Rule2023-13925
Reef Fish Resources of the Gulf of Mexico and Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Conversion of Historical Captain Permits
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 30, 2023
Effective
July 31, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS implements management measures as described in an abbreviated framework action under the Fishery Management Plans (FMPs) for the Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP) and Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and Atlantic Region (CMP FMP). This final rule will enable a permit holder to replace a historical captain endorsement in the reef fish and CMP fisheries in the Gulf of Mexico (Gulf) with a standard Federal charter vessel/headboat permit in the same Gulf fisheries. NMFS expects that this final rule will reduce the potential regulatory and economic burden on historical captain permit holders.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 125 (Friday, June 30, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42271-42272]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13925]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230626-0155]
RIN 0648-BL58
Reef Fish Resources of the Gulf of Mexico and Coastal Migratory
Pelagic Resources of the Gulf of Mexico and Atlantic Region; Conversion
of Historical Captain Permits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS implements management measures as described in an
abbreviated framework action under the Fishery Management Plans (FMPs)
for the Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP) and
Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and
Atlantic Region (CMP FMP). This final rule will enable a permit holder
to replace a historical captain endorsement in the reef fish and CMP
fisheries in the Gulf of Mexico (Gulf) with a standard Federal charter
vessel/headboat permit in the same Gulf fisheries. NMFS expects that
this final rule will reduce the potential regulatory and economic
burden on historical captain permit holders.
DATES: This final rule is effective on July 31, 2023.
ADDRESSES: An electronic copy of the abbreviated framework document
that contains an environmental assessment and a Regulatory Flexibility
Act (RFA) analysis may be obtained from the Southeast Regional Office
website at <a href="https://www.fisheries.noaa.gov/action/framework-action-historical-captain-permits-conversion-standard-federal-charter-headboat">https://www.fisheries.noaa.gov/action/framework-action-historical-captain-permits-conversion-standard-federal-charter-headboat</a>. The proposed rule for this action can be downloaded from the
same NMFS website or from <a href="http://www.regulations.gov">www.regulations.gov</a> by searching ``NOAA-NMFS-
2022-0121.''
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast
Regional Office, telephone: 727-824-5305, email:
<a href="/cdn-cgi/l/email-protection#d9abb0bab1f7b4b8b5b0b7b6aeaab2b099b7b6b8b8f7beb6af"><span class="__cf_email__" data-cfemail="25574c464d0b4844494c4b4a52564e4c654b4a44440b424a53">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management
Council (Gulf Council) manages reef fish in Gulf Federal waters under
the Reef Fish FMP. In Gulf and Atlantic Federal waters, the Gulf
Council and South Atlantic Fishery Management Council (Councils)
jointly manage CMP species under the CMP FMP. The Gulf Council prepared
the Reef Fish FMP and the Councils jointly prepared the CMP FMP. NMFS
implements the FMPs through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.).
On January 27, 2023, NMFS published a proposed rule in the Federal
Register for the abbreviated framework action and requested public
comment (88 FR 5295). The proposed rule and the abbreviated framework
action outline the rationale for the action contained in this final
rule. A summary of the management measure described in the abbreviated
framework action and implemented by this final rule is provided below.
Management Measure Contained in This Final Rule
This final rule enables a permit holder with an eligible historical
captain endorsement in the Gulf reef fish or Gulf CMP fishery to
convert that endorsement to a standard Federal charter vessel/headboat
permit (for-hire permit) in the same Gulf fishery, as applicable. This
rule also extends the same rights and responsibilities of these
standard for-hire permits to eligible individuals who choose to convert
a historical captain endorsement to a standard for-hire permit. An
eligible historical captain endorsement is hereafter referenced in this
preamble as a historical captain permit. There are currently four
historical captain permits, two for Gulf reef fish and two for Gulf CMP
species, and are held by two individuals. Historical captain permits
cannot be transferred to another person and no additional historical
captain permits can be issued (50 CFR 622.20(b)(1)(i)(B); 85 FR 22043,
April 21, 2020).
