Reef Fish Fishery of the Gulf of Mexico; Amendment 11

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 641

[Docket No. 950810-206-5224-02; I.D. 082395A]

RIN 0648-AG29

Reef Fish Fishery of the Gulf of Mexico; Amendment 11

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule, request for comments.

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SUMMARY: NMFS issues this proposed rule to implement Amendment 11 to

the Fishery Management Plan for the Reef Fish Resources of the Gulf of

Mexico (FMP). Amendment 11 proposes to revise the framework procedure

for modifying management measures, change the definition of optimum

yield (OY), restrict the sale/purchase of reef fish harvested from the

exclusive economic zone (EEZ) to permitted reef fish vessels/dealers,

allow transfer of reef fish permits and fish trap endorsements under

specified circumstances, implement a new reef fish permit moratorium,

and require charter vessel and headboat permits. NMFS, based on a

preliminary evaluation of Amendment 11, has disapproved three of the

measures in the amendment because they are inconsistent with the

Magnuson Fishery Conservation and Management Act (Magnuson Act). The

proposed rule would implement the remaining measures in Amendment 11.

The intended effects of the proposed rule are to improve procedures for

timely management, relieve restrictions and hardships, and enhance

enforceability of the regulations.

DATES: Written comments must be received on or before October 27, 1995.

ADDRESSES: Comments on the proposed rule must be sent to Robert Sadler,

Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St.

Petersburg, FL 33702.

Requests for copies of Amendment 11, which includes an

environmental assessment, a regulatory impact review (RIR), and an

initial regulatory flexibility analysis (IRFA), should be sent to the

Gulf of Mexico Fishery Management Council, 5401 West Kennedy Boulevard,

Suite 331, Tampa, FL 33609.

Comments regarding the collection-of-information requirement

contained in this proposed rule should be sent to Edward E. Burgess,

Southeast Regional Office, NMFS, 9721 Executive Center Drive, St.

Petersburg, FL 33702 and to the Office of Information and Regulatory

Affairs, Office of Management and Budget (OMB), Washington, DC 20503

(Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Michael E. Justen or Robert Sadler,

813-570-5305.

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico

is managed under the FMP. The FMP was prepared by the Gulf of Mexico

Fishery Management Council (Council) and is implemented through

regulations at 50 CFR part 641 under the authority of the Magnuson Act.

Minor Revisions to the FMP's Procedure

The Council has proposed editorial changes to the FMP's annual

procedure for specifying total allowable catch (TAC) to reflect its

current practice of Socioeconomic Panel review of the annual stock

assessments. The Council also proposes to specify in the procedure that

the recovery period will be set by the Council, not the Stock

Assessment Panel. These changes are described in Amendment 11 and are

not repeated here.

Allowance for TAC to Exceed Allowable Biological Catch

The Council has proposed to modify the language of the procedure to

allow TAC to exceed the allowable biological catch (ABC) level

specified for stocks not assessed as overfished. The purpose of this

measure is to allow a digression from maintaining TAC at or below ABC

when necessary to address short-term economic or social concerns. The

Council's intent is to ease restrictions in setting TAC, and to make

the FMP consistent with similar language in the Fishery Management Plan

for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and

South Atlantic.

This measure does not have any time constraints or upper limits for

the digression. Application of this approach is risk prone in that it

would not assure the prevention of overfishing before the Council could

take corrective action. Therefore, NMFS has determined that this

measure is inconsistent with National Standard 1 of the Magnuson Act.

Accordingly, the Director, Southeast Region, NMFS (Regional Director),

finds that this provision must be disapproved under the Magnuson Act

and has not included it in this proposed rule.

Biological Generation Time

The FMP's procedure provides for specification of a recovery period

for each stock up to 1.5 times the biological generation time. The

``biological generation time'' specified in the FMP is equal to the age

at which the average female achieves half of her expected lifetime egg

production. Recovery periods longer than 1.5 times the biological

generation time may be proposed by amendment to the FMP.

