Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico and South Atlantic coastal migratory pelagic resources,

[Federal Register: May 24, 1999 (Volume 64, Number 99)]

[Proposed Rules]

[Page 27951-27952]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr24my99-27]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 990514134-9134-01; I.D. 042399C]

RIN 0648-AM60

Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic States; Control Date for the Commercial Gillnet Fishery for Atlantic Group King Mackerel North of Cape Lookout, North Carolina

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

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

SUMMARY: This notice announces that the South Atlantic Fishery Management Council (Council) is considering whether there is a need to impose additional management measures limiting entry into the commercial gillnet fishery for Atlantic group king mackerel north of Cape Lookout, North Carolina, and if there is a need, what management measures should be imposed. If the Council determines that there is a need to impose additional management measures, it may initiate a rulemaking to do so. Possible measures include the establishment of a limited entry program to control participation or effort in this fishery. If a limited entry program is established, the Council is considering May 24, 1999, as a possible control date. Consideration of a control date is intended to discourage new entry into the fishery based on economic speculation during the Council's deliberation on the issues. DATES: Comments must be submitted by June 23, 1999. ADDRESSES: Comments should be directed to the South Atlantic Fishery Management Council, One Southpark Circle, Suite 306, Charleston, South Carolina 29407-4699; Telephone: 843-571-4366; Fax: 843-769-4520.

[[Page 27952]]

FOR FURTHER INFORMATION CONTACT: Steve Branstetter or Mark Godcharles, 727-570-5305.

SUPPLEMENTARY INFORMATION: The commercial fishery for Atlantic group king mackerel in the South Atlantic exclusive economic zone (EEZ) is managed jointly by the Gulf of Mexico and South Atlantic Councils under the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic. A moratorium on issuing new commercial permits for king mackerel fisheries in the Gulf or Atlantic EEZ has been in effect since March 4, 1998, and will remain in effect through October 15, 2000 (63 FR 10561; March 4, 1998). Currently, about 280, 50, and 20 king mackerel federal permits are issued to vessels that homeport in North Carolina, South Carolina, and Virginia, respectively.

A gillnet (sinknet) fishery for Atlantic group king mackerel is conducted seasonally north of Cape Lookout, North Carolina, and it is the intent of the Council to allow for the continuation of this fishery. However, the Council has concerns that there may be considerable effort shifted to the Atlantic group king mackerel fishery in the North Carolina area in the future. Additionally, this fishing effort has been taking a larger proportion of the total quota. This impinges on the historical catch of the hook-and-line fishers, who represent the more common fishing effort. The Council is also concerned about the potential for expanded entry into this fishery when the permit moratorium expires.

At its June 1998 meeting, the Council voted unanimously to establish a control date for the commercial gillnet fishery for Atlantic group king mackerel north of Cape Lookout, North Carolina. This notice informs the industry that the Council is considering future action to control the number of participants in this fishery. Anyone entering the fishery after the control date would not be assured of future access should a management regime that limits the number of participants in the fishery be prepared and implemented. The Council requested that the control date be published in the Federal Register to provide timely notice to the industry. Implementation of any such program that limits participation or effort in the fishery would require preparation of an amendment to the respective fishery management plan and publication of a notice of availability and proposed rule with pertinent public comment periods.

If management measures to limit participation or effort in the fishery are determined to be necessary, the Council is considering May 24, 1999, as the control date. After that date, anyone entering the commercial gillnet fishery for Atlantic group king mackerel fishery north of Cape Lookout, North Carolina, may not be assured of future participation in the fishery if a management regime is developed and implemented that limits the number of fishery participants.

Consideration of a control date does not commit the Council or NMFS to any particular management regime or criteria for entry into this fishery. Fishermen are not guaranteed future participation in the 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 it may choose a management regime that does not make use of such a date. The Council may choose to give variably weighted consideration to fishermen active in the fishery before and after the control date. Other qualifying criteria, such as documentation of landings and sales, may be applied for entry in the fishery. The Council also may choose to take no further action to control entry or access to the fishery, in which case the control date may be rescinded. This notice has been determined to be not significant for purposes of E.O. 12866.

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

Dated: May 18, 1999. Andrew A. Rosenberg, Deputy Assistant Administrator for Fisheries, National Marine Fisheries Service.

[FR Doc. 99-13085Filed5-21-99; 8:45 am]

BILLING CODE 3510-22-F

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