[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Proposed Rules]
[Pages 19732-19733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10539]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 970415091-7091-01; I.D. 033197D]
RIN 0648-AJ88
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper Grouper Fishery Off the Southern Atlantic States; Black Sea
Bass Pot Fishery; Control Date
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking; consideration of a
control date.
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SUMMARY: This notice announces that the South Atlantic Fishery
Management Council (Council) is considering whether there is a need to
impose additional management measures limiting entry into the
commercial pot fishery for black sea bass in the exclusive economic
zone (EEZ) off the southern Atlantic states, and, if there is a need,
what management measures should be imposed. If the Council determines
that there is a need to impose additional management measures, it may
initiate a rulemaking to do so. Possible measures include the
establishment of a limited entry program to control participation or
effort in the commercial pot fishery for black sea bass. If a limited
entry program is established, the Council is considering [insert date
of publication in the Federal Register], as a possible control date.
Consideration of a control date is intended to discourage new entry
into the fishery based on economic speculation during the Council's
deliberation on the issues.
DATES: Comments must be submitted by May 23, 1997.
ADDRESSES: Comments should be directed to the South Atlantic Fishery
Management Council, One Southpark Circle, Suite 306, Charleston, SC
29407-4699; Fax: 803-769-4520.
FOR FURTHER INFORMATION CONTACT: Peter Eldridge, 813-570-5305.
SUPPLEMENTARY INFORMATION: The black sea bass fishery in the EEZ off
the southern Atlantic states is managed under the Fishery Management
Plan for the Snapper-Grouper Fishery of the South Atlantic Region
(FMP). The FMP was prepared by the Council and is implemented through
regulations at 50
[[Page 19733]]
CFR part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act. The FMP covers black sea bass off the
southern Atlantic states south of 35 deg.15.3' N. lat. (due east of
Cape Hatteras Light, NC). Pots may not be used south of 28 deg.35.1' N.
lat. (due east of the NASA Vehicle Assembly Building, Cape Canaveral,
FL). Current regulations on black sea bass pots (1) require a permit
for their use, (2) require vessel and gear identification, (3) prohibit
their use in special management zones and the Oculina Bank habitat area
of particular concern, and (4) specify construction requirements.
The black sea bass fishery is prosecuted mainly in the EEZ off
North and South Carolina. Although most black sea bass are caught by
pots, some are taken by hook and line. Action to control entry into the
hook-and-line fishery for black sea bass is not contemplated at this
time.
Implementation of an effort limitation program for the black sea
bass pot fishery in the EEZ would require preparation of an amendment
to the FMP by the Council and publication of a proposed implementing
rule with a public comment period. NMFS' approval of the amendment and
issuance of a final rule would also be required.
As the Council considers management options, including limited
entry or access-controlled regimes, some fishermen who do not currently
harvest black sea bass by pots, and have never done so, may decide to
enter the fishery for the sole purpose of establishing a record of
commercial landings. When management authorities begin to consider use
of a limited access management regime, this kind of speculative entry
often is responsible for a rapid increase in fishing effort in
fisheries that are already fully developed or overdeveloped. The
original fishery problems, such as overcapitalization or overfishing,
may be exacerbated by the entry of new participants.
In order to avoid this problem, if management measures to limit
participation or effort in the fishery are determined to be necessary,
the Councils are considering [insert date of publication in the Federal
Register], as the control date. After that date, anyone entering the
commercial black sea bass pot fishery may not be assured of future
participation in the fishery if a management regime is developed and
implemented limiting the number of fishery participants.
Consideration of a control date does not commit the Council or NMFS
to any particular management regime or criteria for entry into the
black sea bass pot fishery. Fishermen are not guaranteed future
participation in this fishery, regardless of their entry date or
intensity of participation in the fishery before or after the control
date under consideration. The Council may subsequently choose a
different control date or they may choose a management regime that does
not make use of such a date. The Council may choose to give variably
weighted consideration to fishermen active in the fishery before and
after the control date. Other qualifying criteria, such as
documentation of commercial landings and sales, may be applied for
entry. The Council also may choose to take no further action to control
entry or access to the fishery, in which case the control date may be
rescinded.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 17, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 97-10539 Filed 4-22-97; 8:45 am]
BILLING CODE 3510-22-F
