[Federal Register Volume 59, Number 73 (Friday, April 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9094]


[[Page Unknown]]

[Federal Register: April 15, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Part 651

[Docket No. 9403-80480; I.D. 020194A]

 

Northeast Multispecies Fishery; Possession Limit for Haddock

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

ACTION: Proposed rule.

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SUMMARY: NMFS proposes regulations to implement proposed Amendment 6 to 
the Fishery Management Plan for the Northeast Multispecies Fishery 
(FMP). These regulations would impose a 500-lb (226.8-kg) possession 
limit for haddock year-round for all vessels permitted under the FMP 
and for all vessels in possession of haddock from or in the exclusive 
economic zone (EEZ), prohibit scallop dredge vessels from possessing or 
landing haddock from January through June; and extend the time period 
of the closure of Closed Area II to 6 months (from January through 
June), rather than 4 months (February through May) in 1995. The 
intended effect of this rule is to protect depleted haddock stocks.

DATES: Comments are invited through May 14, 1994.

ADDRESSES: Copies of proposed Amendment 6/Environmental Assessment 
(EA)/Regulatory Impact Review (RIR) supporting this action may be 
obtained from Richard B. Roe, Regional Director, National Marine 
Fisheries Service, One Blackburn Drive, Gloucester, MA 01930.

FOR FURTHER INFORMATION CONTACT: Susan Murphy (Fishery Policy Analyst, 
Northeast Region, NMFS), 508-281-9252.

SUPPLEMENTARY INFORMATION: The primary species in the Northeast 
multispecies (groundfish) fishery have declined to record or near-
record low levels of stock abundance. To correct this, the New England 
Fishery Management Council (Council) developed Amendment 5 to the FMP, 
which was approved by NMFS on January 3, 1994, except for two measures 
(a 5,000-lb (2,268-kg) haddock possession limit and a winter flounder 
exemption) that were disapproved on September 30, 1993. A final rule to 
implement approved measures of Amendment 5 was published on March 1, 
1994 (59 FR 9872).
    Because of the very low abundance of spawning stock biomass for 
Georges Bank and Gulf of Maine stocks of haddock, and the occurrence of 
seasonal spawning congregations of haddock in the area known as Closed 
Area II on Georges Bank, an emergency rule was implemented to protect 
haddock, beginning January 3, 1994, through April 2, 1994 (59 FR 26, 
January 3, 1994), and recently extended through June 30, 1994 (59 FR 
15656, April 4, 1994). The original emergency rule: (1) Imposed a 500-
lb (226.8-kg) possession limit for haddock for all vessels permitted 
under the fishery, except sea scallop dredge vessels, which are 
prohibited from possessing or landing haddock; (2) closed Closed Area 
II to all vessels, except lobster pot vessels and scallop dredge 
vessels, from January through May; (3) expanded the size of Closed Area 
II by 20 minutes longitude to the west and 15 minutes latitude to the 
south (along its existing western and southern boundaries, intersecting 
with the Regulated Mesh Boundary line); (4) suspended the February 
through May closure of Closed Area I to all vessels except those using 
sink gillnet gear; (5) prohibited the transfer of fish at sea; and (6) 
banned pair trawling in the multispecies fishery.
    The final rule implementing Amendment 5, implemented indefinitely: 
(1) The expansion of the size of Closed Area II; (2) the closure of 
Area II from February through May in 1994 and 1995, and January through 
June, in 1996 and thereafter; (3) the suspension of the closure of 
Closed Area I to all vessels, except vessels using sink gillnet gear; 
(4) the prohibition on transfer of fish at sea; and (5) the ban on pair 
trawling. Therefore, proposed Amendment 6 and the current extension to 
the emergency rule do not contain these measures.
    NMFS proposed Amendment 6 under authority of section 304(c)(1)(B) 
of the Magnuson Fishery Conservation and Management Act (Magnuson Act), 
which authorizes NMFS to prepare and propose an amendment to an FMP 
(commonly referred to as a Secretarial amendment), if an amendment 
submitted by the Council (here, Amendment 5) has been partially 
disapproved and a revised amendment is not submitted by the Council. A 
notice of availability for Amendment 6 was published on February 7, 
1994 (59 FR 5563), which invited comments through March 26, 1994.
    The Council voted at its February 17 meeting to extend the 
emergency rule to protect haddock through June 30, 1994. As a result, 
the emergency rule has recently been extended through June 30 by 
publication in the Federal Register. The extension of the emergency 
rule maintained the 500-lb (226.8-kg) possession limit for haddock, and 
extended the time period for the closure of Closed Area II through 
June, rather than through May as contained in Amendment 5.
    Also at the February meeting, the Council voted to begin the 
resubmission process for the disapproved 5,000-lb (2,268-kg) haddock 
possession limit with a 750-lb (340-kg) possession limit.
    The Council resubmitted a 750-pound (340-kg) haddock possession 
limit on March 31, 1994. The resubmitted amendment has not yet been 
accepted for Secretarial review, and its approvability will be 
determined after public comments are received on the resubmitted 
amendment and its proposed rule. Also, due to the depleted condition of 
the haddock stocks, NMFS has determined that it would be inappropriate 
to allow the 500-lb (226.8-kg) haddock possession limit to lapse beyond 
the ending effective date of the emergency rule (June 30, 1994). 
Therefore, NMFS has determined that it is appropriate to propose 
Amendment 6 and publish proposed implementing regulations. However, if 
the Council's resubmitted haddock possession limit is approved and 
implemented by June 30, 1994, Amendment 6 to the FMP will be withdrawn.

