[Federal Register Volume 59, Number 55 (Tuesday, March 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6645]
[[Page Unknown]]
[Federal Register: March 22, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 651
[Docket No. 940232-4032; I.D. 030494B]
Northeast Multispecies Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Denial of flexible area action system.
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SUMMARY: NMFS issues this notification to announce denial of management
actions recommended in Flexible Area Action System (FAAS) #7 by the New
England Fishery Management Council (Council) for implementation as
specified under implementing regulations for Amendment 5 to the
Northeast Multispecies Fishery Management Plan (FMP). These
recommendations specified management actions to close an area to
fishing due to suspected high levels of discards affecting mortality on
juvenile, sub-legal and spawning haddock in and around an area located
offshore of Cape Cod, MA. The effect of this action is to leave the
area open to fishing.
DATES: This notification of denial is effective March 21, 1994.
ADDRESSES: Copies of the NMFS Northeast Regional Director's (Regional
Director) fact-finding report and the Council's Impact Analysis may be
requested from the Council, Suntaug Office Park, 5 Broadway (Route 1),
Saugus, MA 01960.
FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, NMFS, Fishery Policy
Analyst, 508-281-9272.
SUPPLEMENTARY INFORMATION: This action was taken under Sec. 651.26 of
the Northeast Multispecies Regulations. Section 651.26 specifies a FAAS
to provide protection to concentrations of juvenile, sub-legal or
spawning fish. As part of this process, the Regional Director initiated
a fact-finding investigation of the alleged discard problem and the
Council provided an impact analysis of alternative measures which might
be implemented under this action.
A notification initiating these actions under the FAAS was
published on February 10, 1994 (59 FR 6232). The notification informed
the public of a potential problem with discards of spawning haddock in
the vicinity of Closed Area I off of Cape Cod, MA. The notification
stated that the Council's Multispecies Committee (Committee) was
considering recommending action to close the area to the use of gear
capable of taking multispecies. As an alternative, the Committee was
also considering the implementation of other measures under the FMP and
its implementing regulations, including but not limited to, mesh size
restrictions, catch limits, or other less restrictive measures. The
notification specified that the required reports would be available on
February 18, 1994, and that written comments on the action would be
accepted through February 24, 1994, at which time, a public hearing on
the matter would be held.
A public hearing was conducted by the Committee on February 24,
1994; oral and written public comments were received. One written
comment was received from the Executive Secretary for Associated
Fisheries of Maine. The Associated Fisheries of Maine supported the
FAAS, citing a single sea-sampled trip in January 1994, which, in part,
caused initiation of FAAS #7. The representative likened the
circumstances to those surrounding the continued closure of Area II by
extension of the emergency interim rule, effective from January 3,
1994, through April 2, 1994. No other written comments were received.
At the public hearing a representative from NMFS introduced a
summary of a sea-sampled trip that conducted tows in Area I from
February 19 through 22, 1994. A summary of the single trip indicated
that there were discards of sub-legal haddock. The NMFS representative
also read the fact-finding report into the record. Anecdotal
information along with an analysis in the report of the sea-sampled
trip that precipitated the FAAS #7 tended to support the initial claim
of high discards of spawning and sub-legal haddock.
A representative of the Conservation Law Foundation, in support of
the proposed FAAS, introduced historical data from NMFS trawl surveys
in recent years, as did the Regional Director, which showed a general
movement of haddock to the South as the season progressed, which was
generally confirmed by an NMFS scientist from the Northeast Fisheries
Science Center.
All commenters at the public hearing supported the proposed FAAS.
There were no dissenters.
The Committee, after reviewing the public record and the required
documents, recommended that the Regional Director close the area
described below under the provisions of the FAAS (50 CFR 651.26).
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Latitude N Longitude W
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A.......................................... 41 deg.30' 69 deg.23'
B.......................................... 40 deg.45' 68 deg.45'
C.......................................... 40 deg.45' 68 deg.30'
D.......................................... 41 deg.30' 68 deg.30'
A.......................................... 41 deg.30' 69 deg.23'
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The Committee recommended that the closure be consistent with the
closure of Area II under the emergency rules, and that the area be
opened upon expiration of the Area II emergency action. However, the
Regional Director, after reviewing information presented in the
required documents and from public testimony, decided to disapprove the
Committee's recommendation. In a letter to the Chairman of the
Multispecies Committee, he stated that the data available to him and to
the Committee were not conclusive. He further explained that with
publication of the final regulations for Amendment 5 to the Northeast
Multispecies regulations, and partial implementation of that amendment
beginning March 1, 1994, former Closed Area I would be opened. Approval
of this FAAS action would undo that particular provision of Amendment
5. Finally, the Regional Director stated that the area under
consideration is relatively large and traditionally important,
especially to vessels fishing primarily from the ports of New Bedford,
and Gloucester, MA. He concluded that the impact of the proposed FAAS
could be severe if, in the absence of hard, verifiable data, closure
was imposed on top of the restrictions already contained in Amendment
5.
The Regional Director intends to continue monitoring this area to
determine the discard rate and whether it is significant. This will
enable the Committee and the NMFS to act quickly should a documented
spawning or sub-legal haddock discard problem justify such action.
Classification
This action is authorized by 50 CFR part 651 and is consistent with
the Magnuson Fishery Conservation and Management Act and other
applicable law.
List of Subjects in 50 CFR Part 651
Fisheries, Fishing, Reporting and recordkeeping requirements.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 16, 1994.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 94-6645 Filed 3-21-94; 8:45 am]
BILLING CODE 3510-22-P
