32312 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

aside this quota for this year. This proposed

rule merely establishes the framework to

annually distribute that quota among the

affected fishers.

As a result, a regulatory flexibility

analysis was not prepared.

List of Subjects in 50 CFR Part 300

Fisheries, Fishing, Reporting and

recordkeeping requirements, Treaties.

Dated: June 11, 2001.

William T. Hogarth,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For reasons set out in the preamble,

50 CFR part 300 is proposed to be

amended as follows:

PART 300—INTERNATIONAL

FISHERIES REGULATIONS

1. The authority citation for 50 CFR

part 300, subpart E continues to read as

follows:

Authority: 16 U.S.C. 773–773k

2. In § 300.63, paragraphs (a) (3) and

(a) (4) are redesignated as (a) (4) and (a)

(5), respectively, and a new paragraph

(a) (3) is added to read as follows:

§ 300.63 Catch sharing plans, local area

management plans, and domestic

management measures.

* * * * *

(a) * * *

(3) A portion of the Area 2A

Washington recreational TAC is

allocated as incidental catch in the

primary directed longline sablefish

fishery north of 46°53′18′′ N. lat., (Pt.

Chehalis, Washington), which is

regulated under 50 CFR 660.323(a)(2).

This fishing opportunity is only

available in years in which the Area 2A

TAC is greater than 900,000 lb (408.2

mt), provided that a minimum of 10,000

lb (4.5 mt) is available above a

Washington recreational TAC of 214,100

lb (97.1 mt). Each year that this harvest

is available, the landing restrictions

necessary to keep this fishery within its

allocation will be recommended by the

Pacific Fishery Management Council at

its spring meetings, and will be

published in the Federal Register.

These restrictions will be designed to

ensure the halibut harvest is incidental

to the sablefish harvest and will be

based on the amounts of halibut and

sablefish available to this fishery. The

restrictions may include catch or

landing ratios, landing limits, or other

means to control the rate of halibut

landings.

(i) In years when this incidental

harvest of halibut in the directed

sablefish fishery north of 46°53′18′′ N.

lat. is allowed, it is allowed only for

vessels using longline gear that are

registered under groundfish limited

entry permits with sablefish

endorsements and that possess the

appropriate incidental halibut harvest

license issued by the Commission.

(ii) It is unlawful for any person to

possess or land halibut south of

46°53′18′′ N. lat. that were taken and

retained north of 46°53′18′′ N. lat. as

incidental catch in the directed

sablefish fishery authorized by this

section.

* * * * *

[FR Doc. 01–15065 Filed 6–13–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 010601143–1143–01; I.D.

050201B]

RIN 0648–AO62

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Reef Fish

Fishery of the Gulf of Mexico; Coastal

Migratory Pelagic Resources of the

Gulf of Mexico and South Atlantic

States; Recreational-for-hire Fisheries

in the Gulf; Control Date

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Advance notice of proposed

rulemaking; establishment of a revised

control date.

SUMMARY: This document announces

that the Gulf of Mexico Fishery

Management Council (Council) has

adopted an amendment to the Fishery

Management Plan for the Reef Fish

Resources of the Gulf of Mexico (Reef

Fish FMP) and to the Fishery

Management Plan for Coastal Migratory

Pelagic Resources of the Gulf of Mexico

and South Atlantic (Coastal Migratory

Pelagics FMP) that would, if approved

and implemented by NMFS, establish a

moratorium on the issuance of

additional charter vessel and headboat

(recreational-for-hire) permits for these

fisheries in the exclusive economic zone

(EEZ) of the Gulf of Mexico. The

Council has not yet submitted the final

amendment or its proposed

implementing regulations to NMFS for

approval and implementation. The

Council has established March 29, 2001,

as a revised control date for determining

eligibility for charter vessel/headboat

permits under the permit moratorium

contained in the amendment. Therefore,

consistent with the Council’s intent, this

notice announces March 29, 2001, as the

revised control date for these

recreational-for-hire fisheries in the Gulf

of Mexico EEZ, thereby superseding the

Council’s prior control date of

November 18, 1998. This control date is

intended to discourage new entry into

these recreational-for-hire fisheries prior

to review by NMFS of the amendment

and its regulatory implementation.

DATES: Comments on the revised control

date must be submitted no later than 5

p.m., eastern daylight savings time, July

16, 2001.

ADDRESSES: Comments on the revised

control date should be directed to the

Gulf of Mexico Fishery Management

Council, 3018 U.S. Highway 301 North,

Suite 1000, Tampa, FL 33619–2266;

telephone: 813–228–2815; fax: 813–

225–7015.

FOR FURTHER INFORMATION CONTACT: Phil

Steele, Southeast Region, NMFS,

telephone: 727–570–5305; fax: 727–

570–5583; e-mail: Phil.Steele@noaa.gov.

SUPPLEMENTARY INFORMATION: The

recreational-for-hire fisheries for reef

fish and coastal migratory pelagic fish in

the EEZ of the Gulf of Mexico are

managed under the Reef Fish FMP and

the Coastal Migratory Pelagic Resources

of the Gulf and South Atlantic (Coastal

Migratory Pelagics FMP)), respectively.

