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Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 11
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: February 25, 2002 (Volume 67, Number 37)]
[Proposed Rules]
[Page 8503-8508]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe02-17]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 011018255-1255-01; I.D. 071001F]
RIN 0648-AO51
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Shrimp Fishery of the Gulf of Mexico; Amendment 11
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 11 to
the Fishery Management Plan for the Shrimp Fishery of the Gulf of
Mexico (Amendment 11), as prepared and submitted by the Gulf of Mexico
Fishery Management Council. This proposed
[[Page 8504]]
rule would require owners or operators of all vessels harvesting shrimp
in the exclusive economic zone of the Gulf of Mexico (Gulf EEZ) to
obtain a commercial vessel permit for Gulf shrimp; prohibit the use of
traps to harvest royal red shrimp in the Gulf EEZ; and prohibit the
transfer of royal red shrimp at sea. The permit requirement would
provide an accurate and efficient method of identifying and quantifying
the number of vessels in the Gulf EEZ shrimp fishery. The prohibition
of the use of traps for royal red shrimp is intended to prevent gear
conflict and potential overfishing. The prohibition on transfer of
royal red shrimp at sea is intended to enhance enforceability of the
prohibition on use of traps in the fishery.
DATES: Comments must be received no later than 4:30 p.m., eastern
standard time, on April 11, 2002.
ADDRESSES: Written comments on the proposed rule should be sent to Dr.
Steve Branstetter, Southeast Regional Office, NMFS, 9721 Executive
Center Drive N., St. Petersburg, FL 33702. Comments also may be sent
via fax to 727-570-5583. Comments will not be accepted if submitted via
e-mail or Internet.
Requests for copies of Amendment 11, which includes an
environmental assessment and regulatory impact review (RIR), should be
sent to the Gulf of Mexico Fishery Management Council, 3018 U.S.
Highway 301 North, Suite 1000, Tampa, FL 33619-2266; telephone: 813-
228-2815; fax: 813-225-7015; e-mail: gulfcouncil@gulfcouncil.org.
Copies of the Gulf of Mexico Fishery Management Council's Minority
Report on Amendment 11 may also be obtained from the same address.
Comments regarding the collection-of-information requirements
contained in this proposed rule should be sent to Robert Sadler,
Southeast Regional Office, NMFS, 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: Dr. Steve Branstetter, telephone: 727-
570-5305, fax: 727-570-5583, e-mail: Steve.Branstetter@noaa.gov.
SUPPLEMENTARY INFORMATION: The fishery for shrimp in the Gulf EEZ is
managed under the Fishery Management Plan for the Shrimp Fishery of the
Gulf of Mexico (FMP). The FMP was prepared by the Gulf of Mexico
Fishery Management Council (Council), approved by NMFS, and implemented
under the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part
622.
Need for a Federal Commercial Vessel Permit for Gulf Shrimp
The shrimp fishery is the largest fishery in terms of numbers of
fishing vessels and participants in the Gulf of Mexico, but is one of
the few federally managed fisheries with no fishing permit requirement.
Some data collection and vessel identification systems exist through
either state or Federal programs, but none is comprehensive or
specifically identifies shrimp fishing vessels that fish in the EEZ.
NMFS maintains two record systems, each with a limited purpose. The
Shrimp Landing File (SLF) contains landings by individual shrimp
vessels over the course of a year. The Vessel Operating Units File
(VOUF) is similar, but the purpose of this file is to maintain a record
of vessel characteristics (i.e., length, age, horsepower, etc.) for all
active shrimp fishing vessels during a particular year. Neither the SLF
nor VOUF contains contact information for the owner, and neither
indicates whether the vessel fishes in the Gulf of Mexico EEZ.
Similarly, state licensing files list active fishing vessels, but these
files do not provide information on whether vessels fish in state or
Federal waters, or both. In some instances, these vessel licenses are
not specific to a fishery; thus, they do not readily identify shrimp
fishing vessels as opposed to vessels operating in other fisheries.
