Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Golden Crab Fishery of the South Atlantic Region; Gear and Vessel Management Measures

re no longer

applicable. The intended effects of this proposed rule are to allow for

additional evaluation of cable used as mainlines for traps, to provide

greater flexibility for fishermen to fish with vessels of different

lengths without adversely affecting the FMP's cap on fishing effort,

and to simplify the regulations.

DATES: Written comments must be received on or before July 13, 1998.

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

Eldridge, Southeast Regional Office, NMFS, 9721 Executive Center Drive

N., St. Petersburg, FL 33702.

Requests for copies of the framework regulatory amendment, which

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

and a social impact assessment/fishery impact statement, should be sent

to the South

Atlantic Fishery Management Council, One Southpark Circle, Suite 306,

Charleston, SC 29407-4699; Phone: 843-571-4366; Fax: 843-769-4520.

FOR FURTHER INFORMATION CONTACT: Peter Eldridge, 813-570-5305.

SUPPLEMENTARY INFORMATION: The golden crab fishery in the EEZ of the

South Atlantic is managed under the FMP. The FMP was prepared by the

Council and is implemented under the authority of the Magnuson-Stevens

Fishery Conservation and Management Act (Magnuson-Stevens Act) by

regulations at 50 CFR part 622.

The Council has proposed to adjust management measures for the

South Atlantic golden crab fishery. The Council has submitted this

regulatory amendment to NMFS for its review, approval, and

implementation. These measures were developed and submitted to NMFS

under the FMP's framework procedure for adjustments in gear regulations

and permit requirements.

Use of Cable for Mainlines

FR part 622.

The Council has proposed to adjust management measures for the

South Atlantic golden crab fishery. The Council has submitted this

regulatory amendment to NMFS for its review, approval, and

implementation. These measures were developed and submitted to NMFS

under the FMP's framework procedure for adjustments in gear regulations

and permit requirements.

Use of Cable for Mainlines

The Council proposes that the use of cable for mainlines be allowed

through January 31, 1999, to allow for additional evaluation of cable

in the golden crab fishery. Under current regulations at 50 CFR

622.40(d)(2)(ii), rope is the only material allowed for a buoy line or

mainline attached to a golden crab trap, except that wire cable is

allowed for these purposes through January 31, 1998. The Council heard

extensive discussion of the issue at the joint Golden Crab Advisory

Panel/Committee meeting June 16, 1997, in Key West. The Council

considered extending the authorized use of cable for buoy lines but

declined to do so based on safety issues raised by the Coast Guard. The

Council will reexamine the use of cable in the golden crab fishery when

it reviews the status of the fishery in June 1998.

Vessel Size Limitations

The Council proposes to ease the limitations on vessel size that

apply when NMFS transfers a permit from one vessel to another. To

obtain a vessel permit by transfer of an existing permit under current

regulations, the owner of the receiving vessel must acquire a permit

from a vessel with documented length overall, or permits from vessels

with aggregate lengths overall, of at least 90 percent of the

documented length overall of the receiving vessel. However, some owners

want to use temporarily a shorter vessel (i.e., downsize) and

subsequently return to a longer vessel

permit under current

regulations, the owner of the receiving vessel must acquire a permit

from a vessel with documented length overall, or permits from vessels

with aggregate lengths overall, of at least 90 percent of the

documented length overall of the receiving vessel. However, some owners

want to use temporarily a shorter vessel (i.e., downsize) and

subsequently return to a longer vessel. Current regulations may prevent

them from doing so, because the permit NMFS transfers to a shorter

vessel cannot be transferred again to a vessel that is more than 11.1

percent longer than that smaller-sized vessel.

To provide fishermen with greater flexibility in their choice of

vessel length, the Council and this rule propose that, when NMFS has

transferred a golden crab limited access permit to a smaller vessel, a

subsequent transfer to a longer vessel will be limited based on the

length of the vessel permitted prior to downsizing. For example, if

NMFS transfers a permit issued to a vessel that is 90 ft (27.4 m) long

to a vessel that is 50 ft (15.2 m) long, NMFS could subsequently

transfer the permit to a vessel that is 100 ft (30.5 m) long. Such a

transfer would be allowed because the length of the permitted vessel

prior to downsizing is 90 percent of the length of the replacement

vessel. The Council concluded that limiting vessel length based on the

length of the permitted vessel prior to downsizing meets the Council's

intent to cap fishing effort while at the same time providing greater

flexibility for fishermen to use shorter vessels temporarily.

Changes Proposed by NMFS

ngth of the permitted vessel

prior to downsizing is 90 percent of the length of the replacement

vessel. The Council concluded that limiting vessel length based on the

length of the permitted vessel prior to downsizing meets the Council's

intent to cap fishing effort while at the same time providing greater

flexibility for fishermen to use shorter vessels temporarily.