The Reef Fish FMP was prepared by the

Council; the Coastal Migratory Pelagics

FMP was prepared jointly by the

Council and the South Atlantic Fishery

Management Council (South Atlantic

Council). Both FMPs were approved by

NMFS and implemented under the

authority of the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Steven Act) by

regulations at 50 CFR part 622. The

FMPs regulate these two recreationalfor-hire fisheries and require permits for

charter and headboat vessels

participating in them. Landings of these

vessels are regulated through fish bag,

possession, and size limits. There also is

an annual recreational quota for red

snapper under the Reef Fish FMP.

The recreational sector of both the red

snapper and king mackerel fisheries,

including recreational-for-hire vessels,

has frequently exceeded the annual

allocation set for that sector when total

allowable catch (TAC) for the whole

fishery (recreational and commercial

catch) is established annually. To

prevent the recreational sector of these

fisheries from exceeding its annual

allocation, the Council must either

reduce the bag limit or take some other

action to reduce the fishing effort and/

or landings (e.g., seasonal closures and/

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules 32313

or increased fish size limits). Reduction

of the bag limit is the most effective way

to control annual landings, but such

reductions could have adverse

economic impacts on the recreationalfor-hire vessels. Reductions in the bag

limit could cause some of the clientele

of these vessels to cease fishing and pay

for fishing trips. The Council is,

therefore, addressing the need for effort

limitation for recreational-for-hire

vessels for these fisheries in the Gulf of

Mexico EEZ through an alternative

approach.

On March 29, 2001, the Council

adopted an amendment to the Reef Fish

FMP and the Coastal Migratory Pelagics

FMP that would, if approved and

implemented by NMFS, establish a

moratorium on the issuance of charter

vessel/headboat permits for the reef fish

and coastal migratory pelagic fisheries

in the Gulf EEZ. Under the permit

moratorium contained in the

amendment, eligibility for participation

in these for-hire fisheries would be

based upon the following: (1) Obtaining

or applying for a charter vessel or

headboat permit prior to March 29,

2001; (2) demonstrating that a charter/

headboat vessel was under construction

prior to March 29, 2001; or (3)

demonstrating compliance with the

criteria for ‘‘historical captain’’ that are

based, in part, on the March 29, 2001,

control date.

Once the Council and the South

Atlantic Council submit the amendment

to NMFS for Secretarial review under

procedures of the Magnuson-Stevens

Act, NMFS will publish a notice of

availability of the amendment and

proposed implementing regulations for

public review and comment. After

considering the public comment, if

NMFS approves the amendment, it

would implement the amendment

through final regulations. During this

process, some fishermen who do not

currently participate in the subject

recreational-for-hire fisheries, and have

never done so, may decide to enter these

fisheries for the sole purpose of

establishing a record of landings. 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

existing fishery problems in the red

snapper and king mackerel fisheries,

such as overcapitalization or

overfishing, would likely be exacerbated

by the entry of new participants.

In an effort to avoid this problem and

to discourage capital investment in

these fisheries by such new entrants

who would not qualify for a permit

under the proposed moratorium, the

Council has established March 29, 2001,

as the control date. After that date,

anyone entering these recreational-forhire fisheries would not be eligible for

a charter vessel or headboat permit

under the proposed permit moratorium,

assuming it is approved and

implemented.

The Council previously established a

control date of October 16, 1995 (60 FR

53576, October 16, 1995), for the

recreational-for-hire fishery for Gulf

king mackerel. That control date was

subsequently superseded by a

November 18, 1998, control date for the

recreational-for-hire fisheries for reef

fish and coastal migratory pelagic

species, including Gulf king mackerel,

in the Gulf EEZ (63 FR 64031,

November 18, 1998). It is the Council’s

intent that the November 18, 1998,

control date be superseded by the March

29, 2001, control date announced by

this notice. The Council selected this

revised control date because it

established eligibility criteria for

participation under its proposed

moratorium on issuance of charter

vessel/headboat permits for the Gulf

EEZ that are related, in one manner or

another, to participation in these

fisheries prior to March 29, 2001. The

Council took this action after deciding

that use of the previous November 18,

1998, control date would not accurately

cap fishing effort in the for-hire sectors

of these fisheries at their actual current

level.

A control date does not commit the

Council or NMFS to any particular

management regime or criteria for future

entry into the recreational-for-hire

fisheries. Fishermen are not guaranteed

future participation in these fisheries

regardless of their entry date or intensity

of participation in the fisheries before or

after the control date. The Council

subsequently may 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

fisheries before and after the control

date. Other qualifying criteria, such as

documentation of 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

fisheries.

This advanced notice of proposed

rulemaking has been determined to be

not significant for purposes of Executive

Order 12866.

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

Dated: June 11, 2001.

William T. Hogarth,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 01–15066 Filed 6–13–01; 8:45 am]

BILLING CODE 3510–22–S