[Federal Register Volume 60, Number 187 (Wednesday, September 27, 1995)]
[Proposed Rules]
[Pages 49821-49823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23879]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 656
[Docket No. 950915230-5230-01; I.D. 062895A]
RIN 0648-AH57
Atlantic Striped Bass Fishery; Change in Regulations for
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 comments on a proposed rule which would
remove a Federal moratorium on the harvest or possession of Atlantic
striped bass in the exclusive economic zone (EEZ), 3-200 nautical miles
(5.6-370.6 km) offshore from Maine to Florida, and impose a minimum
size limit of 28 inches (71.1 cm) (total length), for Atlantic striped
bass possessed in or harvested from the EEZ. State regulations would
apply to any striped bass being transported into a state's jurisdiction
from the EEZ.
DATES: Written comments must be received on or before October 27, 1995.
ADDRESSES: Send comments on this proposed rule or supporting documents
to Richard H. Schaefer, Director, Office of Fisheries Conservation and
Management, National Marine Fisheries Service, 1315 East-West Highway,
Silver Spring, MD 20910. Copies of the environmental assessment/
regulatory impact review are available from the same address.
FOR FURTHER INFORMATION CONTACT: William T. Hogarth, 301-713-2339.
SUPPLEMENTARY INFORMATION:
Background
This proposed rule is promulgated under the Atlantic Striped Bass
Conservation Act (Act), Public Law 100-589, reproduced at 16 U.S.C.
1851 note. Section 6 of the Act requires the Secretary of Commerce
(Secretary) to promulgate regulations on fishing for Atlantic striped
bass in the EEZ that the Secretary determines to be consistent with the
national standards in section 301 of the Magnuson Fishery Conservation
and Management Act (Magnuson Act) (16 U.S.C. 1801 et seq.); and
necessary and appropriate to (1) ensure the effectiveness of State
regulations or a Federal moratorium on fishing for Atlantic striped
bass within the coastal waters of a state; and (2) achieve conservation
and management goals for the Atlantic striped bass resource. In
developing the regulations, the Secretary is required to consult with
the Atlantic States Marine Fisheries Commission (ASMFC), the
appropriate Regional Fishery Management Councils (Councils), and each
affected Federal, state and local government entity. The ASMFC, and the
Mid Atlantic and New England Regional Fishery Management Councils have
agreed that the moratorium should be removed.
The Atlantic striped bass occurs predominantly in internal state
waters and the territorial sea. Historically, only about 7 percent of
commercial landings have been taken seaward of 3 miles (5.6 km) from
the coastline. Management responsibility for Atlantic striped bass in
coastal waters resides primarily with the coastal states through the
ASMFC's Interstate Fisheries Management Plan for Striped Bass (Striped
Bass Plan). The Striped Bass Plan was adopted in 1981 by the coastal
states from Maine through North Carolina in response to a severe
decline in commercial landings and a decline in juvenile production in
Maryland.
There have been five amendments to the Striped Bass Plan to respond
to the changing condition of the stocks. Increasingly stricter state
regulations were imposed by Amendments 1 through 3 to the Striped Bass
Plan from 1981 through 1989. These regulations restricted further
harvest of Atlantic striped bass by recreational and commercial
fisheries and allowed rebuilding of the stocks. Amendment 4 to the
Striped Bass Plan, approved by ASMFC in October 1989, allowed for a
limited increase in harvest beginning in 1990. In November 1990, a
moratorium on the harvest and possession of striped bass in the EEZ was
implemented under the Act, to support the ASMFC Striped Bass Plan.
Amendment 5, approved in March 1995, completely replaced the
original Striped Bass Plan and all subsequent amendments and addenda.
Even though the ASMFC declared the striped bass stocks restored as of
January 1, 1995, with the exception of the Delaware river and the
Roanoke/Albemarle sound stocks, Amendment 5 took a conservative
approach and established a 2-year transition period during which the
increase in harvest is limited to a fishing mortality (F) rate of 0.33,
rather than a restored stock level of F = 0.40.
The Federal ban on the harvest and possession of striped bass in
the EEZ is being re-examined in view of the ASMFC's declaration that
striped bass have been restored and the ASMFC's regulations
implementing Amendment 5 to the Striped Bass Plan.
Relevant Activities Pursuant to Section 6
In response to Section 6 of the Act, NMFS considered several
regulatory options for the EEZ and consulted with the ASMFC, the New
England and Mid-Atlantic Councils, and other affected Federal and state
entities. There was no consensus view on what action NMFS should take.
