[Federal Register Volume 59, Number 55 (Tuesday, March 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6645]


[[Page Unknown]]

[Federal Register: March 22, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 651

[Docket No. 940232-4032; I.D. 030494B]

 

Northeast Multispecies Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Denial of flexible area action system.

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SUMMARY: NMFS issues this notification to announce denial of management 
actions recommended in Flexible Area Action System (FAAS) #7 by the New 
England Fishery Management Council (Council) for implementation as 
specified under implementing regulations for Amendment 5 to the 
Northeast Multispecies Fishery Management Plan (FMP). These 
recommendations specified management actions to close an area to 
fishing due to suspected high levels of discards affecting mortality on 
juvenile, sub-legal and spawning haddock in and around an area located 
offshore of Cape Cod, MA. The effect of this action is to leave the 
area open to fishing.

DATES: This notification of denial is effective March 21, 1994.

ADDRESSES: Copies of the NMFS Northeast Regional Director's (Regional 
Director) fact-finding report and the Council's Impact Analysis may be 
requested from the Council, Suntaug Office Park, 5 Broadway (Route 1), 
Saugus, MA 01960.

FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, NMFS, Fishery Policy 
Analyst, 508-281-9272.

SUPPLEMENTARY INFORMATION: This action was taken under Sec. 651.26 of 
the Northeast Multispecies Regulations. Section 651.26 specifies a FAAS 
to provide protection to concentrations of juvenile, sub-legal or 
spawning fish. As part of this process, the Regional Director initiated 
a fact-finding investigation of the alleged discard problem and the 
Council provided an impact analysis of alternative measures which might 
be implemented under this action.
    A notification initiating these actions under the FAAS was 
published on February 10, 1994 (59 FR 6232). The notification informed 
the public of a potential problem with discards of spawning haddock in 
the vicinity of Closed Area I off of Cape Cod, MA. The notification 
stated that the Council's Multispecies Committee (Committee) was 
considering recommending action to close the area to the use of gear 
capable of taking multispecies. As an alternative, the Committee was 
also considering the implementation of other measures under the FMP and 
its implementing regulations, including but not limited to, mesh size 
restrictions, catch limits, or other less restrictive measures. The 
notification specified that the required reports would be available on 
February 18, 1994, and that written comments on the action would be 
accepted through February 24, 1994, at which time, a public hearing on 
the matter would be held.
    A public hearing was conducted by the Committee on February 24, 
1994; oral and written public comments were received. One written 
comment was received from the Executive Secretary for Associated 
Fisheries of Maine. The Associated Fisheries of Maine supported the 
FAAS, citing a single sea-sampled trip in January 1994, which, in part, 
caused initiation of FAAS #7. The representative likened the 
circumstances to those surrounding the continued closure of Area II by 
extension of the emergency interim rule, effective from January 3, 
1994, through April 2, 1994. No other written comments were received.
    At the public hearing a representative from NMFS introduced a 
summary of a sea-sampled trip that conducted tows in Area I from 
February 19 through 22, 1994. A summary of the single trip indicated 
that there were discards of sub-legal haddock. The NMFS representative 
also read the fact-finding report into the record. Anecdotal 
information along with an analysis in the report of the sea-sampled 
trip that precipitated the FAAS #7 tended to support the initial claim 
of high discards of spawning and sub-legal haddock.
    A representative of the Conservation Law Foundation, in support of 
the proposed FAAS, introduced historical data from NMFS trawl surveys 
in recent years, as did the Regional Director, which showed a general 
movement of haddock to the South as the season progressed, which was 
generally confirmed by an NMFS scientist from the Northeast Fisheries 
Science Center.
    All commenters at the public hearing supported the proposed FAAS. 
There were no dissenters.
    The Committee, after reviewing the public record and the required 
documents, recommended that the Regional Director close the area 
described below under the provisions of the FAAS (50 CFR 651.26). 

------------------------------------------------------------------------
                                             Latitude N    Longitude W  
------------------------------------------------------------------------
A..........................................   41 deg.30'      69 deg.23'
B..........................................   40 deg.45'      68 deg.45'
C..........................................   40 deg.45'      68 deg.30'
D..........................................   41 deg.30'      68 deg.30'
A..........................................   41 deg.30'     69 deg.23' 
------------------------------------------------------------------------

    The Committee recommended that the closure be consistent with the 
closure of Area II under the emergency rules, and that the area be 
opened upon expiration of the Area II emergency action. However, the 
Regional Director, after reviewing information presented in the 
required documents and from public testimony, decided to disapprove the 
Committee's recommendation. In a letter to the Chairman of the 
Multispecies Committee, he stated that the data available to him and to 
the Committee were not conclusive. He further explained that with 
publication of the final regulations for Amendment 5 to the Northeast 
Multispecies regulations, and partial implementation of that amendment 
beginning March 1, 1994, former Closed Area I would be opened. Approval 
of this FAAS action would undo that particular provision of Amendment 
5. Finally, the Regional Director stated that the area under 
consideration is relatively large and traditionally important, 
especially to vessels fishing primarily from the ports of New Bedford, 
and Gloucester, MA. He concluded that the impact of the proposed FAAS 
could be severe if, in the absence of hard, verifiable data, closure 
was imposed on top of the restrictions already contained in Amendment 
5.
    The Regional Director intends to continue monitoring this area to 
determine the discard rate and whether it is significant. This will 
enable the Committee and the NMFS to act quickly should a documented 
spawning or sub-legal haddock discard problem justify such action.

Classification

    This action is authorized by 50 CFR part 651 and is consistent with 
the Magnuson Fishery Conservation and Management Act and other 
applicable law.

List of Subjects in 50 CFR Part 651

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 16, 1994.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 94-6645 Filed 3-21-94; 8:45 am]
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