Shrimp Fishery Off the Southern Atlantic States; Amendment 1

DEPARTMENT OF COMMERCE

50 CFR Part 659

[Docket No. 960409106-6106-01; I.D. 031196A]

RIN 0648-AG26

Shrimp Fishery Off the Southern Atlantic States; Amendment 1

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 1 to the

Fishery Management Plan for the Shrimp Fishery of the South Atlantic

Region (FMP). Amendment 1 would: add rock shrimp to the FMP's

management unit; prohibit trawling for rock shrimp in an area off the

Florida east coast; require permits for dealers, vessels, and vessel

operators involved in the rock shrimp fishery; require dealers to

report information needed to monitor the fishery; and require that the

initial sale, trade, barter, or transfer of rock shrimp harvested from

the exclusive economic zone (EEZ) occur only between permitted dealers

and permitted vessels. Based on a preliminary evaluation of Amendment

1, NMFS disapproved the measure requiring a vessel operator permit. The

proposed rule would implement the remaining measures in Amendment 1.

The intended effect is to protect critical habitat and conserve and

manage the rock shrimp fishery.

DATES: Written comments must be received on or before June 7, 1996.

ADDRESSES: Comments on the proposed rule must be sent to the Southeast

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

FL 33702.

Requests for copies of Amendment 1, which includes a regulatory

impact review, an initial regulatory flexibility analysis (IRFA), a

social impact analysis, and an environmental assessment, should be sent

to the South Atlantic Fishery Management Council, (South Atlantic

Council) One Southpark Circle, Suite 306, Charleston, SC 29407-4699,

telephone: 803-571-4366, FAX: 803-769-4520

,

FL 33702.

Requests for copies of Amendment 1, which includes a regulatory

impact review, an initial regulatory flexibility analysis (IRFA), a

social impact analysis, and an environmental assessment, should be sent

to the South Atlantic Fishery Management Council, (South Atlantic

Council) One Southpark Circle, Suite 306, Charleston, SC 29407-4699,

telephone: 803-571-4366, FAX: 803-769-4520.

Comments regarding the collection-of-information requirements

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

Southeast Regional Office, NMFS, 9721 Executive Center Drive N., 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: Peter J. Eldridge, 813-570-5305.

SUPPLEMENTARY INFORMATION: The FMP was prepared by the South Atlantic

Council and is implemented through regulations at 50 CFR part 659 under

the authority of the Magnuson Act. Add Rock Shrimp to the Management

Unit

In the FMP, rock shrimp are included as part of the fishery, but

they are not included in the management unit, because there are no

management measures specific to rock shrimp. Amendment 1 contains

management measures applicable to rock shrimp, including closing one

area to trawling, and permitting and reporting requirements; therefore,

rock shrimp would be included in the management unit.

Area Closed to Rock Shrimp Trawling

ed as part of the fishery, but

they are not included in the management unit, because there are no

management measures specific to rock shrimp. Amendment 1 contains

management measures applicable to rock shrimp, including closing one

area to trawling, and permitting and reporting requirements; therefore,

rock shrimp would be included in the management unit.

Area Closed to Rock Shrimp Trawling

Amendment 1 proposes to prohibit trawling for rock shrimp between

27 deg.30' N. lat. and 28 deg.30' N. lat. in the area extending

shoreward of the 100-fathom (183-m) depth contour (as shown on the

latest edition of NOAA chart 11460) to 80 deg.00' W. long. The Council

is proposing this measure to minimize the impacts of rock shrimp

trawling on important live-bottom habitat, including the slow-growing,

fragile Oculina coral species in and adjacent to the Oculina Bank

Habitat Area of Particular Concern (HAPC).

Oculina coral is fragile and particularly vulnerable to damage due

to bottom trawling. The largest known concentrations of Oculina occur

in a narrow band extending from Cape Canaveral, FL south through the

HAPC. The Oculina formations provide

important habitat for rock shrimp, fishes in the snapper-grouper

fishery, and numerous other species.

Testimony at public hearings indicated that some rock shrimp trawl

activity has shifted south of Cape Canaveral since 1991, exposing the

Oculina to trawl damage. Prohibition of rock shrimp trawling in the

designated area would extend protection of the valuable Oculina habitat

to the north and east of the existing HAPC, thereby preventing trawl

damage to habitat that is currently unprotected and also enhancing the

integrity of the existing HAPC.

