[Federal Register Volume 59, Number 119 (Wednesday, June 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15160]


[[Page Unknown]]

[Federal Register: June 22, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 651

[Docket No. 940380-4164; I.D. 020194A]
RIN 0648-AG18

 

Northeast Multispecies Fishery

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

ACTION: Final rule.

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SUMMARY: NMFS announces the approval of Amendment 6 to the Fishery 
Management Plan for the Northeast Multispecies Fishery (FMP) and issues 
final regulations to implement it. This rule continues on a permanent 
basis three measures originally imposed by a temporary emergency rule: 
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); a prohibition on 
scallop dredge vessels from possessing or landing haddock from January 
through June; and an extension of 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.

EFFECTIVE DATE: June 30, 1994.

ADDRESSES: Copies of the Environmental Assessment (EA) and Regulatory 
Impact Review (RIR) supporting this action may be obtained from Allen 
E. Peterson, Jr., Acting Regional Director, National Marine Fisheries 
Service, One Blackburn Drive, Gloucester, MA 01930.

FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy 
Analyst, 508-281-9252.

SUPPLEMENTARY INFORMATION: Supplementary and background information on 
Amendment 6 and the proposed implementing regulations (which were 
initiated by NMFS rather than the New England Fishery Management 
Council (Council)) was published in the preamble to the proposed rule 
to implement Amendment 6 (59 FR 18092, on April 15, 1994), and is not 
repeated here. All three of the measures contained in this final rule 
are also contained in the emergency rule that is effective through June 
30, 1994 (59 FR 15656, April 4, 1994).
    The Council voted on February 17 to begin the resubmission process 
for the disapproved 5,000-lb (2,268-kg) haddock possession limit in 
Amendment 5 to the FMP by submitting a 750-pound (340-kg) possession 
limit. The 750-pound (340-kg) limit was recommended by the Council on 
the basis of Plan Development Team and Council staff analysis of the 
haddock fishery. The 750-pound (340-kg) limit and a proposed 
implementing rule were submitted to NMFS on March 31, 1994.
    On April 28, 1994, NMFS disapproved the Council's 750-pound (340-
kg) limit because it was determined to be inconsistent with National 
Standard 1 of the Magnuson Act, which requires that management measures 
prevent overfishing while achieving, on a continuing basis, the optimum 
yield from each fishery for the U.S. fishing industry.
    This determination was based, in part, on data from the Northeast 
Fisheries Science Center (NEFSC) that indicate that current haddock 
catches are generally less than 500 pounds (226.8 kg). The Council's 
argument that a 750-pound (340-kg) limit would allow vessels to keep 
what would be discarded anyway, therefore, was no longer relevant to 
this segment of the multispecies fishery. This additional information 
which was available to NMFS at the time the resubmission was 
disapproved, but not available to the Council at the time of its 
analysis, underscores the appropriateness of a 500-pound (226.8-kg) 
possession limit in order to ensure maximum protection to this severely 
depleted resource. Accordingly, the 500-pound (226.8-kg) possession 
limit is included in Amendment 6 and is implemented by this final rule.
    NMFS also 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 whether scallop dredges should be 
prohibited from being in the area during the closure, instead of being 
prohibited from possessing or landing haddock, the information provided 
by the NEFSC of NMFS did not support precluding scallopers from the 
closed area. Accordingly the prohibition from possessing or landing 
haddock is included in Amendment 6 and is implemented by this final 
rule.
    In addition, the resubmission package did not propose the extension 
of the time closure of Closed Area II. The data acquired by the NEFSC 
since the Council's analysis supports an extension of the time closure 
in 1995, rather than beginning in 1996, as stipulated in Amendment 5. 
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. Accordingly, an extension of the time 
period of the closure is included in Amendment 6 and is implemented by 
this final rule.
    NMFS has approved Amendment 6 and hereby issues final implementing 
regulations.

