[Federal Register Volume 74, Number 33 (Friday, February 20, 2009)]
[Proposed Rules]
[Page 7849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3607]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 090205130-9132-01]
RIN 0648-AX55


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Commercial Golden Tilefish Segment of the Snapper-Grouper Fishery off 
the Southern Atlantic States; Control Date

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

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

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SUMMARY: NMFS announces that it is establishing a new control date to 
control future access to the commercial golden tilefish fishery 
operating in the exclusive economic zone (EEZ) of the South Atlantic. 
If changes to the management regime are developed and implemented under 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), a control date could be used to limit the number of 
participants in the fishery. This announcement is intended, in part, to 
promote awareness of the potential eligibility criteria for future 
access so as to discourage speculative entry into the fishery while the 
South Atlantic Fishery Management Council (Council) and NMFS consider 
whether and how access to the golden tilefish fishery should be 
controlled.

DATES: Written comments must be received on or before 5 p.m., eastern 
time, March 23, 2009.

ADDRESSES: You may submit comments, identified by 0648-AX55, by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
     Fax: Attn: Nikhil Mehta 727-824-5308.
     Mail: Nikhil Mehta, NMFS Southeast Regional Office, 
Sustainable Fisheries Division, 263 13th Avenue South, St. Petersburg, 
FL 33701.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information 
Officer, South Atlantic Fishery Management Council; toll free 1-866-
SAFMC-10 or 843-571-4366; [email protected].

SUPPLEMENTARY INFORMATION: At the December 2008 Council meeting, the 
Council recommended a new control date of December 4, 2008, for the 
commercial golden tilefish segment of the snapper-grouper fishery. The 
control date would apply to persons who are contemplating entering the 
commercial golden tilefish fishery in the EEZ of the South Atlantic 
region. The Council requested that this control date be published in 
the Federal Register to notify fishermen that if they enter such a 
fishery after December 4, 2008, they may not be assured of future 
access if the Council and/or NMFS decide to limit entry or impose other 
measures to manage this segment of the snapper-grouper fishery. A 
control date of October 14, 2005 (70 FR 60058), was previously 
established for the snapper-grouper fishery and would remain unchanged.
    Establishment of the new control date for the commercial golden 
tilefish segment of the snapper-grouper fishery would allow the Council 
to evaluate the level of participation in this segment of the snapper-
grouper fishery and address any level of overcapacity. Control dates 
are intended to discourage speculative entry into a fishery, as new 
entrants entering the fishery after the control date are forewarned 
that they are not guaranteed future participation in the fishery.
    Establishment of this control date does not commit the Council or 
NMFS to any particular management regime or criteria for entry into the 
commercial golden tilefish fishery. Fishermen are not guaranteed future 
participation in the fishery regardless of their level of participation 
before or after the control date. The Council may recommend a different 
control date or it may recommend a management regime that does not 
involve a control date. Other criteria, such as documentation of 
landings or fishing effort, may be used to determine eligibility for 
participation in a limited access fishery. The Council and/or NMFS 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. Any action 
by the Council will be taken pursuant to the requirements for fishery 
management plan and amendment 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 commercial golden tilefish fishery in 
the South Atlantic EEZ.

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

    Dated: February 11, 2009
James W. Balsiger,
Acting Assistant Administrator For Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-3607 Filed 2-19-09; 8:45 am]
BILLING CODE 3510-22-S