[Federal Register Volume 59, Number 1 (Monday, January 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-32010]
[[Page Unknown]]
[Federal Register: January 3, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 651
[Docket No. 931243-3343; I.D. No. 112293A]
Northeast Multispecies Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency interim rule.
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SUMMARY: The Secretary of Commerce (Secretary) amends the regulations
implementing the Fishery Management Plan for the Northeast Multispecies
Fishery (FMP). This emergency interim rule implements: A 500-pound
(226.8 kg) possession limit of haddock for all vessels permitted under
50 CFR 651.4 and to all vessels in possession of haddock from or in the
exclusive economic zone (EEZ), except scallop dredge vessels, which are
prohibited from possessing or landing haddock; a January through May
closure of the area known as Closed Area II, except for lobster pot
vessels and scallop dredge vessels; an expansion of Closed Area II by
20 minutes longitude to the west and 15 minutes latitude to the south,
along its existing western and southern boundaries, intersecting with
the Regulated Mesh Boundary line; a suspension of the February through
May closure of the area known as Closed Area I, except for vessels
using sink gillnet gear; a prohibition on transfer of fish at sea; and
a ban on pair trawling in the multispecies fishery. The intended effect
of this rule is to provide protection to depleted haddock and cod
stocks.
EFFECTIVE DATES: January 3, 1994, through April 2, 1994.
ADDRESSES: Copies of the Environmental Assessment (EA) supporting this
action may be obtained from Richard B. Roe, Regional Director, National
Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: Patricia A. Kurkul (Senior Fishery
Policy Analyst, Northeast Region, NMFS), 508-281-9252.
SUPPLEMENTARY INFORMATION: The primary Northeast multispecies
(groundfish) species have declined to record or near record low levels
of stock abundance due largely to record high fishing mortality caused
by increased fishing effort. To correct this, the New England Fishery
Management Council (Council) developed Amendment 5 to the FMP, which
has been submitted to the Secretary for review under the Magnuson
Fishery Conservation and Management Act (Magnuson Act) and other
applicable law. Amendment 5 contains proposals that the Council
believes will eliminate the overfished condition of cod and yellowtail
flounder over a 5-year period and haddock over a 10-year period. The
measures proposed include: Reductions in fishing time; a moratorium on
new permits; an increased minimum net mesh size; modifications to
existing closed areas; additional closed areas and control areas for
juvenile fish; possession limits on regulated species when possessing
small mesh on board; and a possession limit on haddock. A proposed rule
to implement these measures was published on October 27, 1993 (58 FR
57774). However, a proposed possession limit of 5,000 pounds (2,268 kg)
for haddock contained in Amendment 5 was disapproved on September 30,
1993. The Director, Northeast Region, NMFS (Regional Director) advised
the Council on September 30, 1993, that the proposed haddock possession
limit offered inadequate protection for that species, and the Council
should seriously consider whether any haddock should be landed.
The Council previously recommended that an emergency action
implemented last June, which prohibited the use of pair trawls and
imposed a 2,500-pound (1,134-kg) haddock trip limit, be extended for an
additional 90 days. This request was denied and the emergency action
expired on September 7, 1993. The disapproval was based on the fact
that haddock are not concentrated during the period of time covered by
the extension and, therefore, the recommended management measures were
not warranted under emergency rulemaking. The Regional Director
requested the Council to consider more restrictive measures, including
a meaningful trip limit for haddock. This was reiterated when the
Council was informed that the 5,000-pound (2,268-kg) haddock trip limit
proposed in Amendment 5 had been disapproved.
Of particular concern are the haddock stocks on both Georges Bank
and in the Gulf of Maine, which are at all-time low levels of
abundance. Adult stock biomass is lower now than at any point since the
inception of stock assessments. Haddock landings in 1993, which reflect
stock condition, are expected to be the lowest in recorded history. The
stock condition and landings will continue to decline until such time
that meaningful measures are implemented that will eliminate the
overfished condition of the stocks and reduce the exploitation rate to
levels that will allow significant rebuilding to take place.
