[Federal Register Volume 64, Number 24 (Friday, February 5, 1999)]
[Proposed Rules]
[Pages 5754-5755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2797]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 990119022-9022-01; I.D. 111998B]
RIN 0648-AM13
Fisheries of the Northeastern United States; Amendment 1 to the
Atlantic Salmon Fishery Management Plan
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 1 to the
Atlantic Salmon Fishery Management Plan (FMP). Specifically, this
proposed rule would establish a framework process to add or adjust
Atlantic salmon aquaculture management measures, if necessary, to meet
the goals and objectives of the Atlantic Salmon FMP. Amendment 1 to the
FMP also proposes to add an Atlantic salmon overfishing definition.
DATES: Comments must be received on or before March 22, 1999.
ADDRESSES: Comments on this proposed rule should be sent to Jon C.
Rittgers, Acting Regional Administrator, 1 Blackburn Drive, Gloucester,
MA 01930. Mark the outside of the envelope, ``Comments on Proposed Rule
for Amendment 1 to the Atlantic Salmon FMP.''
Copies of the Amendment, its regulatory impact review (RIR),
environmental assessment (EA), and supporting documents are available
from Paul J. Howard, Executive Director, New England Fishery Management
Council, 5 Broadway, Saugus, MA 01906-1036.
FOR FURTHER INFORMATION CONTACT: Bonnie L. Van Pelt, Fishery Management
Specialist, 978-281-9244.
SUPPLEMENTARY INFORMATION: The Sustainable Fisheries Act of 1996 (SFA)
requires the Regional Fishery Management Councils to identify and
describe essential fish habitat (EFH) for the species managed. NMFS
issued a notice of availability that invited public comments on
Amendment 11 to the Northeast Multispecies FMP, Amendment 9 to the
Atlantic Sea Scallop FMP, and Amendment 1 to the Atlantic Salmon FMP in
the Federal Register on December 1, 1998 (63 FR 66110), with a comment
period ending date for these amendments of February 1, 1999. These
amendments are part of a larger document (omnibus amendment) submitted
by the New England Fishery Management Council (NEFMC) for Secretarial
review that includes Amendment 1 to the Monkfish FMP prepared jointly
by NEFMC and the Mid-Atlantic Fishery Management Council (MAFMC).
Because the MAFMC had not yet adopted Monkfish Amendment 1 at the time
of the NEFMC's submission of the omnibus amendment to NMFS, the notice
of availability published on December 1, 1998 did not invite public
comments on Amendment 1 to the Monkfish FMP. Also, the omnibus
amendment also includes the EFH components of the Atlantic Herring FMP
that is being developed by the NEFMC. The EFH information for Atlantic
Herring will be incorporated by reference into the Atlantic Herring FMP
when that FMP is submitted for Secretarial approval; therefore, public
comments were not invited on the EFH components for Atlantic herring in
the aforementioned notice of availability published on December 1,
1998. On December 7, 1998, NMFS issued an amendment to the notice of
availability (NOA) published on December 1, 1998, in the Federal
Register (63 FR 67450), notifying the public that in addition to EFH
components, Amendment 1 to the Atlantic Salmon FMP also contains a
discussion of an overfishing definition and an aquaculture framework
adjustment process for Atlantic salmon. The comment period ending date
for those components for Amendment 1 to the Atlantic Salmon FMP is also
February 1, 1999. Finally, NMFS issued another amendment to the notice
of availability published on December 1, 1998, advising the public that
a proposed rule would be published in the Federal Register soon,
inviting public comments on the proposed framework adjustment process
for possible aquaculture operations for Atlantic salmon. The only
proposed implementing regulations contained in this omnibus amendment
are those related to the Atlantic Salmon FMP.
Proposed Management Measures
Amendment 1 to the Atlantic Salmon FMP proposes to add a definition
for Atlantic salmon overfishing and to add a mechanism to allow
Atlantic salmon aquaculture management measures to be added or adjusted
through a framework adjustment process.
Although salmon is overfished, no additional management measures
are proposed by this amendment. Management measures currently in place
prohibit harvesting of salmon from Federal waters. As a result, NMFS
sent a letter to the NEFMC informing it that since everything within
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) has been done to rebuild this
overfished stock, no further action was required to comply with the
rebuilding provision of the Magnuson-Stevens Act (Section 304(c)).
This amendment includes a definition of overfishing which was
certified with reservation by the Northeast Fisheries Science Center as
follows:
The overfishing definition is based on the assumption that the
number of spawning salmon corresponding to MSY is 54,000 (a proxy
for BMSY), and that fishing mortality on the current
stock of 200 fish should be zero. The stock size is currently well
below \1/2\ Bmsy and Blimit (the biomass [or
number of spawners] from which the stock could be rebuilt to
Bmsy in 10 years). The amendment does not specify a
fishing mortality limit or threshold appropriate for a rebuilt
stock, or the stock size above which the fishing mortality rate
could be greater than zero. However, given the current status of the
stock and protracted rebuilding period, we are unlikely to achieve
these thresholds in the near future.