Trip ticket systems are not used by all the states, nor is the data
collection uniform among those states that do have a trip ticket
system. Although the GulfFIN program, as administered by the Gulf
States Marine Fisheries Commission, will standardize this information,
this program is still under development. NMFS has supported the
development of a national Vessel Identification System under the
auspices of the US Coast Guard (USCG). However, the USCG is still
reviewing options to implement this system, and its implementation is
not anticipated in the near future.
Because existing vessel identification systems are not
comprehensive nor do they specifically identify shrimp fishing vessels
that fish in the EEZ, the Council concluded that a Federal vessel
permit requirement for the shrimp fishery of the Gulf of Mexico was
necessary to identify accurately the universe of vessels that fish for
shrimp in the Gulf of Mexico EEZ and, thereby, to facilitate scientific
assessments of annual fishing effort. The database would provide an
enumeration of the vessels that would be authorized to fish for shrimp
in the EEZ on an annual basis. A Federal permit system is a
prerequisite tool for designing a statistically robust data collection
program to canvass or randomly sample the activities of the shrimp
fishery in the EEZ. Previous data collection programs were hampered by
the inability to specifically identify the universe of vessels fishing
for shrimp in the Gulf EEZ. The results of NMFS' 1992-1996 incidental
harvest research program, as well as the Council's subsequent actions
implemented in Amendment 9, which were based on the results of that
program, have been questioned because the sampling was not conducted
through a stratified random sampling effort. Similarly, during the
summer 1998 Red Snapper/Shrimp Research Program, the Southeast
Fisheries Science Center (SEFSC) attempted to implement a trial logbook
program. That attempt was only partially successful because it failed
to reach many of the intended participants in a timely manner. Without
information to identify readily the participants in the fishery,
sampling programs have depended on non-random sampling. A more robust
analysis of the shrimp fishery is only possible through stratified
random sampling of the existing fleet, and that kind of sampling is
only possible where the specific vessels are readily identifiable. The
permit system will serve as a source to identify a representative
stratified random sample of shrimp vessels. Once the Agency has more
accurately determined the number of fishery participants through the
permit system, sample groups will be used to conduct research to
collect biological, fishery, social, and economic data on the fishery,
through use of observers, vessel monitoring systems, or other data
collection methods. Anticipated improvements from the permitting and
subsequent sampling procedures would include more precise red snapper
bycatch estimation and more accurate determinations of economic and
community impacts. Information collected under such future programs
would aid in the formulation of sound management measures for the
shrimp fishery and those finfish fisheries that are affected by bycatch
and bycatch mortality arising from the shrimp fishery. Therefore, the
Council concluded that a requirement for a Federal commercial vessel
permit for the shrimp fishery in the Gulf EEZ should enhance the
capability to achieve and maintain sustainable fisheries in the Gulf of
Mexico.
[[Page 8505]]
Two Council members submitted a minority report expressing
opposition to the implementation of Amendment 11. Their opposition was
based on their belief that the permit requirements in Amendment 11 are
inconsistent with national standards 5, 6, 7, and 8 of the Magnuson-
Stevens Act, are devoid of adequate rationale, and will result in
additional bureaucracy and costs. Copies of the minority report are
available from the Council (see ADDRESSES).
Commercial Vessel Permit Requirement
This proposed rule would require an owner or operator of a vessel
that fishes for shrimp in the Gulf EEZ or possesses shrimp in or from
the Gulf EEZ to have a valid commercial vessel permit for Gulf shrimp
on board. If Amendment 11 is approved, the permit requirement would
become effective 90 days after the effective date of the final rule
implementing the amendment. No qualifying criteria (e.g., documentation
of landings, earned income from fishing, or other participation
requirements) are proposed for the Gulf shrimp permit. If the permit
requirement is approved, it would provide an accurate identification of
the universe of vessels authorized to fish for shrimp in the Gulf EEZ.
