[Federal Register Volume 60, Number 160 (Friday, August 18, 1995)]
[Rules and Regulations]
[Pages 43061-43065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20467]
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[[Page 43062]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 380
[Docket No. 950707173-5773-01; I.D. 052495A]
RIN 0648-AF51
Antarctic Marine Living Resources Convention Act of 1984
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: The Secretary of Commerce (Secretary) amends the regulations
governing harvesting and reporting of Antarctic living marine resource
catches. The regulations implement conservation and management measures
promulgated by the Commission for the Conservation of Antarctic Marine
Living Resources (CCAMLR or Commission) and accepted in whole by the
Government of the United States to regulate catches in Convention for
the Conservation of Antarctic Marine Living Resources (Convention)
statistical reporting areas 48 and 58. These measures restrict the use
of gear, restrict the directed taking and bycatch of certain species of
fish, prohibit the taking of other species, and require real-time and
other reporting of the harvest of certain species.
EFFECTIVE DATE: August 18, 1995.
ADDRESSES: A copy of the framework environmental assessment may be
obtained from the Assistant Administrator for Fisheries, NOAA, National
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD
20910.
Comments regarding burden estimates or collection of information
aspects of this rule should be sent to Robin Tuttle, National Marine
Fisheries Service, 1315 East-West Highway, Room 14212, Silver Spring,
MD 20910, and to the Office of Information and Regulatory Affairs,
Office of Management and Budget, Washington, D.C. 20503, Attention:
Paperwork Reduction Act Project 0648-0194.
FOR FURTHER INFORMATION CONTACT: Robin Tuttle (NMFS International
Organizations and Agreements Division), 301-713-2282.
SUPPLEMENTARY INFORMATION:
Background
At its annual meeting in Hobart, Tasmania, in 1986, CCAMLR, of
which the United States is a member, adopted a conservation measure
requiring the Commission at subsequent meetings to adopt limitations on
catch, or to implement equivalent measures, which would be binding for
species upon which fisheries are permitted in Convention subarea 48.3
(South Georgia), depicted at figure 1 of 50 CFR part 380. The
Commission has, also, adopted measures that apply to other Convention
subareas.
The measures adopted by the 1994 meeting of the Commission address
the 1994-95 and 1995-96 fishing seasons. The measures are based upon
the advice of the Scientific Committee and take into account research
conducted by Commission members and the reports and recommendations of
the Scientific Committee's Working Groups. The 1994-95 fishing season
is defined as November 5, 1994, to the end of the Commission meeting in
1995 (November 3, 1995).
The 1995-96 fishing season is defined as the end of the Commission
meeting in 1995 (November 3, 1995) to the end of the Commission meeting
in 1996 (likely November 1, 1996).
The Commission adopted a resolution requesting that Members comply,
on a voluntary basis, with the management plan for the Cape Shirreff
CEMP Protected Area, until its effective date May 1, 1995.
The measures were announced and public comments invited (until
February 7, 1995) by Federal Register notice on January 19, 1995. No
comments were received.
(i) Data Reporting Requirements
The Commission has, at past annual meetings, adopted detailed,
fine-scale reporting requirements. These measures continue in force
until amended or revoked. Two minor additional reporting requirements
were adopted at the 1994 meeting for statistical area 58.4.4. Data on
the number of seabirds of each species killed or injured in incidents
involving net monitor cables used in the N. squamifrons fishery and
monthly effort and biological reporting on the bycatch of D.
eleginoides in the fishery are to be reported to the Commission in
1994-95 and 1995-96.
(ii) Finfishing in Subareas 48.1 (South Shetland Islands) and 48.2
(South Orkney Islands)
The Commission continued prohibitions on the taking of all species
of finfish, other than for scientific research purposes, in subareas
48.1 and 48.2 from November 6, 1993, until at least such time that a
survey of stock biomass is carried out, and a decision that the fishery
is to be reopened is made by the Commission based on the advice of the
Scientific Committee.