Dealer Permit Requirement

shifted south of Cape Canaveral since 1991, exposing the

Oculina to trawl damage. Prohibition of rock shrimp trawling in the

designated area would extend protection of the valuable Oculina habitat

to the north and east of the existing HAPC, thereby preventing trawl

damage to habitat that is currently unprotected and also enhancing the

integrity of the existing HAPC.

Dealer Permit Requirement

Amendment 1 would require a dealer involved in the rock shrimp

fishery to obtain an annual dealer permit. A dealer would be defined as

the person who first receives rock shrimp harvested from the EEZ. To be

eligible for a dealer permit, an applicant would be required to have a

valid state wholesaler's license in the state where he or she operates

if a license is required by that state, and have a physical facility

for the receipt of rock shrimp at a fixed location in that state. A fee

would be charged to cover the administrative cost of issuing the

permit. A dealer permit would not be transferable and would expire upon

change of ownership of the business.

Dealer permits are proposed to identify the universe of dealers

involved in the rock shrimp fishery and to facilitate collection of

data necessary to manage the fishery. The Council believes that this

permit requirement would help ensure accurate dealer reporting, improve

enforcement of the regulations by increasing dealer accountability,

provide a means to improve communications among participants in the

fishery management process, and improve understanding of the economic

characteristics of the fishery.

Vessel Permit Requirement

sary to manage the fishery. The Council believes that this

permit requirement would help ensure accurate dealer reporting, improve

enforcement of the regulations by increasing dealer accountability,

provide a means to improve communications among participants in the

fishery management process, and improve understanding of the economic

characteristics of the fishery.

Vessel Permit Requirement

For a person aboard a vessel to fish for or possess rock shrimp

from the EEZ, an annual vessel permit would be required. A fee would be

charged to cover the administrative costs associated with issuing the

permit. The vessel permit requirement would identify the universe of

participants in the harvesting sector of the fishery. The Council

believes that the permit requirement would also help provide

information necessary to assess impacts of fishing on the resource and

associated habitats.

Vessel Operator Permit Requirement--Disapproved Measure

One measure in Amendment 1 would have required a vessel operator

fishing for rock shrimp in the EEZ to obtain a vessel operator permit.

An operator would have been defined as the master or other individual

aboard who is in charge of the vessel. No performance or competency

testing would be required to obtain a permit. A fee would have been

charged to cover the administrative costs associated with issuing the

permit.

The vessel operator permit requirement was proposed initially by

the Council's Ad Hoc Rock Shrimp Advisory Panel and was subsequently

adopted by the Council for inclusion in Amendment 1. The permit

requirement was intended to instill vessel operators with greater

responsibility and accountability regarding compliance with fishery

regulations. The Council believes that revocation of an operator's

permit would be more effective than existing penalties in deterring

fishery violations

t Fisheries Center, NMFS (Science and Research

Director) would be required to provide information on receipts and

prices paid for rock shrimp to the Science and Research Director in

accordance with instructions provided on the reporting form. Such

information would be submitted at monthly intervals, or more frequently

if requested, postmarked not later than 5 days after the end of each

month. The Council intends that, to the extent possible, the required

information be provided through existing state/Federal cooperative

agreements for data collection. To minimize duplication, the Science

and Research Director would select a dealer to report only if the

essential information were not otherwise available through the state/

Federal cooperative data collection system.

Restrictions on Sale

Restrictions on sale of rock shrimp are proposed to ensure that the

fishery is conducted only by properly permitted individuals and to

assure that all landings are documented through the proposed data

collection system. The proposed rule would require that rock shrimp

harvested in the EEZ by a permitted vessel be sold, traded, bartered,

or transferred only to a permitted dealer. Similarly, a permitted

dealer would be allowed to purchase, barter, trade, or transfer rock

shrimp harvested from the EEZ only from a permitted vessel.

Availability of Amendment 1

Additional background and rationale for the measures discussed

above are contained in Amendment 1, the availability of which was

announced in the Federal Register on March 19, 1996 (61 FR 11181).

