Northeast Multispecies Fishery

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 651

[Docket No. 940380-4164; I.D. 020194A]

RIN 0648-AG18

Northeast Multispecies Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS announces the approval of Amendment 6 to the Fishery

Management Plan for the Northeast Multispecies Fishery (FMP) and issues

final regulations to implement it. This rule continues on a permanent

basis three measures originally imposed by a temporary emergency rule:

A 500-lb (226.8-kg) possession limit for haddock year-round for all

vessels permitted under the FMP and for all vessels in possession of

haddock from or in the Exclusive Economic Zone (EEZ); a prohibition on

scallop dredge vessels from possessing or landing haddock from January

through June; and an extension of the time period of the closure of

Closed Area II to 6 months (from January through June), rather than 4

months (February through May), in 1995. The intended effect of this

rule is to protect depleted haddock stocks.

EFFECTIVE DATE: June 30, 1994.

ADDRESSES: Copies of the Environmental Assessment (EA) and Regulatory

Impact Review (RIR) supporting this action may be obtained from Allen

E. Peterson, Jr., Acting Regional Director, National Marine Fisheries

Service, One Blackburn Drive, Gloucester, MA 01930.

FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy

Analyst, 508-281-9252.

SUPPLEMENTARY INFORMATION: Supplementary and background information on

Amendment 6 and the proposed implementing regulations (which were

initiated by NMFS rather than the New England Fishery Management

Council (Council)) was published in the preamble to the proposed rule

to implement Amendment 6 (59 FR 18092, on April 15, 1994), and is not

repeated here. All three of the measures contained in this final rule

are also contained in the emergency rule that is effective through June

30, 1994 (59 FR 15656, April 4, 1994).

The Council voted on February 17 to begin the resubmission process

for the disapproved 5,000-lb (2,268-kg) haddock possession limit in

Amendment 5 to the FMP by submitting a 750-pound (340-kg) possession

limit. The 750-pound (340-kg) limit was recommended by the Council on

the basis of Plan Development Team and Council staff analysis of the

haddock fishery. The 750-pound (340-kg) limit and a proposed

implementing rule were submitted to NMFS on March 31, 1994.

On April 28, 1994, NMFS disapproved the Council's 750-pound (340-

kg) limit because it was determined to be inconsistent with National

Standard 1 of the Magnuson Act, which requires that management measures

prevent overfishing while achieving, on a continuing basis, the optimum

yield from each fishery for the U.S. fishing industry.

This determination was based, in part, on data from the Northeast

Fisheries Science Center (NEFSC) that indicate that current haddock

catches are generally less than 500 pounds (226.8 kg). The Council's

argument that a 750-pound (340-kg) limit would allow vessels to keep

what would be discarded anyway, therefore, was no longer relevant to

this segment of the multispecies fishery. This additional information

which was available to NMFS at the time the resubmission was

disapproved, but not available to the Council at the time of its

analysis, underscores the appropriateness of a 500-pound (226.8-kg)

possession limit in order to ensure maximum protection to this severely

depleted resource. Accordingly, the 500-pound (226.8-kg) possession

limit is included in Amendment 6 and is implemented by this final rule.

NMFS also determined that, because scallop vessels fish in Closed

Area II during the period when haddock are congregated to spawn, all

scallop dredge vessels should be prohibited from landing or possessing

haddock during the closed period to ensure that such vessels do not

target these concentrations of haddock. While the Council requested

that the Regional Director consider whether scallop dredges should be

prohibited from being in the area during the closure, instead of being

prohibited from possessing or landing haddock, the information provided

by the NEFSC of NMFS did not support precluding scallopers from the

closed area. Accordingly the prohibition from possessing or landing

haddock is included in Amendment 6 and is implemented by this final

rule.

In addition, the resubmission package did not propose the extension

of the time closure of Closed Area II. The data acquired by the NEFSC

since the Council's analysis supports an extension of the time closure

in 1995, rather than beginning in 1996, as stipulated in Amendment 5.