Background

    Of particular concern are the haddock stocks on both Georges Bank 
and in the Gulf of Maine, which are at all-time low levels of 
abundance. Haddock landings in 1993 were the lowest in recorded 
history. The stock condition and landings will continue to decline 
until such time as meaningful measures are implemented to eliminate the 
overfished condition of the stocks and reduce the exploitation rate to 
levels that will allow significant rebuilding to take place.
    The 1993 spawning stock level for the Georges Bank stock is 
estimated to be 10,000 metric tons (mt), which is significantly lower 
than the 130,000 mt required to provide a maximum sustainable yield of 
47,000 mt. The most recent assessment of the Georges Bank haddock 
stock, conducted by the NMFS Stock Assessment Workshop, determined that 
the fishing mortality rate in 1991 was 0.52. More recent information 
from a Canadian assessment indicates that the 1992 fishing mortality 
rate was 0.6 and was probably higher in 1993.
    The overfishing definition for the Georges Bank haddock stock is 30 
percent of maximum spawning potential, which corresponds to a fishing 
mortality rate of 0.4. If this fishing mortality rate were achieved, 
the stock would be maintained at its present low level, but rebuilding 
would not take place. Rebuilding will only occur when the fishing 
mortality rate is reduced well below the 0.4 fishing mortality level. 
Given the depleted condition of the stock, reducing fishing mortality 
as far below 0.4 as practicable would be the most appropriate risk-
averse management approach to promote stock rebuilding.
    The Regional Director presented a new analysis of the condition of 
the stocks to the Council at its November 23 Multispecies Oversight 
Committee meeting and at its December 8-9 Council meeting and, in 
response, the Council proposed to implement by emergency rule: A 
closure of the expanded Closed Area II (beginning January 1, 1994); a 
prohibition on pair trawling; a haddock possession limit between 500 
lbs (226.8 kg) and 1,000 lbs (453.6 kg), at the discretion of the 
Regional Director, and a request that the Regional Director consider 
whether scallop dredges should be prohibited from the haddock spawning 
area during the closure of Area II.
    NMFS concurred with the Council's recommendation and the Regional 
Director's determination that the haddock possession limit should be 
500 lbs (226.8 kg) for the emergency rule. NMFS has initially 
determined that the same possession limit for haddock contained in the 
emergency rule is appropriate year-round, and Closed Area II should be 
closed beginning January each year, through June.
    A 500-lb (226.8-kg) haddock possession limit is expected to reduce 
fishing mortality below 0.4 and foster stock recovery. Although some 
haddock taken as bycatch will be discarded under the 500-lb (226.8-kg) 
limit, the 500-lb (226.8-kg) limit is sufficiently low to discourage 
targeting and high-grading on haddock. The 500-lb (226.8-kg) limit 
should provide considerable conservation benefits and is expected to 
pose little biological impact while mitigating adverse effects on the 
fishing fleets.
    Finally, a trip limit is expected to make enforcement of these 
haddock measures problematic. Compliance with the measures will also be 
closely monitored and, should enforceability become compromised, 
appropriate action could be taken by the Regional Director. Amendment 5 
prohibits transfer of fish at sea, unless authorized by the Regional 
Director, requires regulated species to be stored separately from other 
fish, and requires all vessels to carry a standardized tote. Proposed 
Amendment 6 would require that haddock be stored separately from the 
rest of the catch, so the amount of haddock on board can be measured at 
sea.
    The expansion of Closed Area II in time for 1995 will provide 
additional protection to the concentrations of haddock that occur in 
the area. The closure of Area II beginning in January rather than 
February, and ending at the end of June rather than at the end of May, 
should ensure that haddock beginning to concentrate in the area are 
provided the fullest protection.
    In addition to the longer closure period for Closed Area II, NMFS 
has initially determined that, because scallop vessels fish in Closed 
Area II during the period when haddock are congregated to spawn, all 
scallop dredge vessels should be prohibited from landing or possessing 
haddock during the closed period to ensure that such vessels do not 
target these concentrations of haddock. While the Council requested 
that the Regional Director consider the question of whether scallop 
dredges should be prohibited from the area during the closure, instead 
of a prohibition on landings, the information provided by the Northeast 
Fisheries Science Center of NMFS does not support precluding scallopers 
from the closed area. Therefore, the lesser action is proposed to 
reduce the impact on scallopers, yet provide some protection to 
spawning haddock.

