[Federal Register Volume 60, Number 118 (Tuesday, June 20, 1995)]
[Proposed Rules]
[Pages 32130-32132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15023]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 697
[Docket No. 950605148-5148-01; I.D. 060195C]
RIN 0648-AH58
Atlantic Coast Weakfish Fishery; Moratorium in Exclusive Economic
Zone
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 requests public comment on proposed regulations that
would prohibit fishing for and possession of Atlantic coast weakfish
(weakfish) in the exclusive economic zone (EEZ) offshore from Maine
through Florida. The intent of the proposed regulations is to provide
protection to the overfished stock of weakfish, ensure the
effectiveness of state regulations, and to aid in the rebuilding of the
stock.
DATES: Written comments must be received on or before August 4, 1995.
ADDRESSES: Comments on the proposed rule should be sent to, and copies
of supporting documents, including a Draft Environmental Impact
Statement (DEIS) and Regulatory Impact Review (RIR), are available from
Richard H. Schaefer, Director, Office of Fisheries Conservation and
Management, National Marine Fisheries Service, 1315 East-West Highway,
Silver Spring, MD 20910-3282. NMFS will hold public hearings to receive
comments from fishery participants and other members of the public
regarding these proposed regulations. The dates and locations of public
hearings will be announced by notice in the Federal Register at least 2
weeks prior to the public hearing dates.
FOR FURTHER INFORMATION CONTACT: William T. Hogarth, 301-713-2339.
SUPPLEMENTARY INFORMATION:
Background
Section 804(b) of the Atlantic Coastal Fisheries Cooperative
Management Act (ACFCMA), 16 U.S.C 5101 et seq., states that, in the
absence of an approved and implemented Fishery Management Plan (FMP)
under the Magnuson Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.) (Magnuson Act), and after consultation with the
appropriate Fishery Management Council(s), the Secretary of Commerce
(Secretary) may implement regulations to govern fishing in the EEZ,
i.e., from 3-200 nautical miles (5.6-370.6 km). These regulations must
be (1) necessary to support the effective implementation of an
Interstate Fishery Management Plan (ISFMP) developed by the Atlantic
States Marine Fisheries Commission (Commission); and (2) consistent
with the national standards set forth in section 301 of the Magnuson
Act (16 U.S.C. 1851).
The Commission adopted a weakfish ISFMP in 1985, amended the plan
in 1994, and is currently developing a new amendment to rebuild
declining stocks [[Page 32131]] of weakfish. Federal regulations are
needed in the EEZ to support the Commission's effort to protect
weakfish.
The Mid-Atlantic Fishery Management Council (MAFMC) is the lead
Council for developing weakfish regulations in the EEZ. The MAFMC has
listed weakfish as a species in need of management, but has, to date,
not developed an FMP for the species. NMFS consulted with the MAFMC to
determine if the development of an FMP for weakfish was possible in the
immediate future. The MAFMC stated that because of its heavy workload
on other species, it would not be possible this year. Therefore,
Federal actions authorized by the ACFCMA remain the most effective
means to institute management measures in the EEZ that will support the
Commission's Plan for weakfish.
Purpose
Weakfish (Cynoscion regalis), a member of the family Scianidae, is
considered a single stock along the Atlantic coast, ranging from Maine
to Florida. The species is most abundant in shallow coastal and
estuarine waters from North Carolina to New York. The center of
weakfish abundance in the winter ranges from North Carolina southward
and in the summer from Delaware northward. Weakfish are taken both in
directed fisheries and as a bycatch in other fisheries.
Weakfish populations are overfished and are in a continuing serious
decline. Total landings have declined from 35,667 mt (80.0 million lb)
in 1980 to 3,628 mt (8.0 million lb) in 1993. The fishing mortality
rate (F) for weakfish averaged 1.26 for the period 1991-1993, (i.e., 64
percent of the population was harvested each year), and only 4 percent
of the population achieved spawning age. The F of 1.26 is about three
times the rate that should be applied to protect and rebuild the stock.
Since 1987, F has remained extremely high and has ranged from 1.087 to
1.948.
Concurrent with high fishing mortality, in recent years the
weakfish stock has exhibited a reduction in spawning stock biomass, and
a severe reduction in older fish (age 4 or older) taken. Ninety-nine
percent of the 1993 commercial catch consisted of age 3 or younger
fish. Recruitment to the stock has declined by 43 percent since 1990;
in 1993 recruitment values are indicative of recruitment failure. Also,
studies conducted at different areas along the coast show juvenile
recruitment at its lowest levels since these studies were begun.
