[Federal Register Volume 62, Number 182 (Friday, September 19, 1997)]
[Proposed Rules]
[Pages 49193-49195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24812]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 970829217-7217-01; I.D. 081597E]
RIN 0648-AJ79


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 18

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 issues this proposed rule and request for comments for 
Framework Adjustment 18 to the Northeast Multispecies Fishery 
Management Plan (FMP). This rule proposes to allow pelagic midwater 
trawling for herring and mackerel in Multispecies Closed Areas I and 
II, the Gulf of Maine (GOM) multispecies closure areas, and in the 
Nantucket Lightship Closed Area under certain conditions. The intended 
effect of this action is to provide greater economic opportunity for 
pelagic midwater trawl vessels to harvest herring and mackerel while 
maintaining the conservation benefits of the current multispecies 
management measures.

DATES: Comments must be received on or before October 6, 1997.

ADDRESSES: All comments concerning these proposed regulations should be 
addressed to Andrew A. Rosenberg Ph.D., Administrator, Northeast 
Region, National Marine Fisheries Service, One Blackburn Drive, 
Gloucester, MA 01930. Copies of the framework document are available 
upon request from Paul J. Howard, Executive Director, New England 
Fishery Management Council, 5 Broadway, (Route 1), Saugus, MA 01906.

FOR FURTHER INFORMATION CONTACT: Richard A. Pearson, NMFS, Fishery 
Policy Analyst, 508-281-9279.

SUPPLEMENTARY INFORMATION:

Background

    In 1994, at the request of the New England Fishery Management 
Council (NEFMC), NMFS, by emergency action, closed three large areas 
for the duration of the emergency to all fishing gear capable of 
catching multispecies (59 FR 63926, December 12, 1994, and amended at 
60 FR 3102, January 13, 1995). These areas, known as Closed Areas I and 
II, and the Nantucket Lightship Closed Area, cover approximately 4800 
square miles (12432 sq km). In order to avoid a hiatus between the 
emergency action and implementation of Amendment 7, NMFS issued 
Framework Adjustment 9 (60 FR 19364, April 18, 1995) to implement the 
emegency measures on a permament basis while Amendment 7 was being 
developed to address a longterm objective of stock rebuilding. In 1996, 
Amendment 7 to the FMP continued the existing year-round closures and 
closed seasonally three additional large areas in the GOM (61 FR 27710, 
May 31, 1996). These areas currently remain closed to all gear capable 
of catching multispecies, including pelagic midwater trawls.
    Recently, the NEFMC was requested by fishery participants to allow 
pelagic midwater trawling for herring and mackerel in the multispecies 
closed areas. According to the participants, the herring and mackerel 
fisheries capture negligible amounts of regulated multispecies due to 
the spatial separation of pelagic and demersal species in the water 
column. Because of the low value of herring and mackerel, it is 
important to industry that vessels have unimpeded access to these 
species throughout their migration to ensure that the harvesting and/or 
processing capacity of the vessels is maximized. Large closed areas 
impede access and make fishing for herring and mackerel less 
economically feasible. These pelagic species are very important for 
commercial fishing vessels in New England that participate in joint 
ventures or in the directed domestic fishery. Due to the prohibition on 
fishing in closed areas and an increased reliance on closed areas for 
multispecies mortality reduction, it has become increasingly difficult 
to conduct these pelagic fishing operations.
    The NEFMC has reviewed NMFS sea sampling data from the fisheries 
and has determined that pelagic midwater trawls, when fished properly, 
can operate in closed areas with a minimal bycatch of regulated 
multispecies. NMFS agrees with this determination. However, allowing 
one type of trawl vessel while prohibiting another type could present 
enforcement problems. Several requirements in Framework 18 address 
these enforcement concerns. This proposed rule would allow pelagic 
midwater trawling for herring and mackerel in Closed Areas I and II, 
the Nantucket Lightship Closed Area, and the GOM Closed Areas under the 
following conditions: (1) Vessels must obtain and comply with a 
midwater trawl letter of authorization (as

[[Page 49194]]

currently required under Sec. 648.80(d)(2) for the midwater trawl gear 
exemption) from the Administrator, Northeast Region, NMFS (Regional 
Administrator); (2) harvesting or processing vessels must carry 
observers if required by NMFS, and (3) if the Regional Administrator 
determines, on the basis of sea sampling data or other credible 
information, that bycatch of regulated multispecies in the closed areas 
for the fishery or for an individual vessel is likely to exceed, or 
exceeds, 1 percent of the catch (by weight), then the Regional 
Administrator may place restrictions and/or conditions in the letter(s) 
of authorization of any or all of the fishing operations; or, after 
consulting with the NEFMC, may suspend all midwater trawl activities in 
the closed areas.

