[Federal Register Volume 64, Number 64 (Monday, April 5, 1999)]
[Proposed Rules]
[Pages 16417-16418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8194]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[I.D. 031999E]
Tilefish Fishery; Intent to Prepare an Environmental Impact
Statement
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of intent to prepare an environmental impact
statement (EIS); request for scoping comments.
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SUMMARY: NMFS announces its intention to prepare, in cooperation with
the Mid-Atlantic Fishery Management Council (Council), an EIS to assess
potential effects on the human environment of changes to the management
regime for tilefish (Lopholatilus chamaeleonticeps) pursuant to the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) as amended. Management would be accomplished by developing
and implementing a Tilefish Fishery Management Plan (FMP) that would
include appropriate management measures.
In addition, the Council announces a public process for determining
the scope of issues to be addressed and for identifying the significant
issues related to developing management measures for tilefish. The
intended effect of this notice is to alert the interested public of the
commencement of a scoping process and to provide for public
participation. This action is necessary to comply with Federal
environmental documentation requirements.
DATES: Written comments will be accepted until April 30, 1999. The
scoping meeting will be held at 7 p.m. on Tuesday, April 27, 1999.
ADDRESSES: Send scoping comments to Mr. Daniel T. Furlong, Executive
Director, Mid-Atlantic Fishery Management Council, Room 2115 Federal
Building, 300 South New Street, Dover, DE 19904-6790. The scoping
meeting will be held at the Atlantic City Sheraton, 6821 Black Horse
Pike, Atlantic City West, NJ.
FOR FURTHER INFORMATION CONTACT: Daniel T. Furlong, 302-674-2331 (FAX
302-674-5399).
SUPPLEMENTARY INFORMATION:
Problems Discussed for this FMP
1. Overfishing Must Be Ended and the Stock Biomass Must Be Rebuilt
Results from the recently completed (February 1999) NMFS Northeast
Fishery Science Center (NEFSC) stock assessment indicate that the
tilefish stock (north of North Carolina) is at a low biomass level and
is likely overexploited. Total biomass in 1997 was estimated to be 7.3
million lb (3.311 million kg), which is about 36 percent of the biomass
that would produce maximum sustainable yield (MSY) (BMSY).
Biomass-based fishing mortality was estimated to be 0.55, which is
about 2.8 times higher than FMSY of 0.20. Total landings in
1997 were slightly under 4.0 million lb and roughly the estimated MSY.
One projection indicates that the stock can rebuild to BMSY
in 10 years if fished at a biomass-based fishing mortality of 0.16 for
the next 10 years. This rate of fishing mortality equates to annual
landings of about 1.7 million lb (0.77 million kg). Current fishing
mortality rates are unsustainable. There has been a shift in the
exploitation pattern towards smaller fish.
2. Overcapitalization Should Be Avoided
The tilefish fishery takes place year-round. However, it is most
intense from October to June when market values and catch rates are the
highest. Tilefish vessels are usually of steel construction and range
in length from 50 to 100 ft (15.24 to 30.48 m). Although the number of
vessels targeting tilefish has decreased since the peak in the early
1980s, the approximate dozen vessels currently in the fishery have more
than adequate capacity to harvest the MSY level. Reductions in fishing
effort for most of the New England and Mid-Atlantic fisheries (i.e.
groundfish, scallops, and summer flounder) could result in additional
fishing effort on the tilefish resource, as displaced vessels could
enter this fishery.
3. Need for Better Data
National Standard 2 of the Magnuson-Stevens Act states that
``measures shall be based upon the best scientific information
available.'' The 14th NEFSC Stock Assessment Workshop noted
that the weighout interview coverage of the fishery was low and that
other data, which would allow for detection of changes in abundance
would be useful to corroborate trends observed in the abundance
indices. This workshop also called for the collection of size samples
from landings. These data are important to assess the impacts and
effectiveness of management measures, as well as, monitor fishing
mortality and changes in stock size to determine if additional
management measures for the FMP may be necessary.
