[Federal Register Volume 65, Number 3 (Wednesday, January 5, 2000)]
[Rules and Regulations]
[Pages 377-380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-34026]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 991217342-9342-01; I.D. 120199D]
RIN 0648-AN15


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework 31 to the Northeast Multispecies 
Fishery Management Plan

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule and technical amendment.

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SUMMARY: NMFS issues this final rule to implement management measures 
contained in Framework (FW) 31 of the Northeast Multispecies Fishery 
Management Plan (FMP). These measures include: An increase in the Gulf 
of Maine (GOM) cod trip limit to 400 lb (181.4 kg) per day with a 
maximum possession limit of 4,000 lb (1,814.4 kg); modification of the 
manner in which allowable trip limit overages are permitted and are 
calculated; and closure of an inshore area comprising Massachusetts Bay 
and Stellwagen Bank for February 2000. These measures constitute an 
inseason adjustment to the measures currently in place. The intent of 
this rule is to reduce discards in the GOM cod fishery while still 
achieving mortality objectives of the rebuilding plan in the FMP. In 
addition, this rule corrects errors contained in the final rule 
published October 15, 1999 (64 FR 55821), which implemented the 
approved measures contained in Amendment 9 to the FMP. The October 15, 
1999, rule inadvertently omitted regulatory text to implement the 
approved Atlantic halibut measures.

DATES: Effective January 5, 2000, except for amendments to Sec. 648.81 
which are effective January 31, 2000, and the revision of Sec. 648.88 
(a)(1) which is effective November 15, 1999.

ADDRESSES: Copies of the FW 31 document, its Regulatory Impact Review 
(RIR), the Environmental Assessment (EA), and other supporting 
documents, and documents regarding Amendment 9 are available from Paul 
J. Howard, Executive Director, New England Fishery Management Council, 
5 Broadway (Route 1), Saugus, MA 01906-1036.

FOR FURTHER INFORMATION CONTACT: Thomas A. Warren, Fishery Management 
Specialist, 978-281-9347.

SUPPLEMENTARY INFORMATION:

GOM Cod Measures

    FW 27, which became effective on May 1, 1999, implemented measures 
to address overfishing and achieve the rebuilding goals of the FMP for 
GOM cod for the 1999 fishing year (May 1, 1999, through April 30, 
2000). Because the status of the GOM cod stock was characterized by the 
Multispecies Monitoring Committee as collapsing, the New England 
Fishery Management Council (Council) chose a target total allowable 
catch (TAC) of 782 mt, which corresponded to the precautionary fishing 
mortality rate (F) goal of F0.01. This TAC was selected as a 
target to ensure that the FMAX TAC of 1,340 mt was not 
exceeded. FW 27 increased the size and duration of closed areas, 
decreased the cod landing limit to 200 lb (90.7 kg) per day at sea 
(DAS), and required the Regional Administrator (RA) to reduce the 
landing limit to between 5 and 100 lb (2.3 kg and 45.4 kg) per DAS, 
when 402 mt of GOM cod was landed (30 percent of the FMAX 
target and 50 percent of the F0.1 target). The 200-lb (90.7-
kg) landing limit was reduced to 30 lb (13.6 kg) per DAS on May 28, 
1999, based upon the RA's projection that 402 mt had been landed. 
Meanwhile, industry reports of high levels of discarding of cod 
precipitated the Council's May 28, 1999, request for emergency action 
to raise the GOM cod trip limit. NMFS determined that the situation did 
not meet the requirements for emergency action. Instead, on August 3, 
1999, NMFS implemented interim measures to reduce levels of discarding 
and overall fishing mortality. These interim measures consisted of a 
landing limit of 100 lb (45.4 kg) per DAS, with a maximum possession 
limit of 500 lb (226.8 kg). The procedure for landing trip limit 
overages and the associated accounting of DAS (running clock) were 
revised to limit the amount of allowed overage to the equivalent of 1 
day's landing limit. The interim measures are in effect through January 
30, 2000.
    FW 31 contains three measures with respect to GOM cod: (1) A GOM 
cod landing limit of 400 lb (181.4 kg) per DAS with a maximum 
possession limit of 4,000 lb (1,814.4 kg); (2) the closure, in February 
2000, of an area of the GOM comprising Massachusetts Bay and Stellwagen 
Bank to vessels using gear capable of catching groundfish, with the 
exception of vessels using scallop dredge gear; and (3) an extension of 
the

