[Federal Register Volume 67, Number 66 (Friday, April 5, 2002)]
[Proposed Rules]
[Pages 16362-16363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8335]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 648

[I.D. 031502A]


Fisheries of the Northeastern United States; Petition for 
Rulemaking for Management of the Atlantic Hagfish Fishery

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

ACTION: Notice of receipt of petition for rulemaking; request for 
comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces receipt of, and requests public comment on, a 
petition for emergency rulemaking to implement measures to limit the 
entry of vessels into the unregulated Atlantic hagfish fishery. Mr. 
William R. Palombo, Nippert Fishing Corporation (Petitioner) has 
petitioned NMFS, on behalf of the Secretary of Commerce, to implement 
these measures as soon as possible.

DATES: Comments must be received no later than 5 p.m., Eastern Standard 
Time, on May 6, 2002.

ADDRESSES: Copies of the letter constituting the petition are available 
upon request from Patricia A. Kurkul, Regional Administrator, Northeast 
Region, National Marine Fisheries Service, One Blackburn Drive, 
Gloucester, MA 01930-2298.
    Written comments on the petition should be sent to the Regional 
Administrator at the above address. Mark on the outside of the 
envelope: ``Comments on Petition for Management of the Hagfish 
Fishery.'' Comments may also be sent via facsimile (fax) to (978) 281-
9371. Comments will not be accepted if submitted via e-mail or the 
Internet.

FOR FURTHER INFORMATION CONTACT: Myles Raizin, Fishery Policy Analyst, 
(978) 281-9104, e-mail at [email protected], fax at (978) 281-
9135.

SUPPLEMENTARY INFORMATION:

Background

    In November 2001, the Petitioner wrote to the Secretary of Commerce 
(Secretary) and the New England Fishery Management Council (Council) on 
behalf of himself, his partner, Steve Nippert, and other members of the 
Atlantic hagfish industry to request that action be taken to initiate 
management of Atlantic hagfish (Myxine glutinosa). He requested that 
the Council establish a control date for the fishery and start to 
develop a fishery management plan. He asked the Secretary to take 
emergency action under the Magnuson-Stevens Fishery Conservation and 
Management Act to establish a control date for the fishery and 
implement a moratorium on new entrants into the fishery. The Assistant 
Administrator for Fisheries, NOAA, responding on behalf of the 
Secretary, declined to take emergency action at that time because he 
felt that the Council arena was the appropriate forum for consideration 
of the request.
    The Council considered the request at its January 17, 2002, 
meeting. The Council tabled a motion that would have established a 
control date for the fishery, and instead adopted a motion to request 
that state fishery agencies develop regulations to manage the fishery. 
The Council requested that state agencies report back to the Council on 
the issue in 6 months.

Petition for Rulemaking

    On January 18, 2002, the Petitioner submitted a Petition for 
Rulemaking requesting NMFS to implement immediately emergency measures 
to limit entry into the Atlantic hagfish fishery. The Petitioner 
believes that the Council acted irresponsibly, illegally, and contrary 
to U.S. and international standards when it declined to take action to 
conserve and manage Atlantic hagfish. He explains that all opponents of 
the action indicated that they had either added larger vessels to the 
fishery in the recent past, or are planning on adding larger vessels to 
the fishery in the future. He notes that the need for larger boats is a 
result of localized depletion of hagfish and the need to go farther 
offshore, outside of the range of smaller vessels to find fishable 
concentrations of hagfish.
    The Petitioner notes that opponents' testimony in support of larger 
vessels in the fishery indicates that large hagfish are taken when 
hagfish barrels are set on new bottom; this suggests that hagfish traps 
are extremely efficient and will catch the standing stock of mature 
eels very quickly. The Petitioner believes that, before this fishery is 
allowed to expand, the appropriate rate at which eels can be removed 
without severely depleting the adult population should be calculated.
    The Petitioner believes that there is a misunderstanding regarding 
the nature of the hagfish market. He states that many believe that the 
eel skin market drives the demand for hagfish. However, the primary 
market for hagfish is for meat. He adds that, prior to 1995, it was 
illegal to import hagfish into Korea for meat. Therefore, the market is 
relatively new and developing.
    The Petitioner notes that the New England catch has risen steadily 
from zero in 1993 to 6.8 million lb (3,085 mt) in 2000. He explains 
that hagfish are a long-lived species and have a low reproductive 
potential compared to most fish species. He states that the surplus 
production from the hagfish fishery is likely to be limited compared to 
the absolute abundance fishermen find when setting on virgin grounds. 
He believes that an unregulated fishery will be more of a mining 
operation than a fishery. The Petitioner notes that the hagfish fishery 
in the Sea of Japan has collapsed and has never recovered.
    The Petitioner believes that the Council's Red Crab Fishery 
Management Plan should have considered impacts on the Atlantic hagfish 
fishery that could result from limited entry measures in the red crab 
fishery. He has testified before the Council that at least five large 
vessels are preparing to enter the Atlantic hagfish fishery.
    The Petitioner cites NMFS guidelines that advise a precautionary 
approach to managing new fisheries, where initially fishing should be 
exploratory in nature and focus on gathering data to estimate life 
history parameters. He also cites United Nations Food and Agriculture 
Organization (FAO) advice that managers control access to a fishery 
early, before problems appear. He further states that FAO recommends 
putting a cap on both fishing capacity and the total fishing mortality 
rate, and that caps should remain in place until analyses of data 
justify an increase in fishing effort.
    The Petitioner states that testimony before the Council indicated 
that there are at least five vessels that have either already entered 
or are planning to enter the Atlantic hagfish fishery in the near 
future, and each of these is larger than any of the existing vessels in 
the fishery. He claims that the total harvesting capacity of the 
potential entrants alone

[[Page 16363]]

is likely to exceed four times the capacity of the existing fleet.
    This notice solicits comments from the public regarding the need to 
proceed with rulemaking for the Atlantic hagfish fishery. NMFS is 
specifically requesting that the public provide comments on the biology 
and ecology of the Atlantic hagfish stock. NMFS will consider this 
information in determining whether to proceed with the development of 
regulations requested by the amended petition.

    Dated: April 1, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 02-8335 Filed 4-4-02; 8:45 am]
BILLING CODE 3510-22-S