National Marine Fisheries Service

01/27/2023 | Press release | Distributed by Public on 01/27/2023 08:51

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[...]

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, 2023Electronic 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 FisheriesPermit 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) 824-5308By Phone:(727) 824-5305

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Quick Glance Contact Listfor 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