[Federal Register Volume 65, Number 105 (Wednesday, May 31, 2000)]
[Proposed Rules]
[Pages 34635-34636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13570]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 000524153-0153-01; I.D. 042100C]
RIN 0648-AO11


Fisheries off West Coast States and in the Western Pacific; 
Highly Migratory Species Fishery; Control Date

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 Pacific Coast Highly Migratory Species Fisheries; request for 
comments.

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SUMMARY: The Pacific Fishery Management Council (Council) is developing 
a Fishery Management Plan (FMP) for Highly Migratory Species (HMS) off 
the Pacific Coast that would place HMS species such as tuna, billfish, 
and sharks under Federal management. This document announces a control 
date of March 9, 2000, after which vessels participating in the 
commercial (troll, long line, drift gillnet, harpoon, purse seine), and 
charter boat fisheries for HMS may not be qualified if the Council 
determines that a program to limit entry to the fisheries is 
appropriate. The intended effect of this announcement is to discourage 
speculative entry into the Pacific Coast HMS fisheries while the 
Council determines whether, it will limit participation in the 
fisheries in the future. If the Council decides to limit future 
participation, it will decide on criteria at that time.

DATES: Comments must be submitted by June 30, 2000.

ADDRESSES: Comments on this advance notice of proposed rulemaking may 
be mailed to Jim Lone, Chairman, Pacific Fishery Management Council, 
2130 SW Fifth Avenue, Suite 224, Portland, OR 97201.

FOR FURTHER INFORMATION CONTACT: Svein Fougner, Sustainable Fisheries 
Division, Southwest Region, NMFS, 562-980-4040.

SUPPLEMENTARY INFORMATION: The Council was established under section 
302(a)(1)(F)) of the Magnuson-Stevens Fishery Conservation and 
Management Act. The Council has concluded that an HMS FMP is needed and 
has named a plan development team. The Council sponsored scoping 
sessions to obtain

[[Page 34636]]

public comment on matters that should be considered in the FMP. Several 
people strongly supported the development of the FMP, but urged the 
Council to establish a control date so that there would not be a rush 
to enter the fishery during the plan development process. These persons 
were especially concerned that recent tight restrictions in the 
groundfish fishery and continued restrictions in the ocean salmon 
fishery might encourage entry to the HMS fisheries. The Council 
subsequently heard advice from its advisory subpanel in support of a 
control date and from the public (some of whom supported a control 
date) at its meeting in March 2000. After considering the comments and 
weighing the alternatives, the Council agreed that March 9, 2000, 
should be established as a control date for the commercial and charter 
boat sectors of the HMS fisheries. The Council requested that NMFS 
publish a notification of this control date in the Federal Register.
    The Council anticipates that the plan development process will take 
approximately one year. The Council has not yet determined that limited 
entry in one or more fishery sectors is necessary or appropriate. 
However, the Council is aware that there is often a rush to enter any 
fishery for which a new FMP is being developed, in anticipation that a 
limited entry program could be proposed that would use historic and 
recent participation as criteria for eligibility for limited entry 
permits.
    The implementation of any management measures for the fishery 
affecting one or more of these fishery sectors will require approval of 
the FMP and implementation of associated regulations. Any action will 
require a regulatory proposal with public input and supporting 
analysis, NMFS approval, and publication of the implementing regulation 
in the Federal Register. If catch history is used as a basis for 
eligibility for participation, it is likely that catch by persons 
entering after the control date will not be considered in determining 
eligibility for a limited entry permit. The Council also may decide to 
use participation prior to the control date as a permit eligibility 
criterion. Fishers are not guaranteed future participation in the HMS 
fishery, regardless of their date of entry or level of participation in 
the fishery.
    This advance notice of proposed rulemaking has been determined to 
be not significant for purposes of Executive Order 12866.

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

    Dated: May 24, 2000.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-13570 Filed 5-30-00; 8:45 am]
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