[Federal Register Volume 66, Number 113 (Tuesday, June 12, 2001)]
[Proposed Rules]
[Page 31608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14772]



[[Page 31608]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 053001E]
RIN 0648-A023


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Golden Crab Fishery off the Southern Atlantic States; Amendment 3

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

ACTION: Notice of availability of Amendment 3 to the FMP for the golden 
crab fishery off the southern Atlantic states; request for comments.

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SUMMARY: NMFS announces that the South Atlantic Fishery Management 
Council (Council) has submitted Amendment 3 to the Fishery Management 
Plan for the Golden Crab Fishery of the South Atlantic Region (FMP) for 
NMFS' review, approval, and implementation. Amendment 3 would make a 
number of modifications in the FMP's management program including 
extending the time period for the allowed use of cable for mainlines 
attached to golden crab traps, modifying vessel permitting 
requirements, changing the restrictions regarding which vessels are 
allowed to fish in each of the management zones, liberalizing the 
allowed increase in permitted vessel size, creating a small-vessel 
subzone in the southern zone, and specifying maximum sustainable yield 
(MSY) and stock status determination criteria for golden crab under the 
FMP. The intended effect of Amendment 3 and its implementing rule is to 
protect the golden crab resource while allowing the development of the 
fishery that is dependent on that resource. Specifically, Amendment 3 
is designed to reduce gear conflict in the southern zone of the 
fishery, increase participation in the fishery by easing permit renewal 
requirements, and expand fishing activities in the northern zone where 
no fishing currently occurs. Expected benefits include better 
information on the long-term biological productivity of the resource 
and an increase in the supply of golden crab in the market place with 
attendant economic benefits to the fishery.

DATES: Written comments must be received on or before August 13, 2001.

ADDRESSES: Written comments on Amendment 3 must be sent to Peter 
Eldridge, Southeast Regional Office, NMFS, 9721 Executive Center Drive 
N., St. Petersburg, FL 33702. Comments may also be sent to Peter 
Eldridge via fax to 727-570-5583. Comments will not be accepted if 
submitted via e-mail or the Internet.
    Requests for Amendment 3, which includes an Environmental 
Assessment, a Regulatory Impact Review, and a Social Impact Assessment/
Fishery Impact Statement, should be sent to the South Atlantic Fishery 
Management Council, One Southpark Circle, Suite 306, Charleston, SC 
29407-4699; telephone: 843-571-4366; fax: 843-769-4520; e-mail: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Peter Eldridge, NMFS; telephone: 727-
570-5305; fax: 727-570-5583; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each Regional 
Fishery Management Council to submit any fishery management plan (FMP) 
or FMP amendment to NMFS for review and approval, disapproval, or 
partial approval. NMFS implements approved FMP or amendment measures by 
issuing a final rule. The Magnuson-Stevens Act also requires that NMFS, 
upon receiving an FMP or amendment, immediately publish a document in 
the Federal Register stating that the FMP or amendment is available for 
public review and comment.
    The golden crab fishery off the southern Atlantic states is managed 
under the FMP. This FMP was prepared by the Council and approved and 
implemented by NMFS.
    Amendment 3 would (1) extend through December 31, 2002, the allowed 
use of cable for a mainline attached to golden crab traps; (2) clarify 
the size of the required escape panel or door on a golden crab trap; 
(3) remove the catch requirement for renewing a commercial vessel 
permit for golden crab; (4) allow the issuance of a commercial vessel 
permit for golden crab for the southern zone for a vessel that held a 
valid permit for the southern zone in October 2000 but did not meet the 
subsequent 5,000-lb (2,268-kg) catch requirement for renewal; (5) allow 
a vessel greater than 65 feet (19.8 m) in length with a permit to fish 
in the southern zone to fish also in the northern zone; (6) allow two 
new commercial vessel permits to be issued for the northern zone; (7) 
provide that a commercial vessel permit will not be renewed if the NMFS 
Regional Administrator does not receive an application for renewal by 
June 30 each year; (8) liberalize the allowed increase in the size of a 
permitted vessel; (9) create a small-vessel sub-zone within the 
southern zone in which only permitted vessels 65 feet (19.8 m) or less 
in length may fish for golden crab; such vessels would be prohibited 
from fishing for golden crab in the remainder of the southern zone; and 
(10) add to the FMP's list of management measures that may be modified 
via its framework procedure for regulatory adjustments measures related 
to the southern zone's sub-zone.
    In addition to the measures described above, Amendment 3 would 
establish the following: (MSY) for golden crab in the management area; 
a maximum fishing mortality threshold (MFMT), which is the fishing 
mortality rate that, if exceeded, constitutes overfishing; and a 
minimum stock size threshold (MSST), which is the stock size below 
which golden crab are considered overfished. The proposed specific 
parameters are as follows:
    MSY would be an annual yield between 4 and 12 million lb (1,814 and 
5,443 metric tons).
    MFMT would be a fishing mortality rate that is in excess of the 
fishing mortality rate that produces MSY.
    MSST would be either a ratio of current biomass to biomass at MSY 
(BMSY) or one minus the natural mortality rate (1 - M) times BMSY where 
1 - M should never be less than 0.5.
    In accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule to determine whether it is consistent with Amendment 3, 
the FMP, the Magnuson-Stevens Act, and other applicable law. If that 
determination is affirmative, NMFS will publish the proposed rule in 
the Federal Register for public review and comment.
    Comments received by August 13, 2001, whether specifically directed 
to Amendment 3 or to the proposed rule, will be considered by NMFS in 
its decision to approve, disapprove, or partially approve Amendment 3. 
All comments received by NMFS on Amendment 3 or the proposed rule 
during their respective comment periods will be addressed in the final 
rule.

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

    Dated: June 5, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-14772 Filed 6-11-01; 8:45 am]
BILLING CODE 3510-22-S