The Council is proposing to increase the upper limit for

specification of the recovery period for red snapper from 1.5 to 2.0

times the biological generation time, or other biologically based

recovery period developed by the Reef Fish Stock Assessment Panel,

Socioeconomic Panel, Scientific and Statistical Committee, and Advisory

Panel and approved by the Council. The upper limit of 2.0 times the

biological generation time equates to a maximum recovery target year of

2017, assuming a biological generation time for red snapper of 13.6

years (with a natural mortality rate estimate of M = 0.2).

The Council selected this alternative because many fishermen are

heavily dependent on red snapper, and the increased flexibility will

allow greater consideration of social and economic considerations in

the recovery schedule for this species.

Given the known overfished state of the red snapper stock, this

change increases the chances of a stock collapse in the event of one or

more year class recruitment failures rather than assuring the

prevention of overfishing. Accordingly, NMFS has determined that this

measure is inconsistent with National Standards 1 (prevention of

overfishing) and 2 (best available scientific information).

Accordingly, the Regional Director finds that this provision must be

disapproved under the Magnuson Act and therefore has not included it in

this proposed rule.

[[Page 47342]]

Changes to the FMP's Definition of Optimum Yield

The current definition of OY is to stabilize long-term population

levels of all reef fish species by establishing a certain survival rate

of biomass into the stock of spawning age to achieve at least 20

percent spawning potential ratio (SPR). The Council considered several

OY definitions based on the recommendation of the SPR Strategy

Committee that OY should not be the same as the definition of

overfishing. The Council proposes to set OY based on an SPR level

corresponding to F0.1 until an alternative operational definition

that optimizes ecological, economic, and social benefits to the Nation

has been developed by Reef Fish Stock Assessment Panel, Socioeconomic

Panel, Scientific and Statistical Committee, and Reef Fish Advisory

Panel, and approved by the Council. Under current management

conditions, SPR at F0.1 is approximately 34 percent for red

snapper, 46 percent for red grouper, and 48 percent for gag.

The proposed management regime sets OY for each stock based on a

spawning potential ratio (SPR) level corresponding to F0.1 until

an alternative operational definition that optimizes ecological,

economic and social benefits to the Nation has been developed. However,

the Southeast Fisheries Science Center (SEFSC) has determined that the

analysis underlying this OY definition is incomplete. For example, the

Council's document failed to address the relationship between this

formula and the issues of bycatch and minimum size. A complete analysis

of the impact of bycatch and minimum size on the formula would reveal

extreme ranges in SPR targets from year to year, causing significant

instability in the fishery. Without a thorough review of the impacts of

this proposed OY definition, this information cannot be considered the

best scientific information available. Therefore, NMFS has determined

that this measure is inconsistent with National Standard 2.

Accordingly, the Regional Director finds that this provision must be

disapproved under the Magnuson Act and it is not included in this

proposed rule.

Use of F0.1 to define OY also would be inconsistent with

National Standard 1. Under National Standard 1, the most important

limitation on the specification of OY is that the choice of OY, and the

conservation and management measures designed to achieve it, must

prevent overfishing. Since use of F0.1 is not appropriate for the

reef fish fisheries, there is no assurance that the choice of OY and

the conservation and management measures selected to achieve OY will

actually prevent overfishing.

Restrictions on Reef Fish Transactions

To ensure that catches of reef fish are properly tracked, the sale

of reef fish harvested by a vessel with a Federal commercial permit

would be allowed only to a federally permitted dealer. A federally

permitted dealer would be allowed to purchase reef fish harvested in

the EEZ only from a vessel with a Federal commercial reef fish permit.

These requirements would: (1) Improve quota monitoring by providing a

census of reef fish dealers; (2) enhance the enforceability of the

dealer and vessel permit requirements; and (3) aid in verifying

required vessel logbook submissions.

