[Federal Register Volume 67, Number 167 (Wednesday, August 28, 2002)]
[Proposed Rules]
[Pages 55191-55192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21984]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 020726183-2183-01; I.D. 071702F]
RIN: 0648-AQ12


Fisheries of the Northeastern United States; Management of the 
Atlantic Hagfish Fishery

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

ACTION: Notice of denial of petition for rulemaking; advance notice of 
proposed rulemaking to establish a control date for the hagfish 
fishery; request for comments.

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SUMMARY: NMFS announces its decision to deny the rulemaking requested 
in a Petition for Rulemaking submitted by Mr. William R. Palombo, 
Nippert Fishing Corporation (Petitioner). On January 18, 2002, the 
Petitioner submitted a Petition requesting that NMFS immediately 
implement emergency measures to limit entry into the Atlantic hagfish 
fishery. At present, the Atlantic hagfish fishery is not regulated 
under the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act).
    NMFS also announces that it is considering, and is seeking public 
comment on, proposed rulemaking to control future access to the hagfish 
(Myxine glutinosa) resource should a management regime be developed and 
implemented under the Magnuson-Stevens Act that would limit the number 
of participants in the fishery. This announcement is also intended, in 
part, to promote awareness of potential eligibility criteria for future 
access and to discourage speculative entry into the fishery while the 
New England Fishery Management Council (Council) and NMFS consider 
whether to control access to the hagfish fishery and, if they decide in 
favor of controlling access to the hagfish fishery, which methods 
should be used.

DATES: The date of publication of this notification, August 28, 2002 
will be known as the ``control date'' and may be used for establishing 
eligibility criteria for determining levels of future access to the 
hagfish fishery subject to Federal authority. Comments on the notice of 
a control date must be received by 5 p.m. EST September 27, 2002. 
Comments will not be accepted via email.

ADDRESSES: Comments should be directed to Patricia A. Kurkul, Regional 
Administrator, National Marine Fisheries Service, 1 Blackburn Drive, 
Gloucester, MA 01930. The envelope should be marked ``Hagfish Control 
Date Comments.''

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

SUPPLEMENTARY INFORMATION:

Finding on Petition for Rulemaking

    On April 5, 2002, NMFS published a Notice of Receipt of Petition 
for Rulemaking requesting public comment on a Petition for Rulemaking 
submitted by the Petitioner (67 FR 16362). NMFS also solicited 
information on Atlantic hagfish biology and ecology. The Petitioner had 
requested that NMFS immediately implement emergency measures to limit 
entry into the Atlantic hagfish fishery. A full discussion of the 
Petitioner's request is included in the preamble to the Notice of 
Receipt of Petition for Rulemaking and is not repeated here.

Comments and Responses

    Four comment letters were received during the comment period for 
this action, which ended on May 6, 2002. Three commentors favored the 
petition. One was from the original petitioner, who restated the points 
made in his Petition. The other two in favor were from an Atlantic 
hagfish vessel owner and from one group of scientists from the Shoals 
Marine Laboratory who have studied Atlantic hagfish. One opposing 
comment was received from an Atlantic hagfish processor.
    Comment 1: The scientists who commented noted that published 
scientific studies suggest that Atlantic hagfish are likely vulnerable 
to overfishing since reproductive capacity of hagfish is extremely 
limited. They note that females of reproductive age produce a single 
crop of 10 to 20 eggs, at most, once per year. They also note that 
there is high mortality of discarded Atlantic hagfish because animals 
die from thermal and salinity shock in surface water. They note they 
have sampled the same research site since 1987 and believe their 
findings indicate the area was quickly depleted after it was targeted 
by Atlantic hagfish vessels in 1996.
    Response: NMFS recognizes that there are valid reasons for a 
management program to be initiated for Atlantic hagfish. However, there 
is insufficient data available to conclude that the status of the 
Atlantic hagfish resource merits emergency action by the Secretary of 
Commerce. NMFS is publishing a control date to discourage speculative 
entry to the fishery and will urge the Council to develop a fishery 
management plan. The New England Fisheries Science Center, NMFS, will 
conduct a Stock Assessment Review Committee (SARC) for Atlantic hagfish 
in June, 2003. The SARC will be tasked with determining stock size and 
abundance and estimating biological reference points. This information 
can be used by the Council to develop management measures.
    Comment 2: An Atlantic hagfish processor notes that in order to 
redirect fishing effort off of intensively fished traditional Atlantic 
hagfish grounds and obtain better quality product, he has relied on 
larger vessels that can transit further to other fishing grounds this

