[Federal Register Volume 63, Number 161 (Thursday, August 20, 1998)]
[Rules and Regulations]
[Page 44595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22431]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 654
[Docket No. 980501114-8213-02; I.D. 041698G]
RIN 0648-AK48
Stone Crab Fishery of the Gulf of Mexico; Amendment 6
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement Amendment 6 to the
Fishery Management Plan for the Stone Crab Fishery of the Gulf of
Mexico (FMP). Amendment 6 and this rule will reinstate for up to 4
years (through June 30, 2002) the previously existing temporary
moratorium on the Federal registration of stone crab vessels that
expired on June 30, 1998. The intended effect is to provide additional
time for the industry and Florida to develop and implement a limited
access system for the fishery.
DATES: This rule is effective August 20, 1998.
FOR FURTHER INFORMATION CONTACT: Michael E. Justen, 727-570-5305.
SUPPLEMENTARY INFORMATION: The FMP was prepared by the Gulf of Mexico
Fishery Management Council (Council) and is implemented under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 654.
On April 23, 1998, NMFS announced the availability of Amendment 6
and requested comments on the amendment (63 FR 20162). On May 14, 1998,
NMFS published a proposed rule to implement Amendment 6 and requested
comments on the rule (63 FR 26765). The background and rationale for
the measures in the amendment and proposed rule are contained in the
preamble to the proposed rule and are not repeated here. On July 22,
1998, after considering the comments received on the amendment and the
proposed rule, NMFS approved Amendment 6.
Comments and Responses
Two public comments were received on Amendment 6 and/or the
proposed rule. The U.S. Fish and Wildlife Service submitted comments
supporting Amendment 6. Comments from the U.S. Coast Guard concluded
that there were no vessel safety or enforcement concerns. NMFS concurs
with these comments. The proposed rule has been adopted as final
without change.
Classification
The Administrator, Southeast Region, NMFS, with the concurrence of
the Assistant Administrator for Fisheries, NOAA (AA), determined that
Amendment 6 is necessary for the conservation and management of the
stone crab fishery of the Gulf of Mexico and that Amendment 6 is
consistent with the Magnuson-Stevens Act and other applicable law.
This final 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, based on the Council's Regulatory Impact Review
that assesses the economic impacts of management measures in this rule
on fishery participants, certified to the Chief Counsel for Advocacy of
the Small Business Administration that this rule would not have a
significant economic impact on a substantial number of small entities.
No comments were received regarding this certification. As a result, a
regulatory flexibility analysis was not prepared.
Because this rule merely reinitiates a moratorium that was in place
until June 30, 1998, and does not require any participants in the
fishery to take action to come into compliance, the AA finds for good
cause under 5 U.S.C. 553(d)(3) that delaying the effective date of this
rule for 30 days is unnecessary. Accordingly, the AA reinitiates the
moratorium effective upon the date of publication in the Federal
Register.
List of Subjects in 50 CFR Part 654
Fisheries, Fishing.
Dated: August 14, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 654 is amended
as follows:
PART 654--STONE CRAB FISHERY OF THE GULF OF MEXICO
1. The authority citation for part 654 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 654.3, paragraph (d) is revised to read as follows.
Sec. 654.3 Relation to other laws.
* * * * *
(d) Under Amendment 6 to the Fishery Management Plan for the Stone
Crab Fishery of the Gulf of Mexico, there is a temporary moratorium on
the issuance by the Regional Director of Federal identification numbers
and color codes for vessels and gear in the stone crab fishery in the
management area. The moratorium will end not later than June 30, 2002.
During the moratorium, fishermen must obtain identification numbers and
color codes for these vessels and gear from the State of Florida. (See
Sec. 654.6(a).)
[FR Doc. 98-22431 Filed 8-19-98; 8:45 am]
BILLING CODE 3510-22-F