Transfer of Fish Trap Endorsements

Currently, transfer of a fish trap endorsement is allowed upon

change of ownership of a vessel with a fish trap endorsement from one

to another of the following: Husband, wife, son, daughter, brother,

sister, mother, or father. No provisions are made for permanent or

temporary transfers of fish trap endorsements when a vessel with such

endorsement has a change of ownership that is directly related to the

disability or death of the owner. The Council has learned of hardships

that have resulted from the non-transferability of fish trap

endorsements upon the disability or death of the vessel owner. To

alleviate such hardships, the Council proposes that the Regional

Director have authority to transfer or revise the fish trap

endorsements, either temporarily or permanently, upon the disability or

death of such owner. Transfer/revision would be in accordance with

instructions of the owner or his/her legal guardian, in the case of a

disabled owner, or of the will or executor of the estate, in the case

of a deceased owner.

One-time Transfer of Fish Trap Endorsements

The regulations implementing Amendment 5 (59 FR 966, January 7,

1994) established a fish trap endorsement to the vessel permit that

allowed use of fish traps by certain fishermen and established a 3-year

moratorium on the issuance of additional endorsements, effective

February 7, 1994. To qualify for the endorsement, persons must have had

logbook records of landings of reef fish from traps during the period

1991 through November 19, 1992. Some persons who had invested in gear

and vessels to participate in the trap fishery, but had not

participated prior to November 19, 1992, were denied the privilege of

fishing in that fishery. Amendment 11 would allow a one-time transfer

of fish trap endorsements in effect on September 12, 1995, to vessels

with a commercial vessel permit whose owners have a record of landings

of reef fish from traps in the EEZ, as reported on fishing vessel

logbooks received by the Science and Research Director from November

20, 1992, through February 6, 1994. The proposed transfer of current

endorsements, some of which are not being used to fish traps, would

provide the opportunity to participate in the fish trap fishery for the

duration of the moratorium to persons who entered the fishery without

being aware of the impending moratorium and were subsequently excluded.

Moratorium on Reef Fish Commercial Vessel Permits

The current moratorium on issuance of new commercial vessel permits

in the reef fish fishery is scheduled to end on December 31, 1995.

Amendment 11 proposes a new moratorium while the Council considers

limited access for the reef fish fishery. Commercial permits under the

new moratorium would be restricted initially to vessels whose permits

are eligible for renewal on December 31, 1995. Under the proposed new

moratorium, an owner whose earned income qualified for the permit may

transfer the permit to the owner of another vessel or to a person

purchasing the commercially permitted vessel. Such new owner may

receive a commercial permit for that vessel, and renew it for the first

calendar year after obtaining it, without meeting the earned income

requirement. However, to renew the commercial vessel permit for the

second calendar year after the transfer, the new owner must meet the

earned income requirement not later than the first calendar year after

the vessel acquires the permit.

The proposed moratorium would continue for up to 5 years, that is,

through not later than December 31, 2000, while the Council considers a

permanent limited access system for the reef fish fishery. Section 303

of the Magnuson Act provides that the Council may establish a system

for limiting access to the fishery in order to achieve OY if, in

developing such system, the Council takes into account several factors.

As the proposed moratorium has implications of limited access,

Amendment 11 contains the Council's determinations on those factors.

Charter Vessel and Headboat Permits

Currently, permits are required to operate as charter vessels or

headboats

[[Page 47343]]

in the EEZ under the FMP for coastal migratory pelagic resources, but

not for reef fish. Amendment 11 proposes that reef fish charter vessels

and headboats be required to obtain annual permits. Such permits would

aid in monitoring this segment of the fishery and in identifying

vessels that may qualify for the 2 day possession limit applicable to

charter vessels and headboats under certain conditions. Other benefits

include: Use of permit sanctions for curbing the activities of repeat

offenders, efficient deployment of enforcement resources, and

improvement of basic statistics for use in assessing impacts of

alternative regulations.

