[Federal Register Volume 64, Number 148 (Tuesday, August 3, 1999)]
[Rules and Regulations]
[Pages 42042-42045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19851]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 990727204-9204-01; I.D. 072299A]
RIN 0648-AM87
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Gulf of Maine (GOM) Cod Landing Limit Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule; request for comments.
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SUMMARY: This rule adjusts the GOM cod landing limit by increasing it
from 30 lb (13.6 kg) to 100 lb (45.4 kg) per day-at-sea (DAS) with a
maximum GOM cod possession limit of 500 lb (226.8 kg) per trip and by
revising the ``running clock'' provision. The intent of this adjustment
is to address overfishing of GOM cod by reducing overall fishing
mortality and discards that have been reportedly occurring on trips
targeting other species managed under the Northeast Multispecies
Fishery Management Plan (FMP). The intent is to allow the fishing
industry to attain some economic benefit from their GOM cod incidental
catch, yet to be sufficiently restrictive to discourage a directed
fishery for GOM cod, which remains severely overfished. These interim
measures will provide intermediate relief from overfishing due to
excessive discards while permanent measures to remedy the problem are
developed by the New England Fishery Management Council (Council).
DATES: Effective August 3, 1999 through January 30, 2000; comments must
be received on or before September 2, 1999.
ADDRESSES: Copies of the documents supporting this action may be
obtained from the Northeast Regional Office, NMFS, One Blackburn Drive,
Gloucester, MA 01930-2298. Comments on the interim final rule may be
sent to the Regional Administrator, NMFS, One Blackburn Drive,
Gloucester, MA 01930-2298. Mark the outside of the
[[Page 42043]]
envelope ``comments on GOM cod trip limit adjustment.''
FOR FURTHER INFORMATION CONTACT: Richard A. Pearson, 978-281-9279.
SUPPLEMENTARY INFORMATION:
Background
GOM cod is overfished. The Advisory Report on Stock Status issued
pursuant to the 27th Stock Assessment Workshop (SAW) in July 1998
stated that GOM cod biomass has declined to an extremely low level.
Recruitment of cod to the fishery in 1996 through 1998 was the lowest
ever observed. In addition, survival of pre-recruits has been declining
and is at an all-time low. Fishing mortality has also been very high--
about 1.5 times greater than the fishing mortality rate threshold of
the overfishing definition and approximately twice the maximum fishing
mortality rate necessary to rebuild the stock under the rebuilding
schedule in the FMP. The low spawning stock biomass, high fishing
mortality, record low recruitment, and record low survival of pre-
recruit fish indicate that the stock is collapsing. The 27th SAW
Advisory Report stated that measures should be implemented to cease all
directed fishing on GOM cod and to minimize bycatch of the species. In
1998, the Stock Assessment Review Committee (SARC) recommended an
immediate reduction in fishing mortality to near zero.
In response to SAW 27 and to the recommendations of the SARC, the
Council, in January 1999, approved Framework Adjustment 27 to the FMP.
Framework 27 was necessary to address overfishing of several stocks, in
particular GOM cod, and to achieve the rebuilding goals of the FMP for
the 1999 multispecies fishing year. Framework 27 utilized a
conservative fishing mortality rate (F) reference point,
F0.1 = 0.16, to ensure that the fishing mortality rate
objective of Amendment 7 to the FMP (Fmax = 0.29) would not
be exceeded.
In developing the measures for Framework 27, the Council attempted
to balance the interests of several industry sectors. The measures that
the Council approved relied to a significant extent upon the premise
stated by the fishing industry that vessel owners could, and would,
avoid GOM cod when conducting fisheries for such other species as
flounder. Based largely upon this testimony, the Council approved
measures in Framework 27 consisting of a GOM cod landing limit of 200
lb (90.7 kg) per DAS and rolling closure areas, in an effort to balance
the need to protect GOM cod while still allowing fishing for other
species managed under the FMP. To ensure that the target total
allowable catch (TAC) level would not be exceeded, the Council also
approved a mechanism to reduce the landing limit to between 5 and 100
lb (2.3 and 45.4 kg) per DAS, triggered when 402 metric tons (mt) of
GOM cod was projected to be landed. Framework 27 also included several
important gear restrictions and other measures.
