[Federal Register Volume 60, Number 118 (Tuesday, June 20, 1995)]
[Proposed Rules]
[Pages 32130-32132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15023]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 950605148-5148-01; I.D. 060195C]
RIN 0648-AH58


Atlantic Coast Weakfish Fishery; Moratorium in Exclusive Economic 
Zone

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS requests public comment on proposed regulations that 
would prohibit fishing for and possession of Atlantic coast weakfish 
(weakfish) in the exclusive economic zone (EEZ) offshore from Maine 
through Florida. The intent of the proposed regulations is to provide 
protection to the overfished stock of weakfish, ensure the 
effectiveness of state regulations, and to aid in the rebuilding of the 
stock.

DATES: Written comments must be received on or before August 4, 1995.

ADDRESSES: Comments on the proposed rule should be sent to, and copies 
of supporting documents, including a Draft Environmental Impact 
Statement (DEIS) and Regulatory Impact Review (RIR), are available from 
Richard H. Schaefer, Director, Office of Fisheries Conservation and 
Management, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910-3282. NMFS will hold public hearings to receive 
comments from fishery participants and other members of the public 
regarding these proposed regulations. The dates and locations of public 
hearings will be announced by notice in the Federal Register at least 2 
weeks prior to the public hearing dates.

FOR FURTHER INFORMATION CONTACT: William T. Hogarth, 301-713-2339.

SUPPLEMENTARY INFORMATION:

Background

    Section 804(b) of the Atlantic Coastal Fisheries Cooperative 
Management Act (ACFCMA), 16 U.S.C 5101 et seq., states that, in the 
absence of an approved and implemented Fishery Management Plan (FMP) 
under the Magnuson Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.) (Magnuson Act), and after consultation with the 
appropriate Fishery Management Council(s), the Secretary of Commerce 
(Secretary) may implement regulations to govern fishing in the EEZ, 
i.e., from 3-200 nautical miles (5.6-370.6 km). These regulations must 
be (1) necessary to support the effective implementation of an 
Interstate Fishery Management Plan (ISFMP) developed by the Atlantic 
States Marine Fisheries Commission (Commission); and (2) consistent 
with the national standards set forth in section 301 of the Magnuson 
Act (16 U.S.C. 1851).
    The Commission adopted a weakfish ISFMP in 1985, amended the plan 
in 1994, and is currently developing a new amendment to rebuild 
declining stocks [[Page 32131]] of weakfish. Federal regulations are 
needed in the EEZ to support the Commission's effort to protect 
weakfish.
    The Mid-Atlantic Fishery Management Council (MAFMC) is the lead 
Council for developing weakfish regulations in the EEZ. The MAFMC has 
listed weakfish as a species in need of management, but has, to date, 
not developed an FMP for the species. NMFS consulted with the MAFMC to 
determine if the development of an FMP for weakfish was possible in the 
immediate future. The MAFMC stated that because of its heavy workload 
on other species, it would not be possible this year. Therefore, 
Federal actions authorized by the ACFCMA remain the most effective 
means to institute management measures in the EEZ that will support the 
Commission's Plan for weakfish.

Purpose

    Weakfish (Cynoscion regalis), a member of the family Scianidae, is 
considered a single stock along the Atlantic coast, ranging from Maine 
to Florida. The species is most abundant in shallow coastal and 
estuarine waters from North Carolina to New York. The center of 
weakfish abundance in the winter ranges from North Carolina southward 
and in the summer from Delaware northward. Weakfish are taken both in 
directed fisheries and as a bycatch in other fisheries.
    Weakfish populations are overfished and are in a continuing serious 
decline. Total landings have declined from 35,667 mt (80.0 million lb) 
in 1980 to 3,628 mt (8.0 million lb) in 1993. The fishing mortality 
rate (F) for weakfish averaged 1.26 for the period 1991-1993, (i.e., 64 
percent of the population was harvested each year), and only 4 percent 
of the population achieved spawning age. The F of 1.26 is about three 
times the rate that should be applied to protect and rebuild the stock. 
Since 1987, F has remained extremely high and has ranged from 1.087 to 
1.948.
    Concurrent with high fishing mortality, in recent years the 
weakfish stock has exhibited a reduction in spawning stock biomass, and 
a severe reduction in older fish (age 4 or older) taken. Ninety-nine 
percent of the 1993 commercial catch consisted of age 3 or younger 
fish. Recruitment to the stock has declined by 43 percent since 1990; 
in 1993 recruitment values are indicative of recruitment failure. Also, 
studies conducted at different areas along the coast show juvenile 
recruitment at its lowest levels since these studies were begun.
    The proposed rule would prohibit the harvest (catch and retention) 
of weakfish from the Atlantic coast EEZ. The proposal provides the 
strongest possible conservation measure, is easy to understand and 
enforce, and is in the best long-term economic interests of both 
commercial and recreational fishermen. It eliminates any claim that 
weakfish were caught in the EEZ, when fishermen might otherwise have 
caught fish illegally in state waters. Enforcement of the prohibition 
is straightforward, because possession of weakfish on board a vessel in 
the EEZ would be a violation of the regulation. The prohibition also 
includes possession of weakfish taken as incidental catch (bycatch) 
while fishing for other species, since such bycatch must be released to 
the water as soon as possible. It allows for the development of a stock 
rebuilding program and, therefore, resumption of the fishery in the 
future.