Classification

    This action is authorized by CFR part 648 and has been determined 
not to be significant for purposes of E.O. 12866.
    The NEFMC prepared an initial regulatory flexibility analysis 
(IRFA) that describes the impact this proposed rule, if adopted, would 
have on small entities. This proposed action would have a significant, 
but positive impact on small business entities because it is expected 
to increase the annual gross revenues of a substantial number of small 
business entities by more than 5 percent. The IRFA concluded that this 
action could affect all of the approximately 35 pelagic midwater trawl 
vessels (which are small business entities) participating in the 
fisheries by allowing them to fish in areas currently closed to them, 
and thereby increasing their annual gross revenues by more than 5 
percent. Ten to twelve additional vessels could enter these fisheries 
in the next year. However, it is unlikely more than this estimate will 
enter the fisheries because of the expense, which is estimated to range 
from $75,000 to $250,000 depending on the changes made, to convert 
conventional trawl vessels into competitive mid-water trawls. Because 
of the conversion expenses, many vessels would be precluded from 
entering these fisheries.
    The proposed action could improve the economic competitiveness of 
all U.S. Atlantic herring and mackerel harvesting operations and 
preserve the enforceability and effectiveness of the multispecies 
closed areas. The IRFA indicated that it is difficult to predict the 
exact increase in annual gross revenues as a result of allowing fishing 
in the currently closed areas due to the migratory nature of herring 
and mackerel, but overall annual ex-vessel revenues for the fleet may 
potentially rise from between $255,684 to $767,051, as compared to 
taking no action.
    The NEFMC considered but rejected requiring observers to be present 
whenever fish are transferred from the harvesting vessel to the 
processor. The NEFMC rejected this alternative because it was 
considered to be too costly for U.S. freezer trawlers and vessels that 
land herring or mackerel ashore. The NEFMC has received many comments 
that pelagic midwater vessels do not catch regulated groundfish 
species, and the NEFMC felt this view is supported by the available sea 
sampling data. In addition, the IRFA indicates there may be an 
insufficient number of trained observers to provide coverage for the 
non-joint venture boats in the near future. Observers already are 
required on processing vessels participating in joint venture 
operations. Under this non-preferred alternative (mandatory use of 
observers), the range in ex-vessel revenues was estimated to be from 
$217,000 to $640,000. However, observer costs would range from an 
estimated 8 percent to as much as 148 percent of ex-vessel revenues, 
making it economically unfeasible for some vessels to carry observers. 
Observer costs would average 55 percent of gross revenues for ton-class 
3 vessels and 14 percent of gross revenues for ton-class 4 vessels 
based on available herring catch rate data.
    No alternatives to ``minimize'' the economic impact were considered 
by the NEFMC because the impacts are all beneficial and thus need not 
be minimized. As noted above, the NEFMC rejected an alternative that 
would have reduced the economic benefit. A copy of this analysis is 
available from the NEFMC (see ADDRESSES).
    This proposed rule contains no new collection-of-information 
requirements.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: September 12, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648-FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

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

    2. Section 648.80 is amended by revising paragraphs (d)(2) and 
(d)(3) to read as follows:


Sec. 648.80  Regulated mesh areas and restrictions on gear and methods 
of fishing.

* * * * *
    (d) * * *
    (2) When fishing under this exemption in the GOM/GB and SB/JL 
Areas, and in any or all of the areas described in Sec. 648.81 
(a)(1),(b)(1),(c)(1),(f)(1),(g)(1),(h)(1), and (i)(1), the vessel has 
on board a letter of authorization issued by the Regional 
Administrator, and complies with all restrictions and conditions 
thereof;
    (3) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, or mackerel in areas north of 42 deg.20' N. 
lat. and in the areas described in Sec. 648.81 (a)(1), (b)(1), (c)(1), 
(f)(1), (g)(1), (h)(1), and (i)(1); and Atlantic herring, blueback 
herring, mackerel, or squid in all other areas south of 42 deg.20' N. 
lat.; and
* * * * *
    3. Section 648.81 is amended by adding paragraph (a)(2)(iii), and 
by revising paragraphs (a)(2)(ii), (b)(2) introductory text, (c)(2)(i), 
and (f)(2)(ii) to read as follows:


Sec. 648.81  Closed areas.

    (a) * * *
    (2) * * *
    (ii) Fishing with or using pelagic hook or longline gear or harpoon 
gear, provided that there is no retention of regulated species, and 
provided that there is no other gear on board capable of catching NE 
multispecies; or
    (iii) Fishing with midwater trawl gear consistent with 
Sec. 648.80(d), provided that the Regional Administrator shall review 
information pertaining to the bycatch of regulated multispecies from 
the closed areas specified in paragraphs (a)(1), (b)(1), (c)(1), 
(f)(1), (g)(1), (h)(1), and (i)(1) of this section, and if the Regional 
Administrator determines, on the basis of sea sampling data or other 
credible information, that the bycatch of regulated multispecies in the 
areas exceeds, or is likely to exceed, one percent of herring and 
mackerel harvested, by weight, in the fishery or by any individual 
fishing operation, the Regional Administrator may place restrictions 
and conditions in the letter of authorization for any or all individual 
fishing operations or, after consulting with the Council, suspend or 
prohibit any or all midwater trawl activities in any or all such areas.
    (b) * * *
    (2) Paragraph (b)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels authorized to fish in Closed Area I 
under paragraph (a)(2) of this section, or that are transiting the area 
provided--
    * * * * *

[[Page 49195]]

    (c) * * *
    (2) * * *
    (i) Fishing with gear as described in paragraph (a)(2) of this 
section;
* * * * *
    (f) * * *
    (2) * * *
    (ii) That are fishing with or using exempted gear as defined under 
this part, excluding pelagic gillnet gear capable of catching 
multispecies, except vessels may fish with a single pelagic gillnet, 
not longer than 300 ft. (91.44 m) and not greater than 6 ft (1.83 m.) 
deep, with a maximum mesh size of 3 inches (7.62 cm.), provided the net 
is fished in the upper two-thirds of the water column and is marked 
with the owners name and vessel identification number, and provided 
there is no other gear on board capable of catching multispecies 
finfish; or
* * * * *
[FR Doc. 97-24812 Filed 9-18-97; 8:45 am]
BILLING CODE 3510-22-F