On May 1, 1999, areas off Massachusetts, including Stellwagen Bank,
which had been closed during February, March, and April under Framework
Adjustment 26, were reopened. Based upon projected landings data, the
trigger of 402 mt of GOM cod was reached on May 28, 1999. Accordingly,
the landing limit was reduced to 30 lb (13.6 kg) per DAS to ensure that
the TAC associated with F0.1 was not exceeded (64 FR 28937,
May 28, 1999). Almost immediately, high levels of GOM cod discards were
reported by the industry. Two factors apparently contributed to this
situation: (1) Despite previous testimony, the industry could not avoid
cod while fishing for other species; and (2) concentrations of cod in
the reopened closed areas were very large.
These reports of discarding prompted the Council on May 28, 1999,
by a 9-8 vote, to request the Secretary of Commerce to take emergency
action to increase the GOM cod landing limit up to 700 lb (317.5 kg)
per DAS, with the following two additional changes to the regulations:
[The first change to the rule is that] there would be a limit on
the allowance of overages equating to three days' landings. When
landing overages, a vessel must remain in port until sufficient time
has been deducted from its days-at-sea allocation. Currently, there
is no limit on the amount of overage a vessel can land on any trip
except for the vessel's total days-at-sea allocation. The second
change to the rule is that when a vessel lands an overage, it must
remain in port for two additional layover days after calling out of
the days-at-sea program. The Council decided to recommend this
course of action because it would minimize regulatory discards and,
with the mandatory layover requirement and overage limit, would
reduce the potential for vessels to direct effort and pulse fish on
cod.
However, NMFS determined that the current situation did not meet
NMFS' policy guidelines for taking emergency action under sec. 305(c)
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act). The policy guidelines (62 FR 44421, August 21,
1997) define an emergency, in part, as a situation that results from
recent, unforeseen events or recently discovered circumstances.
Although the magnitude of discarding is large, the Council was aware of
this possibility during its deliberations for Framework 27 and
considered the possible consequences when approving the measures. The
Council instead chose to rely upon industry testimony given during the
development of Framework 27, which stated that vessels could, and
would, avoid cod while targeting other species. Furthermore, a GOM cod
landing limit of 700 lb (317.5 kg) per DAS, even in conjunction with
the other measures proposed by the Council, would not be sufficient to
discourage a directed fishery for GOM cod and, most likely, would
result in the target TAC and overall fishing mortality objectives being
greatly exceeded, thereby worsening overfishing.
Interim measures are authorized under sec. 305(c) of the Magnuson-
Stevens Act when they are needed to reduce overfishing. Measures to
reduce high levels of discarding and overall fishing mortality are
necessary because, if left uncontrolled, the effectiveness of Framework
27 will be undermined. These measures contribute towards the
achievement of the GOM cod fishing mortality target in two ways: (1)
Allowing the retention of cod (100 lb (45.4 kg) per DAS) that would
otherwise be discarded enhances the profitability per day of a fishing
trip, compared to the status quo (30 lb (13.6 kg) per DAS), and
therefore, may provide more of an incentive for vessel owners to
decrease the length of their trips. A decrease in the length of trips
targeting other species will reduce the opportunity to encounter GOM
cod, and thereby reduce the overall fishing mortality, as compared to
the status quo. (2) Revising the ``running clock'' so that it may be
used for no more than 24 hours may reduce the incentive for industry to
target GOM cod, which may result in fewer overall discards and reduced
fishing mortality.
These interim measures allow vessels to land 100 lb (45.4 kg) of
GOM cod for the first 24-hour period of a trip or portion thereof,
after a vessel has called into the DAS program to start a trip on which
cod are landed. For example, a vessel that starts a trip at 6 a.m. may
call out of the DAS program at ll a.m. and land up to 100 lb (45.4 kg),
but the vessel cannot land any more GOM cod on a subsequent trip until
at least 6 a.m. on the following day. For trips longer than 24 hours, a
vessel may land up to an additional 100 lb (45.4 kg) for each
additional 24-hour block of DAS fished, or part of an additional 24-
hour block of DAS fished, up to a maximum possession limit of 500 lb
(226.8 kg) per trip. For example, a vessel that has been
[[Page 42044]]
called into the DAS program for 48 hours or less, but more than 24
hours, may land up to, but no more than, 200 lb (90.7 kg) of GOM cod.