Establishing this known universe of vessels would provide the basis for
future development of additional data collection programs to evaluate,
more comprehensively, the biological, economic, and social
characteristics of the fishery. When this information becomes
available, the Council would be in a better position to evaluate
whether any restrictive criteria for participation in the shrimp
fishery should be considered in the future.
Permit Procedures
Required permitting procedures that apply to all Magnuson-Stevens
Act permits issued by the Administrator, Southeast Region, NMFS, (RA)
and that would apply to a Gulf shrimp permit are specified in 50 CFR
622.4. These procedures include requirements related to the following:
application, fees, initial issuance, transferability, permit renewal,
permit display, and other permit-related provisions. Basic requirements
and procedures are summarized here for the convenience of the reader.
Permit Application
Permit application forms would be available from the RA. Completed
application forms would have to be submitted to the RA at least 30 days
prior to the date on which the applicant requests to have the permit
made effective. However, given the large volume of permit applications
anticipated for the Gulf shrimp fishery, NMFS would strongly encourage
applicants to submit completed applications as soon as possible after
publication of the final rule implementing Amendment 11. Any delay in
submitting a completed application could result in an inability to
issue a permit prior to the deadline for the permit requirement and,
thus, preclude legal fishing for Gulf shrimp until the permit is
issued.
The application for a commercial vessel permit would have to be
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. All vessel permits would be mailed to owners,
whether the applicant is an owner or an operator. An applicant would
have to provide the following:
(1) A copy of the vessel's valid USCG certificate of documentation
or, if not documented, a copy of its valid state registration
certificate.
(2) Vessel name and official number.
(3) Name, address, telephone number, and other identifying
information of the vessel owner and of the applicant, if other than the
owner.
(4) Any other information concerning the vessel, gear
characteristics, principal fisheries engaged in, or fishing areas, as
specified on the application form.
(5) Any other information that may be necessary for the issuance or
administration of the permit, as specified on the application form.
Permit Fees
A fee would be charged for each application for a permit and for
each request for replacement of such permit. The amount of each fee
would be calculated in accordance with the procedures of the NOAA
Finance Handbook, available from the RA, for determining the
administrative costs of each special product or service. The fee may
not exceed such costs and would be specified with each application
form. The appropriate fee would have to accompany each permit
application or request for permit replacement.
Initial Permit Issuance
The RA would issue an initial permit at any time to an applicant if
the application was complete. An application would be complete when all
requested forms, information, and documentation had been received. Upon
receipt of an incomplete application, the RA would notify the applicant
of the deficiency. If the applicant failed to correct the deficiency
within 30 days of the date of the RA's letter of notification, the
application would be considered abandoned.
Duration
A permit would remain valid for the period specified on it unless
it was revoked, suspended, or modified pursuant to subpart D of 15 CFR
part 904 or unless the vessel was sold.
Transfer
A vessel permit for Gulf shrimp would not be transferable or
assignable. A person who acquired a vessel and desired to conduct
activities for which a Gulf shrimp vessel permit would be required
would need to apply for a permit. If the acquired vessel was already
permitted, the application would need to be accompanied by the original
permit and a copy of a signed bill of sale or equivalent acquisition
papers.
Renewal
Although a permit would be issued on an annual basis, an
application for its renewal would be required only every 2 years. In
the interim years, renewal would be automatic (without application) for
a vessel owner who had met the specific requirements for the permit,
had submitted all reports required under the Magnuson-Stevens Act, and
was not subject to a permit sanction or denial of a permit application
in accordance with the procedures governing enforcement-related permit
sanctions and denials found at subpart D of 15 CFR part 904. An owner
whose permit was expiring would be mailed a notification by the RA
approximately 2 months prior to its expiration. That notification would
advise the status of the renewal. That is, the notification would
advise that the renewal would be issued without further action by the
owner (automatic renewal); that the permit was ineligible for automatic
renewal; or that a new application would be required.
