[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23045]


[[Page Unknown]]

[Federal Register: September 19, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 651

[Docket No. 940951-4251; I.D. 081694B]

 

Northeast Multispecies Fishery

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement Framework Adjustment 
6 to the Northeast Multispecies Fishery Management Plan (FMP). The 
intent of this rule is to reduce the catch of juvenile silver hake in 
the Cultivator Shoal whiting (silver hake) fishery by increasing the 
minimum mesh size from 2\1/2\ inches (6.35 cm) to 3 inches (7.62 cm).

EFFECTIVE DATE: October 19, 1994.

ADDRESSES: Copies of Amendment 5 to the FMP, its regulatory impact 
review (RIR) and the initial regulatory flexibility analysis contained 
within the RIR, its final supplemental environmental impact statement, 
and Framework Adjustment 6 are available upon request from Douglas G. 
Marshall, Executive Director, New England Fishery Management Council, 5 
Broadway, Saugus, MA 01906-1097.

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

SUPPLEMENTARY INFORMATION:

Background

    Amendment 4 to the FMP, published May 31, 1991 (56 FR 24724), 
established the Cultivator Shoal whiting fishery, a specified area 
within the Gulf of Maine/Georges Bank Regulated Mesh Area. For 3 years 
preceding Amendment 4, NMFS had conducted an experimental fishery 
program in the Cultivator Shoal area using NMFS sea samplers to collect 
data about the silver hake fishery and particularly about the regulated 
species bycatch. The data collected by sea samplers led to the 
conclusion that the Cultivator Shoal whiting fishery had minimal impact 
on regulated species.
    Under the terms of Amendment 5 to the FMP (59 FR 9872, March 1, 
1994), vessels may fish for silver hake in the Cultivator Shoal area 
from June 15 through October 31, unless otherwise specified, if the 
vessel: (1) Has onboard a letter of authorization issued by the 
Director, Northeast Region, NMFS (Regional Director); (2) has a minimum 
mesh size of 2\1/2\ inches (6.35 cm) applied to the first 160 meshes 
counted from the terminus of the net; and (3) does not exceed the 
possession limit of regulated species as specified in 50 CFR 651.27(a).
    Fishing industry members recently asked the New England Fishery 
Management Council (Council) to adopt more restrictive regulations to 
conserve the silver hake stocks and protect this resource from a 
potential increase in fishing effort directed at the juvenile component 
of the stocks. Their concerns are based on at least two recent 
developments in the industry that directly affect the silver hake 
fisheries, as well as on the assessment scientists' uncertainty about 
the stock status and the impact of those recent changes.
    First, as restrictive management plans are implemented in other 
fisheries in the region, a significant amount of potential fishing 
effort is being displaced. Fishers anticipate that some portion of that 
displaced fishing effort will be directed on silver hake, since this 
fishery is relatively unregulated and the stocks are comparatively 
stable. The effect of a sudden increase in fishing effort on silver 
hake stocks and markets is uncertain, but potentially detrimental to 
both. The most recent advisory report from the Stock Assessment 
Workshop (SAW) in February 1994, which was SAW #17, states that, 
although there are uncertainties regarding the exploitation pattern in 
the silver hake fishery, it is recommended that any increase in effort 
on these stocks be avoided.
    Second, in the past year, an export market for juvenile silver hake 
has emerged. The potential demand from this new market and its impact 
on the stocks are unknown. Assessment scientists, while acknowledging 
that natural mortality rates of juvenile silver hake are high and that 
discards of juveniles in the traditional silver hake fisheries are 
excessive, caution against any increase in fishing effort directed at 
the juvenile sector. If juvenile mortality increases, the spawning 
stock biomass will decline and the catch of large silver hake in 
traditional fisheries will also decline.
    Generally, increasing the mesh size will delay the age at which 
fish become susceptible to the gear, thereby reducing juvenile 
mortality. Increasing the mesh size from 2\1/2\ inches (6.35 cm) to 3 
inches (7.62 cm), is intended to prevent a shift in the exploitation 
pattern to younger fish in order to supply the juvenile export market.
    With so many uncertainties and the need for caution surrounding the 
impacts of the emerging juvenile fishery and the displacement of effort 
from other fisheries, the Council has started preparing an FMP 
amendment to regulate fishing for silver hake. Except for the 
Cultivator Shoal program, fishing for silver hake is currently 
unregulated and an FMP amendment is required in order to establish a 
management regime for the entire fishery. However, because of the 
length of time required for the FMP amendment process, and due to the 
concerns stated by industry members, as noted above, the Council 
initiated this framework action for the purpose of implementing 
conservation measures as quickly as possible for the ongoing Cultivator 
Shoal fishery.
    Framework Adjustment 3 to the FMP limited the amount of regulated 
species onboard vessels using small mesh to either 500 lb (226.8 kg) or 
10 percent of the weight of non-regulated species, whichever is less. 
In this rule, NMFS is adding language to the possession limit section 
with the intent of clarifying how this adjustment pertains to the 
Cultivator Shoal whiting fishery.
    NMFS is amending the multispecies regulations following the 
procedure for framework adjustments established by Amendment 5 and 
codified in 50 CFR 651, subpart C. The Council followed this procedure 
when making adjustments to the FMP, by developing and analyzing the 
actions over the span of a minimum of two Council meetings, on May 12 
and June 29, 1994. The Council provided the public with advance notice 
of both the proposal and the analysis, and opportunity to comment on 
them prior to and at the June 29 Council meeting. Upon review of the 
analysis and public comment, the Council recommended to the Regional 
Director that the measures contained in Framework Adjustment 6 be 
published as a final rule. The Regional Director has further determined 
that the measures in Framework Adjustment 6 are appropriate to publish 
as a final rule.