Classification

    This proposed rule is published under the authority of the ACFCMA. 
Paragraphs (A) and (B) of section 804(b)(1) authorizes the Secretary to 
implement regulations in the EEZ in the absence of a Magnuson Act FMP. 
Such regulations must be necessary to support a Commission's ISFMP, and 
consistent with the national standards set forth in section 301 of the 
Magnuson Act. The Assistant Administrator for Fisheries has 
preliminarily determined that these actions are consistent with the 
national standards. The Secretary, before making the final 
determinations, will take into account the data, views, and comments 
received during the comment period.
    NMFS prepared a DEIS/RIR for this rule, which is available (see 
ADDRESSES). Five different alternatives to regulate the harvest of 
weakfish in the EEZ were examined. The alternative to prohibit the 
harvest and possession of weakfish in the EEZ provided the greatest 
biological gains with only short-term economic loss. This alternative 
also provided the best approach to reduce law enforcement loopholes. 
The condition of the stock necessitates that regulations be placed on 
the weakfish harvest in the EEZ to supplement the states regulations 
and begin the rebuilding of this overfished stock. Applying state 
regulations in the EEZ was considered, as well as establishing separate 
specific regulations for the EEZ, or doing nothing at all.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. The closure of the EEZ will have minimal impact on 
recreational fishing, since recreational catch accounted for only 3 
percent of the total catch in the EEZ in 1993. The North Carolina 
commercial fishery was used to analyze the impact of this proposal on 
the commercial fishery, since North Carolina accounted for 68 percent 
of the weakfish caught commercially in the EEZ in 1993. In North 
Carolina, the fly net trawl fishery, which consists of 11-15 boats, 
harvests the majority of the fish. This proposed rule will result in 
these boats either moving shoreward to state waters or directing their 
fishing effort on other species such as dog fish sharks, flounder, 
croaker, squid, or striped bass. This switch to fishing in state waters 
or to targeting other species in the EEZ will mitigate, to a great 
extent, any economic effects of this rule. Therefore, the proposed rule 
should not have a significant economic impact on small entities. As a 
result, a regulatory flexibility analysis was not prepared. Further 
information is available in the DEIS/RIR (See ADDRESSES).
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 697

    Fisheries, Fishing.

    Dated: June 13, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR Chapter VI is 
proposed to be amended by adding part 697 to read as follows:

PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

Subpart A--Atlantic Coast Weakfish Fishery

Sec.
697.1  Purpose and scope.
697.2  Definitions.
697.3  Prohibitions.
697.4  Relation to the Magnuson Act.
697.5  Civil procedures.
697.6  Specifically authorized activities

Subpart B--[Reserved]

    Authority: 16 U.S.C. 5101 et seq., unless otherwise noted.


Sec. 697.1  Purpose and scope.

    The regulations in this part implement section 804(b) of the 
Atlantic Coastal Fisheries Cooperative [[Page 32132]] Management Act, 
16 U.S.C. 5101 et seq., and govern fishing for and possession of 
Atlantic Coast weakfish in the EEZ.


Sec. 697.2  Definitions.