We will continue to monitor stock conditions for Atlantic salmon
and study life history. We will recommend adjustments if and when
necessary.
In order to allow Atlantic salmon aquaculture projects to be
conducted in the EEZ consistent with the goals and objectives of the
Atlantic Salmon FMP, it may be necessary to add or adjust Atlantic
salmon aquaculture management measures. For the sake of efficiency,
this proposed rule would establish a framework process for adding or
adjusting Atlantic salmon management measures which is consistent with
the processes proposed under Amendment 9 to the Northeast Multispecies
FMP and Amendment 7 for the Atlantic Sea Scallop FMP both of which were
developed by the NEFMC to bring the applicable FMPs into compliance
with the SFA requirements. Amendments 9 and 7, respectively, are
currently under Secretarial review.
This action would allow the Council and NMFS to adjust or add one
or more of the Atlantic salmon aquaculture management measures
identified in Amendment 1, including, but not limited to: minimum fish
sizes, gear restrictions, minimum mesh sizes, possession limits,
tagging requirements, monitoring requirements, reporting requirements,
permit restrictions, area
[[Page 5755]]
closures, and establishment of special management areas or zones.
Classification
At this time, NMFS has not determined that the amendment that this
rule would implement is consistent with the Magnuson-Stevens Act and
with other applicable laws. NMFS, in making that determination, will
take into account the data, 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. This rulemaking establishes a framework adjustment
mechanism or process, but has no immediate economic or social impacts.
Future actions taken to initiate Atlantic salmon aquaculture through
this framework process would have their own supporting analyses of
economic and social impacts. As a result, an initial regulatory
flexibility analysis was not prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: February 1, 1999.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is
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. Section 648.41 is added to read as follows:
Sec. 648.41 Framework specifications.
(a) Within season management action. The Council may, at any time,
initiate action to add or adjust Atlantic salmon aquaculture management
measures if it finds that action is necessary to meet or be consistent
with the goals and objectives of the Atlantic Salmon FMP.
(b) Adjustment process. The Council shall develop and analyze
appropriate aquaculture management measures 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
aquaculture management measures, must come from one or more of the
following categories: minimum fish sizes, gear restrictions, minimum
mesh sizes, possession limits, tagging requirements, monitoring
requirements, reporting requirements, permit restrictions, area
closures, establishment of special management areas or zones and any
other management measures currently included in the FMP.
(c) NEFMC recommendation. After developing aquaculture management
actions and receiving public testimony, the NEFMC shall make a
recommendation to the Regional Administrator. The NEFMC's
recommendation must include supporting rationale and, if aquaculture
management measures are recommended, an analysis of impacts and a
recommendation to the Regional Administrator on whether to issue the
aquaculture management measures as a final rule. If the NEFMC
recommends that the aquaculture management measures should be issued as
a final rule, the NEFMC must consider at least the following factors
and provide support and analysis for each factor considered:
(1) Whether the availability of data on which the recommended
aquaculture management measures are based allows for adequate time to
publish a proposed rule, and whether regulations have to be in place
for an entire harvest/fishing season.
(2) Whether there has been adequate notice and opportunity for
participation by the public and members of the affected industry in the
development of the NEFMC's recommended aquaculture management measures.
(3) Whether there is an immediate need to protect the resource.
(4) Whether there will be a continuing evaluation of management
measures adopted following their implementation as a final rule.
(d) Regional Administrator action. If the NEFMC's recommendation
includes adjustments or additions to aquaculture management measures
and, after reviewing the NEFMC's recommendation and supporting
information:
(1) If the Regional Administrator concurs with the NEFMC's
recommended aquaculture management measures and determines that the
recommended management measures should be issued as a final rule based
on the factors specified in paragraph (b)(2) of this section, the
measures will be issued as a final rule in the Federal Register.
(2) If the Regional Administrator concurs with the NEFMC's
recommendation and determines that the recommended aquaculture
management measures should be published first as a proposed rule, the
measures will be published as a proposed rule in the Federal Register.
After additional public comment, if the Regional Administrator concurs
with the NEFMC recommendation, the measures will be issued as a final
rule in the Federal Register.
(3) If the Regional Administrator does not concur, the NEFMC will
be notified in writing of the reasons for the non-concurrence.
(e) Emergency action. Nothing in this section is meant to derogate
from the authority of the Secretary to take emergency action under
section 305(e) of the Magnuson Act.
[FR Doc. 99-2797 Filed 2-4-99; 8:45 am]
BILLING CODE 3510-22-F
