[Federal Register Volume 59, Number 89 (Tuesday, May 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11247]


[[Page Unknown]]

[Federal Register: May 10, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 651

[Docket No. 940423-4124, I.D. 031594E]

 

Northeast Multispecies Fishery

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

ACTION: Final notification to take no action under Flexible Area Action 
System (FAAS) #8.

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SUMMARY: NMFS issues this notification of the Regional Director's 
concurrence with the recommendation of the New England Fishery 
Management Council (Council) to take no action pursuant to FAAS #8, as 
provided for under implementing regulations for Amendment 5 to the 
Northeast Multispecies Fishery Management Plan (FMP). FAAS #8 initiated 
a process to consider 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.

ADDRESSES: Copies of the fact-finding report of the Director, Northeast 
Region, NMFS (Regional Director), and the Council's impact analysis may 
be requested from the New England Fishery Management 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: Section 651.26 of title 50 CFR specifies 
that FAAS's may be proposed and implemented to provide protection to 
concentrations of juvenile, sub-legal, or spawning fish. As part of the 
FAAS process, the Regional Director, at the request of the Council's 
Multispecies Committee, initiates a fact-finding investigation of 
alleged discard problems, and the Council provides an impact analysis 
of alternative measures that might be implemented under a given FAAS 
action.
    A notification initiating actions under proposed FAAS #8 was 
published on March 24, 1994 (59 FR 13923), informing the public of a 
potential problem with discards of spawning and sub-legal sized haddock 
in and around Closed Area I off Cape Cod, MA. The notification stated 
that the Council was considering recommending action to close the area 
to the use of gear capable of taking multispecies. As an alternative, 
the Council 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, and other less 
restrictive measures. The notification specified that the required 
reports would be available on April 1, 1994, and that written comments 
on the action would be accepted through April 7, 1994, at which time a 
public hearing on the matter would be held.
    A public hearing was conducted by the Council on April 7, 1994, 
where oral and written public comments were received. Two written 
comments were received by the close of business on the day of the 
public hearing. Both commenters supported implementation of FAAS #8, 
one citing a sea-sampled trip that occurred prior to or during the 
proposed FAAS #7; the other, expressing regret that FAAS #7 was not 
implemented.
    None of the commenters who testified at the public hearing 
expressed support for FAAS #8 based on the additional data collected. 
Three of the four commenters expressed regret at the disapproval of 
FAAS #7, as did several members of the Council, who went on record as 
planning to consider protection of spawning haddock in and around 
Closed Area I under the provisions of Amendment 5 as a priority for the 
1995 season. After careful consideration of the data, the Council 
concluded that the data indicated an apparent abatement of the discard 
problem, and recommended that the Regional Director take no action 
under proposed FAAS #8. After reviewing information presented in the 
required documents and the public testimony, the Regional Director 
concurred with the Council's recommendation not to implement any 
management measures under the proposed FAAS #8.

Classification

    This action is authorized by 50 CFR part 651 and is consistent with 
the Magnuson 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: May 3, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 94-11247 Filed 5-9-94; 8:45 am]
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