[[Page 378]]

effective date of the running clock measure as implemented in the 
interim measures. Although a landing limit increase to 400 lb/DAS 
(181.4 kg/DAS) could contribute to increased fishing mortality, the 
other management measures (additional closed area and interim running 
clock) serve to limit fishing mortality. Although the projected 
landings of GOM cod under the 400-lb (181.4-kg) landing limit exceed 
the FMAX TAC by 5 percent, the projection does not include 
potential reductions in catch due to the proposed closure or running 
clock. In contrast, the current interim measures do not include the 
proposed February closed area, and FW 27 included neither the proposed 
closed area nor a limitation on the use of the running clock.
    This trip limit change means vessels may land 400 lb (181.4 kg) of 
GOM cod for the first 24-hr period of a trip, or portion thereof, after 
a vessel has called into the DAS program to start a trip on which cod 
are landed. For example, a vessel that starts a trip at 6:00 a.m. may 
call out of the DAS program at 11:00 a.m. and land up to 400 lb (181.4 
kg) of cod; but the vessel cannot land any more GOM cod on a subsequent 
trip until at least 6:00 a.m. on the following day.
    For trips longer than 24 hr, a vessel may land up to an additional 
400 lb (181.4 kg) of cod for each additional 24-hr block of DAS fished, 
or part of an additional 24-hr block of DAS fished, up to a maximum of 
4,000 lb (1,814.4 kg) per trip. For example, a vessel that has been 
called into the DAS program for 48 hr or less, but more than 24 hr, may 
land up to, but no more than, 800 lb (362.8 kg) of GOM cod. That vessel 
operator must not call out of the DAS program or depart from port until 
the remainder of the additional 24-hr block of the DAS has elapsed. For 
example, a vessel that has been called into the DAS program for 25 hr, 
at the time of landing, may land only up to 800 lb (362.8 kg) of cod, 
provided that the vessel operator does not call out of the DAS program, 
or leave port, until 48 hr have elapsed from the beginning of the trip. 
In effect, the use of the ``running clock'' is restricted to 24-hour 
blocks.

Georges Bank Cod Disapproved Measure

    FW 30, which was effective July 29, 1999, was the portion of the 
multispecies annual adjustment for fishing year 1999 that contained 
measures for Georges Bank cod. FW 30 established a cod daily landing 
limit of 2,000 lb (907.2 kg) per DAS starting August 15, 1999, with a 
maximum possession limit of 20,000 lb (9,072 kg) for vessels enrolled 
in the GOM Cod Trip Limit Exemption Program. FW 30 also established a 
so-called ``backstop measure'' that authorized the RA to decrease the 
trip limit when 75 percent of the target TAC for Georges Bank cod is 
projected to be reached. Conversely, the RA was authorized to increase 
the trip limit if it was anticipated that 75 percent of the target TAC 
for Georges Bank cod would not be reached by the end of the fishing 
year.
    FW 31 contains one measure with respect to Georges Bank cod--the 
elimination of the RA's inseason authority to adjust the Georges Bank 
cod trip limit. The Council proposed this measure because of its 
concern that a decrease in the landing limit could increase cod 
discards. The analysis supporting FW 30 assumed that the 2,000-lb 
landing limit would be in effect at the start of the fishing year (May 
1, 1999). Projected landings for Georges Bank cod in that instance were 
calculated to be 5,947 mt. Because the 2,000-lb (907-kg) trip came into 
effect August 15, 1999, and not at the beginning of the fishing year, 
it is likely that the projected landings of 5,947 mt is an 
underestimation. Therefore, NMFS disapproved the measure because it 
would increase the risk of exceeding the TAC and violate national 
standard 1, which requires that management measures prevent 
overfishing.
    The RA may set a trip limit at the appropriate level in order to 
achieve a balance between the conflicting goals of limiting fishing 
mortality and minimizing discards. The effect on discards of a 
reduction of the trip limit by the RA depends on the specific trip 
limit implemented and the circumstances under which it is used.

