[Federal Register Volume 59, Number 84 (Tuesday, May 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10521]
[[Page Unknown]]
[Federal Register: May 3, 1994]
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DEPARTMENT OF COMMERCE
50 CFR Part 651
[Docket No. 940421-4121; I.D. 042594B]
RIN 0648-AG64
Northeast Multispecies Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement measures contained in
Framework Adjustment 1 to the Northeast Multispecies Fishery Management
Plan (FMP). NMFS implemented parts of Amendment 5 to the FMP on March
1, 1994, but delayed implementation of some provisions, including the
effort-reduction program, until May 1, to provide the industry and NMFS
sufficient time to prepare for this unprecedented and far-reaching
change to the regulations. The effect of this delay is that the first-
year's effort reduction requirements are compressed into eight months
with different impacts on different segments of the fleet. The
adjustment in the fishing year implemented by this rule will establish
May 1 through April 30 as the annual fishing year for the effort
reduction program contained in Amendment 5.
EFFECTIVE DATE: May 1, 1994.
ADDRESSES: Copies of Amendment 5, its regulatory impact review (RIR)
and the final regulatory flexibility analysis contained within the RIR,
its final supplemental environmental impact statement, and Framework
Adjustment #1 are available upon request from Douglas G. Marshall,
Executive Director, New England Fishery Management Council, 5 Broadway
(Route 1), Saugus, MA 01906-1097.
FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, NMFS, Fishery Policy
Analyst, 508-281-9272.
SUPPLEMENTARY INFORMATION:
Background
The New England Fishery Management Council (Council) submitted
Amendment 5 to the NMFS on September 27, 1993, after spending more than
2 years on its development. The primary purpose of Amendment 5 is to
eliminate the overfished condition of the primary stocks of the
multispecies complex through an effort-reduction program. The effort-
reduction program consists of annual reductions in the numbers of days
that vessels are allowed to spend at sea as a method to limit fishing
effort for groundfish. Vessels have a choice whether to fish under an
individual allocation of days-at-sea (DAS), based on each vessel's
history of fishing for groundfish, or to fish under the fleet DAS
option, wherein vessels must declare blocks of time out of the fishery
and lay over in port for a period proportional to the time fishing for
groundfish.
NMFS published the proposed rule for Amendment 5 on October 27,
1993 (58 FR 57774), and informed the Council on January 3, 1994, that
Amendment 5 had been approved. At that time, the Director, Northeast
Region, NMFS (Regional Director) indicated that the expected
implementation date for the amendment was to be March 1, 1994. The
Council immediately realized that the implementation of this
comprehensive amendment would require NMFS' starting a number of new
administrative programs. The Council acknowledged the procedural and
administrative difficulties and stated that it wanted NMFS to implement
the effort-reduction program only when the agency was ready. The
Council also communicated its intent that Amendment 5's effort-
reduction program be implemented on a full-year basis, rather than on a
part-year basis for the first year, and initiated Framework Adjustment
#1 on February 16 to adjust the final rule for Amendment 5.
The Council is making this adjustment to the final rule for
Amendment 5 (59 FR 9872, March 1, 1994) under the framework abbreviated
rulemaking procedure established by Amendment 5 and contained in 50 CFR
part 651, subpart C. This procedure requires the Council, when making
certain adjustments to the FMP, to develop and analyze the actions over
the span of at least two Council meetings. The Council provides the
public with advance notice of both the proposals and the analysis and
an opportunity to comment on them prior to and at the second Council
meeting. Upon review of the analysis and public comment, the Council
may recommend to the Regional Director that the measures of a given
framework adjustment be published as a final rule, if certain
conditions are met. The Regional Director may publish the measures as a
final rule, or as a proposed rule if additional public comment is
needed.
When the Council began developing Amendment 5, groundfish stocks
were overfished and the prospects were dim for improvement without the
effort-reduction program. Since then, the condition of the stocks has
deteriorated to the point where NMFS, with Council support, implemented
emergency regulations to protect haddock. Each new assessment of
groundfish stocks underlines the urgency of implementing rigorous and
effective management measures.
The Council designed the management program using annual
incremental reductions in fishing effort. The result of implementing
the effort-reduction program for less than 12 months in the first year
is that vessels fishing under the individual allocation option would
have their annual allocation compressed into eight months, while
vessels under the fleet DAS would be required to meet the annual time-
out requirement over eight months, instead of the full year. Since the
vessels in the individual DAS category generally choose to be in that
group because of their higher allocation of opportunity than under the
fleet group, the conservation benefits of the first year's reductions
in allocation would be negated if the same allocation were distributed
over only 8 months, instead of 12.