The Council suggested that, as a criterion for charter vessel/

headboat permits, such vessels must possess the appropriate licenses

required by the state from which it operates. All of the Gulf states

have license requirements. NMFS concurs with the aim of ensuring

compatibility of state and Federal requirements in this regard, but

finds this suggestion to be unnecessarily burdensome. To put it into

effect, the Regional Director would have to know and apply the

licensing requirements of each of the five Gulf states. In lieu of such

criterion, the Regional Director will periodically advise the

appropriate authorities of each state of charter vessel/headboat

permits issued for vessels of that state. Each state may then take

appropriate action under its authority.

The Council wishes to advise charter vessel and headboat owners and

operators that income requirements may be considered as a criterion for

charter vessel/headboat permits in a future amendment to the FMP.

Availability of Amendment 11

Additional background and rationale for the measures discussed

above are contained in Amendment 11, the availability of which was

announced in the Federal Register (60 FR 45392, August 31, 1995).

Classification

Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish

regulations proposed by a Council within 15 days of receipt of an

amendment and regulations. At this time, NMFS has not determined that

Amendment 11 is consistent with the national standards, other

provisions of the Magnuson Act, and other applicable laws, except for

those parts of Amendment 11 specifically disapproved, as discussed

above. NMFS, in making that determination with respect to the remaining

parts of Amendment 11, will take into account the data, views, and

comments received during the comment period.

This proposed rule has been determined to be not significant for

purposes of E.O. 12866.

The Council prepared an IRFA as part of the RIR, which describes

the impacts this proposed rule would have on small entities, if

adopted. The impacts are summarized as follows:

All of the commercial and charter vessel/headboat businesses are

small entities that would be affected by one or more of the actions in

the proposed rule. In terms of revenues and costs:

(1) The restrictions on reef fish transactions between permitted

vessels and permitted dealers would marginally decrease revenues and

increase costs; (2) the reduction of restrictions on transfer of fish

trap endorsements would increase revenues to fish trappers; (3) the

charter vessel/headboat permit requirement would increase costs for

that sector; and (4) the new permit moratorium would affect the

revenues of current commercial operators in a positive manner relative

to the status quo.

Under the status quo, the current permit moratorium would cease and

a larger number of entrants to the fishery would be expected. This

would tend to decrease the revenues of current participants by more

than 5 percent, although neither the number of new entrants nor their

combined levels of efforts can be estimated. Hence, the new moratorium

can be considered to have a positive effect on revenues greater than 5

percent. No entities are expected to be forced to cease operations. A

copy of the IRFA is available from the Council (see ADDRESSES).

This rule contains a collection-of-information requirement subject

to the Paperwork Reduction Act. This requirement has been submitted to

OMB for approval. Specifically, applications would be required for

charter vessel/headboat permits. The public reporting burden for this

collection of information is estimated to average 20 minutes per

response. This rule revises the collections of information relating to

applications for commercial vessel permits and applications for fish

trap endorsements, which are currently approved under OMB Control No.

0648-0205 and have public reporting burdens estimates of 20 minutes per

response, each. Their reporting burden estimates are unchanged. This

rule repeats the collection of information requirement for dealer

permits, which is currently approved under OMB Control No. 0648-0205

and has a public reporting burden estimate of 5 minutes per response.

Each of the above reporting burden estimates includes the time for

reviewing instructions, searching existing data sources, gathering and

maintaining the data needed, and completing and reviewing the

collections of information. Send comments regarding any of these

reporting burden estimates or any other aspects of the collections of

information, including suggestions for reducing the burdens, to NMFS

and OMB (see ADDRESSES).

List of Subjects in 50 CFR Part 641

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: September 6, 1995.