The expansion of Closed Area II in time for 1995 will provide

additional protection to the concentrations of haddock that occur in

the area. The closure of Area II beginning in January rather than

February, and ending at the end of June rather than at the end of May,

should ensure that haddock beginning to concentrate in the area are

provided the fullest protection. Accordingly, an extension of the time

period of the closure is included in Amendment 6 and is implemented by

this final rule.

NMFS has approved Amendment 6 and hereby issues final implementing

regulations.

Comments and Responses

Written comments on the proposed rule to Amendment 6 to the FMP

were received by the NMFS from the Center for Marine Conservation (CMC)

and from the Council. The Council had no specific comment on the

proposed rule but went on record at its May 11-12, 1994, meeting and

again in writing on May 13, as supporting Amendment 6. In addition, on

March 8, 1994, prior to the beginning of the comment period for the

proposed rule to implement Amendment 6, the Council submitted comments

on proposed Amendment 6 and its EA/RIR.

Comment: The Council commented that proposed Amendment 6 and its

EA/RIR had several deficiencies in content and format including: The

need for a ``Purpose and need'' section, a clear statement of

objectives of the Amendment, a description of the consistency of the

Amendment with the national standards of Magnuson Act, evidence that

the Amendment's possession limit for haddock promotes efficiency in the

utilization of the resource, a section describing the Amendment's

relationship to other applicable law, better evidence that the 500-

pound possession limit is the proper preferred alternative compared to

several incremental amounts higher than 500 pounds, and a convincing

argument justifying preparation of an EA rather than an EIS.

Response: The final EA/RIR of Amendment 6 has been revised to

contain a ``Purpose and Need'' section (page 4), an improved objectives

statement (page 5), consistency of the Amendment with national

standards (page 75), evidence that the 500-pound haddock possession

limit promotes efficiency of the resource, and effects of the preferred

possession limit on the resource (pages 19-27), a discussion of

compliance of the Amendment with other applicable law (pages 72-76), a

comparison of the effects of the preferred alternative versus several

different haddock possession limit amounts (pages 19-37), and a

convincing argument for preparation of an EA rather than an EIS (pages

38, 72, and 73).

Comment: The CMC supported the protective measures contained in

Amendment 6 and suggested the possession limit on haddock be reflected

in three standard totes, consistent with the Council's recommendation

from its May (1994) meeting.

Response: The Council and the NMFS are aware of the need to ensure

that the haddock possession limit is adhered to strictly. The standard

tote, or box, measure is currently under review to determine whether

the number of totes allowed is sufficiently equivalent to 500 lb (226.8

kg).

Changes from the Proposed Rule

In Sec. 651.9(a)(12) and (e)(34), the phrase ``or the equivalent in

totes or boxes'' is added to reflect the language in the amendment and

to clarify the requirement.

Section 651.27(b)(1)(iii) is added to clarify who is subject to the

haddock possession limit and provisions specified in Sec. 651.27(b)(2).

Classification

The General Counsel of the Department of Commerce, when this rule

was proposed, certified to the Small Business Administration that this

action would not have a significant economic impact on a substantial

number of small entities. Fishing vessels that will be subject to this

rule rarely take more than 500-lb (226.8-kg) of haddock per trip

because of the severely depleted status of the stock. Based on the most

recent catch statistics, 68 percent of the fishing trips landing

groundfish landed no haddock, 84 percent involved less than 500 lb

(226.8 kg). The allowable bycatch of 500 pounds (226.8 kg) is expected

to discourage vessels from targeting haddock, promoting rebuilding of

the stock that will result in long term benefits to the groundfish

fleet. The measures in this rule will not result in a reduction of

annual gross revenues of more than 5 percent. Annual compliance costs

are not expected to increase total costs by more than 5 percent and are

not expected to be substantially higher for small, as compared to

large, business entities. The measures will not force more than 2

percent of small business entities to cease business operations. As a

result, an initial regulatory flexibility analysis was not prepared.

