[Federal Register Volume 60, Number 141 (Monday, July 24, 1995)]
[Rules and Regulations]
[Pages 37848-37850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18075]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 611

[Docket No. 950710176-5176-01; I.D. 061295A]
RIN 0648-AE50


Foreign Fishing Regulations; Approval of Preliminary Management 
Plan (PMP) for Atlantic Herring and Modification of Subpart C of the 
Foreign Fishing Regulations

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

ACTION: Interim final rule.

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SUMMARY: NMFS announces the approval of the PMP for Atlantic herring 
and issues this interim final rule to modify the foreign fishing 
regulations pertaining to the Northwest Atlantic Ocean fishery. In 
accordance with the PMP, Atlantic herring is removed from the list of 
species prohibited for possession by foreign vessels and is added to 
the allocated species list for the exclusive economic zone (EEZ). This 
rule also removes the foreign fishing regulations pertaining to 
Atlantic hakes. The PMP sets the initial specifications for Atlantic 
herring and this rule provides a mechanism for modifying the initial 
specifications for that species. This rule also removes silver hake and 
red hake from the allocated species list and adds them, along with 
several other multispecies finfish, to the prohibited species list. The 
intended effect of this rule is to encourage the U.S. harvest of an 
underutilized segment of the stock of Atlantic herring by allowing the 
issuance of permits to foreign vessels to receive herring from U.S. 
vessels.

DATES: Effective July 21, 1995. Public comments are invited through 
August 23, 1995 and should be sent to Dr. Andrew A. Rosenberg, (see 
ADDRESSES below).

ADDRESSES: Copies of the PMP/Environmental Assessment supporting this 
action may be obtained from Dr. Andrew A. Rosenberg, Regional Director, 
National Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 
01930.

FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, NMFS, Fishery Policy 
Analyst, 508-281-9272.

SUPPLEMENTARY INFORMATION: The U.S. Atlantic coastal herring resource 
has grown rapidly from less than 100,000 metric tons (mt) (220 million 
lb (m lb)) 

