[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Proposed Rules]
[Pages 48086-48087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23120]
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DEPARTMENT OF COMMERCE
50 CFR Part 649
[Docket No. 950912229-5229-01; I.D. 082895B]
RIN 0648-AF39
Management Options for the American Lobster Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking (ANPR); request for
comments.
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SUMMARY: NMFS is seeking comment on options for improving management of
the American lobster fishery. Two options specifically being considered
are withdrawing the American Lobster Fishery Management Plan (FMP)
under the Magnuson Fishery Conservation and Management Act (Magnuson
Act) and implementing regulations to govern the lobster fishery under
the Atlantic Coastal Fisheries Cooperative Management Act (ACFCMA), or
preparing a Secretarial amendment to the FMP under the Magnuson Act.
DATES: Written comments on this ANPR must be received on or before
November 2, 1995.
ADDRESSES: Comments on the ANPR should be sent to Dr. Andrew A.
Rosenberg, Regional Director, National Marine Fisheries Service,
Northeast Regional Office, 1 Blackburn Dr., Gloucester, MA 01930.
Copies of current Effort Management Team (EMT) proposals or Amendment 5
to the American Lobster Fishery Management Plan are available from
Douglas
[[Page 48087]]
Marshall, Executive Director, New England Fishery Management Council, 5
Broadway, Saugus, MA 01906-1097.
FOR FURTHER INFORMATION CONTACT: Paul H. Jones, 508-281-9273.
SUPPLEMENTARY INFORMATION:
Background
The American lobster fishery is prosecuted primarily in state
waters, and is managed under an FMP developed by the New England
Fishery Management Council (Council) in consultation with the Atlantic
States Marine Fisheries Commission (ASMFC). The primary objective of
the FMP is to serve as a vehicle for coordinated management of the
American lobster fishery throughout its range, which encompasses both
inshore waters under state jurisdictions and offshore waters under
Federal jurisdiction. Because the lobster resource supports important
inshore fisheries for States from Maine through New Jersey, these
States have developed regulations in compliance with the ASMFC
Interstate Management Plan. The Federal FMP and regulations both
strengthen and unify the state programs by implementing complementary
measures in Federal waters.
In 1993, an assessment of the status of the lobster resource
determined that it is overfished. In response, the Council developed
Amendment 5 to the FMP, which was implemented on July 20, 1994 (59 FR
31938, June 21, 1994). Amendment 5 established a limited access permit
system and an EMT for each of the four management areas. EMTs were made
up of industry members, state and Federal government personnel, and
Council staff. This approach provided a unique opportunity for members
of the industry to participate directly in the development of
management measures. Each EMT was required to develop a stock
rebuilding program for its area and make recommendations to the Council
by January 20, 1995 (50 CFR 649.43(a)). The Council would then
determine whether to adopt or modify the EMT's recommendations, provide
opportunity for public testimony, and submit management measures
sufficient to achieve the objectives of the FMP to the Director,
Northeast Region, NMFS (Regional Director), on or before July 20, 1995
(Sec. 649.43(c)). If the Council failed to submit management measures
sufficient to achieve the objectives of the FMP on or before July 20,
1995, NMFS, acting on behalf of the Secretary of Commerce, was to
determine whether to prepare an amendment to the FMP
(Sec. 649.42(a)(3)) (Secretarial amendment).
The EMT proposals were submitted on schedule. However, on June 28-
29, 1995, the Chair of the Council's Lobster Oversight Committee
reported that it would not meet the July 20, 1995, deadline. In
addition, several state directors informed the Council that they would
be unable to implement the EMT proposals, specifically with reference
to achieving the fishing mortality rate reduction rates and
administration of a trap-tag system embodied in Amendment 5.
Consequently, as called for by Amendment 5, NMFS must now consider
whether to prepare a Secretarial amendment or take other action, which
could include the option of withdrawal of the FMP.
Options
FMP Withdrawal
One option available to NMFS is to withdraw the FMP and implement
regulations under the ACFCMA. Under ACFCMA, these regulations must be:
(1) Necessary to support the effective implementation of an ASMFC
Interstate Fishery Management Plan and (2) consistent with the national
standards set forth in section 301 of the Magnuson Act. These
regulations could include continuation of the limited access permit
system as well as implementation of the EMT proposals to the extent
that such proposals are consistent with ACFCMA. This option would
remove management responsibility for the lobster fishery from the
Council's purview.
Secretarial Amendment
A second option provided under the Magnuson Act is for NMFS to
prepare a Secretarial amendment to the existing FMP, in accordance with
the national standards, the other provisions of the Magnuson Act, and
any other applicable law. The Magnuson Act provides that such action
can be taken if the Council fails to develop and submit, after a
reasonable period of time, any necessary amendment to an FMP, if the
fishery requires conservation and management.
Under this option, a Secretarial amendment could maintain current
regulations, such as the limited access permit system, and implement
some or all of the measures proposed by the EMTs as deemed consistent
with the objectives of the FMP. However, without the full commitment by
the States to implement complementary measures to an FMP amendment, the
EMT proposals may no longer be sufficient to achieve the fishing
mortality reduction goals. Therefore, additional measures, such as time
and/or area closures, for federally permitted vessels would be
considered. Under this option, the Council would have the opportunity
to comment on a Secretarial amendment and to amend the FMP in the
future.
Request for Comments
NMFS is interested in receiving comments on the options explained
above. The options discussed are not all-inclusive; suggestions for
alternative approaches are encouraged. After consideration of the
comments, NMFS will decide whether to proceed with any of the options
above or other options, as appropriate.
Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 5101 et seq.
Dated: September 13, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-23120 Filed 9-15-95; 8:45 am]
BILLING CODE 3510-22-F
