[Federal Register Volume 61, Number 197 (Wednesday, October 9, 1996)]
[Proposed Rules]
[Pages 52903-52905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25823]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 648 and 649
[Docket No. 960926275-6275-01; I.D. 091196A]
RIN 0648-AI83
Fisheries of the Northeastern United States; Amendments to the
Northeast Multispecies, Atlantic Sea Scallop, and American Lobster
Fishery Management Plans
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations to implement Amendment 8 to the
Northeast Multispecies, Amendment 6 to the Atlantic Sea Scallop, and
Amendment 6 to the American Lobster Fishery Management Plans (FMPs) to
provide a framework abbreviated rulemaking process to address gear
conflicts in the New England and Mid-Atlantic regions. These amendments
propose to: Add an objective to the Atlantic Sea Scallop and Northeast
Multispecies FMPs to allow management of gear conflicts in these
fisheries (the American Lobster FMP currently has an objective
sufficiently broad in scope to allow management of gear conflicts),
adapt the framework process currently in place for the Northeast
multispecies and Atlantic sea scallop conservation management programs
to allow implementation of a gear conflict management program for all
three FMPs, and add a list of management measures to each FMP from
which the Council could select future solutions to gear conflicts
through the framework adjustment process. The intent of this action is
to provide mechanisms to reduce the economic loss caused by gear
conflicts.
DATES: Comments on the proposed rule must be received on or before
November 18, 1996.
ADDRESSES: Comments on the proposed rule, the amendments, and/or their
supporting documents should be sent to Dr. Andrew A. Rosenberg,
Director, Northeast Region, NMFS, Northeast Regional Office, 1
Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope
``Comments on Gear Conflict Amendments.''
Copies of the amendments, their regulatory impact review and the
environmental assessment are available from Christopher Kellogg, Acting
Executive Director, New England Fishery Management Council, Suntaug
Office Park, 5 Broadway, Saugus, MA 01906-1097.
FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst,
508-281-9273.
SUPPLEMENTARY INFORMATION: The amendments were prepared by the New
England Fishery Management Council (Council) in consultation with the
Mid-Atlantic Fishery Management Council. On June 6, 1996, the Council
voted to approve the amendments for submission to the Secretary of
Commerce. This action would amend all of the FMPs currently in effect
within the jurisdiction of the Council.
Background
Recent increases in gear conflicts have been attributed to the
decline in traditional fisheries, new regulations, and changes in
markets that created new incentives to pursue alternative fisheries.
These factors, as well as the dissolution of a voluntary agreement
between industry sectors, have precipitated the need for gear conflict
frameworks.
A framework action could be used to address gear conflicts
occurring only in Federal waters. NMFS assumes that the Council intends
us to use the proposed gear conflict framework procedure to address
true gear conflicts and not as a procedure for addressing essentially
allocation issues between users. NMFS solicits comments concerning its
interpretation of the Council's intent.
For the purpose of these proposed amendments, the definition of
gear conflict (at 50 CFR 600.10) is any incident at sea involving one
or more fishing vessels: (1) In which one fishing vessel or its gear
comes into contact with another vessel or the gear of another vessel,
and (2) that results in the loss of, or damage to, a fishing vessel,
fishing gear, or catch.
The amendments would establish a framework process that could be
used to devise specific programs tailored to specific gear conflict
situations. This process would be similar to the framework process
currently in place for management measures designed to meet
conservation objectives. At least two publicly announced meetings would
be required to be held to discuss and receive comment on any proposal
before submission of any framework measures to the Director, Northeast
Region, NMFS, for submission as a final rule. In addition, the Council
would be required to provide the public with appropriate justification
and the economic and biological analysis of the measures. Since any
proposed measure would affect fisheries under at least two FMPs, the
measures would be required to be evaluated and approved by the relevant
committees with oversight authority for the affected FMPs. If there is
disagreement between committees, the Council would return the proposed
framework measures to the standing or ad hoc gear conflict committee
for further review and discussion. The management measures submitted by
the Council could be published as final rules under certain conditions
and would take immediate effect, within the constraints of applicable
law.
The measures that could be implemented by framework action to
manage gear conflicts would be: (1) Designation of restricted areas in
increments no larger than 1-degree squared (2700 mi\2\ (5000.4 km\2\)),
(2) monitoring of a radio channel by fishers, (3) fixed gear location
reporting and plotting requirements, (4) standards of operation when
gear conflicts occur, (5) fixed gear marking and setting practices, (6)
gear restrictions for specific areas (including time and area
closures), (7) vessel monitoring systems, (8) restrictions on the
number of fishing vessels or amount of gear, and (9) special permit
conditions.
Approval of these amendments would establish a process and provide
a list of measures as potential options that could be used to resolve
gear conflicts. These proposed amendments would not implement any of
the measures listed above, but would establish a process requiring
opportunities for the public to participate in the adoption and
implementation of the measures listed.
[[Page 52904]]
To implement one or more of the measures listed, an individual
framework action, as described above, would require documentation and
analyses sufficient to determine compliance and consistency with all
applicable laws.
Classification
Section 304(a)(1)(D) of the Magnuson Fishery Conservation and
Management Act (Magnuson Act) requires that regulations proposed by a
Council be published within 15 days of the receipt of the amendment and
regulations. At this time, NMFS has not determined that the amendments
this rule would implement are consistent with the national standards,
other provisions of the Magnuson Act and other applicable law. NMFS, in
making that determination, will take into account the information,
views, and comments received during the comment period.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities as follows:
The proposed action, by itself, will have no impact on overall
revenues. A primary purpose of the framework process and the actions
taken under the process is to reduce costs associated with fishing.
