[Federal Register Volume 65, Number 134 (Wednesday, July 12, 2000)]
[Proposed Rules]
[Pages 42978-42979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17629]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 000524154-0154-01; I.D. 051100C]
RIN 0648-AO12


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Commercial Fishing Gear; 
Control Date

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

ACTION: Advance notice of proposed rulemaking; notice of control date 
for gear eligibility.

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SUMMARY: This document announces that the Gulf of Mexico Fishery 
Management Council (Council) is considering whether there is a need to 
limit participation by gear type in the commercial reef fish fisheries 
in the exclusive economic zone (EEZ) of the Gulf of Mexico and, if 
there is a need, what management measures should be imposed to 
accomplish this. If the Council and NMFS determine that management 
measures are needed, a rulemaking to do so may be initiated. Possible 
measures include modifications to the existing limited entry program to 
control fishery participation, or effort, based on gear type, such as a 
requirement for a gear endorsement on the commercial reef fish vessel 
permit for the appropriate gear. Gear types which may be included are 
longlines, buoy gear, handlines, rod-and-reel, bandit gear, 
spearfishing gear, and powerheads used with spears. This notice is 
intended to inform fishermen that anyone not using a particular gear by 
July 12, 2000 may not be eligible to use that gear if a gear-type 
effort control program is established. This announcement of a control 
date for gear eligibility is intended to discourage the use of 
different gear based on economic speculation during the Council's 
deliberation on the issues.

DATES: Comments must be received at the appropriate address or fax 
number no later than 5 p.m., Eastern Daylight Time, on August 11, 2000.

ADDRESSES: Written comments should be sent to the Gulf of Mexico 
Fishery Management Council, 3018 U.S. Highway 301 North, Suite 1000, 
Tampa, FL 33619-2266; fax: 813-225-7015; email: 
[email protected]. When providing comments, include your 
name, city, state, and your relevant background and interest, e.g., 
commercial fisherman, recreational fisherman, conservationist. Comments 
submitted by e-mail should also include a valid e-mail address. If you 
are commenting on behalf of an organization, please include your 
organization's name and number of members.

FOR FURTHER INFORMATION CONTACT: Dr. Roy Crabtree, 727-570-5305; fax: 
727-570-5583; e-mail: [email protected] or Steven Atran, 813-228-
2815; fax: 813-225-7015; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The fisheries for reef fish in the EEZ of 
the Gulf of Mexico are managed under the Fishery Management Plan for 
the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was 
implemented under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act by regulations at 50 CFR part 622.
    Entry to the commercial reef fish fishery in the Gulf of Mexico is 
already limited by a permit system. The fishery is conducted with a 
variety of gears. The Council is concerned that some of these gears, 
particularly bottom longline gear, may be so efficient that users of 
those gears are harvesting a disproportionate share of the commercial 
grouper quota or are harvesting at a rate that is inconsistent with 
providing a year-round fishery. Additionally, NMFS' Office of 
Sustainable Fisheries, Highly Migratory Species Division (HMS 
Division), and Congress are considering proposals that would restrict 
the use of pelagic longline gear in the Gulf of Mexico and in the 
Atlantic. The HMS Division has published a proposed rule that would 
restrict the use of pelagic

[[Page 42979]]