The Council discussed this issue at its October 1993 meeting in
conjunction with its discussion of an amendment to replace the
disapproved portions of Amendment 5. The Council voted to develop an
amendment to implement a 4,000-pound (1,814-kg) haddock trip limit and
to increase the annual Closed Area II closed season from February
through May, to January through June. The Council also voted to rescind
the geographical expansion of Closed Area II proposed in Amendment 5,
in part, as a compromise to the industry for imposing a longer time
period for the closure. This represented a departure from Amendment 5,
which calls for immediate expansion of the size of Closed Area II and,
in year 3 and thereafter, an expansion in the duration of the closed
season.
After adopting amended language for the disapproved measure in
Amendment 5, the Council voted to request emergency Secretarial action
to implement the same measures beginning January 1, 1994. In addition,
the Council requested emergency implementation, beginning January 1,
1994, of a suspension of the closure of Closed Area I to vessels using
other than sink gillnet gear and a prohibition on pair trawling, both
of which are proposed in Amendment 5. NMFS determined, however, that
some of the emergency measures recommended by the Council were
inadequate to provide sufficient protection of these stocks, and that
more restrictive measures must be implemented to provide essential
protection particularly in light of new analysis of the condition of
the haddock stocks.
The Regional Director presented the new analysis of the condition
of the stocks to the Council at its November 23 Multispecies Oversight
Committee meeting and at its December 8-9 Council meeting and, in
response, the Council amended its recommendation on emergency action.
The Council proposed: An immediate closure of the expanded Closed Area
II (beginning January 1, 1994); a prohibition on pair trawling; a
haddock possession limit between 500 (226.8 kg) and 1,000 pounds (453.6
kg), at the discretion of the Regional Director, and a request that the
Regional Director consider whether scallop dredges should be prohibited
from the haddock spawning area during the closure of Area II.
The Secretary concurs with the Council's recommendation and the
Regional Director's determination that the haddock possession limit
should be 500 pounds (226.8 kg). In making these determinations, the
Secretary took into consideration that the haddock stocks are severely
depleted. The 1992 spawning stock level for the Georges Bank stock is
estimated to be 13,000 metric tons (mt), which is significantly lower
than the 130,000 mt required to provide a maximum sustainable yield of
50,000 mt. The most recent assessment of the Georges Bank haddock stock
conducted by the NMFS Stock Assessment Workshop determined that the
fishing mortality rate in 1991 was 0.52. More recent information from a
Canadian assessment indicates that the 1992 fishing mortality rate was
0.6 and is likely to be higher in 1993.
In determining an overfishing definition for the Georges Bank
haddock stock, the Council chose a percent maximum spawning potential
(%MSP) of 30 percent, which is equivalent to a fishing mortality rate
of 0.4. If this rate were achieved, it would maintain the stock at its
present level over the long term. Given the low stock level, though,
this would not be enough to allow rebuilding to take place. Rebuilding
can only be achieved if the fishing mortality rate is reduced well
below this level. Based upon past history, it is estimated that an
exploitation rate of about 0.1 (10 percent annual removal of the stock
each year) would allow rebuilding to occur. This occurred for several
years prior to a large incoming year class of haddock in 1975, which
allowed the spawning stock to rebuild.
The current exploitation rate of haddock is approximately 0.37. A
500-pound (226.8 kg) haddock possession limit is expected to reduce the
exploitation rate to about 0.1. Achieving this rate will be possible
only if the trip limit is low enough to discourage targeting of haddock
and highgrading, and it does not compromise enforcement efforts. The
500-pound (226.8 kg) possession limit is considered to be the average
number of pounds of haddock per trip that would still be caught
incidental to fishing for other species. Although any possession limit
can provide incentive to target a species, 500 pounds (226.8 kg) is
believed to be low enough to discourage targeting if vessel operators
comply with the limit. A trip limit could also encourage
``highgrading,'' (i.e., filling the trip limit with the highest value
fish and discarding the rest). The prevalence of this problem will
depend to some extent on the willingness of vessel operators to move
out of an area with concentrations of haddock. Both of these potential
situations will be closely monitored and appropriate action taken by
the Regional Director in the event they are determined to be problems.
