Northeast Multispecies Fishery; Possession Limit for Haddock

DEPARTMENT OF COMMERCE

50 CFR Part 651

[Docket No. 9403-80480; I.D. 020194A]

Northeast Multispecies Fishery; Possession Limit for Haddock

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule.

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SUMMARY: NMFS proposes regulations to implement proposed Amendment 6 to

the Fishery Management Plan for the Northeast Multispecies Fishery

(FMP). These regulations would impose 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), prohibit scallop dredge vessels from possessing or

landing haddock from January through June; and extend 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.

DATES: Comments are invited through May 14, 1994.

ADDRESSES: Copies of proposed Amendment 6/Environmental Assessment

(EA)/Regulatory Impact Review (RIR) supporting this action may be

obtained from Richard B. Roe, Regional Director, National Marine

Fisheries Service, One Blackburn Drive, Gloucester, MA 01930.

FOR FURTHER INFORMATION CONTACT: Susan Murphy (Fishery Policy Analyst,

Northeast Region, NMFS), 508-281-9252.

SUPPLEMENTARY INFORMATION: The primary species in the Northeast

multispecies (groundfish) fishery have declined to record or near-

record low levels of stock abundance. To correct this, the New England

Fishery Management Council (Council) developed Amendment 5 to the FMP,

which was approved by NMFS on January 3, 1994, except for two measures

(a 5,000-lb (2,268-kg) haddock possