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Request for Comments: Proposed Rule for a framework action to provide federal for-hire operators in the Gulf of Mexico an opportunity to replace their reef fish and coastal migratory pelagic historical captain permits with standard charter/headboat permit

January 27, 2023

FB23-002: Gulf of Mexico Fishery Bulletin. For more information, contact: Rich Malinowski; (727) 824-5305; Rich.Malinowski@noaa.gov

Key Message:

  • NOAA Fisheries requests comments on a proposed rule for a framework action under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico and the Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region.
  • The framework action and proposed rule would provide an opportunity to replace reef fish and coastal migratory pelagic historical captain endorsements held by for-hire operators in the Gulf of Mexico with standard Gulf Charter/Headboat permits.
  • These changes are based on the results of the recommendations of the Gulf of Mexico Fishery Management Council.

 

Comments are due by February 27, 2023

 

Summary Of Proposed Changes:

  • This abbreviated framework action would allow the conversion of the remaining valid or renewable Gulf historical captain permits into standard for-hire permits.
  • When the federal for-hire permits for those fisheries became limited access in 2002, historical captains who received letters of eligibility were able to redeem those letters for historical captain permits.  Unlike standard Gulf charter/headboat permits, historical captain permits are not transferable and require the endorsement holder to be on the vessel.  The Council previously took action to allow for the conversion of historical captain permits in 2018. Only historical captain permits that were valid (non-expired) or renewable on October 25, 2018, were eligible for replacement with standard for-hire permits.  However, until the effective date of that action, individuals could still redeem outstanding letters of eligibility and receive a historical captain permit.  All eligible historical captain permits were converted after the final rule implementing that action became effective in 2020. 
  • The conversion of a historical captain permit into a standard permit would be voluntary; the historical captain permit owner could elect to keep their historical captain permit.  If an eligible historical captain wishes to maintain their historical captain permit, the historical captain would renew the permit as done in previous years.
  • If an eligible historical captain wishes to convert their Coastal Migratory Pelagic or Reef Fish historical captain permit to a standard Coastal Migratory Pelagic or Reef Fish Charter/Headboat Permit they would submit an application along with their current historical captain permit (original document, not a copy) and supporting documents and fees.  NOAA Fisheries Permit Office staff would verify that the vessel the new for-hire permit would be issued to is either:

          (a) owned by the historical captain applicant and does not have an existing    Coastal Migratory Pelagic and/or Reef Fish Charter/Headboat Permit associated with it, or

          (b) leased to the historical captain applicant to attach their permit(s) to and    does not have any other federal permit(s) associated with it in another permit holder's name.

 

At its April 2022 meeting, the Gulf of Mexico Fishery Management Council unanimously approved the modification that would allow the conversion of remaining valid or renewable Gulf historical captain permits into standard for-hire permits.  The proposed rule would provide an opportunity to replace reef fish and coastal migratory pelagic historical captain endorsements held by for-hire operators in the Gulf with standard Gulf Charter/Headboat permits.

 

How To Comment On The Proposed Rule:

The comment period is open now through February 27, 2023.  You may submit comments by electronic submission or by postal mail.  Comments sent by any other method (such as e-mail), to any other address or individual, or received after the end of the comment period, may not be considered by NOAA Fisheries.

Formal Federal Register Name/Number: 88 FR 5295, published January 27, 2023

Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal. 

     1. Go to https://www.regulations.gov/document/NOAA_FRDOC_0001-6487.

     2. Click the "Comment” icon, complete the required fields.

     3. Enter or attach your comments.

Mail: Submit written comments to Rich Malinowski, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.


Frequently Asked Questions (FAQs)

What are the proposed changes?

  • This rule would allow the conversion of the remaining valid or renewable Gulf historical captain permits into standard for-hire permits.
  • The conversion of a historical captain permit into a standard permit would be voluntary; the historical captain permit owner may elect to keep their historical captain permit.  If an eligible historical captain wishes to maintain their historical captain permit, the historical captain would renew the permit as done in previous years.
  • If an eligible historical captain wishes to convert their Coastal Migratory Pelagic or Reef Fish historical captain permit to a standard or Reef Fish Charter/Headboat Permit, they would submit an application along with their current historical captain permit (original document, not a copy) and supporting documents and fees.  NOAA Fisheries Permit Office staff would verify that the vessel the new for-hire permit would be issued to is either:

        (a) owned by the historical captain applicant and does not have an existing      and/or Reef Fish Charter/Headboat Permit associated with it, or

        (b) leased to the historical captain applicant to attach their permit(s) to and      does not have any other federal permit(s) associated with it in another permit holder's name.

 

Where can I find more information on the Historical Captain Permit Conversions into Standard Charter/Headboat Permits Framework Action?

  • Contact NOAA Fisheries, Southeast Regional Office

     By Mail: Rich Malinowski

     NOAA Fisheries, Southeast Regional Office

     Sustainable Fisheries Division

     263 13th Avenue South

     St. Petersburg, Florida 33701-5505

     By FAX: (727) 824-5308

     By Phone: (727) 824-5305


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NOAA's Text Message Alert Program allows you to receive important fishery related alerts via text message (SMS).  Standard message & data rates may apply. You may opt-out at any time.

 

Text alerts you may receive include:

  • Immediate fishery openings and closures
  • Any significant changes to fishing regulations that happen quickly

 

Sign up for one or more of the following groups:

  • Gulf of Mexico Recreational Fisheries Related Alerts
    • Text GULFRECFISH to 888777
  • Gulf of Mexico Commercial Fisheries Related Alerts
    • Text GULFCOMMFISH to 888777
  • South Atlantic Recreational Fisheries Related Alerts
    • Text SATLRECFISH to 888777
  • South Atlantic Commercial Fisheries Related Alerts
    • Text SATLCOMMFISH to 888777
  • Caribbean Fisheries Related Alerts
    • Text CARIBFISH to 888777

 

Quick Glance Contact List for the NOAA Fisheries Southeast Regional Office

Permits Mailbox: The Permits Office in St. Petersburg, Florida, now has a Permits mailbox in the front lobby (263 13th Ave. South, St. Petersburg, Florida 33701).  You can now drop off original permits for permit transfers.  Envelopes with information labels will be provided so that your documents can be attached to the correct application.  The mailbox will be checked daily.  For more information, contact the Permits Office at 877-376-4877.

 

Other contacts:

Media: Allison Garrett, 727-551-5750 

Last updated by Southeast Regional Office on January 27, 2023