(iii) Finfishing in Subarea 48.3 (South Georgia)
The Commission took action on finfishing in subarea 48.3 for the
1994-95 and 1995-96 fishing seasons, as follows:
Directed fishing for Notothenia gibberifrons (humped rockcod),
Chaenocephalus aceratus (blackfin icefish), Pseudochaenichthys
georgianus (South Georgia icefish), Notothenia squamifrons (grey
rockcod), and Patagonotothen brevicauda guntheri (Patagonian rockcod)
is prohibited in the 1994-95 and 1995-96 fishing seasons.
Directed fishing for Champsocephalus gunnari (mackerel icefish) is
prohibited in the 1994-95 season.
In any directed fishery in the subarea during the 1994-95 season,
the bycatch of N. gibberifrons shall not exceed 1,470 tons; the bycatch
of C. aceratus shall not exceed 2,200 tons; and the bycatch of P.
georgianus, N. rossii, and N. squamifrons shall not exceed 300 tons
each, the 1992-93 levels.
The Commission continued in full all of measures previously in
effect for Electrona carlsbergi (lanternfish). The total catch for the
1994-95 fishing season continues at an amount not to exceed 200,000
tons. In addition, the total catch of
E. carlsbergi shall not exceed 43,000 tons in the Shag Rocks
region. The directed fishery for E. carlsbergi will close if the
bycatch limit for N. gibberifrons, C. aceratus, P. georgianus, N.
rossii, or N. squamifrons is reached for any of these species or if the
total catch of E. carlsbergi reaches 200,000 tons, whichever comes
first.
The directed fishery for E. carlsbergi in the Shag Rocks region
will close if the bycatch limit for any of the bycatch species is
reached, or if the total catch of 43,000 tons is reached, whichever
comes first. If, in the course of the directed fishery for E.
carlsbergi, the bycatch of any one haul of the bycatch species exceeds
5 percent, the fishing vessel must move to another fishing ground
within the subarea.
In the event that the catch of E. carlsbergi is expected to exceed
20,000 tons in the 1994-95 season, a survey of stock biomass and age
structure must be conducted by the principal fishing nations. This is
not a requirement on individual fishing vessel operators.
As previously decided, each month, the length composition of a
minimum of 500 E. carlsbergi, randomly collected from the commercial
fishery, will be
[[Page 43063]]
measured and the information passed to the Executive Secretary of
CCAMLR not later than the end of the following month. Monthly reporting
of catch and effort is required for the fishery.
The total catch of Dissostichus eleginoides (Patagonian toothfish)
is limited to 2,800 tons for the fishing season defined as March 1,
1995, to August 31, 1995, or until the total allowable catch (TAC) is
reached, whichever comes first.
Each vessel participating in the fishery must have a scientific
observer, appointed in accordance with the CCAMLR Scheme of
International Scientific Observation on board throughout all fishing
activities within the fishing period.
Catch and effort data are due on an every-5-day reporting period.
The monthly reporting of representative samples of length composition
measurements using forms provided by the Commission is required for D.
eleginoides during the 1994-95 fishing season. Failure by any
Contracting Party, including the United States, to submit length
composition data for three consecutive reporting periods will result in
the closure of the fishery to vessels of that party.
(iv) Finfishing in Subarea 48.4 (South Sandwich Islands)
The total catch of D. eleginoides in subarea 48.4 in the 1994-95
fishing season beginning December 15, 1994, remains limited to 28 tons.
The season continues to November 3, 1995, or until the TAC is reached,
whichever comes first.
(v) Finfishing in Division 58.4.4 (Ob and Lena Banks)
Measures adopted in 1992 setting TACs for the 1993-94 fishing
season are continued in force for the 1994-95 and 1995-96 fishing
seasons, with the additional data reporting indicated in section (i).
Total catch of N. squamifrons for the entire two year period shall not
exceed 1,150 metric tons, divided as 715 metric tons on Lena Bank and
435 metric tons on Ob Bank. The Commission also required that each
vessel participating in the fishery in 1994-95 and 1995-96 carry a
scientific observer, appointed in accordance with the CCAMLR Scheme of
International Scientific Observation, on board throughout all fishing
activities within the fishing period.