[[Page 37849]]
in 1981 to an estimated 2.8 million mt (6.2 billion lb) at the 
beginning of 1992. This increase is due largely to the recovery of the 
Georges Bank/Nantucket Shoals component of the stock, which supported a 
large foreign fishery during the 1960's and early 1970's, but collapsed 
in the early 1970's due to overexploitation. Currently, the stock is 
large and considerably underutilized, and may increase in size even 
further in the near future under current rates of exploitation.
    Well over 90 percent of the total commercial harvest for Atlantic 
herring is taken from the Gulf of Maine in weirs and stop seines (fixed 
gear) and with purse seines and mid-water trawls (mobile gear). More 
recently, sales of adult herring to foreign processing vessels 
operating in internal waters (IWPs) have been conducted after having 
been approved by the Governors of Massachusetts, Maine, Rhode Island, 
New York, and New Jersey under section 306(c) of the Magnuson Fishery 
Conservation and Management Act. The IWPs have provided new market 
opportunities for nearshore U.S. fishermen.
    Atlantic herring was managed on the U.S. east coast pursuant to an 
agreement between the States of Maine, New Hampshire, Massachusetts, 
and Rhode Island. This agreement was adopted in 1983 and endorsed by 
the Atlantic States Marine Fisheries Commission (ASMFC). The agreement 
replaced the Federal Fishery Management Plan for the Atlantic Herring 
Fishery (Atlantic Herring FMP) that was developed by the New England 
Fishery Management Council (NEFMC) and implemented on March 19, 1979 
(44 FR 17186). The Atlantic Herring FMP was subsequently withdrawn by 
the Secretary of Commerce on January 5, 1983 (48 FR 416), once it 
became clear that catch quotas for herring in the Gulf of Maine were 
not going to be enforced in State waters. In the absence of an Atlantic 
Herring FMP, the species was placed on the prohibited species list. 
This action had the effect of prohibiting all foreign directed 
fisheries and joint ventures with foreign nationals for Atlantic 
herring in the EEZ.
    With the development of IWP fisheries in the mid-1980's, it became 
clear that the 1983 interstate agreement was no longer adequate to 
manage the U.S. Atlantic herring resource. The dramatic growth of the 
stock, particularly offshore and in southern New England and mid-
Atlantic coastal waters, prompted more states to declare their 
interests in IWP opportunities and in management of the resource. In 
1993, a memorandum of understanding was circulated among the States of 
Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New 
York, and New Jersey, which demonstrated the intent of these States to 
manage Atlantic herring cooperatively in State waters. The affected 
states, working through the ASMFC Atlantic Herring section, developed 
an IWP allocation process among the states, which was incorporated into 
a new interstate FMP that was adopted by the ASMFC in May 1994.
    Since neither the 1983, nor the 1993, agreement was comprehensive 
enough to manage the U.S. Atlantic herring resource, ASMFC's new FMP 
established management objectives, defined overfishing, affirmed the 
existing IWP allocation procedures, and laid the groundwork for future 
management of domestic fishing activity by the ASMFC and the NEFMC.
    The trend toward increasing IWP landings is likely to continue, 
especially if fishers are forced to reduce the number of days spent 
trawling for groundfish and turn to underutilized species such as 
herring, and if foreign nations have an interest in making vessels 
available to process herring in state waters.
    A joint ASMFC and Federal Atlantic Herring FMP would better ensure 
compatible regulations for Atlantic herring in State waters and the 
EEZ, throughout the range of the stock (New Brunswick to Cape Hatteras) 
in U.S. waters. Federal management could also provide joint venture 
opportunities in Federal waters (outside 3 miles (5.6 km)). Until a 
Federal FMP is prepared and approved, limitations on IWP landings by 
U.S. fishers in State waters and an approved PMP that would manage the 
foreign fisheries in the EEZ are the only means by which exploitation 
of the resource can be authorized and controlled throughout the range.
    On April 5, 1995, the NEFMC requested that NMFS allow for a joint 
venture fishery on the appropriate stock component of Atlantic herring, 
suggesting that a PMP be developed in accordance with the requirements 
of the Magnuson Fishery Conservation and Management Act (Magnuson Act). 
Shortly thereafter, NMFS received two applications for foreign joint 
ventures for Atlantic herring (60 FR 27492, May 24, 1995, and 60 FR 
28389, May 31, 1995). In response to these foreign fishing permit 
applications for joint ventures, NMFS, the ASMFC, and the States of 
Maine and Massachusetts developed an Atlantic Herring PMP, and NMFS 
subsequently approved it. To effect this PMP, Atlantic herring must be 
removed from the list of species prohibited for foreign fishing by the 
foreign fishing regulations (50 CFR Part 611). In order to allow 
foreign vessels to retain Atlantic herring received from U.S. vessels, 
this rule removes Atlantic herring from the classification of 
prohibited species and adds Atlantic herring to the list of allocated 
species.
    This rule also removes silver hake and red hake from the allocated 
species list and adds them to the prohibited species list in 
Sec. 611.50, and removes Sec. 611.51 in its entirety, which pertains to 
the hake fishery. Silver and red hakes have been managed under the 
Northeast Multispecies FMP since May 31, 1991. Additionally, 
Sec. 611.51 should have been removed from the foreign fisheries 
regulations, but was not. This rule updates 50 CFR part 611 and also 
adds the following northeast multispecies finfish to the prohibited 
species list of the foreign fisheries regulations: Witch flounder, 
American plaice, ocean pout, winter flounder, windowpane flounder, and 
white hake. There have been no foreign fisheries or permits issued for 
these species over this period.
    Finally, this rule adds Sec. 611.52. Section 611.52(b) establishes 
procedures and provides a mechanism for adjusting initial 
specifications under the Atlantic Herring PMP. It is based on 
procedures contained in 50 CFR 655.22(e), (f), and (g).
    The PMP establishes the following specifications for the Atlantic 
Herring Fishery of the Northwestern Atlantic:

Species............................  Herring, Atlantic                  
Species Code.......................  202                                
Optimum Yield (OY).................  89,220 mt (197 m lb)               
Domestic Annual Harvest (DAH)......  89,220 mt (197 m lb)               
Domestic Annual Processing (DAP)...  49,220 mt (109 m lb)               
Joint Venture Processing (JVP).....  40,000 mt (88 m lb)                
Reserve............................  0                                  
Total Allowable Foreign Fishing      0                                  
 (TALFF).                                                               
                                                                        

    The OY for Atlantic herring is derived from the maximum sustainable 
yield (MSY) as modified by considering relevant social and economic 
factors, as well as ecological factors. The economic factors include 
the accrued benefits to U.S. herring inshore fishermen from IWPs by 
foreign vessels that are approved by coastal State Governors. The 
ecological factors include the recent Canadian harvests of the shared 
stock complex and uncertainties in stock abundance that argue for a 
risk-averse approach to herring management, and social factors are 
mainly related to the protection of current and future 