Finally, a trip limit is expected to make enforcement of these haddock
measures problematic. Compliance with the measures will also be closely
monitored, and should enforceability become compromised, appropriate
action will be taken by the Regional Director, including the
possibility of implementing a prohibition on the possession of haddock
by all vessels. To improve enforceability, this rule prohibits transfer
of fish at sea, requires haddock to be stored separately from other
fish, and requires all vessels to carry a standardized tote so the
amount of haddock on board can be measured at sea.
The expansion of Closed Area II in area and time will provide
additional protection to the concentrations of haddock that occur in
the area in this time period. The January closure will ensure that
haddock beginning to concentrate in the area are provided the fullest
protection. The expansion in size of the closed area is based on
information obtained from interviews with fishermen, which indicate
that large amounts of haddock are taken just outside the closed area.
Allowing the use of mobile gear in Closed Area I is justified
because there have been few if any haddock present in the area for the
last 10 years. This has been confirmed by research trawl surveys
conducted by the NMFS Northeast Fisheries Science Center (NEFSC). The
closure remains in effect for sink gillnet gear because of possible
interaction between the gear and endangered or threatened marine
mammals.
In addition to the expansion and early closure, the Secretary has
determined that, because scallop vessels fish in Closed Area II during
the period when haddock are congregated to spawn, all scallop dredge
vessels should be prohibited from landing or possessing haddock to
ensure that such vessels do not target these concentrations of haddock.
While the Council requested that the Regional Director consider the
question of whether scallop dredges should be prohibited from the area
during the closure, and not a prohibition on landings, the information
provided by the NEFSC does not support precluding scallopers from the
closed area. Therefore, the lesser action is taken to reduce the impact
on scallopers yet provide some protection to spawning haddock.
The Secretary has determined that it is appropriate to include a
pair trawl prohibition in this emergency rule. Many in the fishing
industry believe that a prohibition on pair trawl gear in the
multispecies fishery is warranted as an emergency measure because it is
a highly efficient gear, and its unlimited use during a period of
severely declining haddock and cod stocks is counterproductive to the
goal of reducing effort in an overfished fishery. Information from the
NEFSC for 1992 indicates that, for some vessel classes, catch rates
increase by a factor of 5.85 when using the gear. As a result, there
has been an increase in its use in recent years. This prohibition is
also included in proposed Amendment 5.
Classification
The Secretary has determined that this rule is necessary to respond
to an emergency situation and is consistent with the Magnuson Act and
other applicable law.
The Secretary finds for good cause that the reasons justifying
promulgation of this rule on an emergency basis also make it
impracticable and contrary to the public interest to provide notice and
opportunity for public comment upon, or to delay for 30 days the
effective date of these emergency regulations, under the provisions of
sections 553(b) and (d) of the Administrative Procedure Act. However,
all of the measures have received some public comment during Council
meetings and in connection with the development of Amendment 5 to the
FMP. Implementation of these emergency measures will provide much
needed immediate protection to the declining haddock and cod stocks.
This rule is exempt from the requirements of the Regulatory
Flexibility Act to prepare a regulatory flexibility analysis because
the rule is issued without opportunity for prior public comment, and
none has been prepared.
List of Subjects in 50 CFR Part 651
Fishing, Fisheries, Vessel permits and fees.
Dated: December 27, 1993.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 651 is amended
as follows:
PART 651--NORTHEAST MULTISPECIES FISHERY
1. The authority citation for part 651 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 651.2, the definitions for bottom-tending gillnet or
sink gillnet gear, dredge or dredge gear, offload, pair trawl or pair
trawling, scallop dredge vessel, standard box, standard tote, and
transfer are temporarily added, in alphabetical order, effective
January 3, 1994 through April 2, 1994, to read as follows:
Sec. 651.2 Definitions.
* * * * *
Bottom-tending gillnet or sink gillnet means any gillnet, anchored
or otherwise, that is designed to be, capable of being, or is fished on
or near the bottom in the lower third of the water column.
Dredge or dredge gear means gear consisting of a mouth frame
attached to a holding bag constructed of metal rings, or any other
modification to this design, that can or is used in the harvest of
Atlantic sea scallops.
Offload means to begin to remove, to remove, to pass over the rail,
or otherwise take away fish from any vessel.