On the other hand, vessels in the fleet DAS category would be
disproportionately burdened if they were required to declare the same
amount of time out of groundfishing over 8 months, that they would have
to take over 12 months had Amendment 5 been implemented beginning on
January 1. Many of the vessels in this category ordinarily would meet
their time-out requirement during the first few months of the year when
the weather limits fishing opportunity, or when they are in other
winter fisheries such as northern shrimp.
A further need for Framework Adjustment #1 arises from the
Amendment 5 requirement that all vessels declare one 20-day block out
of groundfishing during the spawning months of March, April, and May.
Since NMFS decided to implement the effort-reduction program on May 1,
that requirement would be compressed into the month of May for the
first year. As a result, at least two-thirds of the fleet would be
required to be out of groundfishing at the same time, unless Framework
Adjustment #1 were implemented. Many fishermen are unable to plan how
to best use their time and resources during the required period out of
groundfishing given the relatively short notice, and the substantial
impact that the sudden loss of two-thirds of the domestic supply of
groundfish might have on the processing sector and the market.
This final rule will adjust the rule implementing the effort-
reduction program so that each allocation of DAS (fleet or individual)
is done on a 365-day program year beginning with the first full year of
implementation of Amendment 5.
Comments and Responses
During the period following the approval of Amendment 5 and
preceding the Council's formal initiation of the framework adjustment,
a number of individual fishermen, interested members of the public, and
industry association representatives commented on the problems with the
current effort-reduction program implementation schedule. Since the
comment period had not begun, these comments were not tabulated;
however, all comments were in support of the Council's expeditiously
making the adjustment that is contained in this rule.
During the comment period spanning the two required Council
meetings, the Council received written comments from one individual and
two associations--the Provincetown Draggermen's Association and the
Seafood Harvester's Association of New York. Oral comments were
submitted by three individuals. All of the public comments supported
the Council's action and urged expeditious implementation. No negative
comments were received on the proposed action during or outside the
comment period.
The Council requested publication of the management measures as a
final rule after considering the required factors stipulated under the
Framework Measures in Amendment 5 and providing supporting analysis for
each factor considered. The Assistant Administrator for Fisheries, NOAA
(AA) determined that the framework adjustments to the FMP that this
rule would implement are consistent with the national standards, other
provisions of the Magnuson Act, and other applicable law. The AA, in
making that determination, has taken into account the information,
views, and comments received during the two public hearings and comment
period under the FMP's framework adjustment mechanism as specified in
50 CFR 651.40. Considering the opportunity for public comment at
Council meetings on January 12 through 13, February 16 through 17,
March 17, and April 6 through 7, and Groundfish Committee meetings on
February 2 through 3 and February 24, and considering the need for
immediate resource protection for the groundfish stocks, the provisions
for continuing evaluation of the adjusted measures, and the timing of
the rule relative to the requirement that all vessels take twenty days
out of the fishery during May, 1994, the AA has waived for good cause
the proposed rules and additional comment period.
Classification
This final rule has been determined to be ``not significant'' for
purposes of E.O. 12866.
The AA finds there is good cause to waive prior notice under 5
U.S.C. 553(b) of the Administrative Procedure Act (APA). Prior notice
is impracticable and contrary to the public interest because it would
cause undue burdens on some members of the groundfish fishing industry
and would further delay full implementation of conservation measures
intended to replenish groundfish stocks. Further, the AA finds that the
public meetings held by the Council to discuss designation of beginning
and ending dates for the fishing year for this fishery provided
opportunity for public comment to be considered. The AA finds that
under section 553(d) of the APA the need to have this regulation in
place by May 1, 1994, is good cause to waive the 30-day delay in
effectiveness of this regulation.
List of Subjects in 50 CFR Part 651
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: April 27, 1994.
Rolland A. Schmitten,
Assistant Administrator National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 651 is revised
as follows:
PART 651--NORTHEAST MULTISPECIES FISHERY
1. The authority citation for part 651 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. Section 651.2 is amended by adding the definition of ``fishing
year'', in alphabetical order, to read as follows:
Sec. 651.2 Definitions.
* * * * *
Fishing year means the 12-month period beginning May 1 and
extending through April 30 of the following year.