Classification

    The General Counsel of the Department of Commerce has certified to 
the Small Business Administration that this action will not have a 
significant economic impact on a substantial number of small entities. 
Fishing vessels that would be subject to this rule rarely take more 
than 500 lbs (226.8 kg) of haddock per trip because of the severely 
depleted status of the stock. Based on the most recent catch 
statistics, 68 percent of the fishing trips landing groundfish landed 
no haddock, 84 percent involved less than 500 pounds. The allowable 
bycatch of 500 lbs (226.8 kg) is expected to discourage vessels from 
targeting haddock, promoting rebuilding of the stock that will result 
in long term benefits to the groundfish fleet.
    For the purposes of Executive Order 12866, this proposed rule has 
been determined to be ``not significant.''

List of Subjects in 50 CFR Part 651

    Fishing, Fisheries, Vessel permits and fees.

    Dated: April 11, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 651 is 
proposed to be 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 651.9, is amended by adding paragraphs (a)(11) and (12) 
and (e)(33) and (34) to read as follows:


Sec. 651.9  Prohibitions.

    (a) * * *
    (11) Land haddock from, or possess haddock on board, a sea scallop 
dredge vessel as specified in Sec. 651.27(b)(1).
    (12) Land, or possess on board a vessel, more than 500 lbs (226.8 
kg) of haddock, as specified in Sec. 651.27(b)(2) or violate any of the 
other provisions specified in Sec. 651.27(b)(2).
* * * * *
    (e) * * *
    (33) Land haddock from, or possess haddock on board, a sea scallop 
dredge vessel as specified in Sec. 651.27(b)(1).
    (34) Land, or possess on board a vessel, more than 500 lbs (226.8 
kg) of haddock as specified in Sec. 651.27(b)(2) or violate any of the 
other provisions specified in Sec. 651.27(b)(2).
* * * * *
    3. Section 651.21 is amended by revising paragraph (b)(3)(i) to 
read as follows:


Sec. 651.21  Closed areas.

* * * * *
    (b) * * *
    (3) Duration. (i) No fishing vessel or person on a fishing vessel 
may fish or be in Closed Area II during the period of January through 
June, except as specified in paragraph (b)(4) of this section.
* * * * *
    4. Section 651.27 is amended by adding paragraph (b) to read as 
follows:


Sec. 651.27  Possession limits.

* * * * *
    (b) Haddock possession limits--(1) Scallop dredge vessels. (i) No 
person owning or operating a scallop dredge vessel issued a permit 
under this part may land, or possess on board a vessel, haddock, from 
January 1 through June 30.
    (ii) No person operating a scallop dredge vessel may possess 
haddock in, or harvested from, the EEZ, from January 1 through June 30.
    (2) Other vessels. (i) No person owning or operating a vessel 
issued a permit under this part may land, or possess on board a vessel, 
more than 500 lbs (226.8 kg) of haddock.
    (ii) No person may possess on board a vessel more than 500 lbs 
(226.8 kg) of haddock in, or harvested from, the EEZ.
    (iii) Vessels subject to the haddock possession limit shall have on 
board the vessel at least one standard box or one standard tote.
    (iv) The haddock stored on board the vessel shall be retained 
separately from the rest of the catch and shall be readily available 
for inspection and for measurement by placement of the haddock in a 
standard box or standard tote if requested by an authorized officer.
    (v) The haddock possession limit is equal to 500 lbs (226.8 kg) or 
its equivalent as measured by the volume of four standard boxes or five 
standard totes.

[FR Doc. 94-9094 Filed 4-14-94; 8:45 am]
BILLING CODE 3510-22-P