Gary Matlock,

Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 641 is

proposed to be amended as follows:

PART 641--REEF FISH FISHERY OF THE GULF OF MEXICO

1. The authority citation for part 641 continues to read as

follows:

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

2. In Sec. 641.4, paragraphs (o) and (p) are removed; paragraphs

(a) and (b), the first sentence of paragraph (f)(1), the first sentence

of paragraph (h), paragraphs (m) and (n) are revised to read as

follows:

Sec. 641.4 Permits and fees.

(a) Applicability--(1) Commercial vessel permits.

(i) As a prerequisite to selling reef fish in or from the EEZ and

to be eligible for exemption from the bag limits specified in

Sec. 641.24(b) for reef fish in or from the EEZ, an annual commercial

vessel permit for reef fish must be issued to the vessel and must be on

board. However, see paragraph (m) of this section regarding a

moratorium on commercial vessel permits.

(ii) To obtain or renew a commercial vessel permit, the owner or

operator of the vessel must have derived more than 50 percent of his or

her earned income from commercial fishing, that is, sale of the catch,

or from charter or headboat operations during either of the 2 calendar

years preceding the application. (See paragraph (m)(3) of this section

for a limited exception to this requirement.) For a vessel owned by a

corporation or partnership, the earned income requirement must be met

by an officer or shareholder of the corporation, a general partner of

the partnership, or the vessel operator. A commercial vessel permit

issued upon the qualification of

[[Page 47344]]

an operator is valid only when that person is the operator of the

vessel.

(iii) A qualifying owner or operator of a charter vessel or

headboat may obtain a commercial vessel permit. However, a charter

vessel or headboat must adhere to the bag limits when operating as a

charter vessel or headboat.

(2) Fish trap endorsements. To possess or use a fish trap in the

EEZ, a commercial vessel permit for reef fish with a fish trap

endorsement must be issued to the vessel and must be on board. However,

see paragraph (n) of this section regarding a moratorium on fish trap

endorsements. In addition, a color code for marking the vessel and trap

buoys must be obtained from the Regional Director--see Sec. 641.6.

(3) Charter vessel/headboat permits. For a person on board a

charter vessel or headboat to fish for or possess a reef fish in or

from the EEZ, a charter vessel/headboat permit for reef fish must be

issued to the vessel and must be on board.

(4) Dealer permits. A dealer who receives from a fishing vessel

reef fish harvested from the EEZ must obtain an annual dealer permit.

To be eligible for such permit, an applicant must have a valid state

wholesaler's license in the state(s) where the dealer operates, if

required by such state(s), and must have a physical facility at a fixed

location in such state(s).

(b) Application for a vessel permit. (1) An application for a

commercial vessel permit or a charter vessel/headboat permit must be

submitted to the Regional Director and signed by the owner (in the case

of a corporation, a qualifying officer or shareholder; in the case of a

partnership, a qualifying general partner) or operator of the vessel.

After receipt of a complete application, at least 30 days must be

allowed for processing the application and issuing a permit. All

permits are mailed to owners, whether the applicant is an owner or an

operator.

(2) An applicant must provide the following:

(i) A copy of the vessel's valid U.S. Coast Guard certificate of

documentation or, if not documented, a copy of its valid state

registration certificate.

(ii) The vessel's name and official number.

(iii) The name, address, telephone number, and other identifying

information of the owner and of the applicant, if other than the owner.

(iv) Any other information concerning the vessel, gear

characteristics, principal fisheries engaged in, or fishing areas

requested by the Regional Director.

(v) Any other information that may be necessary for the issuance or

administration of the permit.

(3) In addition, an applicant for a commercial vessel permit--

(i) Must provide documentation of earned income that meets the

criteria of paragraph (a)(1)(ii) of this section; and

(ii) If fish traps will be used to harvest reef fish, must provide

the following information:

(A) The number, dimensions, and estimated cubic volume of the fish

traps that will be used; and

(B) The applicant's desired color code for use in identifying his

or her vessel and buoys (white is not an acceptable color code).

