Fishery conservation and management: Carribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico stone crab,

[Federal Register: August 20, 1998 (Volume 63, Number 161)]

[Rules and Regulations]

[Page 44595]

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

[DOCID:fr20au98-15]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 654

[Docket No. 980501114-8213-02; I.D. 041698G]

RIN 0648-AK48

Stone Crab Fishery of the Gulf of Mexico; Amendment 6

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

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to implement Amendment 6 to the Fishery Management Plan for the Stone Crab Fishery of the Gulf of Mexico (FMP). Amendment 6 and this rule will reinstate for up to 4 years (through June 30, 2002) the previously existing temporary moratorium on the Federal registration of stone crab vessels that expired on June 30, 1998. The intended effect is to provide additional time for the industry and Florida to develop and implement a limited access system for the fishery.

DATES: This rule is effective August 20, 1998.

FOR FURTHER INFORMATION CONTACT: Michael E. Justen, 727-570-5305.

SUPPLEMENTARY INFORMATION: The FMP was prepared by the Gulf of Mexico Fishery Management Council (Council) and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 654.

On April 23, 1998, NMFS announced the availability of Amendment 6 and requested comments on the amendment (63 FR 20162). On May 14, 1998, NMFS published a proposed rule to implement Amendment 6 and requested comments on the rule (63 FR 26765). The background and rationale for the measures in the amendment and proposed rule are contained in the preamble to the proposed rule and are not repeated here. On July 22, 1998, after considering the comments received on the amendment and the proposed rule, NMFS approved Amendment 6.

Comments and Responses

Two public comments were received on Amendment 6 and/or the proposed rule. The U.S. Fish and Wildlife Service submitted comments supporting Amendment 6. Comments from the U.S. Coast Guard concluded that there were no vessel safety or enforcement concerns. NMFS concurs with these comments. The proposed rule has been adopted as final without change.

Classification

The Administrator, Southeast Region, NMFS, with the concurrence of the Assistant Administrator for Fisheries, NOAA (AA), determined that Amendment 6 is necessary for the conservation and management of the stone crab fishery of the Gulf of Mexico and that Amendment 6 is consistent with the Magnuson-Stevens Act and other applicable law.

This final rule has been determined to be not significant for purposes of E.O. 12866.

The Assistant General Counsel for Legislation and Regulation of the Department of Commerce, based on the Council's Regulatory Impact Review that assesses the economic impacts of management measures in this rule on fishery participants, certified to the Chief Counsel for Advocacy of the Small Business Administration that this rule would not have a significant economic impact on a substantial number of small entities. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not prepared.

Because this rule merely reinitiates a moratorium that was in place until June 30, 1998, and does not require any participants in the fishery to take action to come into compliance, the AA finds for good cause under 5 U.S.C. 553(d)(3) that delaying the effective date of this rule for 30 days is unnecessary. Accordingly, the AA reinitiates the moratorium effective upon the date of publication in the Federal Register.

List of Subjects in 50 CFR Part 654

Fisheries, Fishing.

Dated: August 14, 1998. Rolland A. Schmitten, Assistant Administrator for Fisheries, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 654 is amended as follows:

PART 654--STONE CRAB FISHERY OF THE GULF OF MEXICO

1. The authority citation for part 654 continues to read as follows:

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

2. In Sec. 654.3, paragraph (d) is revised to read as follows.

   Sec. 654.3 Relation to other laws.

   * * * * *

   (d) Under Amendment 6 to the Fishery Management Plan for the Stone Crab Fishery of the Gulf of Mexico, there is a temporary moratorium on the issuance by the Regional Director of Federal identification numbers and color codes for vessels and gear in the stone crab fishery in the management area. The moratorium will end not later than June 30, 2002. During the moratorium, fishermen must obtain identification numbers and color codes for these vessels and gear from the State of Florida. (See Sec. 654.6(a).)

   [FR Doc. 98-22431Filed8-19-98; 8:45 am]

   BILLING CODE 3510-22-F