[Federal Register Volume 63, Number 93 (Thursday, May 14, 1998)]
[Proposed Rules]
[Pages 26765-26766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12843]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 654
[Docket No. 980501114-8114-01; 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: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this proposed rule to implement Amendment 6 to the
Fishery Management Plan for the Stone Crab Fishery of the Gulf of
Mexico (FMP). Amendment 6 would extend, for up to 4 years, the existing
temporary moratorium on the Federal registration of stone crab vessels.
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: Written comments will be considered if received on or before
June 29, 1998.
ADDRESSES: Send comments on the proposed rule to the Southeast Regional
Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702.
Requests for copies of Amendment 6, which includes a regulatory impact
review and an environmental assessment, should be sent to the Gulf of
Mexico Fishery Management Council, 3018 U.S. Highway 301 North, Suite
1000, Tampa, FL 33619-2266; Phone: 813-228-2815; Fax: 813-225-7015.
FOR FURTHER INFORMATION CONTACT: Michael E. Justen, 813-570-5305.
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.
Background
Final regulations implemented the FMP on September 30, 1979 (44 FR
53519), and apply only to the exclusive economic zone (EEZ) off
Florida's west coast (including Monroe County), the primary location of
the directed stone crab fishery.
The original FMP required vessels to be registered by the
appropriate state or Federal agency and assigned an identification
number and color code for the vessel and gear. Federal regulations
allowed fishermen to obtain a Federal identification number and color
code from the NMFS Southeast Regional Office, if the applicant could
not obtain an identification number and color code from Florida.
However, the NMFS Southeast Regional Office has never issued an
identification number and color code to anyone to participate in the
stone crab fishery because fishermen could obtain them from Florida.
Amendment 5, implemented on April 14, 1995 (60 FR 13918), placed a
3-year moratorium (April 15, 1995 - June 30, 1998) on the Federal
registration of stone crab vessels. The Council recommended, and NMFS
approved and implemented, the Federal moratorium because the Florida
Legislature passed a moratorium on the issuance of state permits,
effective July 1, 1995, while the Florida Marine Fisheries Commission
(FMFC), in cooperation with the stone crab industry, considered
development
[[Page 26766]]
of a limited access system. Without the Federal moratorium, fishermen
could have circumvented the state moratorium.
The Council recommended Amendment 6 to extend the Federal
moratorium on vessel registration for up to 4 years (i.e., through June
30, 2002) because it is concerned that legislative action by Florida to
create a limited access system may be delayed beyond June 30, 1998.
If the Federal moratorium expires on June 30, 1998, anyone could
apply to NMFS for vessel registration. Substantial entry into the stone
crab fishery would adversely affect current participants in the fishery
by reducing their respective shares of the harvest. The fishery is
already overcapitalized both in gear deployed, with approximately
798,000 traps deployed in 1995-96, and in the number of permitted
vessels. As of July 1, 1995, there were 6,501 commercial permits
issued. Only 1,556 permit holders, however, had stone crab landings,
and 70 percent of them, or 1,102 permittees, had annual landings of 500
lb (225 kg) or less. Landings have not increased significantly since
1982-83, when approximately 350,000 traps were deployed. Catch-per-
unit-of-effort has declined significantly since then.
In cooperation with the stone crab industry, the FMFC has proposed
to the Florida Legislature a limited access program that contains
provisions for a license limitation system that would exclude permit
holders with no record of landings during recent years. The Florida
Legislature is expected to pass this limited access program in 1999
with the state law to become effective July 1, 1999. The Council will
then submit a regulatory amendment to extend the license limitation
program to Federal waters off Florida's Gulf coast, including Monroe
County.
Management Measures in Amendment 6
Amendment 6 would continue, for up to 4 years, the FMP's temporary
moratorium on the Federal registration of stone crab vessels. This
Federal moratorium would end no later than June 30, 2002.
Control Date
At the Council's request, NMFS published a control date of July 24,
1995, for the commercial fishery (60 FR 37868, July 24, 1995). That
action notified fishermen entering the commercial stone crab fishery
that after that date they may not be allowed to participate in the
fishery if that date is used in a limited access program to limit
entry.
Availability of and Comments on Amendment 6
Additional background and rationale for the measures discussed
above are contained in Amendment 6, the availability of which was
announced in the Federal Register on April 23, 1998 (63 FR 20163).
Written comments on Amendment 6 must be received on or before June 22,
1998. Comments that are received by NMFS on or before June 22, 1998,
whether specifically directed to Amendment 6 or the proposed rule, will
be considered by NMFS in its decision to approve, disapprove, or
partially approve Amendment 6. Comments received after that date will
not be considered by NMFS in this decision. All comments received on
Amendment 6 or on this proposed rule during their respective comment
periods will be addressed in the preamble to the final rule.
Classification
At this time, NMFS has not made a final determination that the
provisions of Amendment 6 are consistent with the national standards,
other provisions of the Magnuson-Stevens Act, and other applicable
laws. In making that final determination, NMFS will take into account
the data, views, and comments received during the comment period.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Council for Legislation and Regulation of the
Department of Commerce, based on the Council's Regulatory Impact Review
(RIR) that assesses the economic impact of maangement measures proposed
in this rule on fishery participants, 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 follows:
The regulations are not likely to change annual gross revenues
by more than 5 percent. Instead, the Federal moratorium would simply
maintain current rules, and vessels would not be subjected to a
regulatory-induced reduction in gross revenue.
Annual compliance costs are not likely to increase total costs
of production for small entities by more than 5 percent. It has been
estimated that there would be no additional costs associated with
compliance with the provisions of this amendment, as no additional
permits, gear modifications, or other changes are required.
Compliance costs as a percent of sales for small entities are
not likely to be at least 10 percent higher than compliance costs as
a percent of sales for large entities. All the firms expected to be
impacted by the rule are small entities and hence there is no
differential impact.
Capital costs of compliance are not likely to represent a
significant portion of capital available to small entities,
considering internal cash flow and external financing capabilities.
Significant effects of this type are not expected to occur from any
of the alternatives that would extend the moratorium.
The requirements of the regulations are not likely to force a
number of the small entities to cease operations. The action to
extend the moratorium would not force any vessels out of the
fishery.
As a result, a regulatory flexibility analysis was not prepared. A
copy of the RIR is available from the Council (see ADDRESSES).
List of Subjects in 50 CFR Part 654
Fisheries, Fishing.
Dated: May 8, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 654 is
proposed to be 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 Florida. (See
Sec. 654.6(a).)
[FR Doc. 98-12843 Filed 5-13-98; 8:45 am]
BILLING CODE 3510-22-F
