[Federal Register Volume 60, Number 141 (Monday, July 24, 1995)]
[Proposed Rules]
[Pages 37868-37869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18074]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 654

[Docket No. 950710177-5177-01; I.D. 060295A]
RIN 0648-AI07


Stone Crab Fishery of the Gulf of Mexico; 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 document announces that the Gulf of Mexico Fishery 
Management Council (Council) is considering whether there is a need to 
impose additional management measures limiting entry in the stone crab 
fishery in the exclusive economic zone (EEZ) in the Gulf of Mexico off 
Florida, and if there is a need, what management measures should be 
imposed. If it is determined that there is a need to impose additional 
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 July 24, 1995, as a 
possible control date. Consideration of a control date is intended to 
discourage new entry into the fishery based upon economic speculation 
during the Council's deliberation on the issues.

DATES: Comments must be submitted by August 23, 1995.
    Comments should be directed to the Gulf of Mexico Fishery

ADDRESSES: Management Council, 5401 West Kennedy Boulevard, Suite 331, 
Tampa, FL 33609.

FOR FURTHER INFORMATION CONTACT: Georgia Cranmore, 813-570-5305.

SUPPLEMENTARY INFORMATION: The stone crab fishery is managed under the 
Fishery Management Plan for the Stone Crab Fishery of the Gulf of 
Mexico (FMP) that was developed by the Council, approved by NMFS, and 
implemented through final regulations 

[[Page 37869]]
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 the waters managed by Florida.
    The fishery has more participants and stone crab traps than are 
necessary to harvest the optimum yield from the fishery. The number of 
commercial vessels has increased by 261 percent and the number of traps 
by 257 percent since the 1977-78 season. Currently, there are more than 
700,000 traps deployed in the stone crab fishery, primarily in Florida 
waters. The Council has concluded that an increasingly significant 
portion of the landings are now coming from the EEZ, especially off the 
Florida Keys. Additional fishing effort would lead to harvesting 
inefficiencies, more management constraints, and increased conservation 
risks.
    The Council's industry advisory panel requested the development of 
limited access alternatives. A control date of January 15, 1986, was 
previously established by the Council (51 FR 5714, January 15, 1986), 
but efforts to develop limited access alternatives for industry review 
were delayed. During 1995, the Florida Legislature passed a bill 
placing a moratorium, effective July 1, 1995, on the issuance of 
additional permits to participate in the stone crab fishery in State 
waters while industry formulates the provisions of an effort limitation 
program.
    In order to have an effort limitation program approved and 
implemented for the fishery in the EEZ, the Council will be required to 
prepare an FMP amendment. Publication of a proposed rule with a public 
comment period, NMFS' approval of the amendment, and issuance of a 
final rule would also be required.
    As the Council considers management options, including limited 
entry or access-controlled management regimes, some fishermen who do 
not currently harvest stone crab, and have never done so, may decide to 
enter the fishery for the sole purpose of establishing a record of 
commercial landings of stone 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. 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 July 
24, 1995, as the control date. After that date, anyone entering the 
fishery may not be assured of future participation if a management 
regime is developed and implemented limiting the number of fishery 
participants.
    Consideration of a control date does not commit the Council or NMFS 
to any particular management regime or criteria for entry into the 
stone crab fishery. Fishermen are not guaranteed future participation 
in the stone crab fishery regardless of their date of entry or 
intensity of participation in the fishery before or after the control 
date 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 
also may choose 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: July 18, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-18074 Filed 7-21-95; 8:45 am]
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