[Federal Register Volume 61, Number 58 (Monday, March 25, 1996)]
[Proposed Rules]
[Pages 12056-12057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7112]



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DEPARTMENT OF COMMERCE
50 CFR Part 654

RIN 0648-AI16
[Docket No. 960314075-6076-02; I.D. 031196C]


Stone Crab Fishery of the Gulf of Mexico; Removal of Regulations

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to withdraw approval of the Fishery Management 
Plan for the Stone Crab Fishery of the Gulf of Mexico (FMP) and remove 
its implementing regulations. The stone crab fishery takes place 
entirely off Florida's coast and State regulations are adequate to 
protect and manage the resource. Accordingly, removal of the Federal 
regulations eliminates duplication of effort, reduces costs of 
enforcement and data collection, and is in accordance with the 
President's Regulatory Reinvention Initiative intended to reform 
Federal regulations.

DATES: Written comments must be received on or before May 9, 1996.

ADDRESSES: Send comments on the proposed rule and requests for copies 
of the Environmental Assessment/Regulatory Impact Review to the 
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. 
Petersburg, FL 33702.

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

SUPPLEMENTARY INFORMATION: The FMP was prepared by the Gulf of Mexico 
Fishery Management Council (Council) and was implemented in 1979 
through regulations at 50 CFR part 654 under the authority of the 
Magnuson Fishery Conservation and Management Act (Magnuson Act).
    The stone crab fishery managed under the FMP is located entirely 
off the coast of Florida. The majority of harvest is from Florida's 
waters (0-9 nautical miles (0-16.7 km) from shore on the Gulf coast and 
0-3 nautical miles (0-5.6 km) from shore on the Atlantic coast), and 
virtually all of the harvest is landed in Florida's ports, principally 
in the southwestern Florida counties of Monroe through Lee. In 1995, 
almost 75 percent of stone crab landings were in these counties and 78 
percent of the entire harvest was from Florida's waters. NMFS believes 
that all vessels in this fishery are registered in Florida. A Florida 
license is required for all commercial landings in Florida. For these 
reasons, lack of Federal management of this fishery is unlikely to have 
any significant effect on the status of the resource or on the conduct 
of the fishery.
    Florida has actively managed the fishery since 1929. The FMP was 
intended to resolve gear conflicts between shrimp fishermen with 
vessels registered in states other than Florida and Florida stone crab 
fishermen. Other FMP objectives include managing the stone crab 
resource for optimum yield, conserving the stocks while attaining full 
utilization, establishing an effective reporting system, and promoting 
uniformity of the regulations throughout the management area. The FMP, 
as amended, adopted Florida's rules for stone crab in the exclusive 
economic zone (EEZ). By adopting Florida's rules, the Council and NMFS 
accommodated Florida's leading role in regulating this fishery.
    Section 303(a)(1) of the Magnuson Act (16 U.S.C. 1853 (a)(1)) 
requires that a fishery management plan contain the measures that are 
``necessary and appropriate for the conservation and management of the 
fishery to prevent overfishing, and to protect, restore, and promote 
the long-term health and stability of the fishery,'' and that are 
``consistent with the national standards.'' NMFS has concluded that 
Florida's regulations are adequate to protect and manage the stone crab 
resource throughout its range. Therefore, NMFS has determined that 
Federal regulations for this fishery are not ``necessary and 
appropriate.'' Furthermore, continuation of Federal regulations would 
not be consistent with the Magnuson Act's National Standard 7 that 
requires that ``conservation and management measures shall, where 
practicable, minimize costs and avoid unnecessary duplication.''
    For the reasons summarized above, and in accordance with the 
President's regulatory reform initiative, NMFS proposes to withdraw 
approval of the FMP and to remove its implementing regulations. If 
approval of the FMP is withdrawn, an advance notice of proposed 
rulemaking (60 FR 37868, July 24, 1995), which announced that the 
Council was considering measures to limit entry into the fishery and 
established a control date if a limited entry program were implemented, 
would no longer be relevant.

[[Page 12057]]

    NMFS recognizes Florida's authority under section 306(a)(3) of the 
Magnuson Act (16 U.S.C. 1856(a)(3)) to regulate vessels registered 
under its laws when such vessels harvest stone crab in the EEZ. If 
fishing practices outside Florida's authority should constitute an 
emergency situation that jeopardizes effective management of the stone 
crab fishery in the EEZ, NMFS would consider issuing emergency 
regulations to address the emergency, as authorized by section 
305(c)(1) of the Magnuson Act (16 U.S.C. 1855(c)(1)). Additionally, 
Federal shrimping regulations will prevent gear conflicts by 
maintaining shrimp/stone crab separation zones in the EEZ.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. As a result, a regulatory flexibility analysis was not 
prepared. Since Florida's regulations on the stone crab fishery are not 
substantively different from the Federal regulations that would be 
removed, conduct of the fishery would not be significantly affected.

List of Subjects in 50 CFR Part 654

    Fisheries, Fishing, Incorporation by reference.

    Dated: March 19, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, under the authority of 16 
U.S.C. 1801 et seq., part 654 is proposed to be removed.
[FR Doc. 96-7112 Filed 3-22-96; 8:45 am]
BILLING CODE 3510-22-F