(vi) Finfishing in Division 58.5.2 (McDonald and Heard Islands)
The Commission adopted a new measure of continuing application
setting precautionary catch limits in division 58.5.2 of 311 metric
tons for C. gunnari and 297 metric tons (by trawling only) for D.
eleginoides. The 5-day catch and effort and monthly effort and
biological data reporting requirements established previously for other
fisheries also apply.
Fishing seasons commence in each year at the close of the annual
meeting of the Commission and continue until the earlier of June 30 or
reaching the precautionary catch limits. The Commission will keep the
limits under review.
(vii) Fishing for Euphausia Superba
Measures adopted by the Commission at its 1991 and 1992 meetings
capping the catch of krill at 1.5 million metric tons in area 48 and
390,000 metric tons in subarea 58.4.2 in any fishing season continue in
force. Precautionary catch limits on subareas 48.1, 48.2, 48.3, 48.4,
48.5, and 48.6 lapsed at the end of the 1993-94 fishing season.
(viii) Fishing for Antarctic Crab
The Commission continued measures adopted in 1992 limiting the
exploratory crab fishery in subarea 48.3 and requiring the use of data
reporting forms through the 1994-95 fishing season. The crab fishery
continues to be limited to a TAC of 1,600 tons and to one vessel per
Commission member. An experimental harvest regime adopted in 1993
continues through the 1995-96 fishery.
(ix) Protected Sites
The Commission accorded protection to Cape Shirreff and the San
Telmo Islands by establishing the ``Cape Shirreff CEMP Protected Area''
and requesting voluntary compliance until the
May 1, 1995, effective date.
Classification
NMFS has determined that this rule is necessary to implement the
Antarctic Marine Living Resources Convention Act of 1984 (the Act) and
to give effect to the management measures adopted by CCAMLR and agreed
to by the United States.
This action is exempt from review under Executive Order 12866. It
is exempt from section 553 of the Administrative Procedure Act because
it involves a foreign affairs function of the United States.
This rule contains a collection-of-information requirement subject
to the Paperwork Reduction Act. The collection of information has been
approved by the Office of Management and Budget under OMB Control
Number 648-0194, which expires August 31, 1997. The annual reporting
burden for this collection of information is estimated to average 44 1/
2 hours in harvesting and import permit-related activities; 1 1/2 hours
in CEMP permit-related activities; 1/2 hour for finfish reporting in
the crab fishery; 6 1/2 hours for crab data reporting; 1 hour of radio
contact; and 1/2 hour for reporting biological data in the finfish and
crab fisheries. Send comments regarding this burden estimate or any
other aspect of this collection of information, including suggestions
for reducing this burden, to Robin Tuttle, NMFS, and to the Office of
Information and Regulatory Affairs (see ADDRESSES).
List of Subjects in 50 CFR Part 380
Antarctic, Fish and wildlife, Reporting and recordkeeping
requirements.
Dated: August 10, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service. For the
reasons set out in the preamble, 50 CFR part 380 is amended as follows:
PART 380--ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT OF 1984
1. The authority citation for part 380 continues to read as
follows:
Authority: 16 U.S.C. 2431 et seq.
2. In Sec. 380.23 paragraphs (a), (c), (d), (e) introductory text,
(f) through (j), and (k) introductory text are revised to read as
follows:
Sec. 380.23 Catch restrictions.
(a) The following catch restrictions apply to E. superba in
statistical area 48 (Figure 1 to part 380):
(1) The total catch of E. superba shall not exceed 1.5 million tons
in any fishing season.
(2) For the purposes of applying this catch restriction limit, a
fishing season begins on July 1 and ends on June 30 of the following
year.
* * * * *
(c) The total catch of D. eleginoides in statistical subarea 48.4
in the 1994-95 fishing season beginning December 15, 1994, is limited
to 28 tons. The season continues through November 3, 1995, or until the
total allowable catch is reached, whichever comes first.
(d) The following directed fishing is prohibited in statistical
subarea 48.3:
(1) Directed fishing on N. rossii is prohibited in any fishing
season.
(2) Directed fishing on N. gibberifrons, C. aceratus, P.
georgianus, N. squamifrons, and P. b. guntheri is
[[Page 43064]]
prohibited during the period from November 5, 1994, through November 1,
1996.
