Date: June 29, 2000
Federal Register summary: “The Pacific Fishery Management Council (Council) as authorized by the American Fisheries Act (AFA) is considering management measures to recommend to the Secretary of Commerce (Secretary) to protect the Pacific Coast groundfish fisheries from adverse impacts caused by the AFA. This document announces a control date of June 29, 2000; any limited entry permit on that date owned by an owner of a vessel eligible for benefits under the AFA (AFA-qualified) and registered for use with an AFA-qualified vessel that does not meet minimum participation requirements that may be established in the future may be subject to restrictions on being registered to participate in the Pacific Coast groundfish fisheries. Additionally, participation by AFA qualified catcher/processors and motherships not previously active in the at-sea whiting fishery may be restricted. The intended effect of this action is to discourage speculative entry or increased effort in the Pacific Coast groundfish fisheries by entities eligible for AFA benefits and to provide notice of potential permit restrictions or revocation to purchasers or lessees of limited entry permits owned by AFA-qualified vessel owners and registered for use with AFA-qualified vessels.” 65 FR 55214, September 13, 2000
Who affected: Owners of vessels eligible for benefits under the American Fisheries Act (AFA) who own limited- entry permits registered for use with an AFA-qualified vessel.
Why: To discourage speculative entry or increased effort in the Pacific Coast groundfish fisheries by entities eligible for AFA benefits, and to provide notice of potential permit restrictions or revocation to purchasers or lessees of limited entry permits owned by AFA-qualified vessel owners and registered for use with AFA-qualified vessels. (See September 16, 1999 control date for more background).
In 2000, the Council reviewed alternatives for providing protection to Pacific Coast groundfish fisheries from AFA-qualified vessels and processors that failed to meet minimum participation requirements in the Pacific Coast groundfish fisheries. In addition, the Council considered whether to restrict, suspend, or void permits registered to AFA-qualified vessels if the vessels did not meet the participation requirements. The Council voted to establish a control date of June 29, 2000. The Council also considered restricting future participation in the whiting fishery by AFA-qualified motherships and catcher/processors that did not have a history in the fishery.
What is a control date?
Control dates are published as an “advanced notice of proposed rulemaking” in the Federal Register.
When the Council begins considering a new limited entry program or the revision of an existing program, it often announces a control date. A control date tells the public that the Council may recommend that activities occurring after that date not count toward qualification for the limited entry program (or modification) being considered. Fishers are not guaranteed future participation, regardless of their date of activity or level of participation in the fishery. Interested parties are urged to contact the Pacific Council office to stay informed of the development of any planned regulations.
Announcement of a control date does not commit the Pacific Council to developing any particular management regime or to use any specific criteria for determining participation in a fishery. The Pacific Council may choose a different control date or a management program that does not make use of such a date. The Pacific Council may also choose to take no further action to modify or control entry or access to the fishery.
Any action by the Pacific Council will be taken pursuant to the requirement for FMP development established under the Magnuson-Stevens Act, may require amendment of the regulations implementing the related FMP, and possibly require amendment of the FMP itself. Such action will entail a proposal for an FMP regulatory amendment with public input and a supporting analysis, NMFS approval, and appropriate rulemaking procedures. These advance notices of proposed rulemakings have been determined to be not significant for purposes of Executive Order 12866.