Classification

. Similarly, a permitted

dealer would be allowed to purchase, barter, trade, or transfer rock

shrimp harvested from the EEZ only from a permitted vessel.

Availability of Amendment 1

Additional background and rationale for the measures discussed

above are contained in Amendment 1, the availability of which was

announced in the Federal Register on March 19, 1996 (61 FR 11181).

Classification

Section 304(a)(1)(D) of the Magnuson Act requires publication of

regulations proposed by a regional fishery management council within 15

days of receipt of an amendment and regulations. At this time, NMFS has

not determined that Amendment 1 is consistent with the national

standards, other provisions of the Magnuson Act, and other applicable

laws, except for the provision of Amendment 1 specifically disapproved,

as discussed above. NMFS, in making that determination with respect to

the remaining parts of Amendment 1, 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 which describes the impacts this

proposed rule would have on small entities, if adopted. The Council

concluded that

the proposed measures in Amendment 1 would have a significant economic

impact on a substantial number of small entities. These impacts, as

assessed in the IRFA, may be summarized as follows. All of the

commercial rock shrimp vessel owners and dealers are small entities

that would be affected by one or more actions in the proposed rule. The

south Atlantic rock shrimp fishery may have as many as 108 active

vessels according to Florida's landings data, although industry

representatives indicate that the number of vessels participating

throughout the season may be closer to 65. The Council estimates that

currently there are about 12 dealers actively buying rock shrimp from

fishing vessels

or more actions in the proposed rule. The

south Atlantic rock shrimp fishery may have as many as 108 active

vessels according to Florida's landings data, although industry

representatives indicate that the number of vessels participating

throughout the season may be closer to 65. The Council estimates that

currently there are about 12 dealers actively buying rock shrimp from

fishing vessels. It is noted that over 95 percent of rock shrimp

harvested in the south Atlantic region occur in the EEZ off the east

coast of Florida.

The IRFA identified the following impacts on small entities in

terms of costs and revenues: (1) The addition of rock shrimp to the FMP

management unit should not result in any changes in operating revenues

or costs for individual vessels in the commercial fishery; (2) the

prohibition of trawling for rock shrimp in the closed area off the

Florida east coast may cause a reduction in annual gross revenues of

current rock shrimp fishery participants by more than 5 percent.

Although total annual rock shrimp catches by area are not available

from NMFS or State sources, 34 participants in the fishery reported

their 1994 landings by area fished during the public hearings process.

These participants reported a catch of 1,128,624 pounds of rock shrimp

from the area to be closed. This represents 25 percent of their total

1994 catch of rock shrimp from the South Atlantic and is 17 percent of

the total 1994 catch of rock shrimp of all harvesters as reported in

NMFS data. Using an average ex-vessel price of $1.25 per pound, the

value of the harvest by the 34 participants reporting catch by area is

expected to decline $1.41 million in the first year. These data do not

indicate the total estimated catch or revenue effect from closing the

area since, as indicated above, reliable data on catch locations for

all fishery participants are not available

in

NMFS data. Using an average ex-vessel price of $1.25 per pound, the

value of the harvest by the 34 participants reporting catch by area is

expected to decline $1.41 million in the first year. These data do not

indicate the total estimated catch or revenue effect from closing the

area since, as indicated above, reliable data on catch locations for

all fishery participants are not available. The IRFA indicates that

many of the freezer-trawler vessels participating in the fishery in

1994 may show a reduction in harvest income somewhat in excess of

$40,000 per vessel during the first year of the area closure. Rock

shrimp are known to move throughout the area off the east coast of

Florida. Thus, it is likely that some of the shrimp initially located

within the closed area may move to other areas where they may be

harvested. The impacted rock shrimp vessels are expected to shift

fishing effort away from the closed area to open areas. The extent to

which they can successfully shift effort will determine how well they

can minimize adverse impacts. If vessels have to travel extra distances

to the open fishing areas, they would incur additional operating costs.