The impact of any measures to be taken under this proposed framework
process would be analyzed at the time such frameworks are proposed.
There may be some increases in production costs, e.g. supply costs
to properly mark gear, but these would be offset by the anticipated
reduction in gear loss. The proposed action is unlikely to
materially reduce annual revenues or increase production and
compliance costs. Therefore, the economic impacts on small business
are not considered to be significant.
List of Subjects
50 CFR Part 649
Fisheries.
50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: October 3, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR parts 648 and 649
are proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.55, paragraphs (d) through (f) are redesignated as
paragraphs (f) through (h), respectively, new paragraphs (d) and (e)
are added, and the section heading and newly redesignated paragraph
(f)(3) are revised to read as follows:
Sec. 648.55 Framework specifications.
* * * * *
(d) The Council may make recommendations to the Regional Director
to implement measures in accordance with the procedures described in
this subpart to address gear conflict as defined under Sec. 600.10. In
developing such recommendation, the Council shall define gear
management areas, each not to exceed 2700 mi\2\ (5000.4 km\2\), and
seek industry comments by referring the matter to its standing industry
advisory committee on gear conflict, or to any ad hoc industry advisory
committee that may be formed. The standing industry advisory committee
or ad hoc committee on gear conflict shall hold public meetings seeking
comments from affected fishers and develop findings and recommendations
on addressing the gear conflict. After receiving the industry advisory
committee findings and recommendations, or at any other time, the
Council shall determine whether adjustments to, or additional
management measures are necessary to address, gear conflicts and in
which FMPs modifications are necessary to address such conflicts. If
the Council determines that adjustments or additional measures are
necessary, it shall develop and analyze appropriate management actions
for the relevant FMPs over the span of at least two Council meetings.
The Council shall provide the public with advance notice of the
availability of the recommendation and the appropriate justification
and economic and biological analyses, and opportunity to comment on
them prior to and at the second or final Council meeting before
submission to the Regional Director. The Council's recommendation on
adjustments or additions to management measures for gear conflicts must
come from one or more of the following categories:
(1) Monitoring of a radio channel by fishing vessels.
(2) Fixed gear location reporting and plotting requirements.
(3) Standards of operation when gear conflict occurs.
(4) Fixed gear marking and setting practices.
(5) Gear restrictions for specific areas (including time and area
closures).
(6) Vessel monitoring systems.
(7) Restrictions on the maximum number of fishing vessels or amount
of gear.
(8) Special permitting conditions.
(e) The measures shall be evaluated and approved by the relevant
committees with oversight authority for the affected FMPs. If there is
disagreement between committees, the Council may return the proposed
framework adjustment to the standing or ad hoc gear conflict committee
for further review and discussion.
(f) * * *
(3) Whether there is an immediate need to protect the resource or
to impose management measures to resolve gear conflicts.
* * * * *
3. In Sec. 648.90, the introductory text to paragraph (b), and
paragraph (b)(1) are revised, paragraphs (b)(2) and (b)(3) are
redesignated as paragraphs (b)(3) and (b)(4), respectively, a new
paragraph (b)(2) is added and newly redesignated paragraph (b)(3)(iii)
is revised to read as follows:
Sec. 648.90 Framework specifications.
* * * * *
(b) Within season management action. The Council may, at any time,
initiate action to add or adjust management measures if it finds that
action is necessary to meet or be consistent with the goals and
objectives of the Northeast Multispecies FMP or to address gear
conflicts as defined under Sec. 600.10.
(1) Adjustment process. After a management action has been
initiated, the Council shall develop and analyze appropriate management
actions over the span of at least two Council meetings. The Council
shall provide the public with advance notice of the availability of
both the proposals and the analysis and opportunity to comment on them
prior to and at the second Council meeting. The Council's
recommendation on adjustments or additions to management measures,
other than to address gear conflicts, must come from one or more of the
following categories: DAS changes, effort monitoring, data reporting,
possession limits, gear restrictions, closed areas, permitting
restrictions, crew limits, minimum fish sizes, onboard observers,
minimum hook size and hook style, the use of crucifiers in the hook-
gear fishery, fleet sector shares, recreational fishing measures, area
[[Page 52905]]
closures and other appropriate measures to mitigate marine mammal
entanglements and interactions, and any other management measures
currently included in the FMP.
(2) Adjustment process for gear conflicts. The Council may develop
a recommendation on measures to address gear conflict in accordance
with the procedure specified in Sec. 648.55, paragraphs (d) and (e).
(3) * * *
(iii) Whether there is an immediate need to protect the resource or
to impose management measures to resolve gear conflicts.
* * * * *
PART 649--AMERICAN LOBSTER FISHERY
1. The authority citation for part 649 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 649.44, the section heading is revised, paragraphs (e)
through (g) are redesignated as paragraphs (f) through (h),
respectively, new paragraph (e) is added, and newly redesignated
paragraph (f)(3) is revised to read as follows:
Sec. 649.44 Framework specifications.
* * * * *
(e) The Council may develop a recommendation on measures to address
gear conflicts as defined under 50 CFR 600.10 in accordance with the
procedure specified in Sec. 648.55, paragraphs (d) and (e).
(f) * * *
(3) Whether there is an immediate need to protect the resource or
to impose management measures to resolve gear conflicts; and
* * * * *
[FR Doc. 96-25823 Filed 10-3-96; 4:51 pm]
BILLING CODE 3510-22-W