However, for trips beyond 24 hours, if a vessel lands GOM cod and has
only been called into part of an additional 24-hour block of a DAS
(e.g., more than 24 hours but less than 48 hours), the vessel may only
land an additional 100 lb (45.4 kg) of cod provided the vessel operator
does not call out of the DAS program or depart from port, until the
remainder of the additional 24- hour block of the DAS has elapsed. For
example, a vessel that has been called into the DAS program for 49
hours, at the time of landing, may land only up to 300 lb (136.08 kg)
of cod, provided that the vessel operator does not call out of the DAS
program, or leave port, until 72 hours have elapsed from the beginning
of the trip. In effect, use of the ``running clock'' may not exceed 24
hours.
Vessels possessing multispecies permit categories C (small vessel),
H (handgear) and J (scallop limited access possession limit) are
subject to this same landing limit (100 lb (45.4 kg) per day), but with
a maximum possession limit of 300 lb (136.08 kg) of GOM cod per trip.
The adjusted GOM cod landing limit is set to provide a balance that
is more reflective of the actual level of cod encountered in directed
fishing for other species, yet that discourages directed fishing for
GOM cod. These interim measures are within the range of alternatives
analyzed for Framework 27, and will provide some relief from
overfishing due to excessive discards of GOM cod while other measures
are developed by the Council.
Increasing the daily GOM cod landing limit to 100 lb (45.4 kg) per
DAS allows vessels to retain cod that otherwise would have been
discarded under the current limit of 30 lb (13.6 kg) per DAS of cod.
Regulatory discards will be converted to economic benefits for vessels,
which could enhance the profitability of time spent fishing, compared
to the status quo, and may provide an incentive for vessel operators to
reduce the length of their trips. Shorter trips may reduce overall GOM
cod fishing mortality because there is less opportunity to encounter
cod. Although a higher trip limit may result in higher reported
landings of GOM cod than the current trip limit, it is projected that
the interim measures will bring the overall GOM cod fishing mortality
rate closer to the Fmax target than is likely to occur under
the status quo.
Conservation benefits will also be achieved by limiting the
``running clock'' to no more than 24 hours, and by instituting a
maximum possession limit for GOM cod of 500 lb (226.8 kg) per trip.
Under current regulations, there is only an indirect limit on the
``running clock,'' which requires vessels to call out of the DAS
program after 14 days. Limiting the ``running clock'' to no more than
24 hours and implementing a maximum possession limit prevents the
possibility that a vessel will target cod, retain several hundred
pounds, and then return to shore and let the DAS clock continue to run
to equate to the vessel's GOM cod landings. This is possible under
current regulations because many vessels do not utilize their entire
allocation of DAS and can afford to let the DAS clock run to account
for overages. Although the ``running clock'' was originally implemented
for the purpose of reducing regulatory discards, it has unintentionally
allowed industry to circumvent the daily GOM cod landing limit and
continue a directed fishery for GOM cod. Revising the ``running clock''
provision will reduce the incentive to target cod, which otherwise
would have occurred by increasing the trip limit. With fewer individual
vessels targeting cod, overall discards will be minimized.
Several options were considered in the development of these interim
measures, including a higher landing limit, additional closed areas in
conjunction with a higher limit, and a no-action alternative. A higher
landing limit would not be effective in curtailing a directed fishery
for GOM cod, as evidenced by the high volume of landings that occurred
under a 200 lb (90.7 kg) per DAS landing limit in May 1999 and
triggered the reduction of the landing limit to 30 lb (13.6 kg) per DAS
on May 28, 1999. Additional closed areas in conjunction with a higher
landing limit would have required additional analysis and could not
have been implemented in a timely manner. These interim measures, which
were analyzed in Framework 27, will help to reduce discards while
contributing to the achievement of the fishing mortality target.
