[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