This may not result in a reduction in net revenue for vessels that can

catch larger size shrimp yielding higher exvessel prices. Also, many

vessels participate in other fisheries when they are not fishing for

rock shrimp; it is likely that they may switch effort to these other

fisheries during the time they would have been trawling for shrimp in

the closed area. For these reasons, the above estimates of adverse

economic impacts on small entities from the closed area should be

considered maximum levels. Nevertheless, it is reasonable to assume

that the 5 percent criterion for significant effects will be met for

the small entities participating in the rock shrimp fishery in the U.S.

South Atlantic

ould have been trawling for shrimp in

the closed area. For these reasons, the above estimates of adverse

economic impacts on small entities from the closed area should be

considered maximum levels. Nevertheless, it is reasonable to assume

that the 5 percent criterion for significant effects will be met for

the small entities participating in the rock shrimp fishery in the U.S.

South Atlantic. Finally, no small entities are expected to be forced to

cease operations; (3) permit requirements for vessel owners, vessel

operators, and dealers would increase costs for those sectors; (4)

dealer reporting requirements would increase dealer costs marginally;

and (5) restrictions on the sale of rock shrimp (i.e., permitted

vessels may sell rock shrimp only to permitted dealers) would decrease

revenues and increase costs marginally.

In deciding on its preferred management measures for this rule, the

Council attempted to balance the competing objectives of providing

protection for important habitat areas known to support important

populations of juvenile rock shrimp and other valuable species, such as

snappers, with the possible adverse economic effects on current fishery

participants. The Council believes that Amendment 1 will reduce fishery

related habitat damage and ensure successful recruitment of rock shrimp

to the fishery over the long run as well as protecting the biological

productivity of the snapper-grouper complex. The Council believes that

without these conservation measures, the potential long-term, adverse

economic effects on small entities would outweigh the short-term

effects. A copy of the IRFA is available from the Council (see

ADDRESSES).

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

. A copy of the IRFA is available from the Council (see

ADDRESSES).

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 rule contains new collection-of-information requirements

subject to the PRA--namely, vessel permit applications, dealer permit

applications, dealer reports regarding rock shrimp receipts, and vessel

identification requirements. These requirements have been submitted to

OMB for approval. The public reporting burdens for these collections of

information are estimated to average 20, 5, 10, and 45 minutes per

response, respectively, including the time for reviewing instructions,

searching existing data sources, gathering and maintaining the data

needed, and completing and reviewing the collection of information.

Send comments regarding these reporting burden estimates or any other

aspect of the collections of information, including suggestions for

reducing the burdens, to NMFS and OMB (see ADDRESSES).

List of Subjects in 50 CFR Part 659

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: April 16, 1996.

Gary Matlock,

Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 659 is

proposed to be amended as follows:

PART 659--SHRIMP FISHERY OFF THE SOUTHERN ATLANTIC STATES

1. The authority citation for part 659 continues to read as

follows:

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

Sec. 659.1 [Amended]

quirements.

Dated: April 16, 1996.

Gary Matlock,

Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 659 is

proposed to be amended as follows:

PART 659--SHRIMP FISHERY OFF THE SOUTHERN ATLANTIC STATES

1. The authority citation for part 659 continues to read as

follows:

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

Sec. 659.1 [Amended]

2. In Sec. 659.1, paragraph (b) is amended by adding the phrase

``rock shrimp,'' after ``pink shrimp,''.

3. In Sec. 659.2, definitions for ``Authorized statistical

reporting agent'', ``Dealer'', ``Regional Director'', ``Rock shrimp'',

and ``Science and Research Director'' are added, in alphabetical order,

to read as follows:

Sec. 659.2 Definitions.

* * * * *

Authorized statistical reporting agent means:

(1) Any person so designated by the Science and Research Director;

or

(2) Any person so designated by the head of any Federal or state

agency that has entered into an agreement with the Assistant

Administrator to collect fishery data.

* * * * *

Dealer, for the purposes of this part 659, means the person who

first receives rock shrimp harvested from the EEZ upon transfer ashore.

* * * * *

Regional Director means the Director, Southeast Region, NMFS, or a

designee.

Rock shrimp means the species Sicyonia brevirostris.

Science and Research Director means the Science and Research

Director, Southeast Fisheries Science Center, NMFS, or a designee.

* * * * *

4. Section 659.3 is revised to read as follows:

Sec. 659.3 Relation to other laws.