Technical Amendment

    Information concerning Amendment 9 to the FMP was provided in the 
preamble of the proposed rule (64 FR 13952, March 23, 1999), in the 
supplement to the proposed rule (64 FR 19111, April 19, 1999), and in 
the final rule (64 FR 55821, October 15, 1999), and is not repeated 
here. Among other management measures implemented under Amendment 9, 
the final rule added Atlantic halibut to the management unit of the FMP 
and implemented management measures for that species. Consistent with 
the intent of Amendment 9, the October 15, 1999, final rule revised 
Sec. 648.88(a)(1) to specify the possession limit for Atlantic halibut 
for open access multispecies handgear permit vessels. However, 
Sec. 648.88(a)(1) had been suspended by the GOM interim cod rule (64 FR 
42042, August 3, 1999). Therefore, this final rule corrects the error 
by revising Sec. 648.88(a)(1) to specify the halibut measure.

Abbreviated Rulemaking

    NMFS is making these revisions to the regulations under the 
framework abbreviated rulemaking procedure codified at 50 CFR part 648, 
subpart F. This procedure requires the Council, when making 
specifically allowed adjustments to the FMP, to develop and analyze the 
actions over the span of at least two Council meetings, where comments 
are accepted. The Council must provide the public with advance notice 
of both the framework proposals and the associated analysis and provide 
an opportunity to comment on them specifically prior to and at the 
second Council meeting. Upon review of the analyses and public 
comments, the Council may recommend to the RA that the measures be 
published either as a final rule, or as a proposed rule if additional 
public comment is necessary.
    The initial and final meetings for Framework 31 at which public 
comment was received were on August 10-11, 1999, and September 21-23, 
1999, respectively. The Council's Groundfish Committee and Industry 
Advisory Panel also held meetings and took public comment on the 
proposals on August 25 and September 9, 1999. Documents summarizing the 
Council's proposed action and the analysis of biological, economic, and 
social impacts of this and alternative actions were available for 
public review 1 week prior to the final meeting, as is required under 
the framework adjustment process. Written comments were accepted up to 
and during that meeting.

Comments and Responses

    Comment 1: Several members of the fishing industry stated that, 
because the February closure area is based on 30' squares, it is overly 
burdensome on inshore vessels. The commenters said the February closure 
area closes some areas within the squares where cod catch rates are low 
and other fishery opportunities exist. Instead, they supported Option 
2, which proposed smaller year-round closures and other measures. One 
individual who supported Option 2 area closures also advocated 
prohibiting night fishing by mobile gear in the western GOM.
    Response: The Council considered the Option 2 area closures and 
other measures, but rejected the proposal in part because the analysis 
showed that the proposed closures were not sufficient to achieve the 
FMP objectives, and because the U.S. Coast Guard commented that the 
closures would

[[Page 379]]

present enforcement difficulties due to their small size, irregular 
configuration, and location. The prohibition on night fishing was not 
available for consideration in any of the options that were drafted and 
analyzed for the final framework meeting.
    Comment 2: Three members of the processing and wholesaling sector, 
and several other individuals, opposed limiting DAS during the months 
of February through April, as proposed in Option 2. They indicated the 
importance of these months to fishermen and fish processors because 
there is excess market demand and high prices during those months. They 
were concerned that further disruption to the supply of fresh fish 
during this period would cause their customers to seek alternative 
sources of product, thus resulting in permanent loss of fresh fish 
markets in the region.
    Response: The Council did not adopt the Option 2 provision to limit 
DAS during the months of February through April, primarily because 
analyses indicated that the proposed limitations would not reduce 
effort substantially then, so that such a measure would have little or 
no contribution to conserving GOM cod. The Council also took into 
account concerns of the industry regarding DAS limitations during these 
months in some areas in its rejection of Option 2.
    Comment 3: Several members of the fishing industry commented that a 
trip limit of 200 lb (90.7 kg) would still result in significant 
discards at certain times and in certain areas, especially upon the re-
opening of a seasonally closed area. All commenters supported the goal 
of reducing discards.
    Response: A landing limit of 400 lb (181.4 kg) per day would result 
in less discarding than would a 200-lb (90.7-kg) limit. Although a 400-
lb (181.4-kg) limit would not entirely eliminate discards, a landing 
limit at this level is appropriate for achieving the goal of minimizing 
discards while still achieving the fishing mortality rate objective for 
GOM cod.
    Comment 4: One individual opposed eliminating the RA's authority to 
reduce the Georges Bank cod trip limit without other measures to 
prevent exceeding the target TAC. Several members of the fishing 
industry and one U.S. Congressman supported elimination of that 
authority.
    Response: NMFS disapproved this measure, as explained elsewhere in 
the preamble of this rule.