* * * * *
3. Section 651.22 is amended by revising paragraphs (b)(1)(i), the
first sentence of (b)(3)(i), paragraphs (b)(3)(ii), (b)(3)(iv), (b)(7),
(c)(1)(i) heading, (c)(1)(i)(A), (c)(1)(i)(E) and (c)(1)(i)(F) to read
as follows:
Sec. 651.22 Effort-control program for limited access vessels.
* * * * *
(b) * * *
(1) * * *
(i) Beginning on May 1, 1994, any vessel that is greater than 45 ft
(13.7 m) in length and eligible for a limited access permit, except a
combination vessel, may elect to fish under the Individual DAS program
by making such election at the time of application for or renewal of a
limited access permit. For fishing year 1996 and thereafter, the vessel
must remain in the DAS program assigned to it in fishing year 1995.
* * * * *
(3) * * *
(i) Each vessel participating in the Individual DAS program shall
be allocated, for each fishing year, the maximum number of days at sea
it may fish in the multispecies finfish fishery according to the
criteria and table specified in paragraph (b)(3)(ii) of this section. *
* *
(ii) Annual DAS allocations. Vessels fishing under the Individual
DAS program will receive and be subject to annual allocations of DAS
based on a fishing year as specified in the following table. These
allocations are determined by reducing the vessel's Individual DAS as
calculated under paragraph (b)(2) of this section by 10 percent each
fishing year, including the first year, for the first 5 fishing years
of the effort reduction program. Each fishing year shall begin on May 1
and extend 12 months through April 30 of the following year.
Individual-DAS Allocation=X Days
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Fishing year Annual allocation
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1994.............................................. x-10% days.
1995.............................................. x-20% days.
1996.............................................. x-30% days.
1997.............................................. x-40% days.
1998.............................................. x-50% days.
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* * * * *
(iv) All vessels fishing under the Individual DAS program must
declare out of the multispecies finfish fishery for at least one 20-day
period between May 1 and May 31, or between March 1 and April 30, of
each fishing year using the notification requirements specified under
Sec. 651.29(a). If a vessel owner has not declared, or taken, the
period of time required between May 1 and May 31 or between March 1 and
April 10, of each fishing year on or before April 11 of each such year,
the vessel is subject to the possession limit specified under
Sec. 651.27(a) during the period April 11 through April 30, inclusive.
* * * * *
(7) Status of vessels pending appeal of DAS allocations. All
vessels, while appealing their Individual-DAS allocation, may fish
under the Fleet-DAS program and are subject to all requirements
applicable to the Fleet-DAS program unless otherwise exempted, until
the Regional Director has made a final determination on the appeal. Any
DAS spent fishing for multispecies finfish shall be counted against the
Individual-DAS allocation that the vessel may ultimately receive. If
before this appeal is decided, a vessel exceeds the number of days it
is finally allocated after appeal, the excess days will be subtracted
from the vessel's allocation of days in fishing year 1995.
* * * * *
(c) * * *
(1) * * *
(i) Days in which a vessel may not possess more than 500 lbs (226.8
kg) of regulated species.
(A) During each fishing year, beginning with 1994, vessel owners of
all such vessels must declare periods of time out of the multispecies
fishery totaling at least the minimum number of days listed for each
such fishing year in the following schedule. Each period of time
declared must be at least 20 consecutive days. At least one 20-
consecutive-day period must be declared or taken between May 1 and May
31, or between March 1 and April 10, of each fishing year. Each fishing
year shall begin on May 1 and extend 12 months through April 30 of the
following year.
------------------------------------------------------------------------
Days out of
Fishing year multispecies
fishing
------------------------------------------------------------------------
1994................................................. 80
1995................................................. 80
1996................................................. 128
1997................................................. 165
1998................................................. 200
1999................................................. 233
------------------------------------------------------------------------
* * * * *
(E) If a vessel owner has not declared, or taken, the period of
time required between May 1 and May 31, or between March 1 and April
10, of each fishing year on or before April 11 of each such year, the
vessel is subject to the possession limit specified under
Sec. 651.27(a) during the period April 11 through April 30, inclusive.
(F) If a vessel owner has not declared, or taken, any or all of the
remaining periods of time required under paragraph (c)(1)(i) of this
section, by the last possible date to meet the requirement, the vessel
is subject to the possession limit specified under Sec. 651.27(a) from
that date through the end of the fishing year.
[FR Doc. 94-10521 Filed 4-28-94; 4:06 pm]
BILLING CODE 3510-22-P
