[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23045]
[[Page Unknown]]
[Federal Register: September 19, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 651
[Docket No. 940951-4251; I.D. 081694B]
Northeast Multispecies Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement Framework Adjustment
6 to the Northeast Multispecies Fishery Management Plan (FMP). The
intent of this rule is to reduce the catch of juvenile silver hake in
the Cultivator Shoal whiting (silver hake) fishery by increasing the
minimum mesh size from 2\1/2\ inches (6.35 cm) to 3 inches (7.62 cm).
EFFECTIVE DATE: October 19, 1994.
ADDRESSES: Copies of Amendment 5 to the FMP, its regulatory impact
review (RIR) and the initial regulatory flexibility analysis contained
within the RIR, its final supplemental environmental impact statement,
and Framework Adjustment 6 are available upon request from Douglas G.
Marshall, Executive Director, New England Fishery Management Council, 5
Broadway, Saugus, MA 01906-1097.
FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, NMFS, Fishery Policy
Analyst, 508-281-9252.
SUPPLEMENTARY INFORMATION:
Background
Amendment 4 to the FMP, published May 31, 1991 (56 FR 24724),
established the Cultivator Shoal whiting fishery, a specified area
within the Gulf of Maine/Georges Bank Regulated Mesh Area. For 3 years
preceding Amendment 4, NMFS had conducted an experimental fishery
program in the Cultivator Shoal area using NMFS sea samplers to collect
data about the silver hake fishery and particularly about the regulated
species bycatch. The data collected by sea samplers led to the
conclusion that the Cultivator Shoal whiting fishery had minimal impact
on regulated species.
Under the terms of Amendment 5 to the FMP (59 FR 9872, March 1,
1994), vessels may fish for silver hake in the Cultivator Shoal area
from June 15 through October 31, unless otherwise specified, if the
vessel: (1) Has onboard a letter of authorization issued by the
Director, Northeast Region, NMFS (Regional Director); (2) has a minimum
mesh size of 2\1/2\ inches (6.35 cm) applied to the first 160 meshes
counted from the terminus of the net; and (3) does not exceed the
possession limit of regulated species as specified in 50 CFR 651.27(a).
Fishing industry members recently asked the New England Fishery
Management Council (Council) to adopt more restrictive regulations to
conserve the silver hake stocks and protect this resource from a
potential increase in fishing effort directed at the juvenile component
of the stocks. Their concerns are based on at least two recent
developments in the industry that directly affect the silver hake
fisheries, as well as on the assessment scientists' uncertainty about
the stock status and the impact of those recent changes.
First, as restrictive management plans are implemented in other
fisheries in the region, a significant amount of potential fishing
effort is being displaced. Fishers anticipate that some portion of that
displaced fishing effort will be directed on silver hake, since this
fishery is relatively unregulated and the stocks are comparatively
stable. The effect of a sudden increase in fishing effort on silver
hake stocks and markets is uncertain, but potentially detrimental to
both. The most recent advisory report from the Stock Assessment
Workshop (SAW) in February 1994, which was SAW #17, states that,
although there are uncertainties regarding the exploitation pattern in
the silver hake fishery, it is recommended that any increase in effort
on these stocks be avoided.
Second, in the past year, an export market for juvenile silver hake
has emerged. The potential demand from this new market and its impact
on the stocks are unknown. Assessment scientists, while acknowledging
that natural mortality rates of juvenile silver hake are high and that
discards of juveniles in the traditional silver hake fisheries are
excessive, caution against any increase in fishing effort directed at
the juvenile sector. If juvenile mortality increases, the spawning
stock biomass will decline and the catch of large silver hake in
traditional fisheries will also decline.
Generally, increasing the mesh size will delay the age at which
fish become susceptible to the gear, thereby reducing juvenile
mortality. Increasing the mesh size from 2\1/2\ inches (6.35 cm) to 3
inches (7.62 cm), is intended to prevent a shift in the exploitation
pattern to younger fish in order to supply the juvenile export market.
With so many uncertainties and the need for caution surrounding the
impacts of the emerging juvenile fishery and the displacement of effort
from other fisheries, the Council has started preparing an FMP
amendment to regulate fishing for silver hake. Except for the
Cultivator Shoal program, fishing for silver hake is currently
unregulated and an FMP amendment is required in order to establish a
management regime for the entire fishery. However, because of the
length of time required for the FMP amendment process, and due to the
concerns stated by industry members, as noted above, the Council
initiated this framework action for the purpose of implementing
conservation measures as quickly as possible for the ongoing Cultivator
Shoal fishery.