longline gear in Atlantic Ocean and Gulf of Mexico waters (64 FR 69982, 
December 15, 1999). The Council is concerned that these proposals, if 
implemented, could result in a shift in effort from the pelagic 
longline fishery to the reef fish bottom longline fishery or other reef 
fish fisheries. Such effort shift could have an adverse impact on the 
allocation of the available reef fish resources among historical 
participants. The Council is also concerned about the incidental 
mortality of non-targeted species, impacts on essential fish habitat, 
and ghost fishing of unattended or abandoned gear. For these reasons, 
the Council is considering the need to evaluate the use of gears in the 
commercial reef fish fishery, and possibly to recommend limits on the 
use of some gears to ensure a fair and equitable allocation of the 
available resources, prevent overfishing and habitat destruction, and 
minimize bycatch mortality.
    Commercial harvest of reef fish from the EEZ of the Gulf of Mexico 
using several gears or harvest methods is currently prohibited. Under 
50 CFR 622.31, explosives and poison may not be used to fish for reef 
fish, and the possession of explosives onboard a vessel that is fishing 
in the EEZ for reef fish or that has a Federal vessel fishing permit 
for reef fish is prohibited. Under 50 CFR 622.39(a)(2), vessels that 
have trawl gear or entangling net gear onboard are restricted to the 
recreational bag and possession limits of reef fish (which cannot be 
sold). FMP Amendment 5 imposed a moratorium in 1994 on the number of 
vessels authorized to fish for reef fish using fish traps. FMP 
Amendment 14 established a limited entry system for the fish trap 
fishery and prohibits the use of fish traps to fish for reef fish in 
the EEZ after February 7, 2007.
    NMFS published a final rule in the Federal Register (64 FR 67511, 
December 2, 1999) that lists authorized fisheries and fishing gear 
(LOF) for each fishery under the authority of a regional fishery 
management council or under the authority of the Secretary of Commerce 
(Secretary) with respect to Atlantic highly migratory species (HMS). 
Any person intending to fish with a gear or in a fishery in the EEZ not 
included in the LOF must give a 90-day advance notice to the 
appropriate regional fishery management council or to the Secretary 
with respect to HMS. For the Gulf of Mexico commercial reef fish 
fishery, the LOF listed the authorized gears as traps, pots, longline, 
buoy gear, handline, rod-and-reel, bandit gear, spear, powerhead, 
castnet, and trawl.
    Implementation of an effort limitation program for gear used in the 
Gulf of Mexico reef fish fishery in the EEZ would require the Council's 
preparation of an FMP amendment and its submission to NMFS for 
Secretarial review, approval, and implementation. Under Secretarial 
review, NMFS would make the FMP amendment and its proposed rule 
available for public comment.
    As the Council considers management options, some fishermen who do 
not currently participate in the commercial reef fish fishery with a 
particular gear, and have never done so, may decide to use that gear in 
the fishery for the sole purpose of establishing a record of landings. 
To avoid this first-time use of gear in order to establish a record of 
landings, the Council has established July 12, 2000 as a control date 
for gear eligibility. After that date, anyone not already using a 
particular gear, may not be eligible to continue using it if a 
management regime is developed and implemented limiting the number of 
fishery participants authorized to use that gear.
    This notice of control date for gear eligibility applies to all 
gears listed in the LOF for the commercial reef fish fishery of the 
Gulf of Mexico, except for pots and traps, castnets, and trawls. Reef 
fish traps and pots are already under a limited entry system; 
therefore, application of this control date to reef fish traps and pots 
is unnecessary and inappropriate. Castnets are included in the LOF to 
allow fishermen to catch bait while on a reef fish trip but are not 
used to harvest reef fish directly. It is, therefore, unnecessary to 
include castnets in this notice of control date for gear eligibility. 
Bag and possession limits for Gulf reef fish apply to a person aboard a 
vessel with trawl gear onboard. Because the bag limits cannot be sold, 
such trawl gear is already excluded from the commercial reef fish 
fishery. However, groundfish vessels with bottom trawls may include 
reef fish bycatch in their unsorted catch. Because groundfish trawl 
vessels land their catch unsorted, it is impracticable to separate and 
release the reef fish bycatch. Consequently, groundfish vessels are 
exempted from the requirements for reef fish vessel permits, minimum 
size limits, bag limits, and quota closures. Groundfish trawls comprise 
a small fishery in the northern Gulf of Mexico, and are included in the 
LOF to accommodate the reef fish bycatch.
    Announcement of a control date for gear eligibility does not commit 
the Council or NMFS to any particular management regime or criteria for 
authorization to use a gear in the commercial reef fish fishery. 
Fishermen are not guaranteed future participation with that gear in the 
fishery regardless of their entry date or intensity of participation in 
the fisheries before or after the control date for gear eligibility 
under consideration. The Council subsequently may choose a different 
control date for gear eligibility 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 
with the gear before and after the control date for gear eligibility. 
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 use of gear in the fishery, in which case the 
control date for gear eligibility may be rescinded.
    This advanced notice or proposed rulemaking has been determined to 
be not significant for purposes of E. O. 12866.

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

    Dated: July 6, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-17629 Filed 7-11-00; 8:45 am]
BILLING CODE 3510-22-F