[Federal Register: March 4, 2003 (Volume 68, Number 42)]
[Rules and Regulations]
[Page 10180-10181]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr03-13]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[I.D. 022403C]
RIN 0648-AQ70
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic; Reef Fish Resources of the Gulf of Mexico; Charter Vessel and
Headboat Permit Moratorium
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of a corrected amendment; request for
comments.
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SUMMARY: NMFS has submitted an amendment to correct Amendment 14 to the
Fishery Management Plan for the Coastal Migratory Pelagic Resources of
the Gulf of Mexico (Amendment 14) and South Atlantic and Amendment 20
to the Fishery Management Plan for the Reef Fish Resources of the Gulf
of Mexico (Amendment 20) for review, approval, and implementation by
the agency.
Specifically, this amendment will eliminate one eligibility
criterion in the final rule implementing Amendment 14 and Amendment 20,
which states that the charter vessel/headboat permits for Gulf coastal
migratory pelagic fish or Gulf reef fish is limited to the following:
An owner of a vessel that had a valid Gulf charter vessel/headboat
permit on the effective date of the final rule (July 29, 2002). The
corrected amendment also reopens the application process for obtaining
Gulf charter vessel/headboat moratorium permits and extends the
applicable deadlines; extends the expiration dates of valid or
renewable open access permits for these fisheries; and extends the
expiration date of the moratorium to account for the delay in
implementation.
DATES: Written comments must be received on or before May 5, 2003.
ADDRESSES: Comments must be mailed to Phil Steele, Southeast Regional
Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702.
Comments may also be sent via fax to 727-570-5583. Comments will not be
accepted if submitted via e-mail or Internet.
Copies of the corrected amendment, which includes an environmental
assessment (EA), a regulatory impact review (RIR), and an Initial
Regulatory Flexibility Analysis (IRFA) may be obtained from the
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St.
Petersburg, FL 33702; telephone: 727-570-5305; fax: 727-570-5583.
FOR FURTHER INFORMATION CONTACT: Phil Steele, 727-570-5305; fax 727-
570-5583; e-mail: Phil.Steele@noaa.gov.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act), as amended by the
Sustainable Fisheries Act, requires each Regional Fishery Management
Council to submit any fishery management plan or plan amendment to NMFS
for review and approval, disapproval, or partial approval. The
Magnuson-Stevens Act also requires that NMFS, upon receiving a plan or
plan amendment, immediately publish a document in the Federal Register
stating that the plan or plan amendment is available for public review
and comment.
NMFS promulgated the charter moratorium regulations (67 FR 43558,
June 28, 2002) to implement Amendment 14 and Amendment 20. However,
after reviewing the administrative record, NMFS determined that the
amendments contained an error that did not correctly reflect the
actions approved by the Gulf of Mexico Fishery Management Council
(Council). Thus, the regulations implementing the amendments also
contained this error, and not all persons entitled to receive charter
vessel/headboat (for-hire) permits under the moratorium approved by the
Council would be able to receive permits under the promulgated
regulations. In order to ensure that no qualified participants in the
fishery are wrongfully excluded under the moratorium, due to an error
in the amendments, and to fully comply with Magnuson-Stevens Act
requirements, NMFS prepared this corrected amendment to address this
error and, as such, to reflect the actions approved by the Council.
Specifically, this corrected amendment will eliminate one eligibility
criterion in the final rule which states that the charter vessel/
headboat permits for Gulf coastal migratory pelagic fish or Gulf reef
fish is limited to the following: An owner of a vessel that had a valid
Gulf charter vessel/headboat permit on the effective date of the final
rule (July 29, 2002). The corrected amendment also reopens the
application process for obtaining Gulf charter vessel/headboat
moratorium permits and extends the applicable
[[Page 10181]]
deadlines; extends the expiration dates of valid or renewable open
access permits for these fisheries; and extends the expiration date of
the moratorium to account for the delay in implementation.
In order to comply with the procedural requirements of the
Magnuson-Stevens Act as stated above, the entire amendment will be
submitted for review by the Secretary of Commerce, even though only one
specific section of the document will be substantively altered, and if
approved, new regulations will be promulgated accordingly from the
properly processed amendment. Portions of the document, specifically
the environmental and economic analysis required pursuant to other
laws, remain in the document to provide clarity for reviewers and
facilitate meaningful public comment. These analyses were previously
disseminated and subject to public comment in the original amendment
package. The majority of the analyses remain valid and unaffected,
given that most of the regulatory measures analyzed will be unaltered
by the new amendment. As stated above, the changes to the original
permit moratorium relate to a single eligibility criterion and the
timing of implementation of the moratorium. Where substantive changes
were made to the amendment, new analyses describing these effects were
conducted for the RIR and IRFA. This information is provided in the RIR
and a IRFA that is included as an attachment to the amendment.
In accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule to implement the corrected amendment to determine whether
it is consistent with the FMP, the Magnuson-Stevens Act, and other
applicable law. If that determination is affirmative, NMFS will publish
the proposed rule in the Federal Register for public review and
comment.
Comments received by May 5, 2003, whether specifically directed to
the FMP or the proposed rule, will be considered by NMFS in its
decision to approve, disapprove, or partially approve the FMP. Comments
received after that date will not be considered by NMFS in this
decision. All comments received by NMFS on the FMP or the proposed rule
during their respective comment periods will be addressed in the final
rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 26, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-5048 Filed 3-3-03; 8:45 am]
BILLING CODE 3510-22-S