[Federal Register Volume 68, Number 97 (Tuesday, May 20, 2003)]
[Proposed Rules]
[Pages 27516-27517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12648]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 030513122-3122-01; ID 050103C]
RIN 0648-AR01


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Control Date for Loligo and Illex 
Squid

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

ACTION: Advance notice of proposed rulemaking; notice of a control date 
for the purposes of controlling capacity in the commercial fishery for 
Loligo squid and discouraging speculative entry into the Illex 
commercial fishery.

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SUMMARY: NMFS announces that it is considering and is seeking public 
comment on proposed rulemaking to control future access to the Illex 
(Illex illecebrosus) and Loligo (Loligo pealei) squid fisheries under 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). This announcement is intended, in part, to discourage 
speculative entry and increases in effort or capacity in these 
fisheries while the Mid-Atlantic Fishery Management Council (Council) 
and NMFS consider alternative allocation schemes and whether and how to 
further control capacity in the Illex and Loligo fisheries. The date of 
publication of this document, May 20, 2003, shall be known as the 
``control date'' and may be used for establishing eligibility criteria 
for determining levels of future access to the Illex and Loligo 
fisheries subject to Federal authority.

DATES: Written comments must be received on or before 5 p.m., local 
time, June 19, 2003.

[[Page 27517]]


ADDRESSES: Comments should be directed to Daniel T. Furlong, Executive 
Director, Mid-Atlantic Fishery Management Council, 300 South New 
Street, Dover, DE 19904-6790. Mark the outside of the envelope, 
``Comments on Squid Control Date.'' Comments may also be sent via 
facsimile (fax) to (302) 674-5399. Comments will not be accepted if 
submitted via e-mail or Internet.

FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst, 
978-281-9273, email: [email protected].

SUPPLEMENTARY INFORMATION: In the 1990s, the simultaneous growth of the 
domestic squid fisheries and reduction in the estimate of sustainable 
yield resulted in the Illex and Loligo fisheries moving toward full 
capitalization and exploitation. As a result, limited entry programs 
became necessary and were implemented separately for each fishery in 
Amendment 5 to the Fishery Management Plan (FMP) (Loligo squid at 61 FR 
14465, April 2, 1996 and Illex squid at 62 FR 28638, May 27, 1997).
    In the case of the Illex fishery, a 5-year sunset provision was 
placed on the Illex moratorium when it was implemented through 
Amendment 5 to the FMP, due to concerns that capacity might prove to be 
insufficient to fully exploit the annual quota for the fishery. The 
sunset provision for the moratorium on entry into the Illex fishery, 
implemented in 1997, was set to expire in July 1, 2002. It was extended 
through July 1, 2003, under Framework 2 to the FMP (67 FR 44392, July 
2, 2002) and is currently being considered for an additional extension 
through July 1, 2004, under Framework 3 to the FMP (68 FR 14571, March 
26, 2003). The Council is addressing this issue through development of 
Amendment 9 to the FMP. However, the Council is concerned that a hiatus 
in the Illex limited access program could occur should the moratorium 
for this fishery expire before Amendment 9 is implemented. At its March 
20, 2003, meeting, the Council requested that NMFS publish an advance 
notice of proposed rulemaking issuing this control date to discourage 
speculative entry into the Illex fishery, should such a hiatus occur.
    In the case of the Loligo fishery, the primary issue the Council is 
concerned with is excess and/or latent capacity. Quota management in 
this fishery, in conjunction with restrictions in other fisheries, has 
created a derby fishery in certain quota periods of the Loligo fishery. 
Therefore, the Council has expressed a need to examine excess capacity 
and/or latent capacity in the limited entry section of this fishery. 
Accordingly, at its March 20, 2003, meeting, the Council requested that 
NMFS also publish this control date to discourage speculative 
activation of previously unused effort or capacity in the Loligo 
fishery while alternative allocation schemes and potential management 
regimes to control capacity or latent effort are discussed and possibly 
developed and implemented. The control date communicates to fishermen 
that performance or fishing effort after the date of publication may 
not be treated the same as performance or effort that was expanded 
before the control date. The Council could choose different and 
variably weighted methods to qualify fishermen based on the type and 
length of participation in the Loligo fishery or on the quantity of 
landings. The Council may also choose to take no further action to 
control entry or access to the Loligo fishery.
    This notification establishes May 20, 2003, as the control date for 
potential use in determining historical or traditional participation in 
the Loligo and Illex fisheries. Consideration of a control date does 
not commit the Council to develop any particular management regime or 
criteria for participation in these fisheries. The Council may choose a 
different control date; or may choose a management program that does 
not make use of such a date. Any action by the Council will be taken 
pursuant to the requirements for FMP development established under the 
Magnuson-Stevens Act.
    This notification also gives the public notice that interested 
participants should locate and preserve records that substantiate and 
verify their participation in the Loligo and Illex fisheries in Federal 
waters.

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

    Dated: May 15, 2003.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 03-12648 Filed 5-19-03; 8:45 am]
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