Pair trawl or pair trawling means to tow or towing a single net
between two vessels for the purpose of, or that is capable of, catching
multispecies finfish.
Scallop dredge vessel means any fishing vessel that uses or is
equipped for using dredge gear and that has been issued or has applied
for a Federal scallop permit.
Standard box means a box, typically constructed of wax-saturated
cardboard or wood, designed to hold 125 pounds (56.6 kg) of fish plus
ice, and that has a volume of not more than 5,100 cubic inches (2.95
cubic feet or 83.57 cubic dm).
Standard tote means a box typically constructed of plastic,
designed to hold 100 pounds (45.3 kg) of fish plus ice, and that has a
liquid capacity of 70 liters, or a volume of not more than 4320 cubic
inches (2.5 cubic feet or 70.79 cubic dm).
Transfer means to begin to remove, to pass over the rail, or
otherwise take away fish from any vessel and move them to another
conveyance.
* * * * *
3. In Sec. 651.7, paragraphs (a)(3), (a)(4), (a)(5), (a)(6),
(a)(7), (b)(15), (b)(16), (b)(17), (b)(18), (b)(19), (b)(20), and
(b)(21) are temporarily added and paragraph (b)(11) is temporarily
suspended effective January 3, 1994, through April 2, 1994, to read as
follows:
Sec. 651.7 Prohibitions.
(a) * * *
(3) Land haddock from, or possess haddock on board, a sea scallop
dredge vessel as specified in Sec. 651.28(a).
(4) Land, or possess on board a vessel, more than 500 pounds (226.8
kg) of haddock as specified in Sec. 651.28(b) or violate any of the
other provisions specified in Sec. 651.28(b).
(5) Land or possess multispecies finfish harvested by means of pair
trawling except under the provisions of Sec. 651.20(d).
(6) Fish for multispecies finfish by means of pair trawling.
(7) Land, offload, remove, or otherwise transfer or attempt to
land, offload, remove, or otherwise transfer fish from one vessel to
another vessel.
(b) * * *
(15) Use, set, haul back, fish with, or have on board a vessel a
sink gillnet in the area and during the time period described in
Sec. 651.21(c)(1).
(16) Enter the area described in Sec. 651.21(c)(2) on a fishing
vessel during the time period specified in Sec. 651.21(c)(2), except as
specified in Sec. 651.21(c)(3).
(17) Land haddock from, or possess haddock on board, a sea scallop
dredge vessel as specified in Sec. 651.28(a).
(18) Land, or possess on board a vessel, more than 500 pounds
(226.8 kg) of haddock in, or harvested from, the EEZ as specified in
Sec. 651.28(b) or violate any of the other provisions specified in
Sec. 651.28(b).
(19) Land or possess multispecies finfish harvested in, or from,
the EEZ by means of pair trawling, except under the provisions of
Sec. 651.20(d).
(20) Fish for multispecies finfish in the EEZ by means of pair
trawling.
(21) Land, offload, remove, or otherwise transfer, or attempt to
land, offload, remove or otherwise transfer multispecies finfish from
one vessel to another vessel, unless the multispecies finfish were
harvested by a recreational fishing vessel or such vessels have not
been issued a Federal multispecies permit and fish for multispecies
finfish exclusively in state waters.
* * * * *
4. In Sec. 651.20, paragraph (g) is temporarily added effective
January 3, 1994, through April 2, 1994, to read as follows:
Sec. 651.20 Regulated mesh area and gear limitations.
* * * * *
(g) No vessel issued a permit under Sec. 651.4 may pair trawl for
multispecies finfish, as defined under Sec. 651.2, except under the
provisions of paragraph (d) of this section.
5. In Sec. 651.21, paragraphs (a) introductory text, (a)(1),
(a)(2), and (a)(3) are temporarily suspended, and paragraph (c) is
temporarily added effective January 3, 1994, through April 2, 1994, to
read as follows:
Sec. 651.21 Closed areas.
* * * * *
(c) Georges Bank. No person or vessel may fish within the following
areas subject to the conditions and/or exceptions of this section.
