[Federal Register Volume 63, Number 222 (Wednesday, November 18, 1998)]
[Proposed Rules]
[Pages 64031-64032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30835]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 981109280-8280-01; I.D. 101498F]
RIN 0648-AM03


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Coastal Migratory Pelagic 
Resources of the Gulf of Mexico and South Atlantic States; 
Recreational-for-hire Fisheries; 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 Gulf of Mexico Fishery 
Management Council (Council) is considering whether there is a need to 
impose additional management measures limiting entry into the 
recreational-for-hire (i.e., charter vessel and headboat) fisheries for 
reef fish and coastal migratory pelagic fish in the exclusive economic 
zone (EEZ) of the Gulf of Mexico 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 recreational-for-hire fisheries for reef fish and coastal 
migratory pelagics. If a limited entry program is established, the 
Council is considering November 18, 1998, as a possible control date. 
Consideration of a control date is intended to discourage new entry 
into the fisheries based on economic speculation during the Council's 
deliberation on the issues.

DATES: Comments must be submitted by December 18, 1998.

ADDRESSES: Comments should be directed to the Gulf of Mexico Fishery 
Management Council, 3018 U.S. Highway 301 North, Suite 1000, Tampa, FL 
33619-2266; Fax: 813-225-7015.

FOR FURTHER INFORMATION CONTACT: Mark Godcharles or Robert Sadler, 727-
570-5305.

SUPPLEMENTARY INFORMATION: The recreational-for-hire fisheries for reef 
fish and coastal migratory pelagic fish in the EEZ of the Gulf of 
Mexico are

[[Page 64032]]

managed respectively under the Fishery Management Plans for the Reef 
Fish Resources of the Gulf of Mexico (Gulf) and the Coastal Migratory 
Pelagic Resources of the Gulf and South Atlantic (FMPs). The FMP for 
the Gulf of Mexico reef fish resources was prepared by the Council; the 
FMP for coastal migratory pelagic resources was prepared jointly by the 
Council and the South Atlantic Fishery Management Council. Both FMPs 
were implemented under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act by regulations at 50 CFR part 622. The 
FMPs regulate these two recreational-for-hire fisheries and require 
permits for charter and headboat vessels participating in them. 
Landings of the vessels are regulated through bag, possession, and size 
limits. There also is a recreational quota for red snapper.
    In both the red snapper and king mackerel fisheries, the 
recreational sector, including recreational-for-hire vessels, has 
frequently exceeded the allocations set for that sector when total 
allowable catch (TAC) is set annually. To prevent the recreational 
sector from exceeding its allocation, the Council must either reduce 
the bag limits or take some other action to reduce the effort and/or 
landings (e.g., seasonal closures, increased size limits). Reduction of 
the bag limits is the most effective way to control landings, but such 
reductions have adverse economic impacts on the recreational-for-hire 
vessels. When the bag limit is reduced to a lower level, some of the 
clientele of these vessels cease to fish and to pay for fishing trips. 
The Council is, therefore, considering limited entry or other effort 
limitation programs for recreational-for-hire vessels.
    Implementation of an effort limitation program for these 
recreational-for-hire fisheries in the EEZ would require preparation of 
amendments to the FMPs by the Council and publication of proposed 
implementing rules with a public comment period. NMFS' approval of the 
amendments and issuance of final implementing rules also would be 
required.
    As the Council considers management options, including limited 
entry or access-controlled regimes, some fishermen who do not currently 
participate in the recreational-for-hire fisheries, and have never done 
so, may decide to enter the fisheries for the sole purpose of 
establishing a record of 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 fisheries are determined to be 
necessary, the Council is considering November 18, 1998, as the control 
date. After that date, anyone entering these recreational-for-hire 
fisheries may not be assured of future participation in the fisheries 
if a management regime is developed and implemented limiting the number 
of fishery participants.
    The Council previously established a control date of October 16, 
1995, (60 FR 53576, October 16, 1995) for the recreational-for-hire 
fishery for Gulf king mackerel. It is the Council's intent that the 
November 18, 1998 control date established by this advance notice of 
proposed rulemaking supersede the October 15, 1995, control date for 
that sector of 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 
recreational-for-hire fisheries. Fishermen are not guaranteed future 
participation in these fisheries, regardless of their entry date or 
intensity of participation in the fisheries before or after the control 
date under consideration. The Council subsequently may 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 active in the fisheries before and 
after the control date. Other qualifying criteria, such as 
documentation of 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 fisheries, in which case the control date may be 
rescinded.

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


    Dated: November 12, 1998.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-30835 Filed 11-17-98; 8:45 am]
BILLING CODE 3510-22-F