If an individual with an eligible historical captain permit wants
to convert the permit to a standard for-hire permit, the individual
must submit an application for a standard for-hire permit to NMFS along
with their current, original historical captain permit (not a copy),
and all supporting documents and fees, including documentation for the
vessel to which NMFS will issue or associate with the standard for-hire
permit. Unlike a historical captain permit, which is issued to an
individual, a standard for-hire permit must be issued to a vessel with
a valid U.S. Coast Guard certificate of documentation or state
registration certificate (50 CFR 622.4(a)). If the permit applicant is
the owner of the vessel, NMFS' Permits Office staff will
[[Page 42272]]
verify that the vessel for which the new standard for-hire permit will
be issued is owned by the applicant and does not have an existing Gulf
reef fish or CMP charter vessel/headboat permit associated with it, as
vessels are not allowed to have multiple charter vessel/headboat
permits of the same type associated with them.
If the vessel to which the permit will be associated with is to be
leased, a fully executed lease agreement of at least 7 months between
the vessel owner and permit holder will need to be included with the
application. Note that vessel owners and lessees cannot hold permits
issued to the same vessel at the same time. NMFS' Permits Office staff
will then verify the vessel does not have any other Federal permit
associated with it in another permit holder's name.
After NMFS verifies that the information provided with the
application allows for the conversion, the historical captain permit
will then be converted to a standard for-hire permit for Gulf reef fish
or Gulf CMP species, as applicable. Historical captain permit numbers
are unique, and the new standard for-hire permit will keep the existing
permit number (e.g., HRCG-9999 will convert to RCG-9999). A standard
for-hire permit issued as a result of this final rule will have the
same passenger capacity limitation as the historical captain permit
that it will replace.
Comments and Responses
NMFS received two public comments supporting the proposed rule for
the abbreviated framework action. NMFS acknowledges the comments in
favor of the action in the proposed rule. One commenter also suggested
that NMFS reduce or waive the fee to convert a historical captain
permit to a standard for-hire permit. However, this suggestion is
beyond the scope of the action considered in the proposed rule, and we
do not address it further in this final rule. NMFS made no changes to
the final rule resulting from public comments.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with the abbreviated framework action, the FMPs, the
Magnuson-Stevens Act, and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. A description of this final rule, why it is being
implemented, and the purpose of this final rule are contained in the
SUMMARY and SUPPLEMENTARY INFORMATION sections of this final rule.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Fish, Fisheries, Gulf of Mexico, Historical captain, Permit,
Transfer.
Dated: June 26, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
622 as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.20, revise paragraph (b)(1)(v) to read as follows:
Sec. 622.20 Permits and endorsements.
* * * * *
(b) * * *
(1) * * *
(v) Procedure for conversion of permit with historical captain
endorsement. A charter vessel/headboat permit with a historical captain
endorsement may be converted to a charter vessel/headboat permit for
Gulf reef fish without a historical captain endorsement. A charter
vessel/headboat permit with a historical captain endorsement that is
converted to a charter vessel/headboat permit without a historical
captain endorsement will retain the same vessel permit maximum
passenger capacity as the permit it replaces. To convert an eligible
charter vessel/headboat permit with a historical captain endorsement,
the permit holder must submit a permit application to the RA by July
30, 2025. If no application to convert an eligible charter vessel/
headboat permit with a historical captain endorsement is submitted by
July 30, 2025, the permit holder will retain a charter vessel/headboat
permit with the historical captain endorsement that is subject to the
restrictions described in paragraph (b)(1)(i)(B) of this section.
* * * * *
0
3. In Sec. 622.373, revise paragraph (f) to read as follows:
Sec. 622.373 Limited access system for charter vessel/headboat
permits for Gulf coastal migratory pelagic fish.
* * * * *
(f) Procedure for conversion of permit with historical captain
endorsement. A charter vessel headboat permit with a historical captain
endorsement may be converted to a charter vessel/headboat permit for
Gulf coastal migratory pelagic fish without a historical captain
endorsement as described in paragraph (b)(1) of this section. A charter
vessel/headboat permit with a historical captain endorsement that is
converted to a charter vessel/headboat permit without a historical
captain endorsement will retain the same vessel permit maximum
passenger capacity as the permit it replaces. To convert an eligible
charter vessel/headboat permit with a historical captain endorsement,
the permit holder must submit a permit application to the RA by July
30, 2025. If no application to convert an eligible charter vessel/
headboat permit with a historical captain endorsement is submitted by
July 30, 2025, the permit holder will retain a charter vessel/headboat
permit with the historical captain endorsement that is subject to the
restrictions described in paragraph (b)(2) of this section.
[FR Doc. 2023-13925 Filed 6-29-23; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 30, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.