[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Proposed Rules]
[Pages 46718-46719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19667]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 110621347-1385-02]
RIN 0648-BB19


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; Control Date 
for Commercial Wreckfish Sector

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

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 of 
March 11, 2011, to control future access to the commercial wreckfish 
sector of the snapper-grouper 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 this commercial 
sector. This announcement is intended, in part, to promote awareness of 
the potential eligibility criteria for future access so as to 
discourage speculative entry into this sector while the South Atlantic 
Fishery Management Council (Council) and NMFS consider whether and how 
access to the commercial wreckfish sector should be controlled.

DATES: Written comments must be received on or before 5 p.m., local 
time, September 2, 2011.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2011-0152, 
by the following method:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov. 
Follow the instructions for submitting comments.
    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 e-rulemaking portal http://www.regulations.gov, select ``submit a comment,'' enter the following 
docket number into the ``Search'' box: NOAA-NMFS-2011-0152. To view 
posted comments during the comment period, enter ``NOAA-NMFS-2011-
0152'' in the keyword search and click on ``search.'' 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: Kim Iverson, Public Information 
Officer, South Atlantic Fishery Management Council; toll free 1-866-
SAFMC-10 or 843-571-4366; [email protected].

SUPPLEMENTARY INFORMATION: Previously, the Council established a 
control date of March 28, 1990, for the commercial wreckfish sector of 
the snapper-grouper fishery. Subsequent to that action, an individual 
transferable quota program was implemented for wreckfish in 1992. The 
Council is currently developing Amendments 20A and 20B to the Snapper-
Grouper Fishery Management Plan (FMP) regarding wreckfish. Therefore, 
at its March 2011 meeting, the Council recommended a new control date 
of March 11, 2011, for the commercial wreckfish sector. The Council 
manages wreckfish under the FMP for the Snapper-Grouper Fishery of the 
South Atlantic Region. The new control date would apply to current 
wreckfish ITQ shareholders as well as persons who are contemplating 
entering the commercial wreckfish sector in the EEZ of the South 
Atlantic region. If adopted, a new control date would be established 
for the commercial wreckfish sector. The Council requested that this 
control date be published in the Federal Register, in part, to notify 
fishermen that if they enter this sector after March 11, 2011, they may 
not be assured of future access if the Council and/or NMFS decide to 
limit entry or impose other management measures.
    Establishment of the new control date would allow the Council to 
limit the level of participation in the subject sector using the March 
11, 2011, date as part of a management strategy. Control dates are 
intended to discourage speculative entry into a sector of that fishery, 
as new entrants entering after the control date are forewarned that 
they are not guaranteed future participation.
    Establishment of this new control date does not commit the Council 
or NMFS

[[Page 46719]]

to any particular management regime or criteria for entry into the 
commercial wreckfish sector. Fishermen are not guaranteed future 
participation in the sector 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 
subject sector, 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 wreckfish sector in the 
South Atlantic EEZ.
    This rule has been determined to be not significant under E.O. 
12866.

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

    Dated: July 28, 2011.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2011-19667 Filed 8-2-11; 8:45 am]
BILLING CODE 3510-22-P