Stone Crab Fishery of the Gulf of Mexico; Amendment 6

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 654

[Docket No. 980501114-8114-01; 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: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement Amendment 6 to the

Fishery Management Plan for the Stone Crab Fishery of the Gulf of

Mexico (FMP). Amendment 6 would extend, for up to 4 years, the existing

temporary moratorium on the Federal registration of stone crab vessels.

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: Written comments will be considered if received on or before

June 29, 1998.

ADDRESSES: Send comments on the proposed rule to the Southeast Regional

Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702.

Requests for copies of Amendment 6, which includes a regulatory impact

review and an environmental assessment, should be sent to the Gulf of

Mexico Fishery Management Council, 3018 U.S. Highway 301 North, Suite

1000, Tampa, FL 33619-2266; Phone: 813-228-2815; Fax: 813-225-7015.

FOR FURTHER INFORMATION CONTACT: Michael E. Justen, 813-570-5305.

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.

Background

Final regulations implemented the FMP on September 30, 1979 (44 FR

53519), and apply only to the exclusive economic zone (EEZ) off

Florida's west coast (including Monroe County), the primary location of

the directed stone crab fishery.

The original FMP required vessels to be registered by the

appropriate state or Federal agency and assigned an identification

number and color code for the vessel and gear. Federal regulations

allowed fishermen to obtain a Federal identification number and color

code from the NMFS Southeast Regional Office, if the applicant could

not obtain an identification number and color code from Florida.

However, the NMFS Southeast Regional Office has never issued an

identification number and color code to anyone to participate in the

stone crab fishery because fishermen could obtain them from Florida.

Amendment 5, implemented on April 14, 1995 (60 FR 13918), placed a

3-year moratorium (April 15, 1995 - June 30, 1998) on the Federal

registration of stone crab vessels. The Council recommended, and NMFS

approved and implemented, the Federal moratorium because the Florida

Legislature passed a moratorium on the issuance of state permits,

effective July 1, 1995, while the Florida Marine Fisheries Commission

(FMFC), in cooperation with the stone crab industry, considered

development

[[Page 26766]]

of a limited access system. Without the Federal moratorium, fishermen

could have circumvented the state moratorium.

The Council recommended Amendment 6 to extend the Federal

moratorium on vessel registration for up to 4 years (i.e., through June

30, 2002) because it is concerned that legislative action by Florida to

create a limited access system may be delayed beyond June 30, 1998.

If the Federal moratorium expires on June 30, 1998, anyone could

apply to NMFS for vessel registration. Substantial entry into the stone

crab fishery would adversely affect current participants in the fishery

by reducing their respective shares of the harvest. The fishery is

already overcapitalized both in gear deployed, with approximately

798,000 traps deployed in 1995-96, and in the number of permitted

vessels. As of July 1, 1995, there were 6,501 commercial permits

issued. Only 1,556 permit holders, however, had stone crab landings,

and 70 percent of them, or 1,102 permittees, had annual landings of 500

lb (225 kg) or less. Landings have not increased significantly since

1982-83, when approximately 350,000 traps were deployed. Catch-per-

unit-of-effort has declined significantly since then.

In cooperation with the stone crab industry, the FMFC has proposed

to the Florida Legislature a limited access program that contains

provisions for a license limitation system that would exclude permit

holders with no record of landings during recent years. The Florida

Legislature is expected to pass this limited access program in 1999

with the state law to become effective July 1, 1999. The Council will

then submit a regulatory amendment to extend the license limitation

program to Federal waters off Florida's Gulf coast, including Monroe

County.

Management Measures in Amendment 6

Amendment 6 would continue, for up to 4 years, the FMP's temporary

moratorium on the Federal registration of stone crab vessels. This

Federal moratorium would end no later than June 30, 2002.

Control Date

At the Council's request, NMFS published a control date of July 24,

1995, for the commercial fishery (60 FR 37868, July 24, 1995). That

action notified fishermen entering the commercial stone crab fishery

that after that date they may not be allowed to participate in the

fishery if that date is used in a limited access program to limit

entry.

Availability of and Comments on Amendment 6

Additional background and rationale for the measures discussed

above are contained in Amendment 6, the availability of which was

announced in the Federal Register on April 23, 1998 (63 FR 20163).

Written comments on Amendment 6 must be received on or before June 22,

1998. Comments that are received by NMFS on or before June 22, 1998,

whether specifically directed to Amendment 6 or the proposed rule, will

be considered by NMFS in its decision to approve, disapprove, or

partially approve Amendment 6. Comments received after that date will

not be considered by NMFS in this decision. All comments received on

Amendment 6 or on this proposed rule during their respective comment

periods will be addressed in the preamble to the final rule.

Classification

At this time, NMFS has not made a final determination that the

provisions of Amendment 6 are consistent with the national standards,

other provisions of the Magnuson-Stevens Act, and other applicable

laws. In making that final determination, NMFS will take into account

the data, views, and comments received during the comment period.

This proposed rule has been determined to be not significant for

purposes of E.O. 12866.

The Assistant General Council for Legislation and Regulation of the

Department of Commerce, based on the Council's Regulatory Impact Review

(RIR) that assesses the economic impact of maangement measures proposed

in this rule on fishery participants, certified to the Chief Counsel

for Advocacy of the Small Business Administration that this proposed

rule, if adopted, would not have a significant economic impact on a

substantial number of small entities as follows:

The regulations are not likely to change annual gross revenues

by more than 5 percent. Instead, the Federal moratorium would simply

maintain current rules, and vessels would not be subjected to a

regulatory-induced reduction in gross revenue.

Annual compliance costs are not likely to increase total costs

of production for small entities by more than 5 percent. It has been

estimated that there would be no additional costs associated with

compliance with the provisions of this amendment, as no additional

permits, gear modifications, or other changes are required.

Compliance costs as a percent of sales for small entities are

not likely to be at least 10 percent higher than compliance costs as

a percent of sales for large entities. All the firms expected to be

impacted by the rule are small entities and hence there is no

differential impact.

Capital costs of compliance are not likely to represent a

significant portion of capital available to small entities,

considering internal cash flow and external financing capabilities.

Significant effects of this type are not expected to occur from any

of the alternatives that would extend the moratorium.

The requirements of the regulations are not likely to force a

number of the small entities to cease operations. The action to

extend the moratorium would not force any vessels out of the

fishery.

As a result, a regulatory flexibility analysis was not prepared. A

copy of the RIR is available from the Council (see ADDRESSES).

List of Subjects in 50 CFR Part 654

Fisheries, Fishing.

Dated: May 8, 1998.

David L. Evans,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR part 654 is

proposed to be 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 Florida. (See

Sec. 654.6(a).)

[FR Doc. 98-12843 Filed 5-13-98; 8:45 am]

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