(3) Directed fishing on C. gunnari is prohibited during the period
from November 5, 1994, through November 3, 1995.
(e) The following bycatch limitations apply in statistical subarea
48.3 during the period from November 5, 1994, through November 3, 1995:
* * * * *
(f) The following catch restrictions apply to D. eleginoides in
statistical subarea 48.3 during the period from March 1, 1995, through
August 31, 1995, or until the total allowable catch is reached,
whichever comes first:
(1) The total catch of D. eleginoides shall not exceed 2,800 tons.
(2) Each vessel participating in the fishery shall have a
scientific observer, appointed in accordance with the CCAMLR Scheme of
International Scientific Observation on board throughout all fishing
activities within the fishing period.
(g) The following catch restrictions apply to E. carlsbergi in
statistical subarea 48.3 during the period from November 5, 1994,
through November 3, 1995:
(1) The total catch of E. carlsbergi shall not exceed 200,000 tons.
(2) The total catch of E. carlsbergi shall not exceed 43,000 tons
in the Shag Rocks region, defined as the area bounded by 52 deg.30' S.
lat., 40 deg. W. long.; 52 deg.30' S. lat., 44 deg. W. long.;
54 deg.30' S. lat., 40 deg. W. long.; and 54 deg.30' S. lat., 44 deg.
W. long.
(h) The taking of finfish, other than for scientific research
purposes, is prohibited in subareas 48.1 and 48.2 (see Figure 1 to part
380).
(i) The following catch restrictions apply to N. squamifrons in
statistical division 58.4.4 (see Figure 1 to part 380) during the
period from November 5, 1994, through November 1, 1996:
(1) The total catch of N. squamifrons during the entire 2- year
period shall not exceed 715 tons on Lena Bank and 435 tons on Ob Bank.
(2) Each vessel participating in the fishery shall carry a
scientific observer, appointed in accordance with the CCAMLR Scheme of
International Scientific Observation on board throughout all fishing
activities within the fishing period.
(j) The following catch restrictions apply to statistical division
58.5.2 for each fishing season:
(1) Fishing seasons commence in each year at the close of the
annual meeting of CCAMLR and continue until the earlier part of June 30
or until respective precautionary catch limits are reached whichever
comes first.
(2) The total catch limit for C. gunnari is 311 tons.
(3) The total catch limit for D. eleginoides is 297 tons.
(k) The following catch restrictions apply to fishing for any
Antarctic crab species in the crab group Order Decapoda, Suborder
Reptantia, in statistical area 48 during the period from November 5,
1994, through November 3, 1995:
* * * * *
3. In Sec. 380.24, paragraphs (d) introductory text, (d)(2), (f)
introductory text, (g)(1) introductory text, and (g)(2) are revised to
read as follows:
Sec. 380.24 Reporting requirements.
* * * * *
(d) Monthly effort and biological data reporting for N. squamifrons
in statistical division 58.4.4 and for the bycatch of D. eleginoides
taken during the period from November 5, 1994, through November 1,
1996, in the target fishery for N. squamifrons is established as
follows:
* * * * *
(2) The operator of any vessel fishing in a trawl fishery to which
this system applies, must complete, for all catch and bycatch species,
the CCAMLR fine-scale catch and effort data form for trawl fisheries
(Form C1, latest version) and, within 1 day of the end of the reporting
period, submit the form to the Assistant Administrator. The report must
include data on the numbers of seabirds of each species killed or
injured in incidents involving net monitor cables. The report must be
made in writing and conveyed by cable, telex, rapidfax, or other
appropriately timely method to the address or number specified in the
vessel's permit and must include the vessel's name, permit number, and
the month to which the report applies.
* * * * *
(f) Monthly biological data reporting for D. eleginoides for
fishing in statistical subareas 48.3 and 48.4 during the period from
November 5, 1994, through November 3, 1995, is established as follows:
* * * * *
(g) * * *
(1) The following data must be reported to the Assistant
Administrator by August 15, 1995, for catches taken between November 5,
1994, and July 31, 1995:
* * * * *
(2) Data on catches taken between July 31, 1995, and August 31,
1995, must be submitted to the Assistant Administrator by September 15,
1995.
