[Federal Register Volume 70, Number 198 (Friday, October 14, 2005)]
[Proposed Rules]
[Pages 60058-60059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20612]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 051003254-5254-01; I.D. 092105C]
RIN 0648-AT88


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; 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.

-----------------------------------------------------------------------

SUMMARY: This notice announces that the South Atlantic Fishery 
Management Council (Council) is considering management measures to 
further limit participation or effort in the commercial fishery for 
snapper grouper species (excluding wreckfish) in the exclusive economic 
zone (EEZ) of the South Atlantic. Possible measures include individual 
fishing quotas (IFQ), days-at-sea (DAS), or other programs to further 
limit participation or effort. If such measures are established, the 
Council is considering October 14, 2005 as a possible control date.

FOR FURTHER INFORMATION CONTACT: Julie A. Weeder, 727-551-5753; fax 
727-824-5308; e-mail [email protected].

SUPPLEMENTARY INFORMATION: The snapper grouper fishery in the EEZ off 
the southern Atlantic states is managed under the Fishery Management 
Plan for the Snapper-Grouper Fishery of the South Atlantic Region 
(FMP). The FMP was prepared by the Council and is implemented through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act.
    The Council previously established July 30, 1991 (56 FR 36052), as 
the control date for the snapper grouper fishery (excluding wreckfish), 
and April 23, 1997 (62 FR 22995), as the control date for the black sea 
bass pot segment of this fishery. If adopted, the proposed control date 
of October 14, 2005 would replace both of those control dates for the 
entire fishery (excluding wreckfish).
    Many species in the South Atlantic snapper grouper fishery are or 
have been overfished or are undergoing overfishing. A limited access 
program for the commercial fishery was instituted in Amendment 8 to the 
FMP in 1998. Implementation of a program that further limits effort or 
participation in the commercial fishery for snapper grouper species 
(excluding wreckfish) in the EEZ would require preparation of an 
amendment to the FMP by the Council and publication of a proposed rule 
with a public comment period. NMFS' approval of the amendment and 
issuance of a final rule would also be required.
    As the Council considers these management options, some fishermen 
who do not currently harvest snapper grouper, or harvest small 
quantities, may decide to begin or increase participation for the sole 
purpose of establishing or improving their record of commercial 
landings. When management authorities begin to consider implementation 
or expansion of a limited access management regime, this kind of 
speculative behavior is often responsible for a rapid increase in 
fishing effort in fisheries that are already fully developed or over 
developed. The original fishery problems, such as overcapitalization or 
overfishing, may be exacerbated by this increased participation.
    In order to avoid this problem, if management measures to limit 
participation or effort in the fishery are determined to be necessary, 
the Council is considering October 14, 2005 as the control date. After 
that date, anyone entering the commercial fishery for snapper grouper 
species (excluding wreckfish) may not be assured of future 
participation in the fishery if a management regime is developed and 
implemented that limits the number of fishery participants.
    Consideration of a control date does not commit the Council or NMFS 
to any particular management regime or criteria for entry into the 
commercial fishery for snapper grouper species (excluding wreckfish). 
Fishermen are not guaranteed future participation in this fishery, 
regardless of their entry date or intensity of participation in the 
fishery before or after the control date under consideration. The 
Council may subsequently choose a different control date, or it may 
choose a management

[[Page 60059]]

regime that does not make use of such a date. The Council also may 
choose to take no further action to control entry or access to the 
fishery, in which case the control date may be rescinded.

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

    Dated: October 7, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 05-20612 Filed 10-13-05; 8:45 am]
BILLING CODE 3510-22-S