[Federal Register Volume 65, Number 41 (Wednesday, March 1, 2000)]
[Proposed Rules]
[Pages 11029-11030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4910]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 000223051-0051-01; I.D. 020300A]


Fisheries of the Northeastern United States; Deep-sea Red Crab 
Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Advance notice of proposed rulemaking; notice of a control date 
for the purposes of controlling entry in the deep-sea red crab fishery.

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SUMMARY: NMFS announces that it is considering, and is seeking public 
comment on, proposed rulemaking to control future access to the deep-
sea red crab (Chaceon quinquedens) resource if a management regime is 
developed and implemented under the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) that limits the 
number of participants in the fishery. This announcement is intended, 
in part, to promote awareness of potential eligibility criteria for 
future access so as to discourage speculative entry into the fishery 
while the New England Fishery Management Council (Council) and NMFS 
consider whether and how access to the red crab fishery should be 
controlled. The date of publication of this notice, March 1, 2000, 
shall be known as the ``control date'' and may be used for establishing 
eligibility criteria for determining levels of future access to the red 
cab fishery subject to Federal authority.

DATES: Written comments must be received on or before 5:00 p.m., local 
time, March 31, 2000.

ADDRESSES: Written comments should be sent to Paul J. Howard, Executive 
Director, New England Fishery Management Council, 50 Water Street, Mill 
2, Newburyport, MA 01950. Mark the outside of the envelope, ``Comments 
on Deep-sea Red Crab Control Date.'' Comments also may be sent via 
facsimile (fax) to (978) 281-9135. Comments will not be accepted if 
submitted via e-mail or the Internet.

FOR FURTHER INFORMATION CONTACT: Regina L. Spallone, Fishery Policy 
Analyst, 978-281-9221, email: [email protected]

SUPPLEMENTARY INFORMATION: The deep-sea red crab (red crab, Chaceon 
quinquedens) is a deep-water benthic species that supports a small 
commercial fishery on the Atlantic coast in southern New England and on 
the southern slope of Georges Bank. Although not regulated, the 
commercial fishery appears to be limited to approximately six vessels, 
with some seasonal participation by offshore lobster vessels likely.
    Information is limited for this resource, but annual landings in 
1998 by directed vessels of 3.5 million lbs (1,600 mt) appear to be 
close to the lower range of the estimate of maximum sustainable yield 
(MSY) (4.0-5.5 million lb (1,800-2,500 mt)). This MSY estimate was 
developed by NMFS Northeast Fisheries Science Center based on studies 
conducted in the late 1970's. No formal assessment was ever conducted. 
Current capacity in this fishery is sufficient to harvest or exceed 
this MSY. Seasonal participation by the offshore lobster fleet may have 
already pushed landings of red crab over the lower estimate of MSY. 
Also, there is concern that vessels that are not traditional 
participants in the red crab fishery may enter the fishery soon due to 
the decline of other resources, thereby increasing the likelihood of 
excess harvest capacity.
    While there currently is no fishery management plan (FMP) for red 
crab, the Council has announced its intention

[[Page 11030]]

to prepare one. As part of that FMP, the Council is considering 
development of a controlled access system in the red crab fishery to 
address the principle of matching harvest capacity to sustainable 
harvest level. The limitation of entry into the fishery may be based on 
levels of participation (e.g., permit categories based on harvest 
levels of a vessel) or other criteria such as domestic harvest 
capacity.
    The control date is intended to discourage speculative entry into 
the red crab fishery while controlled access schemes are developed by 
the Council. The control date will help to distinguish established 
participants from speculative entrants to the fishery. Although 
participants are notified that entering the fishery after the control 
date will not ensure them of future access to the red crab resource on 
the grounds of previous participation, additional and/or other 
qualifying criteria may also be applied. The Council may choose 
different and variably weighted methods to qualify participants based 
on the type and length of participation in the fishery.
    This notification establishes March 1, 2000, as the control date 
for potential use in determining historical or traditional 
participation in the deep-sea red crab fishery. Consideration of a 
control date does not commit the Council or NMFS to develop any 
particular management regime or criteria for participation in this 
fishery. The Council or NMFS may choose a different control date, or 
may choose a management program that does not make use of such a date.
    Fishermen are not guaranteed future participation in the fishery, 
regardless of their entry dates or intensity of participation in this 
fishery before or after the control date. The Council and NMFS may 
choose to give variably weighted consideration to fishermen active in 
the fishery before and after the control date. The Council and NMFS may 
also choose to take no further action to control entry or access to the 
fishery, in which case the control date may be rescinded. Any action by 
the Council or NMFS will be taken pursuant to the requirements for FMP 
development established under the Magnuson-Stevens Act.
    This notification also gives the public notice that interested 
participants should locate and preserve records that substantiate and 
verify their participation in the red crab fishery in Federal waters.

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

    Dated: February 23, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-4910 Filed 2-29-00; 8:45 am]
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