Changes Proposed by NMFS

NMFS proposes to remove from the regulations the eligibility

criteria and procedures for obtaining initial commercial vessel permits

for the South Atlantic golden crab fishery. All initial permits have

been issued, and no additional permits are being issued. Therefore, the

criteria and procedures are no longer applicable. This change would be

accomplished by moving from Sec. 622.17 to Sec. 622.4 the permit

requirement for the fishery and by removing from Sec. 622.17 the

paragraphs on initial eligibility, documentation of eligibility,

application procedure, issuance, and appeals. The paragraph on display

of a permit, which is adequately covered in Sec. 622.4, would also be

removed.

Classification

This proposed rule has been determined to be not significant for

purposes of E.O. 12866.

The Assistant General Counsel for Legislation and Regulation of the

Department of Commerce, based on the Council's regulatory impact review

(RIR) that assesses the economic impacts of the management measures

proposed in this rule on fishery participants, certified to the Chief

Counsel for Advocacy of the Small Business Administration that this

proposed rule, if adopted, would not have a significant economic impact

on a substantial number of small entities as follows:

nt of Commerce, based on the Council's regulatory impact review

(RIR) that assesses the economic impacts of the management measures

proposed in this rule on fishery participants, certified to the Chief

Counsel for Advocacy of the Small Business Administration that this

proposed rule, if adopted, would not have a significant economic impact

on a substantial number of small entities as follows:

* * * the provisions extending use of cable for mainlines and

easing the restrictions on vessel size that would apply when NMFS

transfers a permit from one vessel to another would not have adverse

economic effects on a substantial number of the firms that own and

operate fishing vessels for golden crabs in the South Atlantic

Region. All such firms are considered small entities for purposes of

the Regulatory Flexibility Act. These actions would not be expected

to cause any reduction in revenue or force fishermen to modify their

fishing operations. No increase in production cost would be expected

as a result of these actions. The proposed actions would not require

any existing fishing entity to acquire new equipment or to

completely refit existing equipment for compliance purposes. The

economic analyses do not indicate that any entity would be forced

out of business. On the contrary, the actions would enable permitted

fishermen to participate actively in the fishery and contribute

toward developing the market for golden crab.

actions would not require

any existing fishing entity to acquire new equipment or to

completely refit existing equipment for compliance purposes. The

economic analyses do not indicate that any entity would be forced

out of business. On the contrary, the actions would enable permitted

fishermen to participate actively in the fishery and contribute

toward developing the market for golden crab.

As a result, a regulatory flexibility analysis was not prepared.

This rule repeats a collection-of-information requirement subject

to the Paperwork Reduction Act which has been approved by the Office of

Management and Budget under control number 0648-0205. Permit

applications involving transfers are estimated to take 20 minutes per

response, 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 this burden estimate, or any other aspect of this data

collection, including suggestions for reducing the burden, to NMFS (see

ADDRESSES) and to the Office of Information and Regulatory Affairs,

Office of Management and Budget, Washington, DC. 20503 (Attention: NOAA

Desk Officer).

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping

requirements, Virgin Islands.

Dated: June 19, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR part 622 is

proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, 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 Sec. 622.4, paragraph (a)(2)(x) is added to read as follows:

Sec. 622.4 Permits and fees.

(a) * * *

(2) * * *

Service.

For the reasons set out in the preamble, 50 CFR part 622 is

proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, 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 Sec. 622.4, paragraph (a)(2)(x) is added to read as follows:

Sec. 622.4 Permits and fees.

(a) * * *

(2) * * *

(x) For a person aboard a vessel to fish for golden crab in the

South Atlantic EEZ, possess golden crab in or from the South Atlantic

EEZ, off-load golden crab from the South Atlantic EEZ, or sell golden

crab in or from the South Atlantic EEZ, a commercial vessel permit for

golden crab must be issued to the vessel and must be on board. It is a

rebuttable presumption that a golden crab on board a vessel in the

South Atlantic or off-loaded from a vessel in a port adjoining the

South Atlantic was harvested from the South Atlantic EEZ. See

Sec. 622.17 for limitations on the use, transfer, and renewal of a

commercial vessel permit for golden crab.

* * * * *

Sec. 622.5 [Amended]

3. In Sec. 622.5, in paragraph (a)(1)(v), the reference to

``Sec. 622.17(a)'' is removed and ``Sec. 622.4(a)(2)(x)'' is added in

its place.

Sec. 622.6 [Amended]

4. In Sec. 622.6, in paragraph (a)(1)(i) introductory text, the

phrase ``or Sec. 622.17'' is removed.

Sec. 622.7 [Amended]

5. In Sec. 622.7, in paragraphs (a) and (b), the phrase ``or

Sec. 622.17'' is removed, in paragraph (c), the phrase ``or

Sec. 622.17(g)'' is removed, and in paragraph (z), the reference to

``Sec. 622.17(h)'' is removed and ``Sec. 622.17(b)'' is added in its

place.

Sec. 622.8 [Amended]

6. In Sec. 622.8, in paragraph (a), the reference to

``Sec. 622.17(a)'' is removed and ``Sec. 622.4(a)(2)(x)'' is added in

its place.

7. Section 622.17 is revised to read as follows:

Sec. 622.17 South Atlantic golden crab controlled access.

