[Federal Register Volume 74, Number 129 (Wednesday, July 8, 2009)]
[Proposed Rules]
[Page 32528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16069]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0906241088-91089-01]
RIN 0648-AX92


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Commercial Sector of the Reef Fish, Queen Conch, and Spiny Lobster 
Fisheries of Puerto Rico and the U.S. Virgin Islands; 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: NMFS announces that it is establishing a control date that may 
be used to control future access to the commercial sector of the reef 
fish, queen conch, and spiny lobster fisheries operating in the 
exclusive economic zone (EEZ) of the U.S. Caribbean. 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 
these fisheries. 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 fisheries while the Caribbean 
Fishery Management Council (Council) and NMFS consider whether and how 
access to the commercial sector of the reef fish, queen conch, or spiny 
lobster fishery should be controlled.

DATES: Comments must be received by August 7, 2009.

ADDRESSES: Comments, identified by RIN 0648-AX92, may be submitted by 
any one of the following methods:
     Electronic submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
     Mail: Jason Rueter, NMFS Southeast Regional Office, 
Sustainable Fisheries Division, 263 13th Avenue South, Saint 
Petersburg, Florida 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.
    To submit comments through the Federal eRulemaking Portal: http://www.regulations.gov enter ``NOAA-NMFS-2009-0137'' in the keyword 
search, then select ``Send a Comment or Submission.'' NMFS will accept 
anonymous comments (enter N/A in the required fields, if you wish to 
remain anonymous). You may submit attachments to electronic comments in 
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Jason Rueter; phone 727-824-5305; fax 
727-824-5308; or Graciela Garcia-Moliner; phone 787-766-5927; fax 787-
766-6239.

SUPPLEMENTARY INFORMATION: The commercial sector of the U.S. Caribbean 
reef fish fishery is managed under the Fishery Management (FMP) Plan 
for the Reef Fish Resources of Puerto Rico and the U.S. Virgin Islands, 
the commercial sector of the U.S. Caribbean queen conch fishery is 
managed under the FMP for the Queen Conch Resources of Puerto Rico and 
the U.S. Virgin Islands, and the commercial sector of the U.S. 
Caribbean spiny lobster fishery is managed under the FMP for the Spiny 
Lobster Resources of Puerto Rico and the U.S. Virgin Islands. The FMPs 
were prepared by the Council, and implemented under the authority of 
the Magnuson-Stevens Act.
    This notice would inform participants in the U.S. Caribbean reef 
fish, queen conch, and spiny lobster fisheries of the Council's 
intentions to consider limiting access within the commercial sector of 
the U.S. Caribbean reef fish, queen conch, or spiny lobster fisheries. 
Specifically, the Council may consider requiring a permit that would 
limit fishing in the EEZ to only those participants that have catch 
histories in excess of some minimum landings threshold or to those 
participants who possess a valid Territorial/Commonwealth Permit. 
Should the Council take such future action to further restrict 
participation in the commercial sector of the U.S. Caribbean reef fish, 
queen conch, or spiny lobster fishery, it intends to use March 24, 
2009, as a possible control date regarding the eligibility of catch 
histories. This date was announced at the Council's March 2009 meeting. 
Publication of the control date in the Federal Register informs 
participants of the Council's considerations, and gives notice to 
anyone entering the fisheries after the control date they would not be 
assured of future access should a management regime be implemented 
using the control date as a means to restrict participation. 
Implementation of any such program would require preparation of an 
amendment to the FMPs and subsequent rulemaking with appropriate public 
comment periods.
    Consideration of a control date does not commit the Council or NMFS 
to any particular management regime or criteria for eligibility in the 
commercial sector of the U.S. Caribbean reef fish, queen conch, or 
spiny lobster fishery. The Council may or may not make use of this 
control date as part of the qualifying criteria for participation in 
that sector of the fisheries. 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. The Council subsequently may choose a different control 
date or management regime that does not make use of a control date. The 
Council 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: July 1, 2009.
John Oliver,
Deputy Assistant Administrator For Operations, National Marine 
Fisheries Service.
[FR Doc. E9-16069 Filed 7-7-09; 8:45 am]
BILLING CODE 3510-22-S