[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Proposed Rules]
[Pages 45690-45692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21784]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 649, 650, and 651

[Docket No. 950824215-5217-02; I.D. 050295B]
RIN 0648-AH37


American Lobster Fishery, Framework Adjustment 1; Atlantic Sea 
Scallop Fishery, Framework Adjustment 3; Northeast Multispecies 
Fishery, Framework Adjustment 7; Vessel Ownership Requirements

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 proposes measures contained in Framework Adjustment 1 to 
the American Lobster Fishery Management Plan (FMP), Framework 
Adjustment 3 to the Atlantic Sea Scallop FMP, and Framework Adjustment 
7 to the Northeast Multispecies FMP. These framework adjustments would 
revise a provision in each of the FMPs that requires all permit 
applicants to own a fishing vessel at the time they apply for or renew 
a Federal limited access permit. This proposed action would allow 
certain applicants who have owned vessels that meet the various limited 
access permit qualification criteria, but who do not currently own a 
vessel, to preserve their eligibility to apply for a limited access 
permit for a replacement vessel in subsequent years by obtaining a 
Confirmation of Permit History.

DATES: Comments on the proposed rule must be received on or before 
September 15, 1995.

ADDRESSES: Comments on the proposed rule or supporting documents should 
be sent to Dr. Andrew A. Rosenberg, Regional Director, Northeast 
Region, NMFS, 1 Blackburn Drive, Gloucester, MA 01930. Mark the outside 
of the envelope ``Comments on Proposed Framework Adjustments to Vessel 
Ownership Requirements.''
    Copies of the Framework Adjustments, Amendment 5 to the American 
Lobster FMP, Amendment 4 to the Atlantic Sea Scallop FMP, and Amendment 
5 to the Northeast Multispecies FMP, including regulatory impact 
reviews, initial regulatory flexibility analyses, and final 
supplemental environmental impact statements are available upon request 
from Douglas Marshall, Executive Director, New England Fishery 
Management Council, 5 Broadway, Saugus, MA 01906-1097; telephone: 617-
231-0422.

FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, Fishery Policy 
Analyst, 508-281-9272.

SUPPLEMENTARY INFORMATION:

Background

    In 1994, NMFS implemented major amendments developed by the New 
England Fishery Management Council (Council) to the FMPs for the 
Atlantic sea scallop, northeast multispecies and the American lobster 
fisheries. These amendments, which were intended to address overfishing 
in these fisheries, implemented measures that limited access to these 
fisheries based upon historical participation.
    NMFS partially implemented Amendment 4 to the Atlantic Sea Scallop 
FMP (January 19, 1994, 59 FR 2757) and Amendment 5 to the Northeast 
Multispecies FMP on March 1, 1994 (59 FR 9872). Most of the measures 
remaining became effective on May 1, 1994 (59 FR 22760, May 3, 1995). 
NMFS implemented the approved sections of Amendment 5 to the American 
Lobster FMP on June 21, 1994 (59 FR 31938).
    Under current regulations for the Atlantic sea scallop and 
northeast multispecies fisheries, to be eligible to obtain a Federal 
limited access permit in 1994, an applicant had to have owned a vessel 
that qualified under the limited access criteria for each respective 
fishery. In addition, an applicant had to obtain a permit in 1994 to be 
eligible to renew a limited access permit in future years. Current 
regulations for the American lobster fishery are the same, with the 
exception that the qualifying year is 1995. These requirements 
represent a continuation of preexisting permit requirements.
    Under a limited access permit system, however, this situation poses 
a potential problem for anyone who does not own a fishing vessel at the 
time he or she applies for, or renews, a limited access permit. This 
includes anyone who sold or transferred a vessel and retained the 
permit and fishing history, but did not buy a new vessel in time to 
apply for an initial Atlantic sea scallop or northeast multispecies 
permit during the 1994 calendar year, or, in the case of American 
lobster, during the 1995 calendar year.
    In developing Amendment 5 to the American Lobster FMP, Amendment 4 
to the Atlantic Sea Scallop FMP, and Amendment 5 to the Northeast 
Multispecies FMP, the Council adopted the policy that vessel owners 
should not be required to continue to fish their vessels to be eligible 
to obtain or renew limited access permits. The Council did not intend 
to force vessels to remain active in currently overfished fisheries to 
retain fishing rights for the future, but it did not explicitly address 
the issue of vessel ownership as a requirement to obtain a permit under 
the various FMP amendments. Therefore, current regulations contradict 
the Council's intent not to require vessels to remain active in a 
limited access fishery.

Proposed Adjustment

    To address this problem, the Council has requested NMFS to 
implement this proposed action, which would allow an applicant who has 
owned a vessel that meets the various limited access permit 
qualification criteria, but who does not own a vessel at the time of 
application, to preserve his or her right to qualify for a Federal 
limited access permit for a replacement vessel in subsequent years in 
the Atlantic sea scallop and northeast multispecies fisheries, and in 
the American lobster fishery. Qualified applicants would be allowed to 
apply for a Confirmation of Permit History, and would need to apply for 
such annually, to preserve the permit and fishing history of the 
qualifying vessel.