(1) Closed Area I. No fishing vessel or person on a fishing vessel
may use, set, haul back, fish with, or have on board a vessel a sink
gillnet during the months of February through May in the area known as
Closed Area I (Figure 6), which is bounded by six straight lines
connecting the following points in the order stated:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
CI1....... 40 deg.53' N. 68 deg.53' W.
CI2....... 41 deg.35' N. 68 deg.30' W.
CI3....... 41 deg.50' N. 68 deg.45' W.
CI4....... 41 deg.50' N. 69 deg.00' W.
CI5....... 41 deg.30' N. 69 deg.00' W.
CI6....... 41 deg.30' N. 69 deg.23' W.
CI1....... 40 deg.53' N. 68 deg.53' W.
------------------------------------------------------------------------
(2) Closed Area II. No fishing vessel or person on a fishing vessel
may fish in, or be in, the area known as Closed Area II (Figure 6)
during the months of January through May, except as specified in
paragraph (c)(3) of this section. Closed Area II is bounded by four
straight lines connecting the following points in the order stated:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
CII1...... 41 deg.00' N. 67 deg.20' W.
CII2...... 41 deg.00' N. 66 deg.35.8' W.
G5........ 41 deg.18.6' N. 66 deg.24.8' W. (the U.S.-
Canada Maritime Boundary)
CII3...... 42 deg.22' N. 67 deg.20' W. (the U.S.-Canada
Maritime Boundary)
CII1...... 41 deg.00' N. 67 deg.20' W.
------------------------------------------------------------------------
(3) Exceptions. Paragraph (c)(2) of this section does not apply to
persons on fishing vessels or fishing vessels:
(i) Fishing with or using pot gear designed and used to take
lobsters;
(ii) Fishing with or using dredges designed and used to take
scallops; or
(iii) Seeking safe haven from storm conditions in waters adjacent
to the western edge of Closed Area II. Such fishing vessels may transit
through Closed Area II providing that:
(A) Gale, storm or hurricane conditions are posted for the area by
the National Weather Service;
(B) Such vessels do not fish in the area;
(C) Fishing gear is stowed in accordance with Sec. 651.20(f); and
(D) The vessel provides notice to patrolling U.S. Coast Guard
aircraft or vessel in the vicinity of Georges Bank by high frequency
radio (2.182 khz) of its intention to transit the closed area and the
time and position when the vessel enters the area and the time and
position when the vessel exits the closed area.
6. Sections 651.28 and 651.29 are temporarily added effective
January 3, 1994, through April 2, 1994, to read as follows:
Sec. 651.28 Haddock possession limits.
(a) Scallop dredge vessels.
(1) No person owning or operating a scallop dredge vessel issued a
permit under Sec. 651.4 may land, or possess on board a vessel,
haddock.
(2) No person operating a scallop dredge vessel may possess haddock
in, or harvested from, the EEZ.
(b) Other vessels.
(1) No person owning or operating a vessel issued a permit under
Sec. 651.4 may land, or possess on a vessel, more than 500 pounds
(226.8 kg) of haddock.
(2) No person may possess on a vessel more than 500 pounds (226.8
kg) of haddock in, or harvested from, the EEZ.
(3) Vessels subject to the haddock possession limit shall have on
board the vessel at least one standard box or one standard tote.
(4) The haddock stored on board the vessel shall be retained
separately from the rest of the catch and shall be readily available
for inspection and for measurement by placement of the haddock in a
standard box or standard tote if requested by an authorized officer.
(5) The haddock possession limit is equal to 500 pounds (226.8 kg)
or its equivalent as measured by the volume of 4 standard boxes or 5
standard totes.
Sec. 651.29 Transfer-at-sea.
(a) Vessels permitted under Sec. 651.4 are prohibited from
transferring or attempting to transfer fish from one vessel to another
vessel.
(b) All vessels are prohibited from transferring or attempting to
transfer multispecies finfish from one vessel to another vessel.
7. Figure 2 to part 651 is temporarily suspended, effective January
3, 1994, through April 2, 1994, and Figure 6 is temporarily added
effective January 3, 1994, through April 2, 1994.
BILLING CODE 3510-22-P
TR03JA94.009
[FR Doc. 93-32010 Filed 12-28-93; 3:22 pm]
BILLING CODE 3510-22-C