The proposed rule would prohibit the harvest (catch and retention)
of weakfish from the Atlantic coast EEZ. The proposal provides the
strongest possible conservation measure, is easy to understand and
enforce, and is in the best long-term economic interests of both
commercial and recreational fishermen. It eliminates any claim that
weakfish were caught in the EEZ, when fishermen might otherwise have
caught fish illegally in state waters. Enforcement of the prohibition
is straightforward, because possession of weakfish on board a vessel in
the EEZ would be a violation of the regulation. The prohibition also
includes possession of weakfish taken as incidental catch (bycatch)
while fishing for other species, since such bycatch must be released to
the water as soon as possible. It allows for the development of a stock
rebuilding program and, therefore, resumption of the fishery in the
future.
Classification
This proposed rule is published under the authority of the ACFCMA.
Paragraphs (A) and (B) of section 804(b)(1) authorizes the Secretary to
implement regulations in the EEZ in the absence of a Magnuson Act FMP.
Such regulations must be necessary to support a Commission's ISFMP, and
consistent with the national standards set forth in section 301 of the
Magnuson Act. The Assistant Administrator for Fisheries has
preliminarily determined that these actions are consistent with the
national standards. The Secretary, before making the final
determinations, will take into account the data, views, and comments
received during the comment period.
NMFS prepared a DEIS/RIR for this rule, which is available (see
ADDRESSES). Five different alternatives to regulate the harvest of
weakfish in the EEZ were examined. The alternative to prohibit the
harvest and possession of weakfish in the EEZ provided the greatest
biological gains with only short-term economic loss. This alternative
also provided the best approach to reduce law enforcement loopholes.
The condition of the stock necessitates that regulations be placed on
the weakfish harvest in the EEZ to supplement the states regulations
and begin the rebuilding of this overfished stock. Applying state
regulations in the EEZ was considered, as well as establishing separate
specific regulations for the EEZ, or doing nothing at all.
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. The closure of the EEZ will have minimal impact on
recreational fishing, since recreational catch accounted for only 3
percent of the total catch in the EEZ in 1993. The North Carolina
commercial fishery was used to analyze the impact of this proposal on
the commercial fishery, since North Carolina accounted for 68 percent
of the weakfish caught commercially in the EEZ in 1993. In North
Carolina, the fly net trawl fishery, which consists of 11-15 boats,
harvests the majority of the fish. This proposed rule will result in
these boats either moving shoreward to state waters or directing their
fishing effort on other species such as dog fish sharks, flounder,
croaker, squid, or striped bass. This switch to fishing in state waters
or to targeting other species in the EEZ will mitigate, to a great
extent, any economic effects of this rule. Therefore, the proposed rule
should not have a significant economic impact on small entities. As a
result, a regulatory flexibility analysis was not prepared. Further
information is available in the DEIS/RIR (See ADDRESSES).
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
List of Subjects in 50 CFR Part 697
Fisheries, Fishing.
Dated: June 13, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR Chapter VI is
proposed to be amended by adding part 697 to read as follows:
PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT
Subpart A--Atlantic Coast Weakfish Fishery
Sec.
697.1 Purpose and scope.
697.2 Definitions.
697.3 Prohibitions.
697.4 Relation to the Magnuson Act.
697.5 Civil procedures.
697.6 Specifically authorized activities
Subpart B--[Reserved]
Authority: 16 U.S.C. 5101 et seq., unless otherwise noted.
Sec. 697.1 Purpose and scope.
The regulations in this part implement section 804(b) of the
Atlantic Coastal Fisheries Cooperative [[Page 32132]] Management Act,
16 U.S.C. 5101 et seq., and govern fishing for and possession of
Atlantic Coast weakfish in the EEZ.
Sec. 697.2 Definitions.
The terms used in this part have the following meanings:
Act means the Atlantic Coastal Fisheries Cooperative Management
Act, 16 U.S.C. 5101 et seq.
Area of Custody means any vessel, building, vehicle, live car,
pound, pier, or dock facility where Atlantic coast weakfish might be
found.
Atlantic Coast weakfish means members of stocks or populations of
the species Cynoscion regalis, found in the waters of the Atlantic
Ocean north of Key West, FL.
