[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Proposed Rules]
[Pages 19732-19733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10539]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 970415091-7091-01; I.D. 033197D]
RIN 0648-AJ88


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper Grouper Fishery Off the Southern Atlantic States; Black Sea 
Bass Pot Fishery; 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 additional management measures limiting entry into the 
commercial pot fishery for black sea bass in the exclusive economic 
zone (EEZ) off the southern Atlantic states, and, if there is a need, 
what management measures should be imposed. If the Council determines 
that there is a need to impose additional management measures, it may 
initiate a rulemaking to do so. Possible measures include the 
establishment of a limited entry program to control participation or 
effort in the commercial pot fishery for black sea bass. If a limited 
entry program is established, the Council is considering [insert date 
of publication in the Federal Register], 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 23, 1997.

ADDRESSES: Comments should be directed to the South Atlantic Fishery 
Management Council, One Southpark Circle, Suite 306, Charleston, SC 
29407-4699; Fax: 803-769-4520.

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

SUPPLEMENTARY INFORMATION: The black sea bass fishery in the EEZ off 
the southern Atlantic states is managed under the Fishery Management 
Plan for the Snapper-Grouper Fishery of the South Atlantic Region 
(FMP). The FMP was prepared by the Council and is implemented through 
regulations at 50

[[Page 19733]]

CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act. The FMP covers black sea bass off the 
southern Atlantic states south of 35 deg.15.3' N. lat. (due east of 
Cape Hatteras Light, NC). Pots may not be used south of 28 deg.35.1' N. 
lat. (due east of the NASA Vehicle Assembly Building, Cape Canaveral, 
FL). Current regulations on black sea bass pots (1) require a permit 
for their use, (2) require vessel and gear identification, (3) prohibit 
their use in special management zones and the Oculina Bank habitat area 
of particular concern, and (4) specify construction requirements.
    The black sea bass fishery is prosecuted mainly in the EEZ off 
North and South Carolina. Although most black sea bass are caught by 
pots, some are taken by hook and line. Action to control entry into the 
hook-and-line fishery for black sea bass is not contemplated at this 
time.
    Implementation of an effort limitation program for the black sea 
bass pot fishery in the EEZ would require preparation of an amendment 
to the FMP by the Council and publication of a proposed implementing 
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 regimes, some fishermen who do not currently 
harvest black sea bass by pots, and have never done so, may decide to 
enter the fishery for the sole purpose of establishing a record of 
commercial landings. 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.
    In order to avoid this problem, if management measures to limit 
participation or effort in the fishery are determined to be necessary, 
the Councils are considering [insert date of publication in the Federal 
Register], as the control date. After that date, anyone entering the 
commercial black sea bass pot fishery may not be assured of future 
participation in the fishery 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 
black sea bass pot fishery. Fishermen are not guaranteed future 
participation in this fishery, regardless of their entry date 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 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 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: April 17, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-10539 Filed 4-22-97; 8:45 am]
BILLING CODE 3510-22-F