[[Page 37850]]
investments by U.S. fishermen and processors in the herring fishery.
    The difference between MSY (385,200 mt) less the combined removals 
resulting from the Canadian catch (34,200 mt) and IWPs (68,000 mt) 
would leave 283,000 mt. The MSY would be further modified to provide a 
measure of confidence in achieving a risk-averse approach to management 
of the herring stock, given variations and fluctuations in abundance, 
and result in an OY of 89,220 mt. The OY represents the estimated DAH 
which is further expressed as an estimated DAP of 49,220 mt, with the 
remaining DAH of 40,000 mt available to JVP. The difference between the 
herring amount remaining (193,780 mt) after the Canadian catch and 
IWPs, less OY, represents the uncertainty indicated above. It has been 
determined that this OY will result in the greatest overall benefit to 
the nation by stimulating further development of an underutilized 
fishery and diverting effort away from other overfished fisheries.
    The PMP establishes permit conditions and restrictions for foreign 
vessels that participate in the joint venture processing fisheries. 
These conditions are necessitated by conservation and management 
requirements. Such conditions and restrictions will be included in each 
permit issued and those that pertain to management area restrictions, 
including the areas and periods for which foreign processing vessels 
may participate in JVP operations, are described in detail in the PMP.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds there 
is good cause to waive providing prior notice and opportunity for 
public comment under 5 U.S.C. 553(b)(B). Providing prior notice and 
opportunity for public comment is impracticable and contrary to the 
public interest due to the need to provide timely opportunity for joint 
ventures to occur this summer in an underutilized fishery. Because this 
rule relieves a restriction, under 5 U.S.C. 553(d)(1) there is no need 
to delay its effectiveness for 30 days.
    This interim final rule has been determined to be not significant 
for purposes of E.O. 12866.
    A section 7 consultation conducted by the Northeast Region of NMFS 
concluded that the level and type of fishing in the fishery provided 
for under this PMP/rule is not likely to adversely affect endangered or 
threatened species or critical habitat. This consultation decision is 
based on the PMP/rule provisions and does not constitute consultation 
on the herring fishery.

List of Subjects in 50 CFR Part 611

    Fisheries, Foreign relations, Reporting and recordkeeping 
requirements.

    Dated: July 18, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 611 is amended 
as follows:

PART 611--FOREIGN FISHING

    1. The authority citation for part 611 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 971 et seq., 22 
U.S.C. 1971 et seq., and 16 U.S.C. 1361 et seq.

    2. In Sec. 611.50, paragraphs (b)(4)(i) and (b)(4)(ii) are revised 
to read as follows:


Sec. 611.50  Northwest Atlantic Ocean fishery.

* * * * *
    (b) * * *
    (4) * * *
    (i) The other allocated species, namely: Short-finned squid, long-
finned squid, Atlantic herring, Atlantic mackerel, river herring 
(includes alewife, blueback herring, and hickory shad), and butterfish; 
and
    (ii) The prohibited species, namely: American plaice, American 
shad, Atlantic cod, Atlantic menhaden, Atlantic redfish, Atlantic 
salmon, all marlin, all spearfish, sailfish, swordfish, black sea bass, 
bluefish, croaker, haddock, ocean pout, pollock, red hake, scup, sea 
turtles, sharks (except dogfish), silver hake, spot, striped bass, 
summer flounder, tilefish, yellowtail flounder, weakfish, white hake, 
windowpane flounder, winter flounder, witch flounder, Continental Shelf 
fishery resources, and other invertebrates (except nonallocated 
squids).
* * * * *


Sec. 611.5  [Removed and Reserved]

    3. Section 611.51 is removed and reserved.
    4. Section 611.52 is added to subpart C to read as follows:


Sec. 611.52  Atlantic herring fishery.

    (a) Initial specifications. The initial specifications of OY, DAH, 
DAP, JVP, TALFF, and reserve (if any) have been established by the PMP 
for Atlantic herring approved on July 6, 1995. These annual 
specifications will remain in effect unless adjusted pursuant to the 
provisions specified in paragraph (b) of this section.
    (b) Procedures to adjust initial specifications. NMFS may adjust 
these initial specifications upward or downward to produce the greatest 
overall benefit to the United States at any time prior to or during the 
fishing years for which the initial specifications are set by 
publishing a notice in the Federal Register with the reasons for such 
adjustments. Any notice of adjustment may provide for public comment. 
Adjustments to the initial specifications may take into account the 
following information:
    (1) The estimated domestic processing capacity and extent to which 
it will be used;
    (2) Landings and catch statistics;
    (3) Stock assessments; and
    (4) Relevant scientific information.

[FR Doc. 95-18075 Filed 7-21-95; 8:45 am]
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