[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Proposed Rules]
[Pages 17770-17771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8623]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Chapter VI

[Docket No. 950316075-5075-01; I.D. 022895C]
RIN 0648-AH86


Golden Crab Fishery off the Southern Atlantic States; Control 
Date

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

ACTION: Advance notice of proposed rulemaking; consideration of a 
control date.

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SUMMARY: This notice announces that the South Atlantic Fishery 
Management Council (Council) is considering whether there is a need to 
impose management measures in the golden crab fishery in the exclusive 
economic zone (EEZ) off the southern Atlantic states, and if there is a 
need, what management measures should be imposed. If it is determined 
that there is a need to impose management measures, the Council may 
initiate a rulemaking to do so. Possible measures include the 
establishment of a limited entry program to control participation or 
effort in the fishery. If a limited entry program is established, the 
Council is considering April 7, 1995, as a possible control date. 
Consideration of a control date is intended to discourage new entry 
into the fishery based on economic speculation during the Council's 
deliberation on the issues.

DATES: Comments must be submitted by May 8, 1995.

ADDRESSES: Comments should be directed to the South Atlantic Fishery 
Management Council, Southpark Building, Suite 306, 1 Southpark Circle, 
Charleston, SC 29407-4699.

FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-570-5305.

SUPPLEMENTARY INFORMATION: The golden crab fishery is not currently 
managed under a fishery management plan (FMP) prepared under the 
authority of the Magnuson Fishery Conservation and Management Act. 
However, there is a small scale trap fishery for golden crabs (Chaceon 
fenneri) in the EEZ off the southern Atlantic states. The fishery is 
prosecuted primarily in depths of 110 to 220 fathoms (approximately 200 
to 400 m) on sand, mud, and clay bottoms. The fishery has operated 
sporadically off North and South Carolina and off the east coast of 
Florida. The fishery is currently operating 8 to 10 miles (15 to 19 km) 
off Miami, FL. Information on the fishery is limited--the number of 
fishermen, number of traps, and current production are unknown.
    In February 1995, the Council held a scoping meeting to solicit 
input from the industry and public on the need for management of the 
golden crab fishery. Based on the results of the meeting, the Council 
began development of management options for the fishery. The range of 
options the Council will consider include data collection, area 
restrictions, seasons, size limits, trap escape panel requirements, 
prohibition on harvest of females, and limited entry or access. 
Implementation of any management measures for the fishery would require 
preparation by the Council of a new FMP or amendment to an existing FMP 
to include golden crab. The Council will discuss these issues at its 
April 10-14, 1995, meeting in Savannah, GA. In either event, 
publication of a proposed rule with a public comment period, NMFS' 
approval of the FMP or amendment, and publication of a final rule would 
be required.
    As the Council considers management options, including limited 
entry or access-controlled management regimes, some fishermen who do 
not currently harvest golden crab, and have never done so, may decide 
to enter the fishery for the sole purpose of establishing a record of 
making commercial landings of golden crab. When management authorities 
begin to consider use of a limited access management regime, 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 original fishery problems, such as 
overcapitalization or overfishing, may be exacerbated by the entry of 
new participants. If management measures to limit participation or 
effort in the fishery are determined to be necessary, the Council is 
considering April 7, 1995 as the control date. After that date, anyone 
entering the fishery may not be assured of future participation in the 
fishery if a management regime is developed and implemented that limits 
the number of participants in the fishery.
    Consideration of a control date does not commit the Council or NMFS 
to any particular management regime or criteria for entry into the 
golden crab fishery. Fishermen are not guaranteed future participation 
in the golden crab fishery regardless of their date of entry or 
intensity of participation in the fishery before or after the control 
date [[Page 17771]] under consideration. The Council may subsequently 
choose a different control date, or it 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 in the fishery before and 
after the control date. Other qualifying criteria, such as 
documentation of commercial landings and sales, may be applied for 
entry. The Council may choose also to take no further action to control 
entry or access to the fishery, in which case the control date may be 
rescinded.

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

    Dated: April 3, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-8623 Filed 4-6-95; 8:45 am]
BILLING CODE 3510-22-F