[Federal Register Volume 63, Number 93 (Thursday, May 14, 1998)]
[Proposed Rules]
[Pages 26765-26766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12843]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 654

[Docket No. 980501114-8114-01; I.D. 041698G]
RIN 0648-AK48


Stone Crab Fishery of the Gulf of Mexico; Amendment 6

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 issues this proposed rule to implement Amendment 6 to the 
Fishery Management Plan for the Stone Crab Fishery of the Gulf of 
Mexico (FMP). Amendment 6 would extend, for up to 4 years, the existing 
temporary moratorium on the Federal registration of stone crab vessels. 
The intended effect is to provide additional time for the industry and 
Florida to develop and implement a limited access system for the 
fishery.

DATES: Written comments will be considered if received on or before 
June 29, 1998.
ADDRESSES: Send comments on the proposed rule to the Southeast Regional 
Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702. 
Requests for copies of Amendment 6, which includes a regulatory impact 
review and an environmental assessment, should be sent to the Gulf of 
Mexico Fishery Management Council, 3018 U.S. Highway 301 North, Suite 
1000, Tampa, FL 33619-2266; Phone: 813-228-2815; Fax: 813-225-7015.

FOR FURTHER INFORMATION CONTACT: Michael E. Justen, 813-570-5305.

SUPPLEMENTARY INFORMATION: The FMP was prepared by the Gulf of Mexico 
Fishery Management Council (Council) and is implemented under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 654.

Background

    Final regulations implemented the FMP on September 30, 1979 (44 FR 
53519), and apply only to the exclusive economic zone (EEZ) off 
Florida's west coast (including Monroe County), the primary location of 
the directed stone crab fishery.
    The original FMP required vessels to be registered by the 
appropriate state or Federal agency and assigned an identification 
number and color code for the vessel and gear. Federal regulations 
allowed fishermen to obtain a Federal identification number and color 
code from the NMFS Southeast Regional Office, if the applicant could 
not obtain an identification number and color code from Florida. 
However, the NMFS Southeast Regional Office has never issued an 
identification number and color code to anyone to participate in the 
stone crab fishery because fishermen could obtain them from Florida.
    Amendment 5, implemented on April 14, 1995 (60 FR 13918), placed a 
3-year moratorium (April 15, 1995 - June 30, 1998) on the Federal 
registration of stone crab vessels. The Council recommended, and NMFS 
approved and implemented, the Federal moratorium because the Florida 
Legislature passed a moratorium on the issuance of state permits, 
effective July 1, 1995, while the Florida Marine Fisheries Commission 
(FMFC), in cooperation with the stone crab industry, considered 
development

[[Page 26766]]

of a limited access system. Without the Federal moratorium, fishermen 
could have circumvented the state moratorium.
    The Council recommended Amendment 6 to extend the Federal 
moratorium on vessel registration for up to 4 years (i.e., through June 
30, 2002) because it is concerned that legislative action by Florida to 
create a limited access system may be delayed beyond June 30, 1998.
    If the Federal moratorium expires on June 30, 1998, anyone could 
apply to NMFS for vessel registration. Substantial entry into the stone 
crab fishery would adversely affect current participants in the fishery 
by reducing their respective shares of the harvest. The fishery is 
already overcapitalized both in gear deployed, with approximately 
798,000 traps deployed in 1995-96, and in the number of permitted 
vessels. As of July 1, 1995, there were 6,501 commercial permits 
issued. Only 1,556 permit holders, however, had stone crab landings, 
and 70 percent of them, or 1,102 permittees, had annual landings of 500 
lb (225 kg) or less. Landings have not increased significantly since 
1982-83, when approximately 350,000 traps were deployed. Catch-per-
unit-of-effort has declined significantly since then.
    In cooperation with the stone crab industry, the FMFC has proposed 
to the Florida Legislature a limited access program that contains 
provisions for a license limitation system that would exclude permit 
holders with no record of landings during recent years. The Florida 
Legislature is expected to pass this limited access program in 1999 
with the state law to become effective July 1, 1999. The Council will 
then submit a regulatory amendment to extend the license limitation 
program to Federal waters off Florida's Gulf coast, including Monroe 
County.