(a) The relation of this part to other laws is set forth in

Sec. 620.3 of this chapter and paragraph (b) of this section.

ck shrimp means the species Sicyonia brevirostris.

Science and Research Director means the Science and Research

Director, Southeast Fisheries Science Center, NMFS, or a designee.

* * * * *

4. Section 659.3 is revised to read as follows:

Sec. 659.3 Relation to other laws.

(a) The relation of this part to other laws is set forth in

Sec. 620.3 of this chapter and paragraph (b) of this section.

(b) Regulations governing the taking of endangered and threatened

marine mammals and sea turtles appear at 50 CFR parts 222 and 227.

Secs. 659.4, 659.5, 659.6 [Redesignated as Secs. 659.7, 659.8, 659.9]

5. In subpart A, Secs. 659.4, 659.5, and 659.6 are redesignated as

Secs. 659.7, 659.8, and 659.9, respectively; new Secs. 659.4, 659.5,

and 659.6 are added; and newly redesignated Sec. 659.7 is revised to

read as follows:

Sec. 659.4 Permits and fees.

(a) Applicability--(1) Annual vessel permit for rock shrimp. For a

person aboard a fishing vessel to fish for rock shrimp in the EEZ or

possess rock shrimp in or from the EEZ, a vessel permit for rock shrimp

must be issued for the vessel and be on board.

(2) Annual dealer permit for rock shrimp. A dealer who receives

rock shrimp harvested from the EEZ must obtain an annual dealer permit

for rock shrimp. To be eligible for such permit, an applicant must have

a valid state wholesaler's license, if required in the state where the

applicant operates, and must have a physical facility for receipt of

rock shrimp at a fixed location in that state.

(2) Annual dealer permit for rock shrimp. A dealer who receives

rock shrimp harvested from the EEZ must obtain an annual dealer permit

for rock shrimp. To be eligible for such permit, an applicant must have

a valid state wholesaler's license, if required in the state where the

applicant operates, and must have a physical facility for receipt of

rock shrimp at a fixed location in that state.

(b) Application for an annual vessel permit for rock shrimp. (1)

Applications are available from the Regional Director. An application

must be signed and submitted by the owner (in the case of a

corporation, an officer or shareholder; in the case of a partnership, a

general partner) or operator of the vessel. The application should be

submitted to the Regional Director at least 30 days prior to the date

the applicant desires the permit to be effective.

(2) A permit applicant must provide the following information:

(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) Vessel name and official number.

(iii) Name, address, telephone number, and other identifying

information of the vessel 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, as requested by the Regional Director and

included on the application form.

he vessel 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, as requested by the Regional Director and

included on the application form.

(c) Application for an annual dealer permit for rock shrimp. (1)

Applications are available from the Regional Director. An application

for a dealer permit must be submitted and signed by the dealer or an

officer of a corporation acting as a dealer. The application should be

submitted to the Regional Director at least 30 days prior to the date

the applicant desires the permit to be effective.

(2) A permit applicant must provide the following information:

(i) A copy of each state seafood wholesaler's license held by the

dealer.

(ii) Business name; mailing address, including zip code, of the

principal office of the business; telephone number; employer

identification number, if one has been assigned by the Internal Revenue

Service; and date the business was formed.

(iii) The address of each physical facility at a fixed location

where the business receives rock shrimp.

(iv) Applicant's name; official capacity in the business; address;

including zip code; telephone number; and identifying information

specified on the application form.

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

administration of the permit, as requested by the Regional Director and

included on the application form.

d location

where the business receives rock shrimp.

(iv) Applicant's name; official capacity in the business; address;

including zip code; telephone number; and identifying information

specified on the application form.

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

administration of the permit, as requested by the Regional Director and

included on the application form.

(d) Fees. A fee is charged for each permit application submitted

pursuant to this section. The amount of the fee is calculated in

accordance with the procedures of the NOAA Finance Handbook for

determining the administrative costs of each special product or

service. The fee may not exceed such costs and is specified with each

application form. The appropriate fee must accompany each application.

(e) Initial issuance. (1) The Regional Director will issue an

initial permit at any time to an applicant if the application is

complete and the specific requirements for the requested permit have

been met. An application is complete when all required forms,

information, documentation, and fees have been received.

