[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)]
[Proposed Rules]
[Pages 66244-66245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23226]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160815741-6741-01]
RIN 0648-BG30


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Atlantic Coastal Migratory Pelagic Fishery; Atlantic Dolphin and Wahoo 
Fishery; and South Atlantic Snapper-Grouper Fishery; 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: This proposed rule announces the establishment of a control 
date of June 15, 2016. The South Atlantic Fishery Management Council 
(Council) may use this control date if it decides to create 
restrictions limiting participation in the exclusive economic zone for 
the Federal charter vessel/headboat (for-hire) component of the 
recreational sectors of the coastal migratory pelagics fishery in the 
Atlantic, dolphin and wahoo fishery in the Atlantic, and snapper-
grouper fishery in the South Atlantic. Anyone obtaining a Federal for-
hire permit for these recreational sectors after the control date will 
not be assured of future access should a management regime that limits 
participation in the sector be prepared and implemented. 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 Federal for-hire component of the 
recreational sectors of the Atlantic coastal migratory pelagics, 
Atlantic dolphin and wahoo, or the South Atlantic snapper-grouper 
fisheries, while the Council and NMFS consider whether and how access 
to these recreational sector components should be managed. NMFS invites 
comments on the establishment of this control date.

DATES: Written comments must be received by October 27, 2016.

ADDRESSES: You may submit comments identified by ``NOAA-NMFS-2016-
0121'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0121, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Mary Janine Vara, NMFS 
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 
33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Mary Janine Vara, NMFS Southeast 
Regional Office, telephone: 727-824-5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: The coastal migratory pelagics fishery in 
the Atlantic is managed under the Fishery Management Plan for Coastal 
Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region 
(CMP FMP). The dolphin and wahoo fishery in the Atlantic is managed 
under the FMP for the Dolphin and Wahoo Fishery off the Atlantic States 
(Dolphin and Wahoo FMP). The snapper-grouper fishery in the South 
Atlantic is managed under the FMP for the Snapper-Grouper Fishery of 
the South Atlantic Region (Snapper-Grouper FMP). The CMP FMP was 
prepared jointly by the Gulf of Mexico and South Atlantic Fishery 
Management Councils. The Dolphin and Wahoo and Snapper-Grouper FMPs 
were prepared by the Council. The FMPs are implemented by NMFS under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) through regulations at 50 CFR 
part 622.

[[Page 66245]]

    The Council voted at the June 2016 meeting to establish a control 
date of June 15, 2016, for the Federal for-hire component of the 
recreational sectors of the Atlantic coastal migratory pelagics, 
Atlantic dolphin and wahoo, and South Atlantic snapper-grouper 
fisheries. The Federal charter vessel/headboat permit for these 
recreational for-hire components is currently open access, available to 
anyone with a valid vessel registration. The control date enables the 
Council to inform current and potential participants that it is 
considering whether to create restrictions that limit fishery 
participation in the Federal for-hire component of the recreational 
sectors for Atlantic coastal migratory pelagics, Atlantic dolphin and 
wahoo, and South Atlantic snapper-grouper.
    This proposed rule informs current and potential fishery 
participants in the Federal for-hire component of the recreational 
sectors for Atlantic coastal migratory pelagics, Atlantic dolphin and 
wahoo, and South Atlantic snapper-grouper that begin participating 
after June 15, 2016, they may not be ensured participation under future 
management of these fisheries. If the Council decides to amend the FMPs 
to restrict participation in the Federal for-hire component of the 
recreational sectors of the Atlantic coastal migratory pelagics, 
Atlantic dolphin and wahoo, or South Atlantic snapper-grouper fisheries 
in relation to this control date, an analysis of the specific 
administrative, biological, economic, and social effects will be 
prepared at that time.
    Publication of the control date in the Federal Register informs 
participants of the Council's considerations, and gives notice to 
anyone obtaining a Federal for-hire permit for the Atlantic coastal 
migratory pelagics, Atlantic dolphin and wahoo, or South Atlantic 
snapper-grouper recreational sectors after the control date that they 
would not be assured of future access to the recreational sector 
components should management changes be implemented that would restrict 
participation. Implementation of any such management changes by the 
Council would require preparation of amendments to the respective FMPs 
and publication of a notice of availability and proposed rule in the 
Federal Register with public comment periods, and if approved by the 
Secretary of Commerce, issuance of a final rule.
    Fishermen are not guaranteed future participation in a fishery, 
sector, or component within a sector regardless of when they obtained 
their permits or their level of participation in the fishery, sector, 
or component within a sector before or after the control date under 
consideration. The Council subsequently may choose a different control 
date or they may choose different management approaches without using a 
control date. The Council also may choose to take no further action to 
control entry or access to the Federal for-hire component of the 
recreational sectors of the Atlantic coastal migratory pelagics, 
Atlantic dolphin and wahoo, or South Atlantic snapper-grouper 
fisheries, in which case the control date may be rescinded.
    This notification also gives the public notice that interested 
participants should locate and preserve records that substantiate and 
verify their participation in the Federal for-hire component of the 
recreational sectors of the Atlantic coastal migratory pelagics, 
Atlantic dolphin and wahoo, or South Atlantic snapper-grouper 
fisheries.

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

    Dated: September 20, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-23226 Filed 9-26-16; 8:45 am]
 BILLING CODE 3510-22-P