Classification

    The RA determined that this framework adjustment to the FMP is 
necessary for the conservation and management of the Northeast 
multispecies fishery and that it is consistent with the Magnuson-
Stevens Act and other applicable laws.
    Notice and opportunity for public comment were provided for the 
management measures implemented by this rule. The technical changes 
include corrections to an existing set of regulations for which full 
prior notice and opportunity for comment were provided. Therefore, the 
Assistant Administrator for Fisheries, NOAA (AA), under 5 U.S.C. 
553(b)(B), finds that providing additional opportunity for public 
comment is unnecessary. Because the provisions of this rule related to 
the GOM cod trip limit relieve a restriction, under 5 U.S.C. 553(d)(1) 
they are not subject to the 30-day delay in effectiveness. Therefore, 
the trip limit change will become effective upon publication. Fishermen 
will be notified of the new daily landing limit and possession limit 
via NOAA weather radio, U.S. Coast Guard announcements, and letters to 
permit holders. The technical change imposes no new requirements and is 
not subject to the 30-day delay in effective date provisions of 5 
U.S.C. 553(d).
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable. Consequently, a regulatory flexibility 
analysis has not been prepared. Nevertheless, the socioeconomic impacts 
on affected small entities were considered in the RIR contained in the 
supporting analyses for Framework 31. The short-term impact of the 
measures on ex-vessel revenue is estimated to result in an increase of 
approximately $500,000.
    This final rule has been determined to be not significant for the 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 648

    Commercial Fisheries, Fish, Fisheries.

    Dated: December 27, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons stated 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.


Sec. 648.10  [Amended]

    2. In Sec. 648.10, lift the suspension placed on paragraphs 
(f)(3)(i) and (f)(3)(ii) at 64 FR 42044 (August 3, 1999), and remove 
paragraph (f)(3)(iii).


Sec. 648.14  [Amended]

    3. In Sec. 648.14, lift the suspension placed on paragraphs 
(c)(23), (c)(24), (c)(25) at 64 FR 42045 (August 3, 1999), and remove 
paragraphs (c)(27), (c)(28), (c)(29), and (c)(30).
    4. In Sec. 648.81, revise paragraph (g)(1) introductory text, and 
add paragraph (g)(1)(vi) to read as follows:


Sec. 648.81  Multispecies closed areas.

* * * * *
    (g) * * *
    (1) No fishing vessel or person on a fishing vessel may enter, fish 
in, or be in, and no fishing gear capable of catching NE multispecies, 
unless otherwise allowed in this part, may be in, or on board a vessel 
in, GOM Rolling Closure Areas I through VI, as described in paragraphs 
(g)(l)(i) through (vi) of this section, for the times specified in 
paragraphs (g)(l)(i) through (vi) of this section, except as specified 
in paragraphs (d), and (g)(2) of this section. A chart depicting these 
areas is available from the Regional Administrator upon request (see 
Table 1 to Sec. 600.502 of this chapter).
* * * * *
    (vi) Rolling Closure Area VI. From February 1 through February 29, 
2000, the restrictions specified in paragraph (g)(1) of this section 
apply to Rolling Closure Area VI, which is the area bounded by straight 
lines connecting the following points in the order stated:

                         Rolling Closure Area VI
                        [February 1-February 28]
------------------------------------------------------------------------
              Point                      N. Lat.          W. Long. (*)
------------------------------------------------------------------------
GM1..............................  42 deg.00'........  (1)
GM2..............................  42 deg.00'........  (2)
GM3..............................  42 deg.00'........  (3)
GM4..............................  42 deg.00'........  70 deg.00'
GM8..............................  42 deg.30'........  70 deg.00'
GM9..............................  42 deg.30'........  (1)
------------------------------------------------------------------------
(*) or other intersecting line:
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.

