[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Notices]
[Pages 50806-50807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24746]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 950710176-6258-02; I.D. 080796B]
RIN 0648-AE50
Magnuson Act Provisions; Removal of Spawning Closure Provisions
from the Preliminary Fishery Management Plan (PMP) for Atlantic Herring
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Removal of spawning closure provisions.
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SUMMARY: NMFS announces a revision to the Atlantic herring PMP that
removes the spawning closure provisions. The revision is necessary to
allow a joint venture for Atlantic herring to be conducted in
previously closed areas and is intended to provide additional
opportunities to domestic fishers.
EFFECTIVE DATE: September 26, 1996.
ADDRESSES: Copies of the revised PMP for Atlantic herring may be
obtained from E. Martin Jaffe, Northeast Region, NMFS, One Blackburn
Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, Fishery Policy
Analyst, 508-281-9272.
SUPPLEMENTARY INFORMATION: The PMP, which set the initial
specifications for Atlantic herring, provides joint venture
opportunities in the exclusive economic zone by allocating a portion of
the allowable biological catch for joint venture processing (JVP). The
PMP also established permit conditions and restrictions for foreign
vessels that participate in joint venture fisheries.
The preparation of the PMP last year followed the provisions of the
Atlantic States Marine Fisheries Commission (ASMFC) plan and was
accomplished rapidly to accommodate requests from the industry. The
need to have access to the resource during the spawning season was not
fully considered. Both ASMFC and the New England Fishery Management
Council (Council) have now reconsidered the spawning closure
provisions, which may hinder industry development, and have concluded
that the restriction is unnecessary and should be removed. At its April
5, 1996, meeting, the ASMFC's Atlantic Herring Section voted to request
that NMFS remove the spawning area closure provisions from Sea Herring
Management Areas 2 and 3. ASMFC's request is consistent with the
Council's motion supporting such an action.
The recent Atlantic herring stock assessment showed an increase in
spawning stock biomass of 1 million metric tons (mt) compared to the
previous (Northeast Fisheries Science Center, 1993) assessment; the
spawning stock biomass almost doubled between the 1992 and 1993
assessments. Given the high stock level, removal of the spawning
closures during the months of October and November on Georges Bank and
in the southern New England/Mid-Atlantic Region would provide access to
foreign processing vessels and, with current levels of herring
abundance, the removal of even 40,000 mt (the total amount currently
available for JVP harvest), would have only a minimal impact on the
stock. Furthermore, collection of biological data during the spawning
season will provide valuable information for making future decisions
regarding spawning closures.
This notification informs the public that the PMP has been revised
to remove the spawning closure provisions.
This action has been determined to be not significant for purposes
of E.O. 12866.
This action is categorically excluded from the requirement to
prepare an environmental assessment in accordance with NOAA
Administrative Order 216-6 because it does not result in a significant
change in the original environmental action prepared for the PMP. The
removal of the spawning closures from the PMP provides access to
foreign processing vessels engaged in a joint venture with U.S. vessels
so that the former could receive fish from the latter. The foreign
vessels would not be permitted to place nets in the water. Without the
PMP change, U.S. fishing vessels will not be able to deliver their
catch from the areas in question to their joint venture partners.
The Assistant Administrator for Fisheries, NOAA, finds that there
is good cause to waive providing prior notice and opportunity for
comment under 5 U.S.C. 553(b)(B). Providing prior notice and
opportunity for comment is impractical and contrary to the public
interest due to the need to provide timely opportunity for joint
ventures to occur this Fall in an underutilized fishery. Because this
action relieves a restriction under 5 U.S.C. 553(d)(1), there is no
need to delay its effectiveness for 30 days.
Because prior notice and opportunity for comment is not required
for this action, no initial or final regulatory flexibility analysis is
required to be prepared by the Regulatory Flexibility Act, and none was
prepared.
[[Page 50807]]
Authority: 16 U.S.C. 1801 et seq.
Dated: September 20, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 96-24746 Filed 9-26-96; 8:45 am]
BILLING CODE 3510-22-F