    The terms used in this part have the following meanings:
    Act means the Atlantic Coastal Fisheries Cooperative Management 
Act, 16 U.S.C. 5101 et seq.
    Area of Custody means any vessel, building, vehicle, live car, 
pound, pier, or dock facility where Atlantic coast weakfish might be 
found.
    Atlantic Coast weakfish means members of stocks or populations of 
the species Cynoscion regalis, found in the waters of the Atlantic 
Ocean north of Key West, FL.
    Authorized officer means:
    (1) Any commissioned, warrant, or petty officer of the U.S. Coast 
Guard;
    (2) Any special agent or enforcement officer of the National Marine 
Fisheries Service;
    (3) Any officer designated by the head of any Federal or state 
agency that has entered into an agreement with the Secretary to enforce 
the Act; or
    (4) Any Coast Guard personnel accompanying and acting under the 
direction of any person described in paragraph (1) of this definition.
    Catch, take, or harvest means, but is not limited to, any activity 
that results in killing any fish or bringing any live fish on board a 
vessel.
    EEZ means the Exclusive Economic Zone of the United States, from 3 
to 200 nautical miles (5.6-370.6 km) offshore of the United States, 
beginning at the seaward boundary of the territorial sea of the coastal 
states.
    Fish means finfish (including highly migratory species), mollusks, 
crustaceans, and all other forms of marine animal and plant life.
    Fishing or to fish means:
    (1) The catching, taking, or harvesting of fish;
    (2) The attempted catching, taking, or harvesting of fish; or
    (3) Any operation at sea in support of, or in preparation for, any 
activity described in paragraphs (1) or (2) of this definition.
     Land means to begin offloading fish, to offload fish, or to enter 
port with fish.
    Magnuson Act means the Magnuson Fishery Conservation and Management 
Act, 16 U.S.C. 1801 et seq.
    Person means any individual (whether or not a citizen of the United 
States), corporation, partnership, association, or other entity 
(whether or not organized or existing under the laws of any state), and 
any Federal, state, local, or foreign government or any entity of any 
such government.
    Retain means to fail to return Atlantic Coast weakfish to the sea 
immediately after the hook has been removed or the fish has otherwise 
been released from the capture gear.
    Secretary means the Secretary of Commerce or a designee.
    Vessel means any boat, ship, or other craft that is used for, 
equipped to be used for, or of a type that is normally used for:
    (1) Fishing; or
    (2) Aiding and assisting one or more vessels at sea in the 
performance of any activity related to fishing, including, but not 
limited to, preparation, supply, storage, refrigeration, 
transportation, or processing.


Sec. 697.3  Prohibitions.

    No person shall:
    (a) Catch, take, or harvest and retain any Atlantic Coast weakfish 
within the EEZ;
    (b) Fail to return to the water immediately, with the least 
possible injury, any Atlantic Coast weakfish taken within the EEZ 
incidental to the commercial or recreational fishing for species of 
fish other than Atlantic Coast weakfish;
    (c) Possess any Atlantic Coast weakfish on board a vessel while 
such vessel is in the EEZ;
    (d) Possess, have custody or control of, ship, transport, offer for 
sale, sell, purchase, land, import or export, or transfer any Atlantic 
Coast weakfish taken and retained in violation of the Act or the 
regulations in this part;
    (e) Interfere with, obstruct, delay, or prevent by any means a 
lawful investigation, search or seizure conducted in the process of 
enforcing the Act;
    (f) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, shipping, 
transporting, selling, offering for sale, purchasing, importing or 
exporting, or transferring of any Atlantic Coast weakfish;
    (g) Refuse to allow an authorized officer to board any vessel or to 
enter any area of custody for the purpose of conducting any search, 
inspection, or seizure in connection with the enforcement of the Act or 
the regulations in this part;
    (h) Dispose of any Atlantic Coast weakfish, or parts thereof, or 
other matter, in any manner, after any communication or signal from an 
authorized officer, or after the approach by an authorized officer or 
an enforcement vessel;
    (i) Forcibly assault, resist, oppose, impede, intimidate, threaten 
or interfere with any authorized officer in the conduct of any search, 
inspection, or seizure in connection with enforcement of the Act or the 
regulations in this part;
    (j) Resist a lawful arrest for any act prohibited by the Act or 
these regulations; or
    (k) Interfere with, delay, or prevent by any means the apprehension 
of another person, knowing that such person has committed any act 
prohibited by the Act or the regulations in this part.


Sec. 697.4  Relation to the Magnuson Act.

    The provisions of sections 307 through 311 of the Magnuson Act, as 
amended, regarding prohibited acts, civil penalties, criminal 
forfeitures, and enforcement apply with respect to the regulations in 
this part, as if the regulations in this part were issued under the 
Magnuson Act.


Sec. 697.5  Civil procedures.

    The civil procedure regulations at 15 CFR part 904 apply to civil 
penalties, seizures, and forfeitures under the Act and the regulations 
in this part.


Sec. 697.6  Specifically authorized activities.

    NMFS may authorize for the acquisition of information and data, 
activities that are otherwise prohibited by these regulations.

Subpart B--[Reserved]

[FR Doc. 95-15023 Filed 6-19-95; 8:45 am]
BILLING CODE 3510-22-F