[Federal Register Volume 68, Number 82 (Tuesday, April 29, 2003)]
[Proposed Rules]
[Page 22667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10558]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 030417091-3091-01; I.D. 040903B]
RIN 0648-AR00


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Resources of the Gulf of Mexico; Commercial Shrimp Fishery of 
the Gulf of Mexico; Control Date

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

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

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SUMMARY: This notice announces that the Gulf of Mexico Fishery 
Management Council (GMFMC) is considering additional management 
measures to limit entry into the commercial fishery for shrimp in the 
exclusive economic zone of the Gulf of Mexico (Gulf EEZ). Possible 
measures include the establishment of a limited entry program to 
control participation or effort in the commercial shrimp fishery. If a 
limited entry program is established, the GMFMC is considering December 
6, 2003, as a possible control date.

DATES: Comments must be submitted by May 29, 2003.

ADDRESSES: Comments should be directed to the Gulf of Mexico Fishery 
Management Council, 3018 U.S. Highway 301 North, Suite 1000, Tampa, 
Florida 33619-2266; Fax: 813-225-7015.

FOR FURTHER INFORMATION CONTACT: Steve Branstetter, 727-570-5305.

SUPPLEMENTARY INFORMATION: The commercial fishery for shrimp in the 
Gulf EEZ is managed under the Fishery Management Plan for the Shrimp 
Fishery of the Gulf of Mexico (FMP). The FMP was prepared by the GMFMC, 
and implemented under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act. Amendment 11 to the FMP was approved 
by NMFS on October 17, 2001, and a final rule implementing the actions 
described in Amendment 11 was promulgated on August 7, 2002 (67 FR 
51074). Those regulations, effective September 6, 2002, included a 
requirement for all vessel owners or operators who harvest shrimp in 
the Gulf EEZ to obtain a commercial vessel permit. Owners or operators 
had 90 days to comply; commercial shrimp vessels harvesting shrimp from 
the Gulf EEZ on or after December 5, 2002, were required to have this 
Federal vessel permit onboard. For the purposes of the FMP, shrimp is 
defined to include the following species: brown, pink, white, rock, 
seabob, and royal red shrimp.
    The GMFMC anticipates that future action may be necessary to 
control effort in the Gulf of Mexico shrimp fishery by restricting the 
number of participants. The GMFMC has been advised by NMFS that the 
shrimp resources of the Gulf EEZ are fully exploited, especially the 
penaeid (brown, pink and white) shrimp resources. Recent stock 
assessments indicate that a reduction in effort would not result in a 
reduction in yield for these species. Consequently, the GMFMC is 
concerned that the current level of participation in the Gulf shrimp 
fishery may not be realizing the maximum economic benefits that could 
be derived from the resource, and that future increases in 
participation could further reduce economic benefits. Should the GMFMC 
take future action to restrict participation in the fishery, they may 
use December 6, 2003, as a possible control date. This date would give 
all vessel owners or operators who harvest shrimp from the Gulf EEZ one 
year to obtain a commercial vessel permit before the control date. 
Implementation of any program to restrict access in the shrimp fishery 
would require preparation of an amendment to the FMP and publication of 
a notice of availability of the amendment with a comment period, 
publication of a proposed rule with a public comment period, approval 
of the amendment, and issuance of a final implementing rule.
    Consideration of a control date does not commit the GMFMC or NMFS 
to any particular management regime or criteria for entry into the 
commercial shrimp fishery. Fishermen are not guaranteed future 
participation in a fishery regardless of their entry date or intensity 
of participation in the fishery before or after the control date under 
consideration. Use of the control date in future management actions 
would mean that anyone entering the fishery after the control date 
would not be assured of future access. Even fishermen who are permitted 
prior to the control date are not guaranteed future participation in a 
fishery. The GMFMC 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 GMFMC subsequently may choose a different 
control date or they may choose a management regime that does not make 
use of a control date. The GMFMC also may choose to take no further 
action to control entry or access to the fisheries, in which case the 
control date may be rescinded.

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

    Dated: April 23, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 03-10558 Filed 4-28-03; 8:45 am]
BILLING CODE 3510-22-S