* * * * *

(f) * * * (1) The Regional Director will issue a permit at any time

to an applicant if the application is complete and, in the case of an

application for a commercial vessel permit, the applicant meets the

earned income requirement specified in paragraph (a)(1)(ii) of this

section. * * *

* * * * *

(h) * * * A vessel permit or endorsement or dealer permit issued

under this section is not transferable or assignable, except as

provided under paragraph (m) of this section for a commercial vessel

permit or as provided under paragraph (n) of this section for a fish

trap endorsement. * * *

* * * * *

(m) Moratorium on commercial vessel permits. This paragraph (m) is

effective through December 31, 2000.

(1) Except for an application for renewal of an existing commercial

vessel permit or as provided in paragraphs (m)(2) and (m)(3) of this

section, no applications for commercial vessel permits will be

accepted.

(2) An owner of a permitted vessel may transfer the commercial

vessel permit to another vessel owned by the same entity by returning

the existing permit with an application for a commercial vessel permit

for the replacement vessel.

(3) An owner whose earned income qualified for the commercial

vessel permit may transfer that permit to the owner of another vessel

or to the new owner when he or she sells the permitted vessel. The

owner of a vessel that is to receive the transferred permit must return

the existing permit to the Regional Director with an application for a

commercial vessel permit for his or her vessel. Such new owner may

receive a commercial vessel permit for that vessel, and renew it for

the first calendar year after obtaining it, without meeting the earned

income requirement of paragraph (a)(1)(ii) of this section. However, to

renew the commercial vessel permit for the second calendar year after

the transfer, the new owner must meet that earned income requirement

not later than the first calendar year after the permit transfer takes

place.

(4) A commercial vessel permit that is not renewed or that is

revoked will not be reissued. A permit is considered to be not renewed

when an application for renewal is not received by the Regional

Director within 1 year of the expiration date of the permit.

(n) Moratorium on fish trap endorsements. The provisions of this

paragraph (n) are effective through February 7, 1997.

(1) A fish trap endorsement will not be issued or renewed unless

the current owner of the commercially permitted vessel for which the

endorsement is requested has a record of landings of reef fish from

fish traps in the EEZ of the Gulf of Mexico during 1991 or 1992, as

reported on fishing vessel logbooks received by the Science and

Research Director on or before November 19, 1992. An owner will not be

issued fish trap endorsements for vessels in numbers exceeding the

number of vessels for which the owning entity had the requisite

reported landings in 1991 or 1992.

(2) An owner of a vessel with a fish trap endorsement may transfer

the endorsement to another vessel owned by the same entity by returning

the existing endorsement with an application for an endorsement for the

replacement vessel.

(3) A fish trap endorsement is not transferable upon change of

ownership of a vessel with a fish trap endorsement, except as follows:

(i) A fish trap endorsement is transferable when the change of

ownership of the permitted vessel is from one to another of the

following: Husband, wife, son, daughter, brother, sister, mother, or

father.

(ii) In the event that a vessel with a fish trap endorsement has a

change of ownership that is directly related to the disability or death

of the owner, the Regional Director may issue a fish trap endorsement,

temporarily or permanently, with the reef fish commercial permit that

is issued for the vessel under the new owner. Such new owner will be

the person specified by the owner or his/her legal guardian, in the

case of a disabled owner, or by the will or executor/administrator of

the estate, in the case of a deceased owner. (Change of ownership of a

vessel with a commercial reef fish permit upon disability or death of

an owner is

[[Page 47345]]

considered a purchase of a permitted vessel and paragraph (m)(3) of

this section applies regarding a commercial reef fish permit for the

vessel under the new owner.)

(4) A fish trap endorsement in effect on September 12, 1995, may be

transferred to a vessel with a commercial vessel permit whose owner has

a record of landings of reef fish from fish traps in the EEZ, as

reported on fishing vessel logbooks received by the Science and

Research Director from November 20, 1992, through February 6, 1994, and

who was unable to obtain a fish trap endorsement under paragraph (n)(1)

of this section. The owner of a vessel that is to receive the

transferred endorsement must return the currently endorsed commercial

permit and the unendorsed permit to the Regional Director with an

application for a fish trap endorsement for his or her vessel. Revised

commercial permits will be returned to each owner.

