[Federal Register Volume 67, Number 75 (Thursday, April 18, 2002)]
[Proposed Rules]
[Pages 19155-19156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9520]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 654

[I.D. 031402C]
RIN 0648-AN10


Stone Crab Fishery of the Gulf of Mexico; Amendment 7

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

ACTION: Notice of availability of Amendment 7 to the Fishery Management 
Plan for the Stone Crab Fishery for the Gulf of Mexico; request for 
comments.

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SUMMARY: NMFS announces that the Gulf of Mexico Fishery Management 
Council (Council) has submitted Amendment 7 to the Fishery Management 
Plan for the Stone Crab Fishery of the Gulf of Mexico (FMP) for review, 
approval, and implementation by NMFS. Amendment 7 would establish a 
Federal trap limitation program for the commercial stone crab fishery 
in the exclusive economic zone (EEZ) off Florida's west coast, 
including the area off Monroe County, FL (i.e., the management area) 
that would complement the stone crab trap limitation program 
implemented by the Florida Fish and Wildlife Conservation Commission 
(FFWCC). In addition, Amendment 7 would revise the Protocol and 
Procedure for an Enhanced Cooperative Management System (Protocol) 
consistent with Florida's constitutional revisions that transferred 
authority for implementation of fishery-related rules from the Governor 
and Cabinet to the FFWCC. The intended effects are to establish a 
Federal program that would complement and enhance the effectiveness of 
the FFWCC's trap limitation program and, thereby, help to reduce 
overcapitalization in the stone crab fishery.

DATES: Written comments must be received on or before June 17, 2002.

ADDRESSES: Written comments must be sent to Mark Godcharles, Southeast 
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, 
FL 33702. Comments also may be sent via fax to 727-570-5583. Comments 
will not be accepted if submitted via e-mail or Internet.
    Requests for copies of Amendment 7, which includes a regulatory 
impact review and an environmental assessment should be sent to the 
Gulf of Mexico Fishery Management Council, 3018 U.S. Highway 301 North, 
Suite 1000, Tampa, Florida 33619-2266; phone: 813-228-2815; fax: 813-
225-7015; e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Mark Godcharles 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 or 
amendment to NMFS for review and approval, disapproval, or partial 
approval. The Magnuson-Stevens Act also requires that NMFS, upon 
receiving an amendment, immediately publish a document in the Federal 
Register stating that the amendment is available for public review and 
comment.
    Fishery information available since the early 1980's indicates that 
the stone crab fishery, in terms of area fished, and numbers of 
participants and traps, has expanded to a level where the fishery has 
more participants and traps than necessary to harvest optimum yield. 
This excessive growth has reduced efficiency in the fishery and failed 
to increase annual harvest since the early 1990's. Since moratoriums 
were first implemented (60 FR 13918, March 15, 1995; 63 FR 44595, 
August 20, 1998), neither Florida nor NMFS has issued new permits for 
this fishery. On June 26, 2000, Florida adopted its trap certificate 
program which is designed to reduce the number of traps in the stone 
crab fishery to an optimal level over about a 30-year period. The FFWCC 
expects to implement this program by October 1, 2002.
    Amendment 7 represents a continuation of cooperative State/Federal 
efforts to constrain overcapitalization in the stone crab fishery. The 
state/federal cooperative approach to managing the Florida stone crab 
fishery was initiated with the development and implementation of the 
FMP (final rule: 44 FR 53519, September 14, 1979). The fourth 
management objective in the FMP specified that regulations be developed 
with the ideal of promoting uniform and consistent management of the 
fishery in state and federal of the Gulf of Mexico waters off west 
Florida. In Amendment 7, the Council has proposed the following nine 
FMP changes to align Federal management of the stone crab fishery with 
the FFWCC trap reduction program: (1) Recognize, but not require,

[[Page 19156]]

Florida's stone crab licenses and trap tags for vessels operating in 
the management area; (2) establish a Federal program to issue non-
transferable (to other persons) vessel permits, trap certificates, and 
trap tags for EEZ use only; (3) provide opportunity to apply for the 
proposed Federal vessel permit to those who could meet the qualifying 
criteria but could not or chose not to obtain the stone crab vessel 
license or tags issued by the FFWCC; (4) allow participants up to 90 
days following the effective date of the final rule implementing 
Amendment 7 to apply for Federal permits and tags; (5) determine the 
number of Federal trap tags to be issued to qualifying persons by 
dividing his/her highest seasonal landings of stone crab claws during 
one of three fishing seasons (1995/96, 1996/97, or 1997/1998) by 5 lb 
(2.27 kg); (6) charge a fee for the issuance of Federal trap tags and 
vessel permits and their annual renewal; (7) establish a Federal 
appeals process for those denied a Federal permit; (8) revise the 
Protocol to reflect revisions to Florida's Constitution; and, (9) 
replace FMP management objective 3 with: take regulatory action to 
increase catch per unit effort (CPUE) and reduce overcapitalization in 
terms of gear deployed in the fishery.
    In accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule to implement Amendment 7 to determine whether it is 
consistent with Amendment 7, the Magnuson-Stevens Act, and other 
applicable law. If that determination is affirmative, NMFS will publish 
it in the Federal Register for public review and comment.
    NMFS will consider comments received by June 17, 2002, whether 
specifically directed to the amendment or the proposed rule, in its 
decision to approve, disapprove, or partially approve Amendment 7. 
Comments received after that date will not be considered by NMFS in its 
decision. All comments received by NMFS on Amendment 7 or the proposed 
rule during their respective comment periods will be addres sed in the 
final rule.

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

    Dated: April 12, 2002.
John H. Dunigan
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-9520 Filed 4-17-02; 8:45 am]
BILLING CODE 3510-22-S