Comments and Responses

    In addition to the general public notification, the Council sent a 
letter to each person who applied for authorization to fish in the 
Cultivator Shoal Whiting Fishery Program informing him or her of the 
Council's intent to take action, describing the proposals under 
consideration, advising them of the availability of relevant documents 
and analysis, and inviting comment. During the comment period spanning 
the two required Council meetings, several members of the public 
commented in favor of the 3-inch (7.62-cm) mesh proposal, and one 
fisher opposed it on the grounds that it would reduce flexibility in 
using different mesh sizes. NMFS believes that an increase in mesh size 
is warranted to protect the juvenile component of the whiting stocks, 
and hence the long-term viability of the fishery. One individual 
questioned the scientific basis for the mesh-size increase. Generally, 
an increase in mesh size correlates with fewer small fish being caught, 
increasing the potential yield from the fishery by reducing the 
revenues lost due to discarding or industrial use of the catch. The 
traditionally preferred market size for silver hake has been 10 inches 
(25.4 cm) or greater. According to silver hake selection curves, 
approximately 22 percent of 10-inch (25.4-cm) fish would be caught by 
3-inch (7.62-cm) mesh, as opposed to approximately 32 percent with a 
2\1/2\-inch (6.35-cm) mesh. With the increased selectivity of the 
larger mesh, discards that are predominantly of fish under 10 inches 
(25.4 cm) may be reduced significantly. Other comments focused on the 
minimum fish size and tolerance provision that the Council removed from 
its proposal. These comments were taken into account by the Council and 
NMFS in developing and approving these measures.

Classification

    This final rule is exempt from review under E.O. 12866.
    The Assistant Administrator for Fisheries, NOAA, finds there is 
good cause to waive prior notice and opportunity for comment under 5 
U.S.C. 553(b)(B). The provision of advance notice as described in this 
rule and public meetings held by the Council to discuss the management 
measures implemented by this rule provided adequate prior notice and 
opportunity for public comment to be considered. Thus, additional 
opportunity for public comment is unnecessary. Because no proposed rule 
was required, this action is exempt from the procedures of the 
Regulatory Flexibility Act.

List of Subjects in 50 CFR Part 651

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: September 13, 1994.
Gary Matlock,
Program Management Officer, 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 651.20 is amended by revising paragraph (a)(4)(i)(B) to 
read as follows:


Sec. 651.20  Regulated mesh areas and restrictions on gear and methods 
of fishing.

    (a) * * *
    (4) * * *
    (i) * * *
    (B) A minimum mesh size of 3 inches (7.62 cm) applied to the first 
160 meshes counted from the terminus of the net;
* * * * *
    3. Section 651.27 is amended by revising paragraph (a)(1)(ii)(A) to 
read as follows:


Sec. 651.27  Possession limits.

    (a) * * *
    (1) * * *
    (ii) * * *
    (A) Any vessel lawfully fishing with or possessing onboard nets of 
mesh smaller than the regulated minimum size as specified in 
Sec. 651.20(a)(2) while fishing in the small-mesh exemption area or 
Cultivator Shoal whiting fishery exemption area as described under and 
in accordance with Sec. 651.20(a)(3) and Sec. 651.20(a)(4), 
respectively, or any vessel fishing with nets of mesh smaller than the 
regulated minimum size as specified in Sec. 651.20(c) and (d), is 
prohibited from possessing onboard at any time during a trip, or 
landing per trip, regulated species in excess of 10 percent, by weight, 
of all other species on board, or 500 lb (226.8 kg), whichever is less.
* * * * *
[FR Doc. 94-23045 Filed 9-16-94; 8:45 am]
BILLING CODE 3510-22-P