If the RA's notification indicates that the owner's permit would be
eligible for automatic renewal, the RA would mail the automatically
renewed permit approximately 1 month prior to expiration of the old
permit.
If the RA's notification indicates that the owner's permit would be
ineligible for automatic renewal, the notification would specify the
reasons and would provide an opportunity for correction of any
deficiencies. If the owner or dealer did not correct such deficiencies
within 60 days after the date of the RA's notification, the renewal
would be considered abandoned.
[[Page 8506]]
If the RA's notification indicates that a new application would be
required, the notification would include a preprinted renewal
application. If the RA receives an incomplete application, the RA would
notify the applicant of the deficiency. If the applicant failed to
correct the deficiency within 30 days of the date of the RA's letter of
notification, the application would be considered abandoned.
A vessel owner or dealer who did not receive a notification from
the RA regarding status of renewal of a permit by 45 days prior to
expiration of the current permit would have to contact the RA.
Display
The vessel permit would have to be carried on board the vessel. The
operator of a vessel would have to present the permit for inspection
upon the request of an authorized officer.
Prohibition on the Use of Traps in the Royal Red Shrimp Fishery and
on Transfer of Royal Red Shrimp At Sea
Royal red shrimp have been a small component of the Gulf of Mexico
shrimp fishery since the early 1960s, and are traditionally harvested
using modified shrimp trawls at depths exceeding 100 fathoms (183
meters). The Council concluded that allowing trap gear in this fishery
would likely lead to gear conflicts and could lead to overfishing. An
emergency interim rule prohibiting the use of trap gear in the royal
red shrimp fishery within the EEZ of the Gulf of Mexico was promulgated
on September 19, 2000, (65 FR 56500), and extended until September 14,
2001 (66 FR 14862, March 14, 2001). The Council requested that NMFS
take that emergency action until regulations could be implemented
through the proposed amendment to the FMP.
The intended effect of the proposed rule to prohibit the use of
traps in this fishery is to prevent gear conflict that could compromise
vessel safety and to prevent overfishing in the royal red shrimp
fishery. Gear conflicts would otherwise be likely to occur between the
traditional trawl fishery and the proposed trap line fishery on the
royal red shrimp fishing grounds. This could result in substantial
damage and loss of fishing gears and an increase in cost for
participants in the fishery. Gear conflicts also would introduce vessel
safety issues because of the depth of the fishing effort, the weight of
the deployed gears (especially if they become tangled), and the fact
that the fishing grounds are far offshore. Additionally, the
introduction of new fishing effort could lead to overfishing of the
resource. Since 1993, landings from the traditional trawl fishery have
ranged from 200,000 to 335,000 lb (90,719 to 151,953 kg), which is
approaching the maximum sustainable yield of 392,000 lb (177,808 kg)
for the fishery. The prohibition of the transfer of royal red shrimp in
the Gulf EEZ and of royal red shrimp taken in the Gulf EEZ regardless
of where the transfer takes place is necessary to enhance the
enforceability of the prohibition of the use of traps in the fishery.
Additional Information
Additional background and rationale for the measures discussed here
are contained in Amendment 11, the availability of which was announced
in the Federal Register (66 FR 37634; July 19, 2001). The public
comment period on Amendment 11 expired on September 17, 2001. All
comments received on Amendment 11 or on this proposed rule during their
respective comment periods will be addressed in the preamble to the
final rule.
Classification
On October 17, 2001, NMFS approved Amendment 11 based on a
determination that it was consistent with the national standards of the
Magnuson-Stevens Act and other applicable law. In making that
determination, NMFS took into account the data, views, and comments
received during the comment period on Amendment 11.
This proposed rule has been determined to be significant for
purposes of Executive Order 12866 because of its controversial nature.
Copies of the RIR are available (see ADDRESSES).