Comments and Responses

    Written comments on the proposed rule to Amendment 6 to the FMP 
were received by the NMFS from the Center for Marine Conservation (CMC) 
and from the Council. The Council had no specific comment on the 
proposed rule but went on record at its May 11-12, 1994, meeting and 
again in writing on May 13, as supporting Amendment 6. In addition, on 
March 8, 1994, prior to the beginning of the comment period for the 
proposed rule to implement Amendment 6, the Council submitted comments 
on proposed Amendment 6 and its EA/RIR.
    Comment: The Council commented that proposed Amendment 6 and its 
EA/RIR had several deficiencies in content and format including: The 
need for a ``Purpose and need'' section, a clear statement of 
objectives of the Amendment, a description of the consistency of the 
Amendment with the national standards of Magnuson Act, evidence that 
the Amendment's possession limit for haddock promotes efficiency in the 
utilization of the resource, a section describing the Amendment's 
relationship to other applicable law, better evidence that the 500-
pound possession limit is the proper preferred alternative compared to 
several incremental amounts higher than 500 pounds, and a convincing 
argument justifying preparation of an EA rather than an EIS.
    Response: The final EA/RIR of Amendment 6 has been revised to 
contain a ``Purpose and Need'' section (page 4), an improved objectives 
statement (page 5), consistency of the Amendment with national 
standards (page 75), evidence that the 500-pound haddock possession 
limit promotes efficiency of the resource, and effects of the preferred 
possession limit on the resource (pages 19-27), a discussion of 
compliance of the Amendment with other applicable law (pages 72-76), a 
comparison of the effects of the preferred alternative versus several 
different haddock possession limit amounts (pages 19-37), and a 
convincing argument for preparation of an EA rather than an EIS (pages 
38, 72, and 73).
    Comment: The CMC supported the protective measures contained in 
Amendment 6 and suggested the possession limit on haddock be reflected 
in three standard totes, consistent with the Council's recommendation 
from its May (1994) meeting.
    Response: The Council and the NMFS are aware of the need to ensure 
that the haddock possession limit is adhered to strictly. The standard 
tote, or box, measure is currently under review to determine whether 
the number of totes allowed is sufficiently equivalent to 500 lb (226.8 
kg).

Changes from the Proposed Rule

    In Sec. 651.9(a)(12) and (e)(34), the phrase ``or the equivalent in 
totes or boxes'' is added to reflect the language in the amendment and 
to clarify the requirement.
    Section 651.27(b)(1)(iii) is added to clarify who is subject to the 
haddock possession limit and provisions specified in Sec. 651.27(b)(2).

Classification

    The General Counsel of the Department of Commerce, when this rule 
was proposed, certified to the Small Business Administration that this 
action would not have a significant economic impact on a substantial 
number of small entities. Fishing vessels that will be subject to this 
rule rarely take more than 500-lb (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 lb 
(226.8 kg). The allowable bycatch of 500 pounds (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. The measures in this rule will not result in a reduction of 
annual gross revenues of more than 5 percent. Annual compliance costs 
are not expected to increase total costs by more than 5 percent and are 
not expected to be substantially higher for small, as compared to 
large, business entities. The measures will not force more than 2 
percent of small business entities to cease business operations. As a 
result, an initial regulatory flexibility analysis was not prepared.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant Administrator for Fisheries, NOAA, finds that under 
section 553(d)(3) of the Administrative Procedure Act, there is good 
cause to waive part of the 30-day delay in effectiveness and make this 
rule effective on June 30, 1994. This effective date will avoid a one 
or two-week hiatus between the effective date of this rule with a 30-
day delay in effective date and the expiration of the emergency rule on 
June 30, 1994, that imposes the three management measures contained in 
this final rule. This will avoid confusion in the fishery, continue 
protection of badly depleted stocks of haddock from further 
overfishing; and enhance the likelihood that abundance of those stocks 
begin replenishment.

List of Subjects in 50 CFR Part 651

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: June 16, 1994.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 651 is 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, paragraphs (a)(11), (a)(12), (e)(33), and (e)(34) 
are revised to read as follows:


Sec. 651.9  Prohibitions.

    (a) * * *
    (11) Land haddock from, or possess haddock on board, a sea scallop 
dredge vessel during the time specified in Sec. 651.27(b)(1).
    (12) Land, or possess on board a vessel, more than 500 lb (226.8 
kg) of haddock, or the equivalent in totes or boxes, 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 lb (226.8 
kg) of haddock, or the equivalent in totes or boxes, 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, paragraph (b)(3) is revised to read as follows:


Sec. 651.21  Closed areas.

* * * * *
    (b) * * *
    (3) Duration. No fishing vessel or person on a fishing vessel may 
fish or be in Closed Area II from January through June, except as 
specified in paragraph (b)(4) of this section.
* * * * *
    4. Section 651.27, paragraph (b) is revised 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 haddock from, or possess haddock on 
board, a scallop dredge vessel, from January 1 through June 30.
    (ii) No person owning or operating a scallop dredge vessel may 
possess haddock in, or harvested from, the EEZ, from January 1 through 
June 30.
    (iii) From July 1 through December 31, scallop dredge vessels and 
persons owning or operating scallop dredge vessels, are subject to the 
haddock possession limitations and provisions specified in 
Sec. 651.27(b)(2).
    (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 lb (226.8 kg) of haddock.
    (ii) No person may land or possess on board a vessel more than 500 
lb (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 lb (226.8 kg) or 
its equivalent as measured by the volume of four standard boxes or five 
standard totes.

[FR Doc. 94-15160 Filed 6-17-94; 2:00 pm]
BILLING CODE 3510-22-W