Framework Adjustment 3 to the FMP limited the amount of regulated
species onboard vessels using small mesh to either 500 lb (226.8 kg) or
10 percent of the weight of non-regulated species, whichever is less.
In this rule, NMFS is adding language to the possession limit section
with the intent of clarifying how this adjustment pertains to the
Cultivator Shoal whiting fishery.
NMFS is amending the multispecies regulations following the
procedure for framework adjustments established by Amendment 5 and
codified in 50 CFR 651, subpart C. The Council followed this procedure
when making adjustments to the FMP, by developing and analyzing the
actions over the span of a minimum of two Council meetings, on May 12
and June 29, 1994. The Council provided the public with advance notice
of both the proposal and the analysis, and opportunity to comment on
them prior to and at the June 29 Council meeting. Upon review of the
analysis and public comment, the Council recommended to the Regional
Director that the measures contained in Framework Adjustment 6 be
published as a final rule. The Regional Director has further determined
that the measures in Framework Adjustment 6 are appropriate to publish
as a final rule.
Comments and Responses
In addition to the general public notification, the Council sent a
letter to each person who applied for authorization to fish in the
Cultivator Shoal Whiting Fishery Program informing him or her of the
Council's intent to take action, describing the proposals under
consideration, advising them of the availability of relevant documents
and analysis, and inviting comment. During the comment period spanning
the two required Council meetings, several members of the public
commented in favor of the 3-inch (7.62-cm) mesh proposal, and one
fisher opposed it on the grounds that it would reduce flexibility in
using different mesh sizes. NMFS believes that an increase in mesh size
is warranted to protect the juvenile component of the whiting stocks,
and hence the long-term viability of the fishery. One individual
questioned the scientific basis for the mesh-size increase. Generally,
an increase in mesh size correlates with fewer small fish being caught,
increasing the potential yield from the fishery by reducing the
revenues lost due to discarding or industrial use of the catch. The
traditionally preferred market size for silver hake has been 10 inches
(25.4 cm) or greater. According to silver hake selection curves,
approximately 22 percent of 10-inch (25.4-cm) fish would be caught by
3-inch (7.62-cm) mesh, as opposed to approximately 32 percent with a
2\1/2\-inch (6.35-cm) mesh. With the increased selectivity of the
larger mesh, discards that are predominantly of fish under 10 inches
(25.4 cm) may be reduced significantly. Other comments focused on the
minimum fish size and tolerance provision that the Council removed from
its proposal. These comments were taken into account by the Council and
NMFS in developing and approving these measures.
Classification
This final rule is exempt from review under E.O. 12866.
The Assistant Administrator for Fisheries, NOAA, finds there is
good cause to waive prior notice and opportunity for comment under 5
U.S.C. 553(b)(B). The provision of advance notice as described in this
rule and public meetings held by the Council to discuss the management
measures implemented by this rule provided adequate prior notice and
opportunity for public comment to be considered. Thus, additional
opportunity for public comment is unnecessary. Because no proposed rule
was required, this action is exempt from the procedures of the
Regulatory Flexibility Act.
List of Subjects in 50 CFR Part 651
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: September 13, 1994.
Gary Matlock,
Program Management Officer, 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 651.20 is amended by revising paragraph (a)(4)(i)(B) to
read as follows:
Sec. 651.20 Regulated mesh areas and restrictions on gear and methods
of fishing.
(a) * * *
(4) * * *
(i) * * *
(B) A minimum mesh size of 3 inches (7.62 cm) applied to the first
160 meshes counted from the terminus of the net;
* * * * *
3. Section 651.27 is amended by revising paragraph (a)(1)(ii)(A) to
read as follows:
Sec. 651.27 Possession limits.
(a) * * *
(1) * * *
(ii) * * *
(A) Any vessel lawfully fishing with or possessing onboard nets of
mesh smaller than the regulated minimum size as specified in
Sec. 651.20(a)(2) while fishing in the small-mesh exemption area or
Cultivator Shoal whiting fishery exemption area as described under and
in accordance with Sec. 651.20(a)(3) and Sec. 651.20(a)(4),
respectively, or any vessel fishing with nets of mesh smaller than the
regulated minimum size as specified in Sec. 651.20(c) and (d), is
prohibited from possessing onboard at any time during a trip, or
landing per trip, regulated species in excess of 10 percent, by weight,
of all other species on board, or 500 lb (226.8 kg), whichever is less.
* * * * *
[FR Doc. 94-23045 Filed 9-16-94; 8:45 am]
BILLING CODE 3510-22-P