[[Page 55192]]

year. He notes that larger deck spaces allow boats to cull out small 
individuals and return them to the ocean alive. He also notes he has 
seen improvement in product quality due to the refrigeration 
capabilities of larger vessels. He believes that a combination of 
larger and smaller vessels is desirable for the fishery. He believes 
that an FMP should be developed, but with the aid of reliable 
scientific data based on stock assessments. He believes it would be a 
disservice to the fishery to enact management measures, particularly 
through an emergency action, without data and questions the legality of 
emergency action without evidence that an emergency exists.
    Response:NMFS believes that a control date is an appropriate first 
step toward management because it provides a tool for the Council 
should it decide it is necessary to include controlled entry in the 
management program for the Atlantic hagfish fishery. The manner in 
which the control date would be utilized would be determined in the 
future and would not necessarily distinguish between vessels of 
different sizes.

Denial of the Petition

    There is no evidence of an emergency regarding the fishery that 
needs to be addressed. NMFS believes that emergency action is 
inappropriate because there is no evidence that, if determined 
necessary, there is sufficient time to develop management measures 
through the Magnuson-Stevens Act process would result in irreparable 
harm to the resource. NMFS will urge the Council to start work on a 
fishery management program for hagfish. In the meantime, publication of 
the control date will discourage speculative entry into the fishery and 
provide time for the Council to consider the issues concerning the 
stock in a full public process.

Advance Notice of Proposed Rulemaking to Establish a Control Date

    While there currently is no fishery management plan (FMP) for 
Atlantic hagfish, NMFS will urge the Council to develop one. As part of 
that FMP, a controlled access system may be required in the hagfish 
fishery to match fishing capacity to the sustainable harvest level. The 
limitation of entry into the fishery may be based on levels of 
participation or other criteria such as domestic harvest capacity.
    The control date is intended to discourage speculative entry into 
the Atlantic hagfish fishery while controlled access schemes are 
developed by the Council. The control date will help to distinguish 
established participants from speculative entrants to the fishery. 
Although participants are notified that entering the fishery after the 
control date will not ensure them of future access to the Atlantic 
hagfish resource on the grounds of previous participation, additional 
and/or other qualifying criteria may also be applied. The Council may 
choose different and variably weighted methods to qualify participants 
based on the type and length of participation in the fishery.
    This advance notice of proposed rulemaking establishes August 28, 
2002, as the control date for potential use in determining historical 
or traditional participation in the Atlantic hagfish fishery. 
Consideration of a control date does not commit the Council or NMFS to 
develop any particular management regime or criteria for participation 
in this fishery. The Council or NMFS may choose a different control 
date, or may choose a management program that does not make use of such 
a date.
    Fishers are not guaranteed future participation in the fishery, 
regardless of entry date or intensity of participation in this fishery 
before or after the control date. The Council and NMFS may choose to 
give variably weighted consideration to fishers active in the fishery 
before and after the control date. The Council and NMFS may also choose 
to take no further action to control entry or access to the fishery, in 
which case the control date may be rescinded. Any action by the Council 
or NMFS will be taken pursuant to the requirements for FMP development 
established under the Magnuson-Stevens Act.
    This notice also advises the public that, if in the future the 
Councils or NMFS undertake a controlled entry or limited entry program, 
evidence of prior participation in the hagfish fishery in Federal 
waters may be required as a means of demonstrating eligibility.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 21, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-21984 Filed 8-27-02; 8:45 am]
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