–07762 Filed 4–20–20; 8:45 am]
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]]>Agencies
[Federal Register Volume 85, Number 77 (Tuesday, April 21, 2020)]
[Rules and Regulations]
[Pages 22043-22045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07762]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 200408-0106]
RIN 0648-BI12
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Historical Captain Permits Conversions
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations to implement management measures as
described in an abbreviated framework action to the Fishery Management
Plans (FMPs) for the Reef Fish Resources of the Gulf of Mexico (Reef
Fish FMP) and Coastal Migratory Pelagic Resources of the Gulf of Mexico
and Atlantic Region (CMP FMP). This final rule enables eligible permit
holders to replace historical captain endorsements in the reef fish and
CMP fisheries in the Gulf of Mexico (Gulf) with standard Federal
charter vessel/headboat permits to reduce the regulatory and economic
burden on historical captains. In addition, NMFS is correcting an
inadvertent error in the final rule for Amendment 20A to the CMP FMP
regarding commercial king mackerel permit requirements.
DATES: This final rule is effective on May 21, 2020.
ADDRESSES: Electronic copies of the abbreviated framework document that
contains an environmental assessment and a Regulatory Flexibility Act
(RFA) analysis may be obtained from the Southeast Regional Office
website at https://www.fisheries.noaa.gov/action/framework-action-replacement-historical-captain-permits-standard-federal-charter-headboat.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast
Regional Office, telephone: 727-824-5305, email:
[email protected].
SUPPLEMENTARY INFORMATION: NMFS and the Gulf of Mexico Fishery
Management Council (Gulf Council) manage reef fish in Gulf Federal
waters under the Reef Fish FMP. The CMP fishery in Gulf and Atlantic
Federal waters is managed jointly by the Gulf Council and South
Atlantic Fishery Management Council (Councils). The Gulf Council
prepared the Reef Fish FMP and the Councils jointly prepared the CMP
FMP. NMFS
[[Page 22044]]
implements the FMPs through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.).
On January 23, 2020, NMFS published a proposed rule in the Federal
Register for the abbreviated framework action and requested public
comment (85 FR 3885, January 23, 2020). The proposed rule and the
abbreviated framework action outline the rationale for the action
contained in this final rule. A summary of the management measure
described in the abbreviated framework action and implemented by this
final rule is provided below.
Management Measure Contained in This Final Rule
This final rule enables a permit holder with an eligible historical
captain endorsement to convert that endorsement to a standard Federal
Gulf reef fish or Gulf CMP charter vessel/headboat permit, as
applicable, and extends the same rights and responsibilities of these
standard for-hire permits to eligible individuals who choose to convert
their historical captain permits to standard permits. An eligible
historical captain endorsement, referred to hereafter as a historical
captain permit, is one that was valid, non-expired, or renewable as of
October 25, 2018, the qualifying date determined by the Gulf Council.
If an individual who held an eligible historical captain permit
wishes to retain a historical captain permit, the individual can renew
the permit as done in previous years. This will include filling out all
sections of the permit application specifically related to the
historical captain permit renewal process and providing the appropriate
supporting documents and fees to the NMFS Southeast Region Permits
Office.
If an individual with an eligible historical captain permit wishes
to convert the permit to a standard reef fish or CMP charter vessel/
headboat permit, the individual must submit a permit application to
NMFS along with their current historical captain permit (original
document, not a copy) and supporting documents and fees, including
documentation for the vessel to which the standard for-hire permit will
be attached. Unlike a historical captain permit, which is issued to an
individual, a standard permit must be issued to a vessel with a valid
U.S. Coast Guard (USCG) certificate of documentation (COD) or state
registration certificate (50 CFR 622.4(a)). If the permit applicant is
the owner of the vessel, NMFS Permits Office staff will verify that the
vessel for which the new for-hire permit will be issued is owned by the
applicant and does not have an existing Gulf reef fish or CMP charter
vessel/headboat permit associated with it, as vessels are not allowed
to have multiple charter vessel/headboat permits of the same type
associated with them.
If the vessel to which the permit will be attached is to be leased,
a fully executed lease agreement of at least 7 months, between the
vessel owner and permit holder, will need to be included with the
application. Note that vessel owners and lessees cannot independently
hold permits for the same vessel at the same time. NMFS Permits Office
staff will then verify the vessel does not have any other Federal
permit(s) associated with it in another permit holder's name.
