[Federal Register Volume 64, Number 24 (Friday, February 5, 1999)]
[Proposed Rules]
[Pages 5754-5755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2797]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 990119022-9022-01; I.D. 111998B]
RIN 0648-AM13


Fisheries of the Northeastern United States; Amendment 1 to the 
Atlantic Salmon Fishery Management Plan

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 proposes regulations to implement Amendment 1 to the 
Atlantic Salmon Fishery Management Plan (FMP). Specifically, this 
proposed rule would establish a framework process to add or adjust 
Atlantic salmon aquaculture management measures, if necessary, to meet 
the goals and objectives of the Atlantic Salmon FMP. Amendment 1 to the 
FMP also proposes to add an Atlantic salmon overfishing definition.

DATES: Comments must be received on or before March 22, 1999.

ADDRESSES: Comments on this proposed rule should be sent to Jon C. 
Rittgers, Acting Regional Administrator, 1 Blackburn Drive, Gloucester, 
MA 01930. Mark the outside of the envelope, ``Comments on Proposed Rule 
for Amendment 1 to the Atlantic Salmon FMP.''
    Copies of the Amendment, its regulatory impact review (RIR), 
environmental assessment (EA), and supporting documents are available 
from Paul J. Howard, Executive Director, New England Fishery Management 
Council, 5 Broadway, Saugus, MA 01906-1036.

FOR FURTHER INFORMATION CONTACT: Bonnie L. Van Pelt, Fishery Management 
Specialist, 978-281-9244.

SUPPLEMENTARY INFORMATION: The Sustainable Fisheries Act of 1996 (SFA) 
requires the Regional Fishery Management Councils to identify and 
describe essential fish habitat (EFH) for the species managed. NMFS 
issued a notice of availability that invited public comments on 
Amendment 11 to the Northeast Multispecies FMP, Amendment 9 to the 
Atlantic Sea Scallop FMP, and Amendment 1 to the Atlantic Salmon FMP in 
the Federal Register on December 1, 1998 (63 FR 66110), with a comment 
period ending date for these amendments of February 1, 1999. These 
amendments are part of a larger document (omnibus amendment) submitted 
by the New England Fishery Management Council (NEFMC) for Secretarial 
review that includes Amendment 1 to the Monkfish FMP prepared jointly 
by NEFMC and the Mid-Atlantic Fishery Management Council (MAFMC). 
Because the MAFMC had not yet adopted Monkfish Amendment 1 at the time 
of the NEFMC's submission of the omnibus amendment to NMFS, the notice 
of availability published on December 1, 1998 did not invite public 
comments on Amendment 1 to the Monkfish FMP. Also, the omnibus 
amendment also includes the EFH components of the Atlantic Herring FMP 
that is being developed by the NEFMC. The EFH information for Atlantic 
Herring will be incorporated by reference into the Atlantic Herring FMP 
when that FMP is submitted for Secretarial approval; therefore, public 
comments were not invited on the EFH components for Atlantic herring in 
the aforementioned notice of availability published on December 1, 
1998. On December 7, 1998, NMFS issued an amendment to the notice of 
availability (NOA) published on December 1, 1998, in the Federal 
Register (63 FR 67450), notifying the public that in addition to EFH 
components, Amendment 1 to the Atlantic Salmon FMP also contains a 
discussion of an overfishing definition and an aquaculture framework 
adjustment process for Atlantic salmon. The comment period ending date 
for those components for Amendment 1 to the Atlantic Salmon FMP is also 
February 1, 1999. Finally, NMFS issued another amendment to the notice 
of availability published on December 1, 1998, advising the public that 
a proposed rule would be published in the Federal Register soon, 
inviting public comments on the proposed framework adjustment process 
for possible aquaculture operations for Atlantic salmon. The only 
proposed implementing regulations contained in this omnibus amendment 
are those related to the Atlantic Salmon FMP.

Proposed Management Measures

    Amendment 1 to the Atlantic Salmon FMP proposes to add a definition 
for Atlantic salmon overfishing and to add a mechanism to allow 
Atlantic salmon aquaculture management measures to be added or adjusted 
through a framework adjustment process.
    Although salmon is overfished, no additional management measures 
are proposed by this amendment. Management measures currently in place 
prohibit harvesting of salmon from Federal waters. As a result, NMFS 
sent a letter to the NEFMC informing it that since everything within 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) has been done to rebuild this 
overfished stock, no further action was required to comply with the 
rebuilding provision of the Magnuson-Stevens Act (Section 304(c)).
    This amendment includes a definition of overfishing which was 
certified with reservation by the Northeast Fisheries Science Center as 
follows:

    The overfishing definition is based on the assumption that the 
number of spawning salmon corresponding to MSY is 54,000 (a proxy 
for BMSY), and that fishing mortality on the current 
stock of 200 fish should be zero. The stock size is currently well 
below \1/2\ Bmsy and Blimit (the biomass [or 
number of spawners] from which the stock could be rebuilt to 
Bmsy in 10 years). The amendment does not specify a 
fishing mortality limit or threshold appropriate for a rebuilt 
stock, or the stock size above which the fishing mortality rate 
could be greater than zero. However, given the current status of the 
stock and protracted rebuilding period, we are unlikely to achieve 
these thresholds in the near future.
    We will continue to monitor stock conditions for Atlantic salmon 
and study life history. We will recommend adjustments if and when 
necessary.