* * * * *
    5. In Sec. 648.82, lift the suspension placed on paragraph 
(b)(3)(i) at 64 FR 42045 (August 3, 1999) and revise it, and remove 
paragraph (b)(3)(iii) to read as follows:


Sec. 648.82  Effort-control program for multispecies limited access 
vessels.

* * * * *

[[Page 380]]

    (b) * * *
    (3) * * *
    (i) DAS allocation. A vessel qualified and electing to fish under 
the small vessel category may retain up to 300 lb (136.1 kg) of cod, 
haddock, and yellowtail flounder, combined, and one Atlantic halibut 
per trip, without being subject to DAS restrictions. Such a vessel is 
not subject to a possession limit for other NE multispecies.
* * * * *
    6. In Sec. 648.86, lift the suspension placed at 64 FR 42045 
(August 3, 1999) on paragraphs (b)(1)(i), (b)(1)(ii)(A), and (b)(3), 
revise paragraphs (b)(1)(i) and (b)(1)(ii)(A) to read as set forth 
below, and remove paragraphs (b)(1)(iv) and (b)(5).


Sec. 648.86  Multispecies possession restrictions.

* * * * *
    (b) * * *
    (1) * * *
    (i) Except as provided in paragraph (b)(1)(ii) and (b)(4) of this 
section, and subject to the call-in provision specified in 
Sec.648.10(f)(3)(i), a vessel fishing under a NE multispecies DAS may 
land only up to 400 lb (181.8 kg) of cod during the first 24-hr period 
after the vessel has started a trip on which cod were landed (e.g. a 
vessel that starts a trip at 6 a.m. may call out of the DAS program at 
11 a.m. and land up to 400 lb (181.8 kg), but the vessel cannot land 
any more cod on a subsequent trip until at least 6 a.m. on the 
following day). For each trip longer than 24 hr, a vessel may land up 
to an additional 400 lb (181.8 kg) for each additional 24-hr block of 
DAS fished, or part of an additional 24-hr block of DAS fished, up to a 
maximum of 4,000 lb (1,818.2 kg) per trip (e.g., a vessel that has been 
called into the DAS program for 48 hr or less, but more than 24 hr, may 
land up to, but no more than 800 lb (363.6 kg) of cod). A vessel that 
has been called into only part of an additional 24-hr block of a DAS 
(e.g., a vessel that has been called into the DAS program for more than 
24 hr but less than 48 hr) may land up to an additional 400 lb (181.8 
kg) of cod for that trip. Cod on board a vessel subject to this landing 
limit must be separated from other species of fish and stored so as to 
be readily available for inspection.
    (ii) * * *
    (A) The vessel operator does not call-out of the DAS program as 
described under Sec.648.10(c)(3) and does not depart from a dock or 
mooring in port, unless transiting as allowed in paragraph (b)(3) of 
this section, until the rest of the additional 24-hr block of the DAS 
has elapsed regardless of whether all of the cod on board is offloaded 
(e.g., a vessel that has been called into the DAS program for 25 hr, at 
the time of landing, may land only up to 800 lb (363.6 kg) of cod, 
provided the vessel does not call out of the DAS program or leave port 
until 48 hr have elapsed from the beginning of the trip).
* * * * *
    7. In Sec. 648.88: Paragraph (a)(1) is revised effective November 
15, 1999 to read as set forth below; paragraph (a)(3) is removed.


Sec. 648.88  Multispecies open access permit restrictions.

    (a) * * *
    (1) The vessel may possess and land up to 300 lb (136.1 kg) of cod, 
haddock, and yellowtail flounder, combined, one Atlantic halibut, per 
trip, and unlimited amounts of the other NE multispecies, provided that 
the vessel does not use or possess on board gear other than rod and 
reel or handlines while in possession of, fishing for, or landing NE 
multispecies, and provided it has at least one standard tote on board.
* * * * *
[FR Doc. 99-34026 Filed 12-29-99; 3:45 pm]
BILLING CODE 3510-22-P