As a result, NMFS considered the following four options:
Option 1 - Open the EEZ with no harvest or possession restrictions
on Atlantic striped bass.
Option 2 - Continue the prohibition on the harvest of Atlantic
striped bass in the EEZ.
Option 3 - Apply state regulations to fish caught in the EEZ.
Option 4 - Promulgate specific Federal regulations on Atlantic
striped bass fishing in the EEZ.
Discussion
The ASMFC has declared the Atlantic striped bass to be recovered
and consequently increased the allowable harvest in Amendment 5. The
allowable harvest is conservatively increased for the next 2 years
(until 1997) as a precautionary measure to assure the continued
rebuilding of the stocks. During this transitional fishery, an
unrestricted harvest of Atlantic striped bass from the EEZ (option 1)
would be contrary to the continued rebuilding of
[[Page 49822]]
the stocks and could potentially damage the spawning stocks.
Without restrictions on the harvest in the EEZ, as would be the
case in option 1, there is potential for a major commercial harvest
from the EEZ. Striped bass could be harvested in the EEZ and
transported to a state without striped bass regulations. This could be
detrimental to the continued health of the striped bass stocks.
Fishermen have been patient during the moratorium in the EEZ. To
continue the moratorium under option 2, after the ASMFC has declared
the stock recovered, would not be a good management practice or support
the ASMFC's actions under Amendment 5.
Option 3 is unacceptable, because applying the variety of state
regulations in the EEZ would be impractical and could possibly
discriminate among residents of different states. This approach would
require that current regulations in each state be reviewed and found
consistent with the national standards, and again reviewed if a state
changed its regulations. This option would also be impractical given
the wide variety of regulatory measures that states have implemented.
Option 4 is the most acceptable, because regulations in the EEZ can
be developed to complement ASMFC's Striped Bass Plan. The management of
Atlantic striped bass in state waters is primarily the responsibility
of the coastal states, and is accomplished through the ASMFC's Striped
Bass Plan. The ASMFC chose 28 inches (71.1 cm) as the minimum size a
state may select as a baseline conservation measure without having to
impose additional restrictions such as shorter seasons, smaller quotas,
etc., to compensate for a state size limit lower than 28 inches (71.1
cm). The ASMFC selected the 28-inch (71.1 cm) minimum size to allow a
significant portion of the striped bass population to reproduce before
reaching the harvest size. NMFS believes that a minimum size limit of
28 inches (71.1 cm) for striped bass in the EEZ would best complement
the ASMFC's Striped Bass Plan. The minimum size of 28 inches (71.1 cm)
in the EEZ would prevent a fishery from developing on the 12-14 inch
(30.5-35.6 cm) pan size fish that existed before the collapse of the
striped bass stocks.
In addition, NMFS does not intend to interfere with the enforcement
of state regulations within state waters. NMFS has examined the
individual state regulations, and has concluded that the state
regulations are consistent with the objective of the proposed Federal
regulation, and that application by states of their regulations to fish
harvested in the EEZ (as long as no striped bass under 28 inches (71.1
cm) are harvested or possessed in the EEZ) and transported into state
waters is necessary for effective state enforcement. An example of how
this would work is that in a state such as Massachusetts which has a
34-inch (86.4 cm) minimum size limit for recreationally caught striped
bass, a daily creel limit of one fish and a season that is open all
year, a fisherman who had five fish that were 28 inches (71.1 cm) in
length in the EEZ off Massachusetts would be fishing legally until he
entered state waters, at which time the state requirements of one fish
at a minimum size of 34 inches (86.4 cm) would be enforced by the
state. The same is true for a commercial fisherman in Massachusetts.
The minimum size limit is 34 inches (86.4 cm) and the season is from 1
July until the quota is reached. When a commercial fisherman reaches
the state waters of Massachusetts, the striped bass must be at least 34
inches (86.4 cm) in length, the commercial season open, and the fish
must meet any other state striped bass regulations. The bottom line is
that striped bass taken in the EEZ must be at least 28 inches (71.1
cm), but also, more importantly, must comply with the state striped
bass regulations when the striped bass are transported into state
waters. In addition, any striped bass taken in the EEZ and transported
into state waters for sale, must meet the state's commercial sale
regulations (proper state licenses, etc.) and the catch would be
applied against the state's seasonal quota. The actual quota is the
same whether the EEZ is open or not.