Once NMFS verifies that the information provided with the
application allows for the conversion, the historical captain permit
will then be converted to a standard reef fish or CMP charter vessel/
headboat permit. Historical captain permit numbers are unique, and the
new permit will keep the existing permit number (e.g., HRCG-9999 will
convert to RCG-9999). A standard for-hire permit issued as a result of
this final rule will have the same passenger capacity limitation as the
historical captain permit that it will replace.
Any application to convert from a historical captain permit to a
standard permit must be submitted to NMFS within 2 years of the
effective date of this final rule. Any application submitted more than
2 years after the effective date of this final rule will not be
accepted by NMFS, and the individual will instead retain their
historical captain permit. In addition, if an individual redeems an
outstanding letter of eligibility for a historical captain permit
before the effective date of this final rule, they will receive a
historical captain permit, but they will not be eligible to convert
that historical captain permit into a standard for-hire permit. Any
letters of eligibility not redeemed will no longer be valid as of the
effective date of this final rule.
Comments and Responses
NMFS received seven comments on the proposed rule for the
abbreviated framework action. All of the comments that addressed the
actions considered by the Gulf Council and included in the proposed
rule were supportive of having the conversion. However, one comment
disagreed with some aspects of the proposal. This comment is summarized
below, followed by NMFS' response. NMFS made no changes to the final
rule resulting from public comments.
Comment 1: All historical captain permits that are active as of the
effective date of this final rule should be converted to standard
permits, including those permits obtained after the October 2018 Gulf
Council meeting.
Response: NMFS disagrees. Some individuals expressed an interest in
maintaining the historical captain permit. Therefore, the Gulf Council
decided to allow individuals to choose whether to convert their
historical captain permit to a standard for-hire permit or retain their
historical captain permit.
The Council also determined that it was appropriate to limit this
choice to individuals who have relied on the historical captain's
permit for their livelihood and may be negatively impacted by the
permit's restrictions. Therefore, the Council decided that only the 32
CMP historical captain permits and 31 Gulf reef fish historical captain
permits that were valid (non-expired) or renewable when the Council
considered this action in October 2018 are eligible for replacement
with corresponding standard charter vessel/headboat permits. NMFS
agrees that this appropriate because those individuals have shown
reliance on, and an interest in remaining in, the fishery by obtaining
and renewing their permits.
Changes to Codified Text Not in the Abbreviated Framework Action
In June 2014, NMFS published the final rule for Amendment 20A to
the CMP FMP in the Federal Register (79 FR 34246, June 16, 2014).
Amendment 20A removed the income qualification requirements for Spanish
and king mackerel in the Gulf and Atlantic and restricted the sale of
these species caught under the recreational bag limit. However, in the
final rule for Amendment 20A, a regulation regarding the transfer
requirements of limited access commercial vessel permits for king
mackerel (50 CFR 622.371(b)), was inadvertently removed. As a result,
current regulations unnecessarily restrict the transfer of Gulf
commercial king mackerel permits to another vessel owned by the same
entity. NMFS has only recently become aware of this error.
Changes From the Proposed Rule
In the proposed rule, the regulatory text in paragraphs
622.20(b)(1)(v) and 622.373(f) stated that the deadline for the permit
holder to submit a permit application to the NMFS Regional
Administrator (RA) to convert an
[[Page 22045]]
eligible charter vessel/headboat permit with a historical captain
endorsement would be ``25 months after the effective date'' of the
final rule (85 FR 3885, January 23, 2020). That text should have stated
that the deadline is ``25 months after the date of publication'' of the
final rule, which is 2 years (24 months) after the effective date. This
was correctly stated in the preamble to the proposed rule and is
consistent with the Gulf Council's intent.
Classification
The RA for the NMFS Southeast Region determined that this final
rule is consistent with the abbreviated framework action, the FMPs, the
Magnuson-Stevens Act, and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This final rule is considered an
Executive Order 13771 deregulatory action.