The Chief Counsel for Regulation of the Department of Commerce has
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 Magnuson-Stevens Act provides the statutory basis for the
rule. The proposed rule would: require all vessels (including boats)
harvesting shrimp in the Gulf EEZ to obtain a commercial vessel
permit for Gulf shrimp; prohibit the use of traps to harvest royal
red shrimp in the Gulf EEZ; and prohibit the transfer of royal red
shrimp at sea.
This permit requirement is needed to identify and quantify the
number of vessels in the shrimp fishery of the Gulf EEZ. Under the
existing FMP, shrimp vessels in the Gulf EEZ are not required to
have federal permits. Consequently, the only means of determining
the numbers of vessels operating in the Gulf EEZ are through NMFS'
shrimp landings file (SLF), NMFS' vessel operating units file
(VOUF), and state license files. Some states require licenses for
shrimp vessels while others only license the activity (commercial
landings). These data sources do not provide an accurate and direct
means of determining the numbers of vessels participating in the
shrimp fishery in the Gulf EEZ.
Mandatory vessel permitting proved to be an effective way of
obtaining information on the number of potentially active vessels
and participants in other commercial and for-hire fisheries
operating in the Gulf EEZ, including the reef fish and coastal
migratory pelagics fisheries. These data combined with logbook
reporting, observer reports, and other surveys provided managers
with essential information on effort, catch, bycatch, and other
important parameters regarding these fisheries. Having a known
universe of vessels operating in the Gulf EEZ shrimp fishery will
help provide the same opportunities for scientists and managers to
collect data on effort, catch, bycatch, and other important
parameters of both targeted shrimp stocks, as well as bycatch
species that may or may not be under separate management regimes.
Presently, without permits, the numbers of vessels that operate in
the Gulf EEZ shrimp fishery can only be estimated using the SLF,
VOUF, and/or state license files.
The royal red shrimp fishery in the Gulf traditionally operated
as a trawl fishery. Traps are not included on the list of allowable
gear for the royal red shrimp fishery, or the penaeid shrimp fishery
in general. However, a recent request to allow trap gear was
considered and denied due to potential gear conflicts and the
increased possibility of exceeding maximum sustainable yield as a
result of this new effort. The prohibition on the use of traps was
implemented through an emergency interim rule which expired on
September 14, 2001. Consequently, unless a more permanent
prohibition through a plan amendment is implemented, future use of
trap gear could occur legally under 50 CFR, Part 600.747. The
prohibition on the transfer of royal red shrimp at sea is intended
to enhance enforceability of the prohibition of the use of traps in
the fishery. The transfer prohibition is not expected to impact
fishery participants using authorized gear, i.e. trawls, since
transfer at sea has not been and is not a customary practice in the
royal red shrimp fishery.
Generally, a fish-harvesting business is considered a small
business if it is independently owned and operated and not dominant
in its field of operation, and if it has annual receipts not in
excess of $3.0 million. Although there are several fleet operations
in the Gulf shrimp fishery, their actual number is not known, in
part due to the lack of permit data. Considering the low likelihood
that these operations are dominant in the harvesting sector of the
shrimp fishery, the gross receipts criterion may be used to define a
small business in the shrimp fishery.
Based on SLF and VOUF, the number of shrimp vessels in the Gulf
ranges from approximately 3,500 to 5,000. State license files
indicate that there are 13,163 shrimp boats in the Gulf. The
proposed Gulf shrimp vessel permit would be required on all shrimp
vessels fishing in the EEZ. This would affect practically all shrimp
vessels
[[Page 8507]]
and at least some shrimp boats. The number of affected shrimp boats
is unknown, but will ultimately depend on the number of boats that
prosecute the EEZ component of the fishery.
