[Federal Register Volume 66, Number 115 (Thursday, June 14, 2001)]
[Proposed Rules]
[Pages 32312-32313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15066]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 010601143-1143-01; I.D. 050201B]
RIN 0648-AO62


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Coastal Migratory Pelagic 
Resources of the Gulf of Mexico and South Atlantic States; 
Recreational-for-hire Fisheries in the Gulf; Control Date

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

ACTION: Advance notice of proposed rulemaking; establishment of a 
revised control date.

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SUMMARY: This document announces that the Gulf of Mexico Fishery 
Management Council (Council) has adopted an amendment to the Fishery 
Management Plan for the Reef Fish Resources of the Gulf of Mexico (Reef 
Fish FMP) and to the Fishery Management Plan for Coastal Migratory 
Pelagic Resources of the Gulf of Mexico and South Atlantic (Coastal 
Migratory Pelagics FMP) that would, if approved and implemented by 
NMFS, establish a moratorium on the issuance of additional charter 
vessel and headboat (recreational-for-hire) permits for these fisheries 
in the exclusive economic zone (EEZ) of the Gulf of Mexico. The Council 
has not yet submitted the final amendment or its proposed implementing 
regulations to NMFS for approval and implementation. The Council has 
established March 29, 2001, as a revised control date for determining 
eligibility for charter vessel/headboat permits under the permit 
moratorium contained in the amendment. Therefore, consistent with the 
Council's intent, this notice announces March 29, 2001, as the revised 
control date for these recreational-for-hire fisheries in the Gulf of 
Mexico EEZ, thereby superseding the Council's prior control date of 
November 18, 1998. This control date is intended to discourage new 
entry into these recreational-for-hire fisheries prior to review by 
NMFS of the amendment and its regulatory implementation.

DATES: Comments on the revised control date must be submitted no later 
than 5 p.m., eastern daylight savings time, July 16, 2001.

ADDRESSES: Comments on the revised control date should be directed to 
the Gulf of Mexico Fishery Management Council, 3018 U.S. Highway 301 
North, Suite 1000, Tampa, FL 33619-2266; telephone: 813-228-2815; fax: 
813-225-7015.

FOR FURTHER INFORMATION CONTACT: Phil Steele, Southeast Region, NMFS, 
telephone: 727-570-5305; fax: 727-570-5583; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The recreational-for-hire fisheries for reef 
fish and coastal migratory pelagic fish in the EEZ of the Gulf of 
Mexico are managed under the Reef Fish FMP and the Coastal Migratory 
Pelagic Resources of the Gulf and South Atlantic (Coastal Migratory 
Pelagics FMP)), respectively. The Reef Fish FMP was prepared by the 
Council; the Coastal Migratory Pelagics FMP was prepared jointly by the 
Council and the South Atlantic Fishery Management Council (South 
Atlantic Council). Both FMPs were approved by NMFS and implemented 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Steven Act) by regulations at 50 CFR part 622. 
The FMPs regulate these two recreational-for-hire fisheries and require 
permits for charter and headboat vessels participating in them. 
Landings of these vessels are regulated through fish bag, possession, 
and size limits. There also is an annual recreational quota for red 
snapper under the Reef Fish FMP.
    The recreational sector of both the red snapper and king mackerel 
fisheries, including recreational-for-hire vessels, has frequently 
exceeded the annual allocation set for that sector when total allowable 
catch (TAC) for the whole fishery (recreational and commercial catch) 
is established annually. To prevent the recreational sector of these 
fisheries from exceeding its annual allocation, the Council must either 
reduce the bag limit or take some other action to reduce the fishing 
effort and/or landings (e.g., seasonal closures and/

[[Page 32313]]

or increased fish size limits). Reduction of the bag limit is the most 
effective way to control annual landings, but such reductions could 
have adverse economic impacts on the recreational-for-hire vessels. 
Reductions in the bag limit could cause some of the clientele of these 
vessels to cease fishing and pay for fishing trips. The Council is, 
therefore, addressing the need for effort limitation for recreational-
for-hire vessels for these fisheries in the Gulf of Mexico EEZ through 
an alternative approach.
    On March 29, 2001, the Council adopted an amendment to the Reef 
Fish FMP and the Coastal Migratory Pelagics FMP that would, if approved 
and implemented by NMFS, establish a moratorium on the issuance of 
charter vessel/headboat permits for the reef fish and coastal migratory 
pelagic fisheries in the Gulf EEZ. Under the permit moratorium 
contained in the amendment, eligibility for participation in these for-
hire fisheries would be based upon the following: (1) Obtaining or 
applying for a charter vessel or headboat permit prior to March 29, 
2001; (2) demonstrating that a charter/headboat vessel was under 
construction prior to March 29, 2001; or (3) demonstrating compliance 
with the criteria for ``historical captain'' that are based, in part, 
on the March 29, 2001, control date.
    Once the Council and the South Atlantic Council submit the 
amendment to NMFS for Secretarial review under procedures of the 
Magnuson-Stevens Act, NMFS will publish a notice of availability of the 
amendment and proposed implementing regulations for public review and 
comment. After considering the public comment, if NMFS approves the 
amendment, it would implement the amendment through final regulations. 
During this process, some fishermen who do not currently participate in 
the subject recreational-for-hire fisheries, and have never done so, 
may decide to enter these fisheries for the sole purpose of 
establishing a record of landings. This kind of speculative entry often 
is responsible for a rapid increase in fishing effort in fisheries that 
are already fully developed or overdeveloped. The existing fishery 
problems in the red snapper and king mackerel fisheries, such as 
overcapitalization or overfishing, would likely be exacerbated by the 
entry of new participants.
    In an effort to avoid this problem and to discourage capital 
investment in these fisheries by such new entrants who would not 
qualify for a permit under the proposed moratorium, the Council has 
established March 29, 2001, as the control date. After that date, 
anyone entering these recreational-for-hire fisheries would not be 
eligible for a charter vessel or headboat permit under the proposed 
permit moratorium, assuming it is approved and implemented.
    The Council previously established a control date of October 16, 
1995 (60 FR 53576, October 16, 1995), for the recreational-for-hire 
fishery for Gulf king mackerel. That control date was subsequently 
superseded by a November 18, 1998, control date for the recreational-
for-hire fisheries for reef fish and coastal migratory pelagic species, 
including Gulf king mackerel, in the Gulf EEZ (63 FR 64031, November 
18, 1998). It is the Council's intent that the November 18, 1998, 
control date be superseded by the March 29, 2001, control date 
announced by this notice. The Council selected this revised control 
date because it established eligibility criteria for participation 
under its proposed moratorium on issuance of charter vessel/headboat 
permits for the Gulf EEZ that are related, in one manner or another, to 
participation in these fisheries prior to March 29, 2001. The Council 
took this action after deciding that use of the previous November 18, 
1998, control date would not accurately cap fishing effort in the for-
hire sectors of these fisheries at their actual current level.
    A control date does not commit the Council or NMFS to any 
particular management regime or criteria for future entry into the 
recreational-for-hire fisheries. Fishermen are not guaranteed future 
participation in these fisheries regardless of their entry date or 
intensity of participation in the fisheries before or after the control 
date. The Council subsequently may choose a different control date or 
they 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 fisheries before and after the control date. 
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 entry or access to the fisheries.
    This advanced 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: June 11, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-15066 Filed 6-13-01; 8:45 am]
BILLING CODE 3510-22-S