The Magnuson-Stevens Act provides the statutory basis for this
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. A description of this final rule, why it is being
implemented, and the purpose of this final rule are contained in the
SUMMARY and SUPPLEMENTARY INFORMATION sections of this final rule.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this rule would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this determination was published in the
proposed rule and is not repeated here. No comments were received
regarding the certification and NMFS has not received any new
information that would affect its determination. As a result, a final
regulatory flexibility analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 622
Fish, Fisheries, Gulf of Mexico, Historical captain, Permits,
Transfer.
Dated: April 8, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is 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. 622.20, revise paragraph (b)(1) introductory text and add
paragraph (b)(1)(v) to read as follows:
Sec. 622.20 Permits and endorsements.
* * * * *
(b) * * *
(1) Limited access system for charter vessel/headboat permits for
Gulf reef fish. No applications for additional charter vessel/headboat
permits for Gulf reef fish will be accepted. Existing permits may be
renewed, are subject to the restrictions on transfer in paragraph
(b)(1)(i) of this section, and are subject to the renewal requirements
in paragraph (b)(1)(ii) of this section. An eligible charter vessel/
headboat permit with a historical captain endorsement may be converted
to a charter vessel/headboat permit without a historical captain
endorsement, per the procedure in paragraph (b)(1)(v) of this section.
* * * * *
(v) Procedure for conversion of permit with historical captain
endorsement. A charter vessel/headboat permit with a historical captain
endorsement that was valid or renewable on October 25, 2018, may be
converted to a charter vessel/headboat permit for Gulf reef fish
without a historical captain endorsement. A charter vessel/headboat
permit with a historical captain endorsement that is converted to a
charter vessel/headboat permit without a historical captain endorsement
will retain the same vessel permit maximum passenger capacity as the
permit it replaces. To convert an eligible charter vessel/headboat
permit with a historical captain endorsement, the permit holder must
submit a permit application to the RA by May 23, 2022. If no
application to convert an eligible charter vessel/headboat permit with
a historical captain endorsement is submitted by May 23, 2022, the
permit holder will retain a charter vessel/headboat permit with the
historical captain endorsement that is subject to the restrictions
described in paragraph (b)(1)(i)(B) of this section.
* * * * *
0
3. In Sec. 622.371, revise paragraph (b) to read as follows:
Sec. 622.371 Limited access system for commercial vessel permits for
king mackerel.
* * * * *
(b) An owner of a permitted vessel may transfer the commercial
vessel permit for king mackerel issued under this limited access system
to another vessel owned by the same entity. A permit holder may also
transfer the commercial vessel permit for king mackerel to the owner of
another vessel or to a new vessel owner when he or she transfers
ownership of the permitted vessel.
* * * * *
0
4. In Sec. 622.373, revise paragraph (a) and add paragraph (f) to read
as follows:
Sec. 622.373 Limited access system for charter vessel/headboat
permits for Gulf coastal migratory pelagic fish.
(a) General. No applications for additional charter vessel/headboat
permits for Gulf coastal migratory pelagic fish will be accepted.
Existing permits may be renewed, are subject to the restrictions on
transfer in paragraph (b) of this section, and are subject to the
renewal requirements in paragraph (c) of this section. An eligible
charter vessel/headboat permit with a historical captain endorsement
may be converted to a charter vessel/headboat permit without a
historical captain endorsement, per procedures at paragraph (f) of this
section.
* * * * *
(f) Procedure for conversion of permit with historical captain
endorsement. A charter vessel headboat permit with a historical captain
endorsement that was valid or renewable on October 25, 2018, may be
converted to a charter vessel/headboat permit for Gulf coastal
migratory pelagic fish without a historical captain endorsement as
described in paragraph (b)(1) of this section. A charter vessel/
headboat permit with a historical captain endorsement that is converted
to a charter vessel/headboat permit without a historical captain
endorsement will retain the same vessel permit maximum passenger
capacity as the permit it replaces. To convert an eligible charter
vessel/headboat permit with a historical captain endorsement, the
permit holder must submit a permit application to the RA by May 23,
2022. If no application to convert an eligible charter vessel/headboat
permit with a historical captain endorsement is submitted by May 23,
2022, the permit holder will retain a charter vessel/headboat permit
with the historical captain endorsement that is subject to the
restrictions described in paragraph(b)(2) of this section.
[FR Doc. 2020-07762 Filed 4-20-20; 8:45 am]
BILLING CODE 3510-22-P
