[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Proposed Rules]
[Pages 3832-3833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1272]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Chapter VI
[I.D. 011295A]
Atlantic Coast Weakfish; Intent to Prepare an EIS
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 3833]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent to prepare an environmental impact statement
(EIS) and request for written comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces its intent to prepare an EIS to assess the
impact of Atlantic Coast weakfish harvests and proposed regulations on
the natural and human environment. This notice of intent requests
public input (written comments) on issues that NMFS should consider in
preparing the EIS. Public hearings for the EIS will be scheduled at a
later date. The EIS will evaluate the effects on the recovery of
weakfish, as well as the effects on harvest of proposed regulations. In
addition, this notice provides information on recent stock assessments
for the Atlantic Coast weakfish and announces that NMFS is considering
measures for the 1995 fishing year and beyond for the Atlantic Coast
weakfish fishery in the exclusive economic zone (EEZ).
DATES: Written comments on the intent to prepare the EIS will be
accepted until February 1, 1995. Public hearings will be announced in
the Federal Register at a later date.
ADDRESSES: Comments should be sent to: Richard H. Schaefer, Director,
Office of Fisheries Conservation and Management (F/CM), National Marine
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: William T. Hogarth, telephone (301)
713-2347.
SUPPLEMENTARY INFORMATION:
Section 804(b) of the Atlantic Coastal Fisheries Cooperative
Management Act (ACFCMA) enacted in December 1993, (Public Law 103-206)
states that, in the absence of an approved and implemented fishery
management plan (FMP) under the Magnuson Fishery Conservation and
Management Act (Magnuson Act), 16 U.S.C. 1801 et seq., and after
consultation with the appropriate Fishery Management Council(s)
(Council), the Secretary of Commerce (Secretary) may implement
regulations to govern fishing in the EEZ that are:
1. Necessary to support the effective implementation of an Atlantic
States Marine Fisheries Commission (Commission) coastal fishery
management plan (CFMP); and
2. Consistent with the national standards set forth in section 301
of the Magnuson Act (16 U.S.C. 1851).
These regulations may include measures recommended by the
Commission to the Secretary that are necessary to support the
provisions of a CFMP. Regulations issued by the Secretary to implement
an approved FMP prepared by the appropriate Council(s) or the Secretary
under the Magnuson Act shall supersede any conflicting regulations
issued by the Secretary under section 804(b) of ACFCMA.
The provisions of sections 307 through 311 of the Magnuson Act (16
U.S.C. 1857 through 1861) regarding prohibited acts, civil penalties,
criminal offenses, civil forfeitures, and enforcement shall apply with
respect to regulations issued under section 804(b) of ACFCMA as if such
regulations were issued under the Magnuson Act.
Management responsibility for weakfish resides primarily with the
coastal states through the Commission's CFMP for weakfish (Plan). This
Plan was adopted in 1985 by the coastal states from Maine through
Florida in response to severe declines in the weakfish catches and
populations along the coast. Increasingly strict state regulations have
been imposed by amendments to the Plan since 1985 to restrict further
the harvest of weakfish by recreational and commercial fisheries and to
allow rebuilding of the stocks.
However, even with these restrictions, the weakfish population is
not showing signs of recovery. In fact, the 1993 stock assessment
suggests the beginning of recruitment failure; the fishing mortality
rate (F) for the population is 1.3, i.e., 79 percent of the population
is harvested each year; only 2 percent of the population achieves
spawning age; and fishing is conducted primarily on 0- and 1-year-old
fish. Moreover, overall landings (recreational and commercial) have
declined from over 80 million pounds (36 million kg) in 1980 to 7.8
million pounds (3.5 million kg) in 1993; the recreational catch has
declined from 54 percent of the total landings in 1980 to 12 percent in
1993; and the commercial fishing effort has shifted, with 55 and 52
percent of the total commercial landings in 1992 and 1993,
respectively, being taken in the EEZ compared with a low of 14 percent
in 1973 and an average of 36 percent for the years 1972-93. These data
clearly indicate that the weakfish stock is overfished and beginning to
suffer recruitment failure. Harvest restrictions are definitely needed
if weakfish are to recover.
Based on the recent stock assessments, NMFS will consider measures
to regulate the Atlantic Coast weakfish fishery in the EEZ for the 1995
fishing year and beyond, including: (1) A prohibition on the taking or
possession of weakfish in the EEZ; (2) applying state regulations to
the EEZ; (3) imposition of specific Federal regulations on weakfish
fishing in the EEZ; and (4) status quo or no action taken.
The Mid-Atlantic Council's workload will not permit it to undertake
a Plan at this time. NMFS has determined that regulations in the EEZ
must be implemented to support the CFMP for weakfish if there is to be
a cooperative state and Federal effort to rebuild the weakfish stock.
NMFS has determined that the preparation of an EIS is appropriate,
because of the potentially significant impact of EEZ regulations on the
human environment and because no EIS currently exists. Participants in
this fishery will be affected and may face more limited access to the
weakfish resource, while the natural stocks of weakfish are allowed to
recover.
Dated: January 12, 1995.
Richard H. Schaefer,
Director, Office of Fisheries Conservation and Management, National
Marine Fisheries Service.
[FR Doc. 95-1272 Filed 1-18-95; 8:45 am]
BILLING CODE 3510-22-F