The Council has initiated a framework action to modify the GOM cod
fishery management program, which would remain in effect through the
next fishing year if it is approved and implemented. NMFS will work
with the Council and the public, while these interim measures are in
place, to develop measures that reduce mortality on GOM cod, without
excessive discarding.
These measures will remain in effect for 180 days and may be
extended for an additional 180 days, provided the public has had
opportunity to comment on the measures. Accordingly, NMFS is seeking
public comment on these interim measures.
Classification
The Assistant Administrator for Fisheries (AA) finds that a delay
in action to reduce overfishing to provide prior notice and opportunity
for public comment would increase the likelihood of exceeding the GOM
cod target TAC and would increase the probable need for more severe
restrictions in the future. Thus, the AA, pursuant to authority set
forth at 5 U.S.C. 553(b)(B), for good cause finds that it would be
contrary to the public interest to provide prior notice and opportunity
for public comment for this rule. The increase in the GOM cod landing
limit relieves a restriction and, thus, under 5 U.S.C. 553(d)(1) is not
subject to a 30-day delay in effective date. With respect to the other
provisions of the rule, because of the need to implement these measures
in a timely manner to address overfishing of GOM cod, the AA finds good
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in
effectiveness.
This rule has been determined to be not significant for purposes of
E.O. 12866.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and Recordkeeping requirements.
Dated: July 28, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.10, paragraphs (f)(3)(i) and (ii) are suspended and
paragraph (f)(3)(iii) is added to read as follows:
Sec. 648.10 DAS notification requirements.
* * * * *
(f) * * *
(3) * * *
(iii) A vessel subject to the cod landing limit restriction,
specified in Sec. 648.86(b)(1)(iv), must enter port and call-out of the
DAS program no later than 14 DAS after starting a multispecies DAS
trip.
[[Page 42045]]
3. In Sec. 648.14, paragraphs (c)(23), (c)(24), and (c)(25) are
suspended and paragraphs (c)(27), (c)(28), (c)(29), and (c)(30) are
added to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(c) * * *
(27) Fail to enter port and call-out of the DAS program no later
than 14 DAS after starting (i.e., the time of the issuance of the DAS
authorization number) a multispecies DAS trip, as specified in
Sec. 648.10(f)(3)(iii), unless otherwise specified in
Sec. 648.86(b)(1)(iv), or unless the vessel is fishing under the cod
exemption specified in Sec. 648.86(b)(2).
(28) Enter port, while on a multispecies DAS trip, in possession of
more than the allowable limit of cod specified in Sec. 648.86(b)(1)(iv)
without reporting the cod hail weight, unless the vessel is fishing
under the cod exemption specified in Sec. 648.86(b)(2). Under no
circumstances may such a trip exceed 14 days in length.
(29) Fail to remain in port for the appropriate time specified in
Sec. 648.86(b)(1)(ii), except for transiting purposes, provided the
vessel complies with Sec. 648.86(b)(5).
(30) Land more than the allowable limit of cod specified in
Sec. 648.86(b)(1)(iv), unless the vessel is fishing under the cod
exemption specified in Sec. 648.86(b)(2).
* * * * *
4. In Sec. 648.82, paragraph (b)(3)(i) is suspended and paragraph
(b)(3)(iii) is added to read as follows:
Sec. 648.82 Effort-control program for limited access vessels.
* * * * *
(b) * * *
(3) * * *
(iii) DAS allocation. A vessel qualified and electing to fish under
the small vessel category may retain up to 300 lb (136.1 kg) of cod,
haddock, and yellowtail flounder, combined, per trip without being
subject to DAS restrictions, provided that the amount of cod on board
does not exceed the daily cod limit specified in Sec. 648.86(b), up to
a maximum of 300 lb (136.1 kg) of cod for the entire trip. Such a
vessel is not subject to a possession limit for other NE multispecies.
