[Federal Register Volume 64, Number 143 (Tuesday, July 27, 1999)]
[Rules and Regulations]
[Pages 40519-40521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19172]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 990119022-9164-02; I.D. 111998C]
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: Final rule.

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SUMMARY: NMFS issues final regulations to implement Amendment 1 to the 
Atlantic Salmon Fishery Management Plan (FMP). Specifically, these 
final regulations establish a framework process to implement, add to or 
adjust

[[Page 40520]]

Atlantic salmon management measures to allow for Atlantic salmon 
aquaculture projects in the exclusive economic zone (EEZ). Amendment 1 
to the FMP also includes an overfishing definition for Atlantic salmon.

DATES: Effective August 26, 1999.
ADDRESSES: Copies of Amendment 1 and its regulatory impact review (RIR) 
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. VanPelt, Fishery Management 
Specialist, 978-281-9244.

SUPPLEMENTARY INFORMATION: On November 13, 1998, the New England 
Fishery Management Council (Council) submitted for review and 
Secretarial approval an omnibus amendment that includes Amendment 11 to 
the Northeast Multispecies FMP, Amendment 9 to the Sea Scallop FMP, and 
Amendment 1 to the Atlantic Salmon FMP. The omnibus amendment was 
approved in its entirety on March 3, 1999, and a notice of approval of 
the omnibus amendment was published in the Federal Register on April 
21, 1999 (64 FR 19503). A proposed rule to implement the aquaculture 
framework process contained in Amendment 1 to the Atlantic Salmon FMP 
was published on February 5, 1999 (64 FR 5754). The comment period on 
the proposed rule closed March 22, 1999. No public comments were 
received on the proposed rule. A complete discussion of Amendment 1's 
provisions appears in the preamble to the proposed rule and is not 
repeated here.

Approved Management Measures

    Amendment 1 to the Atlantic Salmon FMP includes a new Atlantic 
salmon overfishing definition and adds a mechanism to allow for 
Atlantic salmon aquaculture in the EEZ through a framework adjustment 
process. For a discussion of the Atlantic salmon overfishing 
definition, see the notice of approval of the omnibus amendment (64 FR 
19503, April 21, 1999).
    Although salmon is overfished, no additional management measures 
are imposed by Amendment 1. The management measures currently in place 
prohibit harvesting of salmon from the EEZ and require that any 
Atlantic salmon incidentally caught in other fisheries be released in a 
manner that insures maximum probability of survival. These measures 
have been determined to be sufficient to the extent practicable to 
minimize bycatch and bycatch mortality consistent with national 
standard 9.
    The Northeast Fisheries Science Center certified the Council's 
recommended overfishing definition with reservation noting that there 
was no specified mortality limit or threshold projected for a rebuilt 
stock, or stock size above which fishing mortality could be greater 
than zero. However, the Center's conclusion was that in light of the 
status of the Atlantic salmon resource and its long rebuilding 
schedule, considerations of such biological reference points can be 
addressed when, and if, necessary. Moreover, overfishing is not 
occurring, as fishing mortality is zero and is expected to stay at zero 
for the foreseeable future. The Council has been notified that should 
the status of the resource change, it would need to revisit the 
overfishing definition to clarify what level of fishing mortality is 
appropriate to rebuild the resource to a sustainable level.
    For the sake of efficiency, this rule establishes a framework 
process to allow for implementation of aquaculture projects, which is 
consistent with the process outlined for all other amendments now being 
developed to bring New England and Mid-Atlantic Fishery Management 
Council plans into compliance with the Sustainable Fisheries Act. This 
action would allow for the implementation of aquaculture projects 
through the adjustment of the management measures prohibiting the 
harvest of Atlantic salmon from the EEZ and through the imposition of 
one or more of the 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 
closures, and establishment of special management areas or zones.

Classification

    The Regional Administrator, Northeast Region, NMFS, determined that 
Amendment 1 is necessary for the conservation and management of the 
Atlantic salmon fishery and that it is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule would not have a significant economic 
impact on a substantial number of small entities. No comments were 
received regarding this certification. As a result, a regulatory 
flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: July 21, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 648 is 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 New England Fishery 
Management Council (NEFMC) may, at any time, initiate action to 
implement, add to or adjust Atlantic salmon management measures to 
allow for Atlantic salmon aquaculture projects in the EEZ, provided 
such an action is consistent with the goals and objectives of the 
Atlantic Salmon FMP.
    (b) Framework process. After initiation of an action to implement, 
add to or adjust an Atlantic salmon management measure to allow for an 
Atlantic salmon aquaculture project in the EEZ, the NEFMC shall develop 
and analyze Atlantic salmon management measures to allow for Atlantic 
salmon aquaculture projects in the EEZ over the span of at least two 
NEFMC meetings. The NEFMC 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 NEFMC 
meeting. The NEFMC's recommendation on 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 Atlantic salmon 
management measures and receiving public testimony, the NEFMC shall 
make a recommendation to NMFS. The NEFMC's recommendation must include 
supporting rationale and, if

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 management measures are recommended, an analysis of impacts and a 
recommendation to NMFS on whether to issue the management measures as a 
final rule. If NMFS concurs with the NEFMC's recommendation to issue 
the management measures 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 
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 management measures.
    (3) Whether there is an immediate need to protect the resource.
    (4) Whether there will be a continuing evaluation of measures 
adopted following their implementation as a final rule.
    (d) NMFS action. If the NEFMC's recommendation includes 
implementation of management measures and, after reviewing the NEFMC's 
recommendation and supporting information:
    (1) NMFS concurs with the NEFMC's recommended management measures 
and determines that the recommended measures should be issued as a 
final rule based on the factors specified in paragraph (c)(1) through 
(4) of this section, the measures will be issued as a final rule in the 
Federal Register.
    (2) NMFS concurs with the NEFMC's recommendation and determines 
that the recommended 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 NMFS concurs with 
the NEFMC recommendation, the measures will be issued as a final rule 
in the Federal Register.
    (3) NMFS 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-Stevens Act.
[FR Doc. 99-19172 Filed 7-26-99; 8:45 am]
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