Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic States; Recreational-for-hire Fisheries; Control Date

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 981109280-8280-01; I.D. 101498F]

RIN 0648-AM03

Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;

Reef Fish Fishery of the Gulf of Mexico; Coastal Migratory Pelagic

Resources of the Gulf of Mexico and South Atlantic States;

Recreational-for-hire Fisheries; Control Date

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Advance notice of proposed rulemaking; consideration of a

control date.

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SUMMARY: This notice announces that the Gulf of Mexico Fishery

Management Council (Council) is considering whether there is a need to

impose additional management measures limiting entry into the

recreational-for-hire (i.e., charter vessel and headboat) fisheries for

reef fish and coastal migratory pelagic fish in the exclusive economic

zone (EEZ) of the Gulf of Mexico 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 the recreational-for-hire fisheries for reef fish and coastal

migratory pelagics. If a limited entry program is established, the

Council is considering November 18, 1998, as a possible control date.

Consideration of a control date is intended to discourage new entry

into the fisheries based on economic speculation during the Council's

deliberation on the issues.

DATES: Comments must be submitted by December 18, 1998.

ADDRESSES: Comments should be directed to the Gulf of Mexico Fishery

Management Council, 3018 U.S. Highway 301 North, Suite 1000, Tampa, FL

33619-2266; Fax: 813-225-7015.

FOR FURTHER INFORMATION CONTACT: Mark Godcharles or Robert Sadler, 727-

570-5305.

SUPPLEMENTARY INFORMATION: The recreational-for-hire fisheries for reef

fish and coastal migratory pelagic fish in the EEZ of the Gulf of

Mexico are

managed respectively under the Fishery Management Plans for the Reef

Fish Resources of the Gulf of Mexico (Gulf) and the Coastal Migratory

Pelagic Resources of the Gulf and South Atlantic (FMPs). The FMP for

the Gulf of Mexico reef fish resources was prepared by the Council; the

FMP for coastal migratory pelagic resources was prepared jointly by the

Council and the South Atlantic Fishery Management Council. Both FMPs

were implemented under the authority of the Magnuson-Stevens Fishery

Conservation and Management Act by regulations at 50 CFR part 622. The

FMPs regulate these two recreational-for-hire fisheries and require

permits for charter and headboat vessels participating in them.

Landings of the vessels are regulated through bag, possession, and size

limits. There also is a recreational quota for red snapper.

In both the red snapper and king mackerel fisheries, the

recreational sector, including recreational-for-hire vessels, has

frequently exceeded the allocations set for that sector when total

allowable catch (TAC) is set annually. To prevent the recreational

sector from exceeding its allocation, the Council must either reduce

the bag limits or take some other action to reduce the effort and/or

landings (e.g., seasonal closures, increased size limits). Reduction of

the bag limits is the most effective way to control landings, but such

reductions have adverse economic impacts on the recreational-for-hire

vessels. When the bag limit is reduced to a lower level, some of the

clientele of these vessels cease to fish and to pay for fishing trips.

The Council is, therefore, considering limited entry or other effort

limitation programs for recreational-for-hire vessels.

Implementation of an effort limitation program for these

recreational-for-hire fisheries in the EEZ would require preparation of

amendments to the FMPs by the Council and publication of proposed

implementing rules with a public comment period. NMFS' approval of the

amendments and issuance of final implementing rules also would be

required.

As the Council considers management options, including limited

entry or access-controlled regimes, some fishermen who do not currently

participate in the recreational-for-hire fisheries, and have never done

so, may decide to enter the fisheries for the sole purpose of

establishing a record of landings. When management authorities begin to

consider use of a limited access management regime, this kind of

speculative entry often is responsible for a rapid increase in fishing

effort in fisheries that are already fully developed or overdeveloped.

The original fishery problems, such as overcapitalization or

overfishing, may be exacerbated by the entry of new participants.

In order to avoid this problem, if management measures to limit

participation or effort in the fisheries are determined to be

necessary, the Council is considering November 18, 1998, as the control

date. After that date, anyone entering these recreational-for-hire

fisheries may not be assured of future participation in the fisheries

if a management regime is developed and implemented limiting the number

of fishery participants.

The Council previously established a control date of October 16,

1995, (60 FR 53576, October 16, 1995) for the recreational-for-hire

fishery for Gulf king mackerel. It is the Council's intent that the

November 18, 1998 control date established by this advance notice of

proposed rulemaking supersede the October 15, 1995, control date for

that sector of the fishery.

Consideration of a control date does not commit the Council or NMFS

to any particular management regime or criteria for entry into the

recreational-for-hire fisheries. Fishermen are not guaranteed future

participation in these fisheries, regardless of their entry date or

intensity of participation in the fisheries 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 fisheries before and

after the control date. Other qualifying criteria, such as

documentation of landings and sales, may be applied for entry. The

Council also may choose to take no further action to control entry or

access to the fisheries, in which case the control date may be

rescinded.

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

Dated: November 12, 1998.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

[FR Doc. 98-30835 Filed 11-17-98; 8:45 am]

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