[Federal Register Volume 74, Number 33 (Friday, February 20, 2009)]
[Proposed Rules]
[Pages 7848-7849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3610]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0812221634-9115-01]
RIN 0648-AX51


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Commercial Black Sea Bass Pot 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 revised control date 
to control future access to the commercial black sea bass pot 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 black sea bass pot 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-AX51, 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: Kate Michie 727-824-5308.
     Mail: Kate Michie, 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 revised control date of December 4, 2008, for the 
commercial black sea bass pot segment of the snapper-grouper fishery. 
The Council is concerned about the potential for an increase in the 
number of participants in the fishery due to increased regulations on 
other species in the snapper-grouper management complex. The control 
date would apply to persons who are contemplating entering the 
commercial black sea bass pot fishery in the EEZ of the South Atlantic 
region. The Council previously established April 23, 1997, (62 FR 
22995), as the control date for the black sea bass pot segment of the 
snapper-grouper fishery. A revised control date of October 14, 2005 (70 
FR 60058), was established for the snapper-grouper fishery, including 
the black sea bass pot segment. If adopted, the proposed control date 
would again revise the control date for the black sea bass pot segment 
of the commercial snapper-grouper fishery. The previously established 
October 14, 2005, control date for the commercial snapper-grouper 
fishery would remain unchanged. 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 these fisheries. Establishment 
of the control date would allow the Council to evaluate the level of 
participation in the subject 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 black sea bass pot 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

[[Page 7849]]

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 black sea bass pot 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. E9-3610 Filed 2-19-09; 8:45 am]
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