Management Measures in Amendment 6

    Amendment 6 would continue, for up to 4 years, the FMP's temporary 
moratorium on the Federal registration of stone crab vessels. This 
Federal moratorium would end no later than June 30, 2002.

Control Date

    At the Council's request, NMFS published a control date of July 24, 
1995, for the commercial fishery (60 FR 37868, July 24, 1995). That 
action notified fishermen entering the commercial stone crab fishery 
that after that date they may not be allowed to participate in the 
fishery if that date is used in a limited access program to limit 
entry.

Availability of and Comments on Amendment 6

    Additional background and rationale for the measures discussed 
above are contained in Amendment 6, the availability of which was 
announced in the Federal Register on April 23, 1998 (63 FR 20163). 
Written comments on Amendment 6 must be received on or before June 22, 
1998. Comments that are received by NMFS on or before June 22, 1998, 
whether specifically directed to Amendment 6 or the proposed rule, will 
be considered by NMFS in its decision to approve, disapprove, or 
partially approve Amendment 6. Comments received after that date will 
not be considered by NMFS in this decision. All comments received on 
Amendment 6 or on this proposed rule during their respective comment 
periods will be addressed in the preamble to the final rule.

Classification

    At this time, NMFS has not made a final determination that the 
provisions of Amendment 6 are consistent with the national standards, 
other provisions of the Magnuson-Stevens Act, and other applicable 
laws. In making that final determination, NMFS will take into account 
the data, views, and comments received during the comment period.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Council for Legislation and Regulation of the 
Department of Commerce, based on the Council's Regulatory Impact Review 
(RIR) that assesses the economic impact of maangement measures proposed 
in this rule on fishery participants, 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 follows:

    The regulations are not likely to change annual gross revenues 
by more than 5 percent. Instead, the Federal moratorium would simply 
maintain current rules, and vessels would not be subjected to a 
regulatory-induced reduction in gross revenue.
    Annual compliance costs are not likely to increase total costs 
of production for small entities by more than 5 percent. It has been 
estimated that there would be no additional costs associated with 
compliance with the provisions of this amendment, as no additional 
permits, gear modifications, or other changes are required.
    Compliance costs as a percent of sales for small entities are 
not likely to be at least 10 percent higher than compliance costs as 
a percent of sales for large entities. All the firms expected to be 
impacted by the rule are small entities and hence there is no 
differential impact.
    Capital costs of compliance are not likely to represent a 
significant portion of capital available to small entities, 
considering internal cash flow and external financing capabilities. 
Significant effects of this type are not expected to occur from any 
of the alternatives that would extend the moratorium.
    The requirements of the regulations are not likely to force a 
number of the small entities to cease operations. The action to 
extend the moratorium would not force any vessels out of the 
fishery.

     As a result, a regulatory flexibility analysis was not prepared. A 
copy of the RIR is available from the Council (see ADDRESSES).

List of Subjects in 50 CFR Part 654

    Fisheries, Fishing.

    Dated: May 8, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 654 is 
proposed to be amended as follows:

PART 654--STONE CRAB FISHERY OF THE GULF OF MEXICO

    1. The authority citation for part 654 continues to read as 
follows:

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

    2. In Sec. 654.3, paragraph (d) is revised to read as follows.


Sec. 654.3  Relation to other laws.

* * * * *
    (d) Under Amendment 6 to the Fishery Management Plan for the Stone 
Crab Fishery of the Gulf of Mexico, there is a temporary moratorium on 
the issuance by the Regional Director of Federal identification numbers 
and color codes for vessels and gear in the stone crab fishery in the 
management area. The moratorium will end not later than June 30, 2002. 
During the moratorium, fishermen must obtain identification numbers and 
color codes for these vessels and gear from Florida. (See 
Sec. 654.6(a).)
[FR Doc. 98-12843 Filed 5-13-98; 8:45 am]
BILLING CODE 3510-22-F