Only two states will have a minimum size limit of less than 28
inches (71.1 cm). These two states have a 24-inch (61.0 cm) minimum
size limit and meet the ASMFC conservation requirements by implementing
additional restrictions to compensate for the smaller size limit. The
ASMFC has currently frozen state size limits during the 2 year
transition period of the target mortality rate required by Amendment 5
to the Striped Bass Plan. However, NMFS is concerned that the potential
exists for every state to reduce its size limit below 22-24 inches
(55.9-61.0 cm), which could have a negative impact on the rebuilding of
spawning stocks. NMFS solicits comments on this issue. NMFS will
continue working with the ASMFC to ensure striped bass stocks are
protected.
Proposed Action
The proposed action would (1) remove the current moratorium on the
possession in or harvest from the EEZ of striped bass; and (2) prohibit
the possession in or harvest from the EEZ of striped bass less than 28
inches (71.1 cm) total length (measured from the tip of the snout to
the tip of the tail fin). The possession in the EEZ of striped bass
less than 28 inches (71.1 cm) total length, would be illegal,
regardless of where the fish were caught.
Classification
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.
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. As a result, a regulatory flexibility analysis was not
prepared.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
List of Subjects in 50 CFR Part 656
Fisheries, Fishing.
Dated: September 21, 1995.
Henry A. Beasly,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR Part 656 is
proposed to be revised to read as follows:
PART 656--ATLANTIC STRIPED BASS FISHERY
Sec.
656.1 Purpose and scope.
656.2 Relation to the Magnuson Act.
656.3 Definitions.
656.4 Civil procedures.
656.5 Specifically authorized activities.
656.6 Management measures.
656.7 Prohibitions.
Authority: 16 U.S.C. 1851 note.
Sec. 656.1 Purpose and scope.
This part implements section 6 of the Atlantic Striped Bass
Conservation Act Appropriations Authorization, Public Law 100-589, and
govern fishing for and possession of Atlantic striped bass on the
Atlantic coast.
Sec. 656.2 Relation to the Magnuson Act.
The provisions of sections 307 through 311 of the Magnuson Act, as
amended, regarding prohibited acts, civil penalties, criminal offenses,
[[Page 49823]]
forfeitures, and enforcement apply with respect to this part as if this
part were issued under the Magnuson Act.
Sec. 656.3 Definitions.
In addition to the definitions in the Magnuson Act and in
Sec. 620.2 of this chapter, the terms used in this part have the
following meanings:
Act means the Atlantic Striped Bass Conservation Act Appropriations
Authorization, Public Law 102-130, reproduced at 16 U.S.C. 1851 note.
Atlantic striped bass means members of stocks or populations of the
species Morone saxatilis, found in the waters of the Atlantic ocean
north of Key West, FL.
Land means to begin offloading fish, to offload fish, or to enter a
port with fish.
Total length measurement of fish from tip of snout to the tip of
the tail fin.
Sec. 656.4 Civil procedures.
The civil procedure regulations at 15 CFR part 904 apply to civil
penalties, seizures, and forfeitures under the Act and the regulations
of this part.
Sec. 656.5 Specifically authorized activities.
NMFS may authorize, for the acquisition of information and data,
activities that are otherwise prohibited by this part.
Sec. 656.6 Management measures.
(a) Minimum size in EEZ. Except as provided in paragraph (b) of
this section, the minimum allowable size for Atlantic striped bass
possessed in or harvested from the EEZ, regardless of state
regulations, is 28 inches (71.1 cm) total length (measured from tip of
the snout to the tip of the tail fin); and
(b) Regulations in state waters. Nothing in this part is intended
to interfere with any state's enforcement of that state's regulations
concerning Atlantic striped bass.
Sec. 656.7 Prohibitions.
In addition to the prohibitions set forth in Sec. 620.7 of this
chapter, the following prohibitions apply. It is unlawful for any
person to do any of the following:
(a) Possess in or harvest from the EEZ any Atlantic striped bass
that is less than the minimum size specified in Sec. 656.6;
(b) Catch, take, possess, or harvest and retain any Atlantic
striped bass in the EEZ that is less than the minimum size specified in
Sec. 656.6;
(c) Fail to return to the water immediately, with the least
possible injury, any Atlantic striped bass taken in the EEZ less than
28 inches (71.1 cm) in total length;
(d) Possess (on board a vessel) any Atlantic striped bass less than
the minimum size specified in Sec. 656.6 while such vessel is in the
EEZ; or
(e) 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 striped bass.
[FR Doc. 95-23879 Filed 9-26-95; 8:45 am]
BILLING CODE 3510-22-F