'' is removed, and in paragraph (z), the reference to

``Sec. 622.17(h)'' is removed and ``Sec. 622.17(b)'' is added in its

place.

Sec. 622.8 [Amended]

6. In Sec. 622.8, in paragraph (a), the reference to

``Sec. 622.17(a)'' is removed and ``Sec. 622.4(a)(2)(x)'' is added in

its place.

7. Section 622.17 is revised to read as follows:

Sec. 622.17 South Atlantic golden crab controlled access.

(a) General. In accordance with the procedures specified in the

Fishery Management Plan for the Golden Crab Fishery of the South

Atlantic Region, initial vessel permits have been issued for the

fishery. No additional permits may be issued.

(b) Fishing zones. (1) The South Atlantic EEZ is divided into three

fishing zones for golden crab. A permitted vessel may fish for golden

crab only in the zone shown on its permit. A vessel may possess golden

crab only in that zone, except that other zones may be transited if the

vessel notifies NMFS, Office of Enforcement, Southeast Region, St.

Petersburg, FL, by telephone (813-570-5344) in advance and does not

fish in an unpermitted zone. The designated fishing zones are as

follows:

(i) Northern zone--the South Atlantic EEZ north of 28 deg. N. lat.

(ii) Middle zone--the South Atlantic EEZ from 25 deg. N. lat. to

28 deg. N. lat.

(iii) Southern zone--the South Atlantic EEZ south of 25 deg. N.

lat.

(2) An owner of a permitted vessel may request that NMFS change the

zone specified on a permit from the middle or southern zone to the

northern zone. A request for such change and the existing permit must

be submitted from an owner of a permitted vessel to the RD.

South Atlantic EEZ from 25 deg. N. lat. to

28 deg. N. lat.

(iii) Southern zone--the South Atlantic EEZ south of 25 deg. N.

lat.

(2) An owner of a permitted vessel may request that NMFS change the

zone specified on a permit from the middle or southern zone to the

northern zone. A request for such change and the existing permit must

be submitted from an owner of a permitted vessel to the RD.

(c) Transfer. (1) An owner of a vessel with a valid golden crab

permit may request that NMFS transfer the permit to another vessel by

returning the existing permit(s) to the RD with an application for a

permit for the replacement vessel.

(2) To obtain a commercial vessel permit via transfer, the owner of

the replacement vessel must submit to the RD a valid permit for a

vessel with a documented length overall, or permits for vessels with

documented aggregate lengths overall, of at least 90 percent of the

documented length overall of the replacement vessel.

(3) In addition to the provisions of paragraph (c)(2) of this

section, the owner of a permitted vessel who has requested that NMFS

transfer that permit to a smaller vessel (i.e., downsized), may

subsequently request NMFS transfer that permit to a vessel of a length

calculated from the length of the permitted vessel immediately prior to

downsizing.

(d) Renewal. In addition to the procedures and requirements of

Sec. 622.4(h) for commercial vessel permit renewals, for a golden crab

permit to be renewed, the SRD must have received reports for the

permitted vessel, as required by Sec. 622.5(a)(1)(v), documenting that

at least 5,000 lb (2,268 kg) of golden crab were landed from the South

Atlantic EEZ by the permitted vessel during at least one of the two 12-

month periods immediately prior to the expiration date of the vessel

permit.

Sec. 622.31 [Amended]

8. In Sec. 622.31, in paragraph (a) the phrase ``or Sec. 622.17''

is removed.

Sec. 622.35 [Amended]

required by Sec. 622.5(a)(1)(v), documenting that

at least 5,000 lb (2,268 kg) of golden crab were landed from the South

Atlantic EEZ by the permitted vessel during at least one of the two 12-

month periods immediately prior to the expiration date of the vessel

permit.

Sec. 622.31 [Amended]

8. In Sec. 622.31, in paragraph (a) the phrase ``or Sec. 622.17''

is removed.

Sec. 622.35 [Amended]

9. In Sec. 622.35, in paragraph (f), the reference to

``Sec. 622.17(h)'' is removed and ``Sec. 622.17(b)'' is added in its

place.

10. In Sec. 622.40, in paragraph (c)(3)(ii), the reference to

``Sec. 622.17(h)'' is removed and ``Sec. 622.17(b)'' is added in its

place and paragraph (d)(2)(ii) is revised to read as follows:

Sec. 622.40 Limitations on traps and pots.

* * * * *

(d) * * *

(2) * * *

(ii) Rope is the only material allowed to be used for a buoy line

or mainline attached to a golden crab trap, except that wire cable is

allowed for a buoy line through January 31, 1998, and for a mainline

through January 31, 1999.

Sec. 622.45 [Amended]

11. In Sec. 622.45, in paragraph (f)(2), the reference to

``Sec. 622.17(a)'' is removed and ``Sec. 622.4(a)(2)(x)'' is added in

its place.

[FR Doc. 98-17129 Filed 6-25-98; 8:45 am]

BILLING CODE 3510-22-F