[Federal Register Volume 67, Number 39 (Wednesday, February 27, 2002)]
[Proposed Rules]
[Pages 8926-8927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4672]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 021902F]
RIN 0648-AO62


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Reef Fish Resources of the Gulf of Mexico; Charter Vessel and 
Headboat Permit Moratorium

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

ACTION: Notice of availability of an amendment for a charter vessel/
headboat permit moratorium; request for comments.

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SUMMARY: NMFS announces that the Gulf of Mexico Fishery Management 
Council (Council) has submitted to NMFS an amendment for a charter 
vessel/headboat permit moratorium amending the fishery management plans 
(FMPs) for the Coastal Migratory Pelagic Resources of the Gulf of 
Mexico and South Atlantic (Amendment 14) and the Reef Fish Resources of 
the Gulf of Mexico (Amendment 20) for review, approval, and 
implementation. Amendments 14 and 20 would establish a 3-year 
moratorium on the issuance of charter vessel or headboat (for-hire) 
permits for the reef fish fishery and coastal migratory pelagics 
fishery in the exclusive economic zone (EEZ) of the Gulf of Mexico. In 
addition, as a consequence of the proposed moratorium, the current 
charter vessel/headboat permit for coastal migratory pelagic fish would 
have to be restructured as separate permits for the Gulf and South 
Atlantic. Written comments are requested from the public.

DATES: Written comments must be received on or before April 29, 2002.

ADDRESSES: Comments must be mailed to the Southeast Regional Office, 
NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702. 
Comments may

[[Page 8927]]

also be sent via fax to 727 522 5583. Comments will not be accepted if 
submitted via e-mail or Internet.
    Copies of Amendments 14 and 20, which include an environmental 
assessment, a regulatory impact review, and copies of two related 
minority reports opposing implementation of the proposed moratorium may 
be obtained from the Gulf of Mexico Fishery Management Council, The 
Commons at Rivergate, 3018 U.S. Highway 301 North, Suite 1000, Tampa, 
FL 33619-2266; telephone: 813-228-2815; fax: 813-833-1844.
    Written comments regarding the collection-of-information (e.g. 
permits) requirements contained in Amendments 14 and 20 may be 
submitted to Robert Sadler, Southeast Regional Office, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702, and to the Office 
of Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 20503 (Attention: NOAA Desk Officer). Written comments 
regarding all other actions set forth in the amendment may be submitted 
to Phil Steele, Southeast Regional Office, NMFS, 9721 Executive Center 
Drive N., St. Petersburg, FL 33702.

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

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act), as amended by the 
Sustainable Fisheries Act, requires each Regional Fishery Management 
Council to submit an FMP or FMP amendment to NMFS for review and 
approval, disapproval, or partial approval. The Magnuson-Stevens Act 
also requires that NMFS, upon receiving an FMP or FMP amendment, 
immediately publish a document in the Federal Register stating that the 
FMP or FMP amendment is available for public review and comment.
    The Council, in cooperation with the Gulf charter vessel/headboat 
industry, developed Amendments 14 and 20 to address issues of increased 
fishing mortality and fishing effort in the for-hire sector of the 
recreational fishery. There are an estimated 3,220 recreational for-
hire vessels in the Gulf of Mexico. Of these for-hire vessels, there 
are an estimated 1,275 charter vessels and 92 headboats; the remainder 
are probably smaller guide boats that usually fish inshore. The number 
of charter boats operating in the Gulf of Mexico has increased from 516 
in 1981 to 1,275 in 1998 (147 percent), while the number of headboats 
has remained relatively stable during the same period. Further, the 
number of individual angler charter vessel trips increased by 
approximately 51 percent (through 1998) over the average number of 
trips from the previous decade.
    During this same period, there has been an increase in the number 
of fish stocks identified as overfished or approaching an overfished 
state. In the January 2001 report to Congress on the Status of U.S. 
Fisheries, red snapper and red grouper were classified as being 
overfished and undergoing overfishing. Gag grouper was classified as 
undergoing overfishing and approaching an overfished state. King 
mackerel was classified as overfished and vermillion snapper was 
classified as undergoing overfishing. Further, the Council was notified 
by a letter from NMFS in January, 2001 that greater amberjack was 
overfished.
    While all sectors have contributed to the overfishing or overfished 
status of these important fisheries, the proportion of landings 
attributed to the for-hire sector has increased substantially in recent 
years. The number of recreational red grouper landed by charter vessel 
and headboats increased from 14 percent (1988/1989) to 32 percent (1996 
1997) of the total landings; the number of recreational red snapper 
landed increased from 34 percent (1981 1982) to 62 percent (1988 1989) 
to 71 percent (1996 1997) of the total landings. These increased catch 
rates by the recreational for-hire sector have contributed to the 
progressively earlier closures of the red snapper recreational fishery 
each year. This fishery was closed on November 27 in 1997, September 30 
in 1998, and August 29 in 1999. This progressively longer closure 
period is adversely impacting the charter vessel headboat sector that 
is dependent on this stock. Additionally, the number of king mackerel 
landed by charter vessel and headboats increased from 17 percent in 
1983 to 62 percent of the total landings in 1997. During the same 
period, landings for gag grouper increased from approximately 15 
percent to 33 percent. Further, the recreational for-hire vessels 
historically have landed most of the recreational landings of 
vermillion snapper (90 percent) and greater amberjack (63 percent) 
during the period 1995/1996.
    Amendments 14 and 20 would moderate short-term future increases in 
fishing effort and attempt to stabilize fishing mortality in the for-
hire sector of the recreational fishery. The proposed moratorium is a 
form of limited access management that is intended to temporarily 
stabilize fishing effort by limiting the number of vessels in the 
fishery. It would allow the Council the time necessary to develop a 
more comprehensive effort limitation program designed to help restore 
overfished stocks. A large part of the considerations of whether a more 
comprehensive system is needed will be the determination of actions 
needed to restore the aforementioned overfished stocks.
    A proposed rule that would implement measures outlined in 
Amendments 14 and 20 has been received from the Council. In accordance 
with the Magnuson-Stevens Act, NMFS is evaluating the proposed rule to 
determine whether it is consistent with the FMPs, 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 April 29, 2002 whether specifically directed 
to the FMP or the proposed rule, will be considered by NMFS in its 
decision to approve, disapprove, or partially approve the FMP. Comments 
received after that date will not be considered by NMFS in this 
decision. All comments received by NMFS on the FMP 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: February 21, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-4672 Filed 2-26-02; 8:45 am]
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