[Federal Register Volume 59, Number 89 (Tuesday, May 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11247]
[[Page Unknown]]
[Federal Register: May 10, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 651
[Docket No. 940423-4124, I.D. 031594E]
Northeast Multispecies Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final notification to take no action under Flexible Area Action
System (FAAS) #8.
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SUMMARY: NMFS issues this notification of the Regional Director's
concurrence with the recommendation of the New England Fishery
Management Council (Council) to take no action pursuant to FAAS #8, as
provided for under implementing regulations for Amendment 5 to the
Northeast Multispecies Fishery Management Plan (FMP). FAAS #8 initiated
a process to consider 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.
ADDRESSES: Copies of the fact-finding report of the Director, Northeast
Region, NMFS (Regional Director), and the Council's impact analysis may
be requested from the New England Fishery Management 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: Section 651.26 of title 50 CFR specifies
that FAAS's may be proposed and implemented to provide protection to
concentrations of juvenile, sub-legal, or spawning fish. As part of the
FAAS process, the Regional Director, at the request of the Council's
Multispecies Committee, initiates a fact-finding investigation of
alleged discard problems, and the Council provides an impact analysis
of alternative measures that might be implemented under a given FAAS
action.
A notification initiating actions under proposed FAAS #8 was
published on March 24, 1994 (59 FR 13923), informing the public of a
potential problem with discards of spawning and sub-legal sized haddock
in and around Closed Area I off Cape Cod, MA. The notification stated
that the Council was considering recommending action to close the area
to the use of gear capable of taking multispecies. As an alternative,
the Council 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, and other less
restrictive measures. The notification specified that the required
reports would be available on April 1, 1994, and that written comments
on the action would be accepted through April 7, 1994, at which time a
public hearing on the matter would be held.
A public hearing was conducted by the Council on April 7, 1994,
where oral and written public comments were received. Two written
comments were received by the close of business on the day of the
public hearing. Both commenters supported implementation of FAAS #8,
one citing a sea-sampled trip that occurred prior to or during the
proposed FAAS #7; the other, expressing regret that FAAS #7 was not
implemented.
None of the commenters who testified at the public hearing
expressed support for FAAS #8 based on the additional data collected.
Three of the four commenters expressed regret at the disapproval of
FAAS #7, as did several members of the Council, who went on record as
planning to consider protection of spawning haddock in and around
Closed Area I under the provisions of Amendment 5 as a priority for the
1995 season. After careful consideration of the data, the Council
concluded that the data indicated an apparent abatement of the discard
problem, and recommended that the Regional Director take no action
under proposed FAAS #8. After reviewing information presented in the
required documents and the public testimony, the Regional Director
concurred with the Council's recommendation not to implement any
management measures under the proposed FAAS #8.
Classification
This action is authorized by 50 CFR part 651 and is consistent with
the Magnuson 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: May 3, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 94-11247 Filed 5-9-94; 8:45 am]
BILLING CODE 3510-22-P
