[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Proposed Rules]
[Pages 33721-33722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9125]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060515131-6131-01; I.D. 050806B]
RIN 0648-AU49


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Amendment 14; Small-mesh Multispecies Limited 
Access Program and Control Date

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

ACTION: Advance notice of proposed rulemaking (ANPR); reaffirmation of 
a control date for the small-mesh multispecies fishery; request for 
comments.

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SUMMARY: NMFS announces consideration of proposed rulemaking to control 
future access to the New England small-mesh multispecies (whiting) 
fishery. The New England Fishery Management Council (Council) has 
indicated that limited access may be necessary to control participation 
in the fishery at a level that reduces the risk of overcapitalization 
and constrains fishing to a level that minimizes the risks of 
overfishing or creating an overfished stock, as defined by the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and the Northeast (NE) Multispecies Fishery Management 
Plan (FMP).
    This announcement alerts interested parties of potential limitation 
on future access, commonly referred to as limited access, to discourage 
speculative entry into the fishery while the Council considers how 
access to the fishery should be controlled during the upcoming 
development of Amendment 14 to the FMP. By this notification, NMFS 
reaffirms, on behalf of the Council, that March 25, 2003, may be used 
as a ``control date'' to establish eligibility criteria for determining 
levels of future access to the fishery.

DATES: Written comments must be received by 5 p.m., local time, July 
12, 2006.

ADDRESSES: Written comments should be sent to Paul J. Howard, Executive 
Director, New England Fishery Management Council, 50 Water Street, Mill 
2, Newburyport, MA, 01950. Mark the outside of the envelope, ``Comments 
on Small-mesh Multispecies Reaffirmation of Control Date.'' Comments 
also may be sent via facsimile (fax) to: (978) 465-3116. Comments may 
be submitted by e-mail as well. The mailbox address for providing e-
mail comments is [email protected]. Include in the subject 
line of the e-mail comment the following document identifier: 
``Comments-SmallMeshControlDate.'' Comments may also be submitted 
electronically through the Federal e-Rulemaking portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Michael Ruccio, Fishery Policy 
Analyst, 978-281-9104; fax 978-281-9135.

SUPPLEMENTARY INFORMATION: The New England small-mesh multispecies 
complex is composed of three species: Silver hake (whiting), Merluccius 
bilinearis; red hake (ling), Urophycis chuss; and offshore hake, 
Merluccius albidus. The fishery is currently an open access fishery, 
meaning anyone may apply for and receive a permit to commercially fish 
for small-mesh multispecies.
    In the most recent Stock Assessment and Fishery Evaluation (SAFE) 
report published in 2003, the members of the Council's Whiting 
Monitoring Committee (WMC) indicated concerns about declining survey 
mean weights for both red and offshore hake in portions of their stock 
areas. The 2005 stock assessment summary for silver hake indicated 
continued declines in the overall northern stock biomass index from 
historic levels and the showed the southern stock biomass index to be 
above the management threshold but below the target level. The WMC has 
also expressed concern for the potential of a rapid expansion of the 
small-mesh fishery by new entrants displaced by declining stocks and 
tightening regulations in other fisheries. For these reasons, the 
Council may develop a limited access management program as part of 
Amendment 14 to the FMP to limit participation and afford additional 
input control protections to the small-mesh stocks.
    The Council initially considered limiting entry into the small-mesh 
multispecies fishery by establishing September 9, 1996 (61 FR 47473), 
as the control date for determining eligibility criteria. The Council 
used this control date to propose a limited access program as part of 
Amendment 12 to the FMP. However, the limited access program was not 
approved in the final Amendment 12 rule (65 FR 16766, March 29, 2000) 
because it was determined to be inconsistent with certain provisions of 
the Magnuson-Stevens Act.
    By 2003, the Council recognized that fishing practices had 
substantially changed in the small-mesh fishery. Many changes to the 
fishery resulted from actions contained in Amendment 5 and Framework 35 
to the FMP. These actions restricted the use of small-mesh in some 
areas and created new small-mesh exemption areas in others that changed 
fishing dynamics. The Council acknowledged that these changes in the 
characteristics of the small-mesh fishery had made the 1996 control 
date an unreliable indicator of historic participation. As a result, 
NMFS published a second control date for determining limited entry 
criteria at the request of the Council on March 25, 2003 (68 FR 14388). 
The Council implemented this second control date citing the previously 
mentioned changes to fishing practices and locations and to address the 
potential overcapitalization concerns expressed by the WMC. The intent 
of both control dates was to discourage speculative entry into the 
fishery while potential management regimes to control access into the 
fishery were discussed and possibly developed by the Council.
    The Council is now beginning to develop Amendment 14 to the FMP, 
which will pertain to the small-mesh multispecies fishery. This 
amendment is in the very early stages of development. At their April 4, 
2006, meeting in Mystic, CT, the Council voted to request that NMFS 
publish an ANPR to reaffirm the most recent control date for this 
fishery (March, 25, 2003) and to notify the public of the potential 
development of a limited access program in Amendment 14. Other measures 
may be considered in the amendment development process; this 
announcement is for informational purposes only and does not commit the 
Council to this or any other specific actions. The Council has 
indicated that distribution of the final scoping document with public 
hearing dates will occur within the next few weeks. NMFS anticipates 
publishing the meeting notice for scoping public hearings in the 
Federal Register before the end of May 2006.
    In order to be approved and implemented, any measures proposed

[[Page 33722]]

by the Council in Amendment 14 must be found consistent with the 
requirements of the Magnuson-Stevens Act and other applicable law. The 
public will have the opportunity to comment on the measures and 
alternatives being considered by the Council through public meetings 
and public comment periods required by the National Environmental 
Policy Act and the Magnuson-Stevens Act, and as provided by the 
Administrative Procedure Act.
    This reaffirmation of the March 25, 2003, control date is intended 
to strongly discourage speculative entry into the fishery while limited 
access measures are developed and considered by the Council. Fishermen 
who have not participated in the small-mesh multispecies fishery or who 
change their level of participation in this fishery are notified that 
entering this fishery or changing their level of participation after 
March 25, 2003, may not qualify them as previous participants, should 
such a criterion be the basis for future access to the small-mesh 
multispecies resources. Fishermen are not guaranteed future 
participation in the fishery, regardless of their entry dates 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 fishermen active in the fishery before and after the 
control date. Any action by the Council or NMFS will be taken pursuant 
to the requirements for FMP development established under the Magnuson-
Stevens Act.
    This notification also gives the public notice that interested 
participants should locate and preserve records that substantiate and 
verify their participation in the small-mesh multispecies fishery in 
Federal waters.

Classification

    This ANPR has been determined to be not significant for purposes of 
Executive Order 12866.

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

    Dated: June 6, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. E6-9125 Filed 6-9-06; 8:45 am]
BILLING CODE 3510-22-S