[Federal Register Volume 61, Number 58 (Monday, March 25, 1996)]
[Proposed Rules]
[Pages 12056-12057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7112]
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DEPARTMENT OF COMMERCE
50 CFR Part 654
RIN 0648-AI16
[Docket No. 960314075-6076-02; I.D. 031196C]
Stone Crab Fishery of the Gulf of Mexico; Removal of Regulations
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 to withdraw approval of the Fishery Management
Plan for the Stone Crab Fishery of the Gulf of Mexico (FMP) and remove
its implementing regulations. The stone crab fishery takes place
entirely off Florida's coast and State regulations are adequate to
protect and manage the resource. Accordingly, removal of the Federal
regulations eliminates duplication of effort, reduces costs of
enforcement and data collection, and is in accordance with the
President's Regulatory Reinvention Initiative intended to reform
Federal regulations.
DATES: Written comments must be received on or before May 9, 1996.
ADDRESSES: Send comments on the proposed rule and requests for copies
of the Environmental Assessment/Regulatory Impact Review to the
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St.
Petersburg, FL 33702.
FOR FURTHER INFORMATION CONTACT: Georgia Cranmore, 813-570-5305.
SUPPLEMENTARY INFORMATION: The FMP was prepared by the Gulf of Mexico
Fishery Management Council (Council) and was implemented in 1979
through regulations at 50 CFR part 654 under the authority of the
Magnuson Fishery Conservation and Management Act (Magnuson Act).
The stone crab fishery managed under the FMP is located entirely
off the coast of Florida. The majority of harvest is from Florida's
waters (0-9 nautical miles (0-16.7 km) from shore on the Gulf coast and
0-3 nautical miles (0-5.6 km) from shore on the Atlantic coast), and
virtually all of the harvest is landed in Florida's ports, principally
in the southwestern Florida counties of Monroe through Lee. In 1995,
almost 75 percent of stone crab landings were in these counties and 78
percent of the entire harvest was from Florida's waters. NMFS believes
that all vessels in this fishery are registered in Florida. A Florida
license is required for all commercial landings in Florida. For these
reasons, lack of Federal management of this fishery is unlikely to have
any significant effect on the status of the resource or on the conduct
of the fishery.
Florida has actively managed the fishery since 1929. The FMP was
intended to resolve gear conflicts between shrimp fishermen with
vessels registered in states other than Florida and Florida stone crab
fishermen. Other FMP objectives include managing the stone crab
resource for optimum yield, conserving the stocks while attaining full
utilization, establishing an effective reporting system, and promoting
uniformity of the regulations throughout the management area. The FMP,
as amended, adopted Florida's rules for stone crab in the exclusive
economic zone (EEZ). By adopting Florida's rules, the Council and NMFS
accommodated Florida's leading role in regulating this fishery.
Section 303(a)(1) of the Magnuson Act (16 U.S.C. 1853 (a)(1))
requires that a fishery management plan contain the measures that are
``necessary and appropriate for the conservation and management of the
fishery to prevent overfishing, and to protect, restore, and promote
the long-term health and stability of the fishery,'' and that are
``consistent with the national standards.'' NMFS has concluded that
Florida's regulations are adequate to protect and manage the stone crab
resource throughout its range. Therefore, NMFS has determined that
Federal regulations for this fishery are not ``necessary and
appropriate.'' Furthermore, continuation of Federal regulations would
not be consistent with the Magnuson Act's National Standard 7 that
requires that ``conservation and management measures shall, where
practicable, minimize costs and avoid unnecessary duplication.''
For the reasons summarized above, and in accordance with the
President's regulatory reform initiative, NMFS proposes to withdraw
approval of the FMP and to remove its implementing regulations. If
approval of the FMP is withdrawn, an advance notice of proposed
rulemaking (60 FR 37868, July 24, 1995), which announced that the
Council was considering measures to limit entry into the fishery and
established a control date if a limited entry program were implemented,
would no longer be relevant.
[[Page 12057]]
NMFS recognizes Florida's authority under section 306(a)(3) of the
Magnuson Act (16 U.S.C. 1856(a)(3)) to regulate vessels registered
under its laws when such vessels harvest stone crab in the EEZ. If
fishing practices outside Florida's authority should constitute an
emergency situation that jeopardizes effective management of the stone
crab fishery in the EEZ, NMFS would consider issuing emergency
regulations to address the emergency, as authorized by section
305(c)(1) of the Magnuson Act (16 U.S.C. 1855(c)(1)). Additionally,
Federal shrimping regulations will prevent gear conflicts by
maintaining shrimp/stone crab separation zones in the EEZ.
Classification
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
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. As a result, a regulatory flexibility analysis was not
prepared. Since Florida's regulations on the stone crab fishery are not
substantively different from the Federal regulations that would be
removed, conduct of the fishery would not be significantly affected.
List of Subjects in 50 CFR Part 654
Fisheries, Fishing, Incorporation by reference.
Dated: March 19, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, under the authority of 16
U.S.C. 1801 et seq., part 654 is proposed to be removed.
[FR Doc. 96-7112 Filed 3-22-96; 8:45 am]
BILLING CODE 3510-22-F
