[Federal Register Volume 59, Number 152 (Tuesday, August 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19319]


[[Page Unknown]]

[Federal Register: August 9, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Part 651

[Docket No. 940532-4204; I.D. 062194I]

 

Northeast Multispecies Fishery

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

ACTION: Disapproval of a revised portion of an FMP amendment and 
withdrawal of proposed rule.

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SUMMARY: NMFS announces that it has disapproved a revised part of 
Amendment 5 to the Northeast Multispecies Fishery Management Plan that 
would exempt vessels fishing in only state waters from some of the 
winter flounder fishing regulations, and is therefore withdrawing the 
proposed rule for this revised portion of the FMP amendment. NMFS 
determined that analyses supporting the revised part of Amendment 5 
were inadequate to assess its effects, and that its enforcement costs 
would likely outweigh the benefits.

FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Management 
Specialist, 508/281-9252.

SUPPLEMENTARY INFORMATION: On May 13, 1994, NMFS published proposed 
regulations (59 FR 25026) that would implement a revised part of 
Amendment 5 to the Northeast Multispecies Fishery Management Plan (FMP) 
to exempt vessels from some regulations for the winter flounder 
fishery, under certain conditions, if they are fishing only in state 
waters.
    NMFS disapproved this revised part of Amendment 5 to the FMP on 
June 13, 1994, because the provision did not contain adequate 
environmental, biological, or cost-benefit analyses to assess the 
effects of the provision on the fishery and its environment. Also, the 
provision would be difficult to enforce at sea, as well as dockside; 
since the exemption would apply to a small segment of the fishery in 
state waters and NMFS' statistical data indicates that the majority of 
the fishery takes place in Federal waters, the costs to enforce this 
provision would likely outweigh the benefits. The provision, therefore, 
would not be consistent with national standard 7 of the Magnuson 
Fishery Conservation and Management Act, which requires that 
conservation and management measures be practicable and minimize costs.
    NMFS has requested that these issues be reassessed by the New 
England Fishery Management Council (Council) in concert with the 
Atlantic States Marine Fisheries Commission and the affected states. 
NMFS has offered assistance to the Council to resolve these issues, if 
the Council wishes to resubmit a revised version of this winter 
flounder exemption.

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

    Dated: August 3, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
[FR Doc. 94-19319 Filed 8-8-94; 8:45 am]
BILLING CODE 3510-22-F