* * * * *
4. In Sec. 380.26, paragraphs (a) through (i) are revised to read
as follows:
Sec. 380.26 Closures.
(a) The fishery for E. superba is statistical area 48 shall close
when the total catch in any fishing season reaches 1.5 million tons.
(b) The fishery for D. eleginoides in statistical subarea 48.3
shall close on August 31, 1995, or when the total catch reaches 2,800
tons, whichever comes first.
(c) The fishery for D. eleginoides in statistical subarea 48.4
shall close on November 3, 1995, or when the total catch reaches 28
tons, whichever comes first.
(d) The fishery for C. gunnari in statistical subarea 48.3 is
closed from November 5, 1994, through November 3, 1995.
(e) The directed fishery for E. carlsbergi in statistical subarea
48.3 during the period from November 5, 1994, through November 3, 1995,
shall close when the bycatch of any of the species N. gibberifrons, C,
aceratus, N. rossii, N. squamifrons, P. georgianus, or P. b. guntheri
reaches its bycatch limit, or when the total catch of E. carlsbergi
reaches 200,000 tons, whichever comes first.
(f) The directed fishery for E. carlsbergi in the Shag Rocks region
of statistical subarea 48.3 during the period from November 5, 1994,
through November 3, 1995, shall close when the bycatch of any of the
species named in paragraph (e) of this section reaches its bycatch
limit or if the total catch of E. carlsbergi reaches 43,000 tons,
whichever comes first.
(g) The fishery for N. squamifrons on Lena Bank in statistical
division 58.4.4 shall close when the total catch between November 5,
1994, and November 1, 1996, reaches 715 tons.
(h) The fishery for N. squamifrons on Ob Bank in statistical
division 58.4.4 shall close when the total catch between November 5,
1994, and November 1, 1996, reaches 435 tons.
(i) The fishery for Antarctic crab species in the crab group Order
Decapoda, Suborder Reptantia in statistical area 48 shall close when
the total catch reaches 1,600 tons.
* * * * *
5. In Sec. 380.27, paragraphs (c) and (d) are revised to read as
follows:
Sec. 380.27 Gear restrictions.
* * * * *
[[Page 43065]]
(c) The precautionary catch of D.eleginoides in statistical
subdivision 58.5.2 may only be taken by trawling.
(d) The use of any gear, except crab pots (traps), in the crab
fishery in statistical area 48 during the period from November 5, 1994,
through November 3, 1995, is prohibited.
* * * * *
6. In Sec. 380.28, paragraph (m)(2) introductory text is revised,
and paragraph (m)(2)(ii) is added to read as follows:
Sec. 380.28 Procedure for according protection to CCAMLR Ecosystem
Monitoring Program Sites.
* * * * *
(m) * * * *
(2) The following sites have been identified as CEMP Protected
Sites subject to the regulatory authority of the Act:
* * * * *
(ii) Cape Shirreff and the San Telmo Islands. This designation
takes effect on May 1, 1995. Cape Shirreff is a low, ice-free peninsula
towards the western end of the north coast of Livingston Island, South
Shetland Islands, situated at lat. 62 deg.' S, long. 60 deg.47' W,
between Barclay Bay and Hero Bay. San Telmo Island is the largest of a
small group of ice-free rock islets, approximately 2 km west of Cape
Shirreff. The boundaries of the Cape Shirreff CEMP Protected Site are
identical to the boundaries of the Site of Special Scientific Interest
No. 32, as specified by ATCM Recommendation XV-7. No man-made boundary
markers indicate the limits of the SSSI or protected site. The
boundaries are defined by natural features and include the entire area
of the Cape Shirreff peninsula north of the glacier ice tongue margin,
and most of the San Telmo Island group. For the purposes of the
protected site, the entire area of Cape Shirreff and the San Telmo
Island group is defined as any land or rocks exposed at mean low tide
within the area delimited by the map of SSSI No. 32.
[FR Doc. 95-20467 Filed 8-17-95; 8:45 am]
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