(2) Upon receipt of an incomplete application, the Regional

Director will notify the applicant of the deficiency. If the applicant

fails to correct the deficiency within 30 days of the date of the

Regional Director's letter of notification, the application will be

considered abandoned.

(f) Duration. A permit remains valid for the period for which it is

issued unless revoked, suspended, or modified pursuant to subpart D of

15 CFR part 904.

e Regional

Director will notify the applicant of the deficiency. If the applicant

fails to correct the deficiency within 30 days of the date of the

Regional Director's letter of notification, the application will be

considered abandoned.

(f) Duration. A permit remains valid for the period for which it is

issued unless revoked, suspended, or modified pursuant to subpart D of

15 CFR part 904.

(g) Renewal. (1) A permit required by this section will be

effective for 1 year. Application for permit renewal is required only

every 2 years. In the interim year, a permit will be renewed

automatically (without application) if a vessel owner or a dealer has

met the renewal requirements under paragraph (g)(2) of this section.

The owner of a permitted vessel or a permitted dealer who does not meet

the renewal requirements will be notified by the Regional Director

approximately 2 months prior to the expiration of the current permit.

The notification will specify the reasons the permit is not eligible

for renewal and will provide an opportunity for correction of any

deficiencies. For a year in which permit renewal application is

required, the Regional Director will mail an application form to each

owner of a permitted vessel or permitted dealer approximately 2 months

prior to expiration of the current permit. A vessel owner or dealer who

does not receive a renewal application in that time frame must contact

the Regional Director to obtain a renewal application.

(2) The permit renewal requirements are:

(i) All reports required of an owner of a vessel or a dealer under

the Magnuson Act have been submitted.

(ii) The permit has not been revoked, suspended, or denied under

paragraph (j) of this section.

essel owner or dealer who

does not receive a renewal application in that time frame must contact

the Regional Director to obtain a renewal application.

(2) The permit renewal requirements are:

(i) All reports required of an owner of a vessel or a dealer under

the Magnuson Act have been submitted.

(ii) The permit has not been revoked, suspended, or denied under

paragraph (j) of this section.

(h) Transfer. A vessel or dealer permit issued pursuant to this

section is not transferable or assignable. A person obtaining a

permitted vessel or dealership who desires to conduct activities for

which a permit is required must apply for a permit in accordance with

the provisions of paragraph (b) or (c) of this section, as appropriate.

(i) Display. A vessel permit issued pursuant to this section must

be carried on board the vessel and such vessel must be identified as

provided for in Sec. 659.6. A dealer permit issued pursuant

to this section must be available on the dealer's premises. The

operator of a vessel or a dealer must present the permit for inspection

upon request of an authorized officer.

(j) Sanctions and denials. A permit issued pursuant to this section

may be revoked, suspended, or modified, and a permit application may be

denied, in accordance with the procedures governing enforcement-related

permit sanctions and denials found at subpart D of 15 CFR part 904.

(k) Alteration. A permit that is altered, erased, or mutilated is

invalid.

(l) Replacement. The Regional Director may issue a replacement

permit. An application for a replacement permit will not be considered

a new application. A fee, the amount of which is stated with the

application form, must accompany each request for a replacement permit.

d denials found at subpart D of 15 CFR part 904.

(k) Alteration. A permit that is altered, erased, or mutilated is

invalid.

(l) Replacement. The Regional Director may issue a replacement

permit. An application for a replacement permit will not be considered

a new application. A fee, the amount of which is stated with the

application form, must accompany each request for a replacement permit.

(m) Change in application information. The owner or operator of a

vessel with a permit for rock shrimp or a dealer with a permit for rock

shrimp must notify the Regional Director within 15 days after any

change in the application information required by paragraph (b) or (c)

of this section, respectively. The permit is void if any change in the

information is not reported within 15 days.

Sec. 659.5 Recordkeeping and reporting.

(a) Dealers. A dealer who has been issued a permit required by

Sec. 659.4(a)(2) and who is selected by the Science and Research

Director must provide information on receipts of rock shrimp and prices

paid, to the Science and Research Director in accordance with

instructions on the reporting form. The required information must be

submitted at monthly intervals, or more frequently if requested,

postmarked not later than 5 days after the end of each month.