Comments and Responses

    The Council has discussed and heard public comment on this issue 
for several years during the development of the amendments to the 
Northeast Multispecies and Atlantic Sea Scallop FMPs. More recently, 
this problem was discussed at the September 21-22, 1994, Council 
meeting, at which time the 

[[Page 45691]]
Council initiated this combined framework action. The public was 
notified of this Council meeting, and of the final Council meeting held 
on October 28-29, 1994, at which time this action was discussed. No 
public comments were received. This proposed rule provides the public 
with an additional opportunity to comment.

Classification

    This proposed rule has been determined to be not significant under 
E.O. 12866.
    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act that has been approved by the Office of 
Management and Budget under OMB Control Number 0648-0202. The public 
reporting burden for completing an application for a Confirmation of 
Permit History is estimated at 0.5 hours per response. This estimate 
includes 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 collection of information, 
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, D.C. 20503 (Attention: NOAA Desk 
Officer).
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce 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 because it would not: (1) Result in a change in annual 
gross revenues of more than 5 percent; or (2) increase annual 
compliance costs for small entities by more than 5 percent and would 
not increase compliance costs for small entities compared to large 
entities.

List of Subjects

50 CFR Part 649

    Fisheries.

50 CFR Part 650

    Fisheries, Reporting and recordkeeping requirements.

50 CFR Part 651

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 28, 1995.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR Parts 649, 650, and 
651 are proposed to be amended as follows:

PART 649--AMERICAN LOBSTER FISHERY

    1. The authority citation for part 649 continues to read as 
follows:

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

    2. In Sec. 649.4, paragraph (b)(1)(iv) is added to read as follows:


Sec. 649.4  Vessel permits.

    (b) * * *
    (1) * * *
    (iv) Confirmation of Permit History. Notwithstanding any other 
provisions of this part, a person who does not currently own a fishing 
vessel, but who has owned a qualifying vessel that has sunk, been 
destroyed, or transferred to another person, may apply for and receive 
a Confirmation of Permit History if the fishing and permit history of 
such vessel has been retained lawfully by the applicant. To be eligible 
to obtain a Confirmation of Permit History, the applicant must show 
that the qualifying vessel meets the eligibility requirements, as 
applicable, in this part. Issuance of a valid and current Confirmation 
of Permit History preserves the eligibility of the applicant to apply 
for or renew a limited access permit for a replacement vessel based on 
the qualifying vessel's fishing and permit history at a subsequent 
time, subject to the replacement provisions specified at Sec. 649.4. A 
Confirmation of Permit History must be applied for and received on an 
annual basis in order for the applicant to preserve the fishing rights 
and limited access eligibility of the qualifying vessel. If fishing 
privileges have been assigned or allocated previously under this part 
based on the qualifying vessel's fishing and permit history, the 
Confirmation of Permit History also preserves such fishing privileges. 
Any decision regarding the issuance of a Confirmation of Permit History 
for a qualifying vessel that has applied for or been issued previously 
a limited access permit under this part is a final agency action 
subject to judicial review under 5 U.S.C. 704. Applications for a 
Confirmation of Permit History shall be accepted by the Regional 
Director on or before December 31, 1995. For subsequent years, 
applications must be received by the end of the calendar year in which 
the Confirmation of Permit History expires. Information requirements 
for the Confirmation of Permit History application shall be the same as 
those for a limited access permit with any request for information 
about the vessel being applicable to the qualifying vessel that has 
been sunk, destroyed, or transferred. Vessel permit applicants who hold 
a Confirmation of Permit History and who wish to obtain a vessel permit 
for a replacement vessel based upon the previous vessel history may do 
so pursuant to paragraph (b) of this section.
* * * * *

PART 650--ATLANTIC SEA SCALLOP FISHERY

    3. The authority citation for part 650 continues to read as 
follows:

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

    4. In Sec. 650.4, the introductory text is revised and paragraph 
(a)(1)(iv) is added to read as follows:


Sec. 650.4  Vessel permits.

