[Federal Register Volume 64, Number 98 (Friday, May 21, 1999)]
[Proposed Rules]
[Page 27750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12886]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 99051126-9126-01; I.D. 042999A]
RIN 0648-AM67


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic States; Dolphin and Wahoo Commercial 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 document announces that the South Atlantic Fishery 
Management Council (South Atlantic Council) is considering additional 
management measures to limit entry into the commercial fisheries for 
dolphin (Coryphaena hippurus) and wahoo (Acanthocybium solandri) in the 
exclusive economic zone (EEZ) off the South Atlantic states. Possible 
measures include the establishment of a limited entry program to 
control participation or effort in the commercial fisheries for dolphin 
and wahoo. If a limited entry program is established, the South 
Atlantic Council is considering May 21, 1999, 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 South 
Atlantic Council's deliberation on the issues.
DATES: Comments must be submitted by June 21, 1999.

ADDRESSES: Comments should be directed to the South Atlantic Fishery 
Management Council, One Southpark Circle, Suite 306,
    Charleston, South Carolina 29407; Fax: 843-769-4520.

FOR FURTHER INFORMATION CONTACT: Steve Branstetter, 727-570-5305.

SUPPLEMENTARY INFORMATION: Dolphin are managed under the Fishery 
Management Plan (FMP) for the Coastal Migratory Pelagic Resources of 
the Gulf and South Atlantic (Coastal Pelagics FMP). The Coastal 
Pelagics FMP was prepared jointly by the Gulf of Mexico Fishery 
Management Council and the South Atlantic Council, and is implemented 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act.
    The South Atlantic Council is concerned about the adverse effects 
of increased harvest of dolphin and wahoo off the South Atlantic 
states. Available landings estimates indicate that the pelagic longline 
fleet is now targeting dolphin throughout the South Atlantic EEZ. 
Commercial landings of South Atlantic wahoo have also recently 
increased. Consequently, an increasing opportunity exists for localized 
depletion of the two species, leading to an overfished stock condition 
and user group conflicts.
    Recent constraints on participation in the South Atlantic snapper-
grouper and king mackerel commercial fisheries may result in additional 
entrants into the dolphin and wahoo commercial fisheries. In addition, 
fishermen displaced from inshore state waters by recent state gear 
restrictions may wish to enter the dolphin and wahoo commercial 
fisheries to regain lost income. New entry into these fisheries may be 
discouraged by establishment of a control date.
    Anyone entering the dolphin and wahoo commercial fisheries after 
May 21, 1999, will not be assured of future access, should a management 
regime that limits the number of participants in those fisheries be 
prepared and implemented. Implementation of an effort limitation 
program would require preparation of a Dolphin-Wahoo FMP and/or an 
amendment to the Coastal Pelagics FMP, publication of notice of 
availability of the FMP/amendment with a comment period, publication of 
a proposed rule with a public comment period, approval of the FMP/
amendment, and issuance of a final implementing rule.
    Consideration of a control date does not commit the South Atlantic 
Council or NMFS to any particular management regime or criteria for 
entry into the dolphin and wahoo commercial 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 South Atlantic 
Council subsequently may choose a different control date or may choose 
a management regime that does not make use of a control date. The South 
Atlantic 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 South Atlantic 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.
    This advance notice of proposed rulemaking has been determined to 
be not significant for purposes of E.O. 12866.

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

    Dated: May 14, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Services.
[FR Doc. 99-12886 Filed 5-20-99; 8:45 am]
BILLING CODE 3510-22-F