(b) Additional data and inspection. (1) Additional data will be

collected by authorized statistical reporting agents or by authorized

officers. A dealer is required, upon request, to make rock shrimp, or

parts thereof, available for inspection by the Science and Research

Director or an authorized officer.

(2) On demand, a dealer must make available to an authorized

officer all records of off-loadings, purchases, barters, or sales of

rock shrimp.

Sec. 659.6 Vessel identification.

atistical reporting agents or by authorized

officers. A dealer is required, upon request, to make rock shrimp, or

parts thereof, available for inspection by the Science and Research

Director or an authorized officer.

(2) On demand, a dealer must make available to an authorized

officer all records of off-loadings, purchases, barters, or sales of

rock shrimp.

Sec. 659.6 Vessel identification.

(a) Official number. The owner and operator of a vessel with a

valid permit, as required under Sec. 659.4(a)(1) must ensure that the

vessel's official number is displayed--

(1) On the port and starboard sides of the deckhouse or hull and on

a weather deck so as to be clearly visible from an enforcement vessel

or aircraft;

(2) In block arabic numerals in contrasting color to the

background;

(3) At least 18 inches (45.7 cm) in height for fishing vessels over

65 feet (19.8 m) in length and at least 10 inches (25.4 cm) in height

for all other vessels; and

(4) Permanently affixed to or painted on the vessel.

(b) Duties of operator. The operator of each fishing vessel

specified in paragraph (a) of this section must--

(1) Keep the official number clearly legible and in good repair;

and

(2) Ensure that no part of the fishing vessel, its rigging, fishing

gear, or any other material on board obstructs the view of the official

number from an enforcement vessel or aircraft.

Sec. 659.7 Prohibitions.

In addition to the general prohibitions specified in Sec. 620.7 of

this chapter, it is unlawful for any person to do any of the following:

(a) Fish for rock shrimp in the EEZ or possess rock shrimp in or

from the EEZ, on board a vessel that does not have a vessel permit for

rock shrimp, as specified in Sec. 659.4(a)(1).

(b) As a dealer, receive rock shrimp harvested from the EEZ without

a dealer permit, as specified in Sec. 659.4(a)(2).

(c) Falsify information specified in Sec. 659.4(b)(2), or (c)(2) on

an application for a permit.

(d) Fail to display a permit, as specified in Sec. 659.4(h).

from the EEZ, on board a vessel that does not have a vessel permit for

rock shrimp, as specified in Sec. 659.4(a)(1).

(b) As a dealer, receive rock shrimp harvested from the EEZ without

a dealer permit, as specified in Sec. 659.4(a)(2).

(c) Falsify information specified in Sec. 659.4(b)(2), or (c)(2) on

an application for a permit.

(d) Fail to display a permit, as specified in Sec. 659.4(h).

(e) Falsify or fail to maintain, submit, or provide information

required to be maintained, submitted, or provided, as specified in

Sec. 659.5(a) or (b), or as may be required as a condition of an

authorized activity under Sec. 659.22.

(f) Fail to make rock shrimp, or parts thereof, available for

inspection, as specified in Sec. 659.5(b)(1).

(g) Falsify or fail to display and maintain vessel identification,

as specified in Sec. 659.6(a) and (b).

(h) Trawl for white shrimp, pink shrimp, or brown shrimp in a

closed area or possess such shrimp in or from a closed area, as

specified in Sec. 659.20(a)(2)(i)(A), except possession authorized

under Sec. 659.20(a)(2)(ii).

(i) Use or have on board a vessel trawling in that part of a closed

area specified under Sec. 659.20(a)(1) that is within 25 nautical miles

(46.30 km) of the baseline from which the territorial sea is measured,

a trawl net with a mesh size less than 4 inches (10.2 cm), as specified

in Sec. 659.20(a)(2)(i)(B).

(j) Trawl for rock shrimp in the closed area specified in

Sec. 659.20(b) or possess on board a fishing vessel rock shrimp in or

from that closed area.

(k) Transfer, receive, sell, purchase, barter, or trade, or attempt

to transfer, receive, sell, purchase, barter, or trade a rock shrimp

harvested from the EEZ from a vessel that does not have a valid permit,

as specified in Sec. 659.21(a).

