[Federal Register Volume 59, Number 119 (Wednesday, June 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15160]
[[Page Unknown]]
[Federal Register: June 22, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 651
[Docket No. 940380-4164; I.D. 020194A]
RIN 0648-AG18
Northeast Multispecies Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS announces the approval of Amendment 6 to the Fishery
Management Plan for the Northeast Multispecies Fishery (FMP) and issues
final regulations to implement it. This rule continues on a permanent
basis three measures originally imposed by a temporary emergency rule:
A 500-lb (226.8-kg) possession limit for haddock year-round for all
vessels permitted under the FMP and for all vessels in possession of
haddock from or in the Exclusive Economic Zone (EEZ); a prohibition on
scallop dredge vessels from possessing or landing haddock from January
through June; and an extension of the time period of the closure of
Closed Area II to 6 months (from January through June), rather than 4
months (February through May), in 1995. The intended effect of this
rule is to protect depleted haddock stocks.
EFFECTIVE DATE: June 30, 1994.
ADDRESSES: Copies of the Environmental Assessment (EA) and Regulatory
Impact Review (RIR) supporting this action may be obtained from Allen
E. Peterson, Jr., Acting Regional Director, National Marine Fisheries
Service, One Blackburn Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy
Analyst, 508-281-9252.
SUPPLEMENTARY INFORMATION: Supplementary and background information on
Amendment 6 and the proposed implementing regulations (which were
initiated by NMFS rather than the New England Fishery Management
Council (Council)) was published in the preamble to the proposed rule
to implement Amendment 6 (59 FR 18092, on April 15, 1994), and is not
repeated here. All three of the measures contained in this final rule
are also contained in the emergency rule that is effective through June
30, 1994 (59 FR 15656, April 4, 1994).
The Council voted on February 17 to begin the resubmission process
for the disapproved 5,000-lb (2,268-kg) haddock possession limit in
Amendment 5 to the FMP by submitting a 750-pound (340-kg) possession
limit. The 750-pound (340-kg) limit was recommended by the Council on
the basis of Plan Development Team and Council staff analysis of the
haddock fishery. The 750-pound (340-kg) limit and a proposed
implementing rule were submitted to NMFS on March 31, 1994.
On April 28, 1994, NMFS disapproved the Council's 750-pound (340-
kg) limit because it was determined to be inconsistent with National
Standard 1 of the Magnuson Act, which requires that management measures
prevent overfishing while achieving, on a continuing basis, the optimum
yield from each fishery for the U.S. fishing industry.
This determination was based, in part, on data from the Northeast
Fisheries Science Center (NEFSC) that indicate that current haddock
catches are generally less than 500 pounds (226.8 kg). The Council's
argument that a 750-pound (340-kg) limit would allow vessels to keep
what would be discarded anyway, therefore, was no longer relevant to
this segment of the multispecies fishery. This additional information
which was available to NMFS at the time the resubmission was
disapproved, but not available to the Council at the time of its
analysis, underscores the appropriateness of a 500-pound (226.8-kg)
possession limit in order to ensure maximum protection to this severely
depleted resource. Accordingly, the 500-pound (226.8-kg) possession
limit is included in Amendment 6 and is implemented by this final rule.
NMFS also determined that, because scallop vessels fish in Closed
Area II during the period when haddock are congregated to spawn, all
scallop dredge vessels should be prohibited from landing or possessing
haddock during the closed period to ensure that such vessels do not
target these concentrations of haddock. While the Council requested
that the Regional Director consider whether scallop dredges should be
prohibited from being in the area during the closure, instead of being
prohibited from possessing or landing haddock, the information provided
by the NEFSC of NMFS did not support precluding scallopers from the
closed area. Accordingly the prohibition from possessing or landing
haddock is included in Amendment 6 and is implemented by this final
rule.
In addition, the resubmission package did not propose the extension
of the time closure of Closed Area II. The data acquired by the NEFSC
since the Council's analysis supports an extension of the time closure
in 1995, rather than beginning in 1996, as stipulated in Amendment 5.
The expansion of Closed Area II in time for 1995 will provide
additional protection to the concentrations of haddock that occur in
the area. The closure of Area II beginning in January rather than
February, and ending at the end of June rather than at the end of May,
should ensure that haddock beginning to concentrate in the area are
provided the fullest protection. Accordingly, an extension of the time
period of the closure is included in Amendment 6 and is implemented by
this final rule.
NMFS has approved Amendment 6 and hereby issues final implementing
regulations.
Comments and Responses
Written comments on the proposed rule to Amendment 6 to the FMP
were received by the NMFS from the Center for Marine Conservation (CMC)
and from the Council. The Council had no specific comment on the
proposed rule but went on record at its May 11-12, 1994, meeting and
again in writing on May 13, as supporting Amendment 6. In addition, on
March 8, 1994, prior to the beginning of the comment period for the
proposed rule to implement Amendment 6, the Council submitted comments
on proposed Amendment 6 and its EA/RIR.
Comment: The Council commented that proposed Amendment 6 and its
EA/RIR had several deficiencies in content and format including: The
need for a ``Purpose and need'' section, a clear statement of
objectives of the Amendment, a description of the consistency of the
Amendment with the national standards of Magnuson Act, evidence that
the Amendment's possession limit for haddock promotes efficiency in the
utilization of the resource, a section describing the Amendment's
relationship to other applicable law, better evidence that the 500-
pound possession limit is the proper preferred alternative compared to
several incremental amounts higher than 500 pounds, and a convincing
argument justifying preparation of an EA rather than an EIS.