Ward et al. (1995) reported that the average gross revenues for
shrimp vessels are approximately $82,000 (converted to 1999 prices,
based on the producer price index (PPI) for all commodities). One
standard deviation from this average provides a range of $16,000 to
$425,000. Considering that even the upper limit of the revenue range
is well below the $3.0 million threshold, all shrimp vessel
operations, and thus undoubtedly all shrimp boat operations as well,
are small business entities. Thus, the substantial number criterion
would be met. Within these small entities, significant variations of
revenues occur by size of vessels and by home port state. Ward et
al. (1995) estimated that average annual revenues of shrimp vessels
in the Gulf (as adjusted by the PPI in 1999) by length of vessel
are: $4,000 for vessels less than 25 ft (7.6 m), $23,000 for vessels
between 25 and 50 ft (7.6 and 15.2 m) and, $198,000 for vessels
greater than 50 ft (15.2 m). Broken down by homeport state, the
average annual revenues of shrimp vessels are: $112,000 for Alabama,
$106,000 for Florida, $9,000 for Louisiana, $45,000 for Mississippi,
and $192,000 for Texas.
For purposes of NMFS' rules, the determination whether a
``significant economic impact'' results is determined by examining
two issues: disproportionality and profitability. To determine
disproportionate impacts, the pertinent question is whether the
regulations place a substantial number of small entities at a
significant competitive disadvantage compared to large entities. All
the commercial entities potentially affected by the proposed rule
are considered small entities so that the issue of
disproportionality does not arise in the present case. The pertinent
question in determining profitability is whether the regulations
significantly reduce profit for a substantial number of small
entities. Ward et al. (1995) estimated the profits (total revenues
less total costs) of shrimp vessels in the Gulf. The average net
revenues (profits) for a shrimp vessel in the Gulf are approximately
$12,000 (converted to 1999 prices, based on the producer price index
(PPI) for all commodities). Average profit for vessels by vessel
length are: $1,598 for vessels less than 25 ft (7.6 m), $7,949 for
vessels between 25 and 50 ft (7.6 and 15.2 m), and $8,457 for
vessels greater than 50 ft (15.2 m). Broken down by homeport state,
average profits are: $4,769 for Alabama, $29,832 for Florida, $3,286
for Louisiana, $13,876 for Mississippi, and $11,452 for Texas. The
cost of a vessel permit is $50. Thus, the permit costs as a percent
of profit would be approximately 0.4 percent per vessel on average.
By vessel size category, permit costs as a percentage of profits
would be 3.1 percent for vessels less than 25 ft (7.6 m), 0.6
percent for vessels between 25 and 50 ft (7.6 and 15.2 m), and 0.6
percent for vessels greater than 50 ft (15.2 m). By homeport state,
permit costs as a percentage of profits would be 1.0 percent for
Alabama vessels, 0.2 percent for Florida vessels, 1.5 percent for
Louisiana vessels, 0.4 percent for Mississippi vessels, and 0.4
percent for Texas vessels.
Traps have not been an allowable gear in the royal red shrimp
fishery prior to this rule, due to, first, their exclusion from the
allowable gear list for this fishery and, second, an emergency
interim rule prohibiting their use that expired on September 14,
2001. Although only one fisherman has petitioned to use trap gear in
the royal red shrimp fishery, designation of the gear as allowable
for this fishery, which will occur automatically without
promulgation of this rule, would make it available to all fishermen.
It is indeterminate, however, how many fishermen might elect to
utilize the gear or how said use would affect the economic
performance of the fishing operations. Although it can probably be
presumed that the petitioning fisherman may have intended to test
the gear, extension of same to any portion of other fishermen is
without empirical basis. Further, in the absence of economic data on
the use of trap gear in this fishery, it is not possible to
precisely characterize potential foregone opportunity. The
historical lack of interest in the use of trap gear in the royal red
shrimp fishery, as evidenced by the single petition for allowance,
suggests that the economic rationale for its use is not strong,
leading to a conclusion that continued prohibition would not
generate significant adverse economic impacts in terms of foregone
opportunity. Further, although it is not known whether the
petitioning fisherman made investments in the gear prior to either
it's approval or testing, significant investment prior to such would
not have been financially sound and is unlikely to have occurred.
