[Federal Register Volume 63, Number 78 (Thursday, April 23, 1998)]
[Proposed Rules]
[Pages 20162-20163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10871]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 654

[I.D.041698G]
RIN 0648-AK48


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Stone Crab Fishery of the Gulf of Mexico; Amendment 6

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability of an amendment to a fishery management 
plan; request for comments.

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SUMMARY: NMFS announces that the Gulf of Mexico Fishery Management 
Council (Council) has submitted Amendment 6 to the Fishery Management 
Plan for the Stone Crab Fishery of the Gulf of Mexico (FMP) for review, 
approval, and implementation by NMFS. Amendment 6 would extend, for up 
to 4 years, the existing temporary moratorium on the Federal 
registration of stone crab vessels. Written comments are requested from 
the public.

DATES: Written comments must be received on or before June 22, 1998.

ADDRESSES: Comments must be mailed 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 Magnuson-Stevens Fishery

[[Page 20163]]

Conservation and Management Act (Magnuson-Stevens Act) requires each 
Regional Fishery Management Council to submit any fishery management 
plan or amendment to NMFS for review and approval, disapproval, or 
partial approval. The Magnuson-Stevens Act also requires that NMFS, 
upon receiving an amendment, immediately publish a document in the 
Federal Register stating that the amendment is available for public 
review and comment.
    Amendment 6 would continue, for up to 4 years, the FMP's temporary 
moratorium on the Federal registration of stone crab vessels by the 
Regional Administrator, Southeast Region, NMFS. This Federal moratorium 
would end no later than June 30, 2002.
    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 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., up to 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, FMFC 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.
    A proposed rule to implement Amendment 6 has been received from the 
Council. In accordance with the Magnuson-Stevens Act, NMFS is 
evaluating the proposed rule to determine whether it is consistent with 
Amendment 6, the Magnuson-Stevens Act, and other applicable law. If 
that determination is affirmative, NMFS will publish it in the Federal 
Register for public review and comment.
    Comments received by June 22, 1998, whether specifically directed 
to the amendment 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 by NMFS on Amendment 6 or on the 
proposed rule during their respective comment periods will be addressed 
in the final rule.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: April 17, 1998.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-10871 Filed 4-22-98; 8:45 am]
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