This final rule has been determined to be not significant for

purposes of E.O. 12866.

The Assistant Administrator for Fisheries, NOAA, finds that under

section 553(d)(3) of the Administrative Procedure Act, there is good

cause to waive part of the 30-day delay in effectiveness and make this

rule effective on June 30, 1994. This effective date will avoid a one

or two-week hiatus between the effective date of this rule with a 30-

day delay in effective date and the expiration of the emergency rule on

June 30, 1994, that imposes the three management measures contained in

this final rule. This will avoid confusion in the fishery, continue

protection of badly depleted stocks of haddock from further

overfishing; and enhance the likelihood that abundance of those stocks

begin replenishment.

List of Subjects in 50 CFR Part 651

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: June 16, 1994.

Charles Karnella,

Acting Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR part 651 is amended

as follows:

PART 651--NORTHEAST MULTISPECIES FISHERY

1. The authority citation for part 651 continues to read as

follows:

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

2. Section 651.9, paragraphs (a)(11), (a)(12), (e)(33), and (e)(34)

are revised to read as follows:

Sec. 651.9 Prohibitions.

(a) * * *

(11) Land haddock from, or possess haddock on board, a sea scallop

dredge vessel during the time specified in Sec. 651.27(b)(1).

(12) Land, or possess on board a vessel, more than 500 lb (226.8

kg) of haddock, or the equivalent in totes or boxes, as specified in

Sec. 651.27(b)(2), or violate any of the other provisions specified in

Sec. 651.27(b)(2).

* * * * *

(e) * * *

(33) Land haddock from, or possess haddock on board, a sea scallop

dredge vessel as specified in Sec. 651.27(b)(1).

(34) Land, or possess on board a vessel, more than 500 lb (226.8

kg) of haddock, or the equivalent in totes or boxes, as specified in

Sec. 651.27(b)(2), or violate any of the other provisions specified in

Sec. 651.27(b)(2).

* * * * *

3. Section 651.21, paragraph (b)(3) is revised to read as follows:

Sec. 651.21 Closed areas.

* * * * *

(b) * * *

(3) Duration. No fishing vessel or person on a fishing vessel may

fish or be in Closed Area II from January through June, except as

specified in paragraph (b)(4) of this section.

* * * * *

4. Section 651.27, paragraph (b) is revised to read as follows:

Sec. 651.27 Possession limits.

* * * * *

(b) Haddock possession limits.--(1) Scallop dredge vessels.

(i) No person owning or operating a scallop dredge vessel issued a

permit under this part may land haddock from, or possess haddock on

board, a scallop dredge vessel, from January 1 through June 30.

(ii) No person owning or operating a scallop dredge vessel may

possess haddock in, or harvested from, the EEZ, from January 1 through

June 30.

(iii) From July 1 through December 31, scallop dredge vessels and

persons owning or operating scallop dredge vessels, are subject to the

haddock possession limitations and provisions specified in

Sec. 651.27(b)(2).

(2) Other vessels. (i) No person owning or operating a vessel

issued a permit under this part may land, or possess on board a vessel,

more than 500 lb (226.8 kg) of haddock.

(ii) No person may land or possess on board a vessel more than 500

lb (226.8 kg) of haddock in, or harvested from, the EEZ.

(iii) Vessels subject to the haddock possession limit shall have on

board the vessel at least one standard box or one standard tote.

(iv) The haddock stored on board the vessel shall be retained

separately from the rest of the catch and shall be readily available

for inspection and for measurement by placement of the haddock in a

standard box or standard tote if requested by an authorized officer.

(v) The haddock possession limit is equal to 500 lb (226.8 kg) or

its equivalent as measured by the volume of four standard boxes or five

standard totes.

[FR Doc. 94-15160 Filed 6-17-94; 2:00 pm]

BILLING CODE 3510-22-W