4. Identification and Description of Essential Fish Habitat
Pursuant to the 1996 requirements of the Sustainable Fisheries Act,
which amended the Magnuson-Stevens Act, the Council is required to
identify and describe essential habitat for tilefish in the western
Atlantic Ocean north of North Carolina. Therefore, the Council solicits
comments from the public on the identification of and threats to
essential habitat for tilefish during the scoping process.
5. Possible Management Objectives and Proposed Management Measures
The current proposed management unit is all tilefish under U.S.
jurisdiction in the Atlantic Ocean north of North Carolina. Tilefish
south of the Virginia/North Carolina border are currently managed as
part of the Snapper-Grouper Fishery Management Plan by the South
Atlantic Fishery Management Council and NMFS.
The intended purpose and possible objectives of the FMP are to: (1)
End overfishing and rebuild the resource to the MSY level; (2) prevent
overcapitalization; (3) limit new entrants; and (4) collect data to
develop, monitor, and assess biological, economic, and social impacts
of management measures designed to prevent overfishing.
Possible proposed management measures include: (1) Minimum fish
size, (2) minimum hook size, (3) closed seasons, (4) closed areas, (5)
quotas, (6) moratorium on vessels, (7) dealer and vessel permits, (8)
dealer and vessel reports, (9) operator permits, (10) gear
restrictions, (11) gear limits, (12) trip limits, and (13) other
measures to reduce effort.
It is likely that any of the measures that are actually implemented
would be frameworked. A Monitoring Committee, made up of
representatives of the Councils and NMFS, would annually review the
condition of the fishery and adjust the measures (e.g., trip limits,
quotas, etc.) to achieve the desired goals.
6. Permitting and Reporting
It is anticipated that permits would be required for vessels
landing tilefish for
[[Page 16418]]
sale, dealers purchasing tilefish from permitted vessels, and operators
of permitted commercial vessels. Vessels landing tilefish for sale
would need to submit logbook reports and dealers purchasing this
species from permitted commercial vessels would need to submit reports.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act (PRA), unless that
collection of information displays a currently valid Office of
Management and Budget control number.
Under the Paperwork Reduction Act, burden hour estimates were
calculated by NMFS for Amendment 2 to the Summer Flounder Fishery
Management Plan. Burden hours for tilefish should be minimal as the
fishery is somewhat seasonal (mostly October to June) and is currently
prosecuted by only about 12 vessels. Using the same approach as was
taken in summer flounder, it is anticipated that the 12 vessels would
make three trips per month for 9 months--thus, a total of 324 reports
from the fishermen (12 X 3 X 9). At 0.08 hours per report response,
there would be a total of 27 burden hours per year. At a maximum, the
same number of burden hours would be required for the tilefish
processors.
7. Timetable for EIS Preparation and Decision Making
The Council has adopted a tentative preparation, review, and
approval schedule for this FMP. Under this schedule, the draft EIS is
planned for completion in May 1999 so that a special Council meeting
dedicated exclusively to this FMP can be convened. If an acceptable
draft is completed, the Council would decide at that meeting whether to
submit the draft EIS for public review. Oral comments to the Council on
their decision could be made at that meeting. If the Council's decision
is affirmative, public review of the draft EIS would occur during 45
days in June and July 1999. At its August 1999 meeting, the Council
would decide on revisions to the management of tilefish. Again, oral
comments on this decision could be made to the Council at this meeting.
If the Council's decision is affirmative, the EIS would be made final
and submitted with the FMP recommendations and other rulemaking
documents to the Secretary of Commerce (Secretary) for review and
approval. The Council reserves the right to modify or abandon this
schedule if deemed necessary.
Under the Magnuson-Stevens Act, Secretarial review and approval of
an FMP includes concurrent public comment periods on the FMP and
proposed regulations. If approved by the Secretary under this schedule,
the tilefish management measures could be effective early in 2000.
Dated: March 26, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 99-8194 Filed 4-2-99; 8:45 am]
BILLING CODE 3510-22-F