(l) Transfer, sell, trade, or barter or attempt to transfer, sell,

trade, or barter from a vessel rock shrimp harvested from the EEZ to a

dealer who does not have a permit, as specified in Sec. 659.21(b).

rade, or attempt

to transfer, receive, sell, purchase, barter, or trade a rock shrimp

harvested from the EEZ from a vessel that does not have a valid permit,

as specified in Sec. 659.21(a).

(l) Transfer, sell, trade, or barter or attempt to transfer, sell,

trade, or barter from a vessel rock shrimp harvested from the EEZ to a

dealer who does not have a permit, as specified in Sec. 659.21(b).

(m) As a permitted dealer, receive, purchase, barter, or trade or

attempt to receive, purchase, barter, or trade rock shrimp harvested

from the EEZ from a vessel that does not have a valid permit, as

specified in Sec. 659.21(c).

(n) Interfere with, obstruct, delay, or prevent by any means an

investigation, search, seizure, or disposition of seized property in

connection with enforcement of the Magnuson Act.

(o) Make any false statement, oral or written, to an authorized

officer concerning the taking, catching, harvesting, landing, purchase,

sale, possession, or transfer of brown shrimp, pink shrimp, rock

shrimp, or white shrimp.

6. In Sec. 659.20, paragraphs (a), (b), (b)(1), (b)(1)(i),

(b)(1)(ii), and (b)(2) are redesignated as paragraphs (a)(1), (a)(2),

(a)(2)(i), (a)(2)(i)(A), (a)(2)(i)(B), and (a)(2)(ii), respectively; in

newly redesignated paragraph (a)(2)(i), introductory text, the

reference ``paragraph (a)'' is removed and ``paragraph (a)(1)'' is

added in its place; in newly redesignated paragraphs (a)(2)(i)(A) and

(a)(2)(ii), the reference ``paragraph (b)(2)'' is removed and the

reference ``paragraph (a)(2)(ii)'' is added in its place; and a new

paragraph (a) heading and new paragraph (b) are added to read as

follows:

Sec. 659.20 Closures.

(a) Seasonal closures for brown, pink, and white shrimp.

* * * * *

d ``paragraph (a)(1)'' is

added in its place; in newly redesignated paragraphs (a)(2)(i)(A) and

(a)(2)(ii), the reference ``paragraph (b)(2)'' is removed and the

reference ``paragraph (a)(2)(ii)'' is added in its place; and a new

paragraph (a) heading and new paragraph (b) are added to read as

follows:

Sec. 659.20 Closures.

(a) Seasonal closures for brown, pink, and white shrimp.

* * * * *

(b) Area closure for rock shrimp. No person may trawl for rock

shrimp in the closed area east of 80 deg.00' W. long. between

27 deg.30' N. lat. and 28 deg.30' N. lat. shoreward of the 100-fathom

(183-m) contour, as shown on the latest edition of NOAA chart 11460;

and no person may possess rock shrimp in or from this closed area on

board a fishing vessel.

7. Section 659.21 is redesignated as Sec. 659.22 and a new

Sec. 659.21 is added to read as follows:

Sec. 659.21 Restrictions on sale/purchase of rock shrimp.

(a) No person may transfer, receive, purchase, barter, trade, or

sell, or attempt to transfer, receive, purchase,

barter, trade, or sell, rock shrimp harvested in the EEZ by a vessel

for which a valid permit has not been issued under Sec. 659.4(a)(1).

(b) No person may transfer, sell, trade, or barter or attempt to

transfer, sell, trade, or barter, rock shrimp harvested in the EEZ by a

vessel permitted under Sec. 659.4(a)(1) to a dealer who does not have a

valid permit issued under Sec. 659.4(a)(2).

(c) No dealer who has a valid permit issued under Sec. 659.4(a)(2)

may receive, purchase, trade, or barter or attempt to receive,

purchase, trade, or barter rock shrimp harvested in the EEZ from a

vessel for which a valid permit has not been issued under

Sec. 659.4(a)(1).

[FR Doc. 96-9882 Filed 4-22-96; 8:45 am]

BILLING CODE 3510-22-P