[Federal Register Volume 59, Number 57 (Thursday, March 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6883]


[[Page Unknown]]

[Federal Register: March 24, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

 

50 CFR Part 651

[Docket No. 940232-4032; I.D. 031594E]

Northeast Multispecies Fishery

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

ACTION: Notification of Flexible Area Action System.

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SUMMARY: NMFS issues this notification to inform the public and the 
fishing industry that the New England Fishery Management Council 
(Council) is considering Flexible Area Action System #8 (FAAS) 
implementing regulations for the Northeast Multispecies Fishery 
Management Plan (FMP). The purpose of the action would be to address 
the discard problems associated with a substantial concentration of 
spawning and sub-legal sized haddock. This action is initiated in part 
based on the data and information generated in support of FAAS #7, 
which was not implemented by NMFS due, in part, to insufficient 
supporting data. The area affected is located offshore of Cape Cod, MA 
and is in and around the area known as Closed Area I.

DATES: Comments on this proposed action must be received by April 7, 
1994. The Council's Multispecies Committee (Committee) will hold a 
public hearing on April 7, 1994, at 1:30 p.m., at the King's Grant Inn, 
Danvers, MA.

ADDRESSES: Copies of the NMFS Northeast Regional Director's fact-
finding report and the Council's impact analysis will be available on 
April 1, 1994, upon request from Douglas G. Marshall, Executive 
Director, New England Fishery Management Council, 5 Broadway (Route 1), 
Saugus, MA 01960; telephone 617/231-0422.
    Send comments on the proposed action, the fact-finding report, and 
the Council's impact analysis to Richard B. Roe, Regional Director, 
NMFS, One Blackburn Drive, Gloucester, MA 01930.
    The Committee will hold a public hearing on April 7, 1994, at 1:30 
p.m. at the King's Grant Inn, Danvers, MA, in conjunction with a 
meeting of the Committee, to solicit comments on the proposed action.

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

SUPPLEMENTARY INFORMATION: This action is taken under 50 CFR 651.26 of 
the regulation implementing the Northeast Multispecies Fishery 
Management Plan. Section 651.26 specifies a FAAS whereby protection can 
be provided to concentrations of juvenile, sub-legal or spawning fish. 
As part of this process, the Director, Northeast Region, NMFS (Regional 
Director), will initiate a fact-finding investigation of the alleged 
problem. The Council will also provide an impact analysis of 
alternative measures that might be implemented under this action.
    The problem that may require measures to be taken under the FAAS is 
the possible discarding of large quantities of haddock, including 
spawning females. This situation may present an impediment to haddock 
spawning success, result in significant waste of haddock, and would be 
detrimental to the Council's haddock stock-rebuilding efforts. 
Fishermen are required to discard haddock due to either the 
implementation of emergency rules to protect haddock, which include a 
500-pound (226.8 kg) haddock possession limit, or the setting of a 19-
inch (14.26 cm) minimum legal size for haddock.
    The Council was alerted to this possible discard problem in early 
February, 1994 and initiated FAAS #7. The Regional Director conducted a 
fact-finding mission. The Committee formulated a recommendation to 
close an area on the basis of the fact-finding report, an additional 
sea-sampling report, and information presented at a public hearing. The 
Regional Director did not implement the Committee's recommendation to 
close the area because the information available was inconclusive, 
particularly with respect to the large area under consideration.
    The Council learned from a sea-sampling report in conjunction with 
FAAS #7 that 95 percent by weight of the haddock caught on that trip 
was discarded. On that trip, a sampling of discarded fish indicated 
that 80 percent of the discarded haddock was sub-legal size. The 
Council has requested the Regional Director to gather additional 
information under FASS #8 to determine whether a problem exists that 
requires management action.

Potential Area Affected

    (1) The potential area of the proposed action that could be 
affected includes the area in and around the area known as Closed Area 
1, defined at 50 CFR 651.21(a)(2) and encompassed by lines connecting 
the following points: (a) 40 deg.53' N. Latitude, 68 deg.53' W. 
Longitude; (b) 41 deg.35' N. Latitude, 68 deg.30' W. Longitude; (c) 
41 deg.50' N. Latitude, 68 deg.45' W. Longitude; (d) 41 deg.50' N. 
Latitude, 69 deg.00' W. Longitude; (e) 41 deg.30' N. Latitude, 
69 deg.00' W. Longitude; (f) 41 deg.30' N. Latitude, 69 deg.23' W. 
Longitude, and (a) 40 deg.53' N. Latitude, 68 deg.53' W. Longitude. 
Also included is the area defined by the Committee's recommendation in 
connection with FAAS #7 bounded by lines connecting the following 
coordinates: (a) 41 deg.30' N. Latitude, 69 deg.23' W. Longitude; (b) 
40 deg.45' N. Latitude, 68 deg.45' W. Longitude; (c) 40 deg.45' N. 
Latitude, 68 deg.30' W. Longitude; (d) 41 deg.30' N. Latitude, 
68 deg.30' W. Longitude; (a) 41 deg.30' N. Latitude, 69 deg.23' W. 
Longitude;
    (2) The species that could be affected by any action would be 
haddock and Atlantic cod, primarily, and any other species for which 
fisheries are forced to move to other areas for the period of a 
closure.
    (3) The types of gear that could be affected by this action are all 
types of gear capable of catching groundfish, including, but not 
limited to, otter trawls, sink gillnets, hook gear, scallop dredge 
gear, traps, and any other gear types directed at haddock or that catch 
haddock in the area defined as a result of the fact-finding.
    (4) The fisheries that would be impacted are the commercial and 
recreational groundfish and scallop fisheries that operate in the area 
of the proposed action and use the gear types listed above.
    (5) The principal ports that would be affected are Portland, ME; 
Gloucester, MA; Boston, MA; New Bedford/Fairhaven, MA; and Galilee, RI. 
Some smaller ports near these larger ports could also be impacted.
    (6) The expected duration of the action is between 3 weeks and 6 
months. If implemented as early as April 12, 1994, the action could 
last until October 9, 1994.
    (7) The Committee expects to recommend that those areas that are 
determined to have significant concentrations of spawning haddock be 
closed to fishing with the types of gear described in (3) above.
    Other actions which might be considered are implementation of any 
measures currently listed in the FMP and its implementing regulations, 
such as a minimum mesh size, etc.
    (8) The Council will begin analyzing the potential impacts from 
possible action upon publication of this notice.
    (9) The Council's impact analysis will be available on April 1, 
1994.
    This meeting is accessible to people with physical disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Douglas G. Marshall (see ADDRESSES). Executive 
Director, New England Fishery Management Council, telephone 617-231-
0422.

List of Subjects in 50 CFR Part 651

    Fisheries, Fishing, Reporting and Recordkeeping requirements.

    Dated: March 18, 1994.
Richard H. Schaefer,
Director of Office of Fisheries, Conservation and Management, National 
Marine Fisheries Service.
[FR Doc. 94-6883 Filed 3-18-94; 4:43 pm]
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