Authorized officer means:
(1) Any commissioned, warrant, or petty officer of the U.S. Coast
Guard;
(2) Any special agent or enforcement officer of the National Marine
Fisheries Service;
(3) Any officer designated by the head of any Federal or state
agency that has entered into an agreement with the Secretary to enforce
the Act; or
(4) Any Coast Guard personnel accompanying and acting under the
direction of any person described in paragraph (1) of this definition.
Catch, take, or harvest means, but is not limited to, any activity
that results in killing any fish or bringing any live fish on board a
vessel.
EEZ means the Exclusive Economic Zone of the United States, from 3
to 200 nautical miles (5.6-370.6 km) offshore of the United States,
beginning at the seaward boundary of the territorial sea of the coastal
states.
Fish means finfish (including highly migratory species), mollusks,
crustaceans, and all other forms of marine animal and plant life.
Fishing or to fish means:
(1) The catching, taking, or harvesting of fish;
(2) The attempted catching, taking, or harvesting of fish; or
(3) Any operation at sea in support of, or in preparation for, any
activity described in paragraphs (1) or (2) of this definition.
Land means to begin offloading fish, to offload fish, or to enter
port with fish.
Magnuson Act means the Magnuson Fishery Conservation and Management
Act, 16 U.S.C. 1801 et seq.
Person means any individual (whether or not a citizen of the United
States), corporation, partnership, association, or other entity
(whether or not organized or existing under the laws of any state), and
any Federal, state, local, or foreign government or any entity of any
such government.
Retain means to fail to return Atlantic Coast weakfish to the sea
immediately after the hook has been removed or the fish has otherwise
been released from the capture gear.
Secretary means the Secretary of Commerce or a designee.
Vessel means any boat, ship, or other craft that is used for,
equipped to be used for, or of a type that is normally used for:
(1) Fishing; or
(2) Aiding and assisting one or more vessels at sea in the
performance of any activity related to fishing, including, but not
limited to, preparation, supply, storage, refrigeration,
transportation, or processing.
Sec. 697.3 Prohibitions.
No person shall:
(a) Catch, take, or harvest and retain any Atlantic Coast weakfish
within the EEZ;
(b) Fail to return to the water immediately, with the least
possible injury, any Atlantic Coast weakfish taken within the EEZ
incidental to the commercial or recreational fishing for species of
fish other than Atlantic Coast weakfish;
(c) Possess any Atlantic Coast weakfish on board a vessel while
such vessel is in the EEZ;
(d) Possess, have custody or control of, ship, transport, offer for
sale, sell, purchase, land, import or export, or transfer any Atlantic
Coast weakfish taken and retained in violation of the Act or the
regulations in this part;
(e) Interfere with, obstruct, delay, or prevent by any means a
lawful investigation, search or seizure conducted in the process of
enforcing the Act;
(f) Make any false statement, oral or written, to an authorized
officer concerning the taking, catching, harvesting, landing, shipping,
transporting, selling, offering for sale, purchasing, importing or
exporting, or transferring of any Atlantic Coast weakfish;
(g) Refuse to allow an authorized officer to board any vessel or to
enter any area of custody for the purpose of conducting any search,
inspection, or seizure in connection with the enforcement of the Act or
the regulations in this part;
(h) Dispose of any Atlantic Coast weakfish, or parts thereof, or
other matter, in any manner, after any communication or signal from an
authorized officer, or after the approach by an authorized officer or
an enforcement vessel;
(i) Forcibly assault, resist, oppose, impede, intimidate, threaten
or interfere with any authorized officer in the conduct of any search,
inspection, or seizure in connection with enforcement of the Act or the
regulations in this part;
(j) Resist a lawful arrest for any act prohibited by the Act or
these regulations; or
(k) Interfere with, delay, or prevent by any means the apprehension
of another person, knowing that such person has committed any act
prohibited by the Act or the regulations in this part.
Sec. 697.4 Relation to the Magnuson Act.
The provisions of sections 307 through 311 of the Magnuson Act, as
amended, regarding prohibited acts, civil penalties, criminal
forfeitures, and enforcement apply with respect to the regulations in
this part, as if the regulations in this part were issued under the
Magnuson Act.
Sec. 697.5 Civil procedures.
The civil procedure regulations at 15 CFR part 904 apply to civil
penalties, seizures, and forfeitures under the Act and the regulations
in this part.
Sec. 697.6 Specifically authorized activities.
NMFS may authorize for the acquisition of information and data,
activities that are otherwise prohibited by these regulations.
Subpart B--[Reserved]
[FR Doc. 95-15023 Filed 6-19-95; 8:45 am]
BILLING CODE 3510-22-F