* * * * *
5. In Sec. 648.86 paragraphs (b)(1)(i), (b)(1)(ii)(A), and (b)(3)
are suspended and paragraphs (b)(1)(iv) and (b)(5) are added to read as
follows:
Sec. 648.86 Possession restrictions.
* * * * *
(b) * * *
(1) * * *
(iv) Landing limit. Notwithstanding any other provisions of this
part, the following measures shall be in effect from August 3, 1999
until January 30, 2000. Except as provided in paragraph (b)(2) of this
section, and subject to the call-in provision specified in
Sec. 648.10(f)(3)(iii), a vessel fishing under a NE multispecies DAS
may land only up to 100 lb (45.4 kg) of cod during the first 24-hour
period after the vessel has started a trip on which cod were landed
(e.g., a vessel that starts a trip at 6 a.m. may call out of the DAS
program at ll a.m. and land up to a 100 lb (45.4 kg), but the vessel
cannot land any more cod on a subsequent trip until at least 6 a.m. on
the following day). For each trip longer than 24 hours, a vessel may
land up to an additional 100 lbs (45.4 kg) for each additional 24-hour
block of DAS fished, or part of an additional 24-hour block of DAS
fished, up to a maximum of 500 lb (226.8 kg) per trip (e.g., a vessel
that has been called into the DAS program for 48 hours or less, but
more than 24 hours, may land up to but no more than 200 lb (90.7 kg) of
cod). A vessel that has only been called into part of an additional 24-
hour block of a DAS (e.g., a vessel that has been called into the DAS
program for more than 24 hours but less than 48 hours) may land up to
an additional 100 lb (45.4 kg) of cod for that trip provided that the
vessel complies with the following:
(A) The vessel operator does not call-out of the DAS program as
described under Sec. 648.10(c)(3) and does not depart from a dock or
mooring in port, unless transiting as allowed in paragraph (b)(5) of
this section, until the rest of the additional 24-hour block of the DAS
has elapsed regardless of whether all of the cod on board is offloaded
(e.g., a vessel that has been called into the DAS program for 25 hours,
at the time of landing, may land only up to 200 lb (90.7 kg) of cod,
provided the vessel does not call out of the DAS program or leave port
until 48 hours have elapsed from the beginning of the trip).
(B) Comply with paragraph (b)(1)(ii)(B) of this section.
(C) Vessels must have at least one standard tote on board. Cod on
board a vessel subject to this landing limit must be separated from
other species of fish and stored so as to be readily available for
inspection.
* * * * *
(5) Transiting. A vessel that has exceeded the cod landing limit as
specified in paragraph (b)(1) of this section, and is therefore,
subject to the requirement to remain in port for the period of time
described in paragraph (b)(1)(iv) of this section may transit to
another port during this time, provided that the vessel operator
notifies the Regional Administrator (see Table 1 to Sec. 600.502 of
this chapter) either at the time the vessel reports its hailed weight
of cod or at a later time prior to transiting and provides the
following information: vessel name and permit number, destination port,
time of departure, and estimated time of arrival. A vessel transiting
under this provision must stow its gear in accordance with one of the
methods specified in Sec. 648.81(e) and may not have any fish on board
the vessel.
* * * * *
6. In Sec. 648.88, paragraph (a)(1) is suspended and paragraph
(a)(3) is added to read as follows:
Sec. 648.88 Open access permit restrictions.
(a) * * *
(3) Notwithstanding any other provisions of this part, the
following measures shall be in effect from August 3, 1999 until January
30, 2000. The vessel may possess and land up to 300 lb (136.1 kg) of
cod, haddock, and yellowtail flounder, combined, per trip, and
unlimited amounts of the other NE multispecies, provided that the
amount of cod on board does not exceed the daily cod limit specified in
Sec. 648.86(b)(1)(iv), up to a maximum of 300 lb (136.1 kg) of cod for
the entire trip, and that the vessel does not use or possess on board
gear other than rod and reel or handlines while in possession of,
fishing for, or landing NE multispecies, and provided it has at least
one standard tote on board.
* * * * *
[FR Doc. 99-19851 Filed 7-29-99; 4:00 pm]
BILLING CODE 3510-22-F