Response: The final EA/RIR of Amendment 6 has been revised to
contain a ``Purpose and Need'' section (page 4), an improved objectives
statement (page 5), consistency of the Amendment with national
standards (page 75), evidence that the 500-pound haddock possession
limit promotes efficiency of the resource, and effects of the preferred
possession limit on the resource (pages 19-27), a discussion of
compliance of the Amendment with other applicable law (pages 72-76), a
comparison of the effects of the preferred alternative versus several
different haddock possession limit amounts (pages 19-37), and a
convincing argument for preparation of an EA rather than an EIS (pages
38, 72, and 73).
Comment: The CMC supported the protective measures contained in
Amendment 6 and suggested the possession limit on haddock be reflected
in three standard totes, consistent with the Council's recommendation
from its May (1994) meeting.
Response: The Council and the NMFS are aware of the need to ensure
that the haddock possession limit is adhered to strictly. The standard
tote, or box, measure is currently under review to determine whether
the number of totes allowed is sufficiently equivalent to 500 lb (226.8
kg).
Changes from the Proposed Rule
In Sec. 651.9(a)(12) and (e)(34), the phrase ``or the equivalent in
totes or boxes'' is added to reflect the language in the amendment and
to clarify the requirement.
Section 651.27(b)(1)(iii) is added to clarify who is subject to the
haddock possession limit and provisions specified in Sec. 651.27(b)(2).
Classification
The General Counsel of the Department of Commerce, when this rule
was proposed, certified to the Small Business Administration that this
action would not have a significant economic impact on a substantial
number of small entities. Fishing vessels that will be subject to this
rule rarely take more than 500-lb (226.8-kg) of haddock per trip
because of the severely depleted status of the stock. Based on the most
recent catch statistics, 68 percent of the fishing trips landing
groundfish landed no haddock, 84 percent involved less than 500 lb
(226.8 kg). The allowable bycatch of 500 pounds (226.8 kg) is expected
to discourage vessels from targeting haddock, promoting rebuilding of
the stock that will result in long term benefits to the groundfish
fleet. The measures in this rule will not result in a reduction of
annual gross revenues of more than 5 percent. Annual compliance costs
are not expected to increase total costs by more than 5 percent and are
not expected to be substantially higher for small, as compared to
large, business entities. The measures will not force more than 2
percent of small business entities to cease business operations. As a
result, an initial regulatory flexibility analysis was not prepared.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant Administrator for Fisheries, NOAA, finds that under
section 553(d)(3) of the Administrative Procedure Act, there is good
cause to waive part of the 30-day delay in effectiveness and make this
rule effective on June 30, 1994. This effective date will avoid a one
or two-week hiatus between the effective date of this rule with a 30-
day delay in effective date and the expiration of the emergency rule on
June 30, 1994, that imposes the three management measures contained in
this final rule. This will avoid confusion in the fishery, continue
protection of badly depleted stocks of haddock from further
overfishing; and enhance the likelihood that abundance of those stocks
begin replenishment.
List of Subjects in 50 CFR Part 651
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 16, 1994.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 651 is amended
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 651.9, paragraphs (a)(11), (a)(12), (e)(33), and (e)(34)
are revised to read as follows:
Sec. 651.9 Prohibitions.
(a) * * *
(11) Land haddock from, or possess haddock on board, a sea scallop
dredge vessel during the time specified in Sec. 651.27(b)(1).
(12) Land, or possess on board a vessel, more than 500 lb (226.8
kg) of haddock, or the equivalent in totes or boxes, as specified in
Sec. 651.27(b)(2), or violate any of the other provisions specified in
Sec. 651.27(b)(2).
* * * * *
(e) * * *
(33) Land haddock from, or possess haddock on board, a sea scallop
dredge vessel as specified in Sec. 651.27(b)(1).
(34) Land, or possess on board a vessel, more than 500 lb (226.8
kg) of haddock, or the equivalent in totes or boxes, as specified in
Sec. 651.27(b)(2), or violate any of the other provisions specified in
Sec. 651.27(b)(2).
* * * * *
3. Section 651.21, paragraph (b)(3) is revised to read as follows:
Sec. 651.21 Closed areas.
* * * * *
(b) * * *
(3) Duration. No fishing vessel or person on a fishing vessel may
fish or be in Closed Area II from January through June, except as
specified in paragraph (b)(4) of this section.
* * * * *
4. Section 651.27, paragraph (b) is revised to read as follows:
Sec. 651.27 Possession limits.
* * * * *
(b) Haddock possession limits.--(1) Scallop dredge vessels.
(i) No person owning or operating a scallop dredge vessel issued a
permit under this part may land haddock from, or possess haddock on
board, a scallop dredge vessel, from January 1 through June 30.
(ii) No person owning or operating a scallop dredge vessel may
possess haddock in, or harvested from, the EEZ, from January 1 through
June 30.
(iii) From July 1 through December 31, scallop dredge vessels and
persons owning or operating scallop dredge vessels, are subject to the
haddock possession limitations and provisions specified in
Sec. 651.27(b)(2).
(2) Other vessels. (i) No person owning or operating a vessel
issued a permit under this part may land, or possess on board a vessel,
more than 500 lb (226.8 kg) of haddock.
(ii) No person may land or possess on board a vessel more than 500
lb (226.8 kg) of haddock in, or harvested from, the EEZ.
(iii) Vessels subject to the haddock possession limit shall have on
board the vessel at least one standard box or one standard tote.
(iv) The haddock stored on board the vessel shall be retained
separately from the rest of the catch and shall be readily available
for inspection and for measurement by placement of the haddock in a
standard box or standard tote if requested by an authorized officer.
(v) The haddock possession limit is equal to 500 lb (226.8 kg) or
its equivalent as measured by the volume of four standard boxes or five
standard totes.
[FR Doc. 94-15160 Filed 6-17-94; 2:00 pm]
BILLING CODE 3510-22-W