    Any vessel of the United States that fishes for, possesses, or 
lands per trip Atlantic sea scallops in quantities greater than 40 lb 
(18.14 kg) shucked scallops or 5 bushels (176.2 l) in-shell, except 
vessels that fish exclusively in state waters for sea scallops, must 
have been issued and carry on board a valid limited access scallop 
permit or a valid general scallop permit, issued under this section.
    (a) * * *
    (1) * * *
    (iv) Confirmation of Permit History. Notwithstanding any other 
provisions of this part, a person who does not currently own a fishing 
vessel, but who has owned a qualifying vessel that has sunk, been 
destroyed, or transferred to another person, may apply for and receive 
a Confirmation of Permit History if the fishing and permit history of 
such vessel has been retained lawfully by the applicant. To be eligible 
to obtain a Confirmation of Permit History, the applicant must show 
that the qualifying vessel meets the eligibility requirements, as 
applicable, in this part. Issuance of a valid and current Confirmation 
of Permit History preserves the eligibility of the applicant to apply 
for or renew a limited access permit for a replacement vessel based on 
the qualifying vessel's fishing and permit history at a subsequent 
time, subject to the replacement provisions specified at Sec. 650.4. A 
Confirmation of Permit History must be applied for and received on an 
annual basis in order for the applicant to preserve the fishing rights 
and limited access eligibility of the qualifying vessel. If fishing 

[[Page 45692]]
privileges have been assigned or allocated previously under this part 
based on the qualifying vessel's fishing and permit history, the 
Confirmation of Permit History also preserves such fishing privileges. 
Any decision regarding the issuance of a Confirmation of Permit History 
for a qualifying vessel that has applied for or been issued previously 
a limited access permit under this part is a final agency action 
subject to judicial review under 5 U.S.C. 704. Applications for a 
Confirmation of Permit History shall be accepted by the Regional 
Director on or before 30 days after publication of the final rule. For 
subsequent years, such applications must be received by the end of the 
calendar year in which the Confirmation of Permit History expires. 
Information requirements for the Confirmation of Permit History 
application shall be the same as those for a limited access permit with 
any request for information about the vessel being applicable to the 
qualifying vessel that has been sunk, destroyed or transferred. Vessel 
permit applicants who hold a Confirmation of Permit History and who 
wish to obtain a vessel permit for a replacement vessel based upon the 
previous history may do so pursuant to paragraph (a) of this section.
* * * * *

PART 651--NORTHEAST MULTISPECIES FISHERY

    5. The authority citation for part 651 continues to read as 
follows:

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

    6. In Sec. 651.4, paragraph (a) introductory text is revised and 
paragraph (a)(1)(iv) is added to read as follows:


Sec. 651.4  Vessel permits.

* * * * *
    (a) Limited access multispecies permits. Beginning on May 1, 1994, 
any vessel of the United States that possesses or lands more than the 
possession limit of regulated species specified under Sec. 651.27(a), 
except vessels fishing with fewer than 4,500 hooks that have been 
issued a hook-gear-only permit as specified in paragraph (b) of this 
section, vessels fishing for regulated species exclusively in state 
waters, and recreational fishing vessels, must have been issued and 
carry on board a valid Federal limited access multispecies permit, or 
an authorizing letter issued under paragraph (a)(8)(v) of this section. 
To qualify for a limited access multispecies permit, a vessel must meet 
the following criteria, as applicable:
    (1) * * *
    (iv) Confirmation of Permit History. Notwithstanding any other 
provisions of this part, a person who does not currently own a fishing 
vessel, but who has owned a qualifying vessel that has sunk, been 
destroyed, or transferred to another person, may apply for and receive 
a Confirmation of Permit History if the fishing and permit history of 
such vessel has been retained lawfully by the applicant. To be eligible 
to obtain a Confirmation of Permit History, the applicant must show 
that the qualifying vessel meets the eligibility requirements, as 
applicable, in this part. Issuance of a valid and current Confirmation 
of Permit History preserves the eligibility of the applicant to apply 
for or renew a limited access permit for a replacement vessel based on 
the qualifying vessel's fishing and permit history at a subsequent 
time, subject to the replacement provisions specified at Sec. 651.4. A 
Confirmation of Permit History must be applied for and received on an 
annual basis in order for the applicant to preserve the fishing rights 
and limited access eligibility of the qualifying vessel. If fishing 
privileges have been assigned or allocated previously under this part 
based on the qualifying vessel's fishing and permit history, the 
Confirmation of Permit History also preserves such fishing privileges. 
Any decision regarding the issuance of a Confirmation of Permit History 
for a qualifying vessel that has applied for or been issued previously 
a limited access permit under this part is a final agency action 
subject to judicial review under 5 U.S.C. 704. Applications for a 
Confirmation of Permit History shall be accepted by the Regional 
Director on or before 30 days after publication of the final rule. For 
subsequent years, such applications must be received by the end of the 
calendar year before the year for which the Confirmation of Permit 
History expires. Information requirements for the Confirmation of 
Permit History application shall be the same as those for a limited 
access permit with any request for information about the vessel being 
applicable to the qualifying vessel that has been sunk, destroyed or 
transferred. Vessel permit applicants who hold a Confirmation of Permit 
History and who wish to obtain a vessel permit for a replacement vessel 
based upon the previous vessel history may do so pursuant to paragraph 
(a) of this section.
* * * * *
[FR Doc. 95-21784 Filed 8-31-95; 8:45 am]
BILLING CODE 3510-22-F