[Federal Register Volume 64, Number 99 (Monday, May 24, 1999)]
[Proposed Rules]
[Pages 27951-27952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13085]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 990514134-9134-01; I.D. 042399C]
RIN 0648-AM60


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic States; Control Date for the Commercial Gillnet Fishery for 
Atlantic Group King Mackerel North of Cape Lookout, North Carolina

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 gillnet fishery for Atlantic group king mackerel north of 
Cape Lookout, North Carolina, 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 this 
fishery. If a limited entry program is established, the Council is 
considering May 24, 1999, 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 June 23, 1999.
ADDRESSES: Comments should be directed to the South Atlantic Fishery 
Management Council, One Southpark Circle, Suite 306, Charleston, South 
Carolina 29407-4699; Telephone: 843-571-4366; Fax: 843-769-4520.


[[Page 27952]]


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

SUPPLEMENTARY INFORMATION: The commercial fishery for Atlantic group 
king mackerel in the South Atlantic exclusive economic zone (EEZ) is 
managed jointly by the Gulf of Mexico and South Atlantic Councils under 
the Fishery Management Plan for the Coastal Migratory Pelagic Resources 
of the Gulf of Mexico and South Atlantic. A moratorium on issuing new 
commercial permits for king mackerel fisheries in the Gulf or Atlantic 
EEZ has been in effect since March 4, 1998, and will remain in effect 
through October 15, 2000 (63 FR 10561; March 4, 1998). Currently, about 
280, 50, and 20 king mackerel federal permits are issued to vessels 
that homeport in North Carolina, South Carolina, and Virginia, 
respectively.
    A gillnet (sinknet) fishery for Atlantic group king mackerel is 
conducted seasonally north of Cape Lookout, North Carolina, and it is 
the intent of the Council to allow for the continuation of this 
fishery. However, the Council has concerns that there may be 
considerable effort shifted to the Atlantic group king mackerel fishery 
in the North Carolina area in the future. Additionally, this fishing 
effort has been taking a larger proportion of the total quota. This 
impinges on the historical catch of the hook-and-line fishers, who 
represent the more common fishing effort. The Council is also concerned 
about the potential for expanded entry into this fishery when the 
permit moratorium expires.
    At its June 1998 meeting, the Council voted unanimously to 
establish a control date for the commercial gillnet fishery for 
Atlantic group king mackerel north of Cape Lookout, North Carolina. 
This notice informs the industry that the Council is considering future 
action to control the number of participants in this fishery. Anyone 
entering the fishery after the control date would not be assured of 
future access should a management regime that limits the number of 
participants in the fishery be prepared and implemented. The Council 
requested that the control date be published in the Federal Register to 
provide timely notice to the industry. Implementation of any such 
program that limits participation or effort in the fishery would 
require preparation of an amendment to the respective fishery 
management plan and publication of a notice of availability and 
proposed rule with pertinent public comment periods.
    If management measures to limit participation or effort in the 
fishery are determined to be necessary, the Council is considering May 
24, 1999, as the control date. After that date, anyone entering the 
commercial gillnet fishery for Atlantic group king mackerel fishery 
north of Cape Lookout, North Carolina, may not be assured of future 
participation in the fishery if a management regime is developed and 
implemented that limits 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 this 
fishery. Fishermen are not guaranteed future participation in the 
fishery regardless of their entry date or intensity of participation in 
the fishery 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 fishery before and after the control date. Other 
qualifying criteria, such as documentation of landings and sales, may 
be applied for entry in the fishery. 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. This notice has been 
determined to be not significant for purposes of E.O. 12866.

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

    Dated: May 18, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-13085 Filed 5-21-99; 8:45 am]
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