With regard to transfer at sea, since this practice does not occur
in the royal red shrimp fishery, this prohibition will not generate
any adverse impacts. The permit costs, $50.00 per vessel, and burden
time, $4.00 per vessel, (estimated at 20 minutes per permit
application) are the only costs imposed by the permitting
requirement. The estimated vessel cost is $54.00 per vessel and
$378,000 for the industry for the first year. As such, the proposed
rule would not effect a significant reduction in vessel profits.
Therefore, the proposed rule would not have a significant economic
impact on a substantial number of small entities. As a result, an
initial regulatory flexibility analysis was not required.
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 Office of Management and Budget
(OMB) control number.
This proposed rule contains collection-of-information requirements
subject to the PRA--namely, a requirement to submit an application for
a Gulf shrimp commercial vessel permit and a vessel identification
requirement. In addition, NMFS intends to revise the Multiple Fishery
Vessel Application (Application) that will be used for the Gulf shrimp
permit and is used for other fishery permits issued by the NMFS
Southeast Regional Office. NMFS intends to add data fields for the
applicant's birth date, street address, and county; vessel net tonnage;
vessel gross tonnage, and vessel hull identification number. The permit
application requirement and the new application data field requirements
have been submitted to OMB for approval. The public reporting burden
for the collection of information related to the Gulf shrimp permit
application and the additional data elements on the Application is
estimated to average 20 minutes per response. This estimate of the
public reporting burden includes the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collections of information.
The vessel identification requirement was previously approved by OMB
under control number 0648-0358, with an estimated response time of 45
minutes total per vessel.
Public comment is sought regarding: whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments
regarding this burden estimate or any other aspect of the collection-
of-information requirements, including suggestions for reducing the
burden, to NMFS and to OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: February 19, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs,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:
[[Page 8508]]
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 622.2, the definition of ``Shrimp'' is revised to read
as follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Shrimp means one or more of the following species, or a part
thereof:
(1) Brown shrimp, Farfantepenaeus aztecus.
(2) White shrimp, Litopenaeus setiferus.
(3) Pink shrimp, Farfantepenaeus duorarum.
(4) Royal red shrimp, Hymenopenaeus robustus.
(5) Rock shrimp, Sicyonia brevirostris.
(6) Seabob shrimp, Xiphopenaeus kroyeri.
* * * * *
3. In Sec. 622.4, paragraph (a)(2)(xi) is added to read as follows:
Sec. 622.4 Permits and fees.
(a) * * *
(2) * * *
(xi) Gulf shrimp. For a person aboard a vessel to fish for shrimp
in the Gulf EEZ or possess shrimp in or from the Gulf EEZ, a valid
commercial vessel permit for Gulf shrimp must have been issued to the
vessel and must be on board.
* * * * *
4. In Sec. 622.6, paragraph (a)(1)(i) introductory text is revised
to read as follows:
Sec. 622.6 Vessel and gear identification.
(a) * * *
(1) * * *
(i) Official number. A vessel for which a permit has been issued
under Sec. 622.4 must display its official number--
* * * * *
5. In Sec. 622.31, paragraph (k) is added to read as follows:
Sec. 622.31 Prohibited gear and methods.
* * * * *
(k) Traps for royal red shrimp in the Gulf EEZ and transfer at sea.
A trap may not be used to fish for royal red shrimp in the Gulf EEZ.
Possession of a trap and royal red shrimp on board a vessel is
prohibited. A trap used to fish for royal red shrimp in the Gulf EEZ
may be disposed of in any appropriate manner by the Assistant
Administrator or an authorized officer. In addition, royal red shrimp
cannot be transferred in the Gulf EEZ, and royal red shrimp taken in
the Gulf EEZ cannot be transferred at sea regardless of where the
transfer takes place.
[FR Doc. 02-4451 Filed 2-22-02; 8:45 am]
BILLING CODE 3510-22-S