[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)] [Proposed Rules] [Pages 17770-17771] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-8623] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Chapter VI [Docket No. 950316075-5075-01; I.D. 022895C] RIN 0648-AH86 Golden Crab Fishery off the Southern Atlantic States; 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. ----------------------------------------------------------------------- SUMMARY: This notice announces that the South Atlantic Fishery Management Council (Council) is considering whether there is a need to impose management measures in the golden crab fishery in the exclusive economic zone (EEZ) off the southern Atlantic states, and if there is a need, what management measures should be imposed. If it is determined that there is a need to impose management measures, the Council may initiate a rulemaking to do so. Possible measures include the establishment of a limited entry program to control participation or effort in the fishery. If a limited entry program is established, the Council is considering April 7, 1995, 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 May 8, 1995. ADDRESSES: Comments should be directed to the South Atlantic Fishery Management Council, Southpark Building, Suite 306, 1 Southpark Circle, Charleston, SC 29407-4699. FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-570-5305. SUPPLEMENTARY INFORMATION: The golden crab fishery is not currently managed under a fishery management plan (FMP) prepared under the authority of the Magnuson Fishery Conservation and Management Act. However, there is a small scale trap fishery for golden crabs (Chaceon fenneri) in the EEZ off the southern Atlantic states. The fishery is prosecuted primarily in depths of 110 to 220 fathoms (approximately 200 to 400 m) on sand, mud, and clay bottoms. The fishery has operated sporadically off North and South Carolina and off the east coast of Florida. The fishery is currently operating 8 to 10 miles (15 to 19 km) off Miami, FL. Information on the fishery is limited--the number of fishermen, number of traps, and current production are unknown. In February 1995, the Council held a scoping meeting to solicit input from the industry and public on the need for management of the golden crab fishery. Based on the results of the meeting, the Council began development of management options for the fishery. The range of options the Council will consider include data collection, area restrictions, seasons, size limits, trap escape panel requirements, prohibition on harvest of females, and limited entry or access. Implementation of any management measures for the fishery would require preparation by the Council of a new FMP or amendment to an existing FMP to include golden crab. The Council will discuss these issues at its April 10-14, 1995, meeting in Savannah, GA. In either event, publication of a proposed rule with a public comment period, NMFS' approval of the FMP or amendment, and publication of a final rule would be required. As the Council considers management options, including limited entry or access-controlled management regimes, some fishermen who do not currently harvest golden crab, and have never done so, may decide to enter the fishery for the sole purpose of establishing a record of making commercial landings of golden crab. 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. If management measures to limit participation or effort in the fishery are determined to be necessary, the Council is considering April 7, 1995 as the control date. After that date, anyone entering the fishery may not be assured of future participation in the fishery if a management regime is developed and implemented that limits the number of participants in 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 golden crab fishery. Fishermen are not guaranteed future participation in the golden crab fishery regardless of their date of entry or intensity of participation in the fishery before or after the control date [[Page 17771]] under consideration. The Council may subsequently 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 in the fishery before and after the control date. Other qualifying criteria, such as documentation of commercial landings and sales, may be applied for entry. The Council may choose also to take no further action to control entry or access to the fishery, in which case the control date may be rescinded. Authority: 16 U.S.C. 1801 et seq. Dated: April 3, 1995. Gary Matlock, Program Management Officer, National Marine Fisheries Service. [FR Doc. 95-8623 Filed 4-6-95; 8:45 am] BILLING CODE 3510-22-F