[Federal Register Volume 59, Number 126 (Friday, July 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16067]


[[Page Unknown]]

[Federal Register: July 1, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 654

[Docket No. 940686-4186; I.D. 062094B]

 

Stone Crab Fishery of the Gulf of Mexico

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

ACTION: Notice of a proposed moratorium.

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SUMMARY: NMFS announces that the Gulf of Mexico Fishery Management 
Council has proposed, as part of Amendment 5 to the Fishery Management 
Plan for the Stone Crab Fishery of the Gulf of Mexico (FMP), a 4-year 
moratorium on the issuance of Federal numbers and color codes for use 
in the Gulf of Mexico stone crab fishery. If approved, the moratorium 
will be effective July 1, 1994. This document is intended to discourage 
entry into the fishery based on economic speculation while the 
Secretary of Commerce (Secretary) considers whether to approve, 
disapprove, or partially disapprove Amendment 5.

FOR FURTHER INFORMATION CONTACT: Georgia Cranmore, 813-893-3722.

SUPPLEMENTARY INFORMATION: The stone crab fishery in the exclusive 
economic zone (EEZ) of the Gulf of Mexico is managed under the FMP. The 
FMP was prepared by the Gulf of Mexico Fishery Management Council 
(Council) and is implemented through regulations at 50 CFR part 654 
under the authority of the Magnuson Fishery Conservation and Management 
Act. The management measures applicable to the EEZ portion of the 
fishery generally conform to the management measures applicable to 
waters managed by Florida.
    The Council was requested by its industry advisory panel in 1985 to 
identify alternative limited access systems for the stone crab fishery 
for review and comment by the industry. In anticipation of developing a 
limited access system for the stone crab fishery in the EEZ, the 
Council established a control date of January 15, 1986, as a possible 
basis for determining who may participate in the fishery (51 FR 5714; 
February 18, 1986). Subsequently, Council efforts to develop limited 
access system alternatives for industry review and comment were 
delayed. Since 1992, members of the industry have initiated new 
discussions regarding the need for a limited access system for this 
fishery and have requested legislation by Florida to establish a 
moratorium on new entrants in the fishery in state waters.
    The fishery currently has more participants and stone crab traps 
than are necessary to harvest the optimum yield (OY) from the fishery. 
The number of commercial vessels has increased by 261 percent and 
number of traps by 257 percent since the 1977-78 season. Currently, 
there are more than 690,000 traps deployed in the fishery. Through the 
mid-1980's, the fishery was characterized as an expanding fishery with 
yield (landings) increasing in a direct linear fashion with effort 
(number of traps). Thereafter, the yield to effort ratio has 
fluctuated.
    Since the current fishing fleet is capable of harvesting the entire 
stone crab OY, additional fishing effort would lead to harvesting 
inefficiencies, more management constraints, and increased conservation 
risks. Accordingly, Florida has proposed a moratorium on additional 
permits to participate in the fishery in state waters while the 
industry formulates an effort limitation program. The Council and 
industry are developing additional controls on fishing effort in the 
EEZ. Such controls may include limited access to the stone crab 
resource. Amendment 5 to the FMP, currently being prepared for 
submission to the Secretary, proposes a 4-year moratorium on the 
issuance of Federal numbers and color codes, commencing July 1, 1994, 
as a complement to Florida's proposed action, while additional long 
term controls are considered. This document advises current or 
prospective participants in the stone crab fishery of the proposed 
effective date of the 4-year moratorium in the event that the Secretary 
approves that part of Amendment 5 regarding the 4-year moratorium.
    The regulations at 50 CFR 654.4(c) provide that a person who cannot 
obtain a Florida stone crab permit may obtain from the Director, 
Southeast Region, NMFS (Regional Director), a Federal number and color 
code for use in marking his or her gear and vessel when fishing for 
stone crabs in the EEZ. The Regional Director has not issued a single 
number/color code under this provision, i.e., all numbers and color 
codes used in the stone crab fishery in both the EEZ and Florida's 
waters have been obtained from Florida. If Amendment 5 is approved by 
the Secretary and implemented through final regulations, the Regional 
Director would no longer be authorized to issue Federal numbers and 
color codes, and any such numbers or codes issued between July 1, 1994, 
and the effective date of the regulations would no longer be valid.

Classification

    This proposed rule is not subject to review under E.O. 12866.

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

    Dated: June 27, 1994.
Henry R. Beasly,
Acting Program Management Officer, National Marine Fisheries Service.
[FR Doc. 94-16067 Filed 6-28-94; 2:34 pm]
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