(5) If a fish trap endorsement is transferred under paragraph

(n)(3) or (n)(4) of this section, the owner of the vessel to which the

endorsement is transferred may renew the endorsement without regard to

the requirement of paragraph (n)(1) of this section regarding a record

of landing of reef fish from fish traps.

(6) A fish trap endorsement that is not renewed or that is revoked

will not be reissued. A fish trap endorsement is considered to be not

renewed when an application for renewal is not received by the Regional

Director within 1 year of the expiration date of the permit.

Sec. 641.5 [Amended]

3. In Sec. 641.5, in the first sentence of paragraph (c), the

phrase ``reef fish permit'' is removed and the phrase ``commercial reef

fish permit'' is added in its place.

4. In Sec. 641.7, paragraphs (a), (y), and (bb) are revised,

paragraphs (cc) and (dd) are redesignated as paragraphs (ee) and (ff),

respectively, and new paragraphs (cc) and (dd) are added to read as

follows:

Sec. 641.7 Prohibitions.

* * * * *

(a) Falsify information specified in Sec. 641.4(b) or (c) on an

application for a permit or endorsement, or information regarding

transfer or revision of a permit or endorsement.

* * * * *

(y) Use or possess in the EEZ a fish trap without a valid fish trap

endorsement, as specified in Sec. 641.4(a)(2).

* * * * *

(bb) Receive from a fishing vessel, by purchase, trade, or barter,

without a dealer permit, reef fish harvested from the EEZ, as specified

in Sec. 641.4(a)(4).

(cc) Sell, trade, or barter or attempt to sell, trade, or barter

reef fish harvested on board a vessel for which a commercial permit has

been issued under Sec. 641.4 to a dealer that does not have a permit

issued under Sec. 641.4, as specified in Sec. 641.28(a).

(dd) As a permitted dealer, purchase, trade, or barter or attempt

to purchase, trade, or barter reef fish harvested on board a vessel

that does not have a commercial permit issued under Sec. 641.4, as

specified in Sec. 641.28(b).

* * * * *

5. Sections 641.28 and 641.29 are redesignated as Secs. 641.29 and

641.30, respectively, and new Sec. 641.28 is added to read as follows:

Sec. 641.28 Restrictions on sale/purchase.

(a) A reef fish harvested in the EEZ by a vessel that does not have

a valid commercial permit, as required by Sec. 641.4(a)(1), or

possessed under the bag limits specified in Sec. 641.24(b), may not be

purchased, bartered, traded, or sold, or attempted to be purchased,

bartered, traded, or sold.

(b) A reef fish harvested on board a vessel for which a valid

commercial permit has been issued under Sec. 641.4 may be sold, traded,

or bartered or attempted to be sold, traded, or bartered only to a

dealer who has a valid permit issued under Sec. 641.4.

(c) A reef fish harvested in the EEZ may be purchased, traded, or

bartered or attempted to be purchased, traded, or bartered by a dealer

who has a valid permit issued under Sec. 641.4 only from a vessel for

which a valid commercial permit has been issued under Sec. 641.4.

Secs. 641.2, 641.23, 641.24, 641.25, and 641.27 [Amended]

6. In addition to the amendments set forth above, in 50 CFR part

641 remove the word ``permit'' and add, in its place, the words

``commercial permit'' in the following places:

(a) Section 641.2 in the definitions of ``Charter vessel'' and

``Headboat'';

(b) Section 641.23(d)(2)(iii);

(c) Section 641.24(a)(1)(ii)(A);

(d) Section 641.25 introductory text; and

(e) Section 641.27(a).

[FR Doc. 95-22551 Filed 9-7-95; 9:35 am]

BILLING CODE 3510-22-F