    In order to allow Atlantic salmon aquaculture projects to be 
conducted in the EEZ consistent with the goals and objectives of the 
Atlantic Salmon FMP, it may be necessary to add or adjust Atlantic 
salmon aquaculture management measures. For the sake of efficiency, 
this proposed rule would establish a framework process for adding or 
adjusting Atlantic salmon management measures which is consistent with 
the processes proposed under Amendment 9 to the Northeast Multispecies 
FMP and Amendment 7 for the Atlantic Sea Scallop FMP both of which were 
developed by the NEFMC to bring the applicable FMPs into compliance 
with the SFA requirements. Amendments 9 and 7, respectively, are 
currently under Secretarial review.
    This action would allow the Council and NMFS to adjust or add one 
or more of the Atlantic salmon aquaculture management measures 
identified in Amendment 1, including, but not limited to: minimum fish 
sizes, gear restrictions, minimum mesh sizes, possession limits, 
tagging requirements, monitoring requirements, reporting requirements, 
permit restrictions, area

[[Page 5755]]

closures, and establishment of special management areas or zones.

Classification

    At this time, NMFS has not determined that the amendment that this 
rule would implement is consistent with the Magnuson-Stevens Act and 
with other applicable laws. NMFS, in making that determination, will 
take into account the data, views, and comments received during the 
comment period.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    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. This rulemaking establishes a framework adjustment 
mechanism or process, but has no immediate economic or social impacts. 
Future actions taken to initiate Atlantic salmon aquaculture through 
this framework process would have their own supporting analyses of 
economic and social impacts. As a result, an initial regulatory 
flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: February 1, 1999.
Gary C. Matlock,
Acting 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 648.41 is added to read as follows:


Sec. 648.41  Framework specifications.

    (a) Within season management action. The Council may, at any time, 
initiate action to add or adjust Atlantic salmon aquaculture management 
measures if it finds that action is necessary to meet or be consistent 
with the goals and objectives of the Atlantic Salmon FMP.
    (b) Adjustment process. The Council shall develop and analyze 
appropriate aquaculture management measures over the span of at least 
two Council meetings. The Council shall provide the public with advance 
notice of the availability of both the proposals and the analysis and 
opportunity to comment on them prior to and at the second Council 
meeting. The Council's recommendation on adjustments or additions to 
aquaculture management measures, must come from one or more of the 
following categories: minimum fish sizes, gear restrictions, minimum 
mesh sizes, possession limits, tagging requirements, monitoring 
requirements, reporting requirements, permit restrictions, area 
closures, establishment of special management areas or zones and any 
other management measures currently included in the FMP.
    (c) NEFMC recommendation. After developing aquaculture management 
actions and receiving public testimony, the NEFMC shall make a 
recommendation to the Regional Administrator. The NEFMC's 
recommendation must include supporting rationale and, if aquaculture 
management measures are recommended, an analysis of impacts and a 
recommendation to the Regional Administrator on whether to issue the 
aquaculture management measures as a final rule. If the NEFMC 
recommends that the aquaculture management measures should be issued as 
a final rule, the NEFMC must consider at least the following factors 
and provide support and analysis for each factor considered:
    (1) Whether the availability of data on which the recommended 
aquaculture management measures are based allows for adequate time to 
publish a proposed rule, and whether regulations have to be in place 
for an entire harvest/fishing season.
    (2) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the NEFMC's recommended aquaculture management measures.
    (3) Whether there is an immediate need to protect the resource.
    (4) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (d) Regional Administrator action. If the NEFMC's recommendation 
includes adjustments or additions to aquaculture management measures 
and, after reviewing the NEFMC's recommendation and supporting 
information:
    (1) If the Regional Administrator concurs with the NEFMC's 
recommended aquaculture management measures and determines that the 
recommended management measures should be issued as a final rule based 
on the factors specified in paragraph (b)(2) of this section, the 
measures will be issued as a final rule in the Federal Register.
    (2) If the Regional Administrator concurs with the NEFMC's 
recommendation and determines that the recommended aquaculture 
management measures should be published first as a proposed rule, the 
measures will be published as a proposed rule in the Federal Register. 
After additional public comment, if the Regional Administrator concurs 
with the NEFMC recommendation, the measures will be issued as a final 
rule in the Federal Register.
    (3) If the Regional Administrator does not concur, the NEFMC will 
be notified in writing of the reasons for the non-concurrence.
    (e) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson Act.
[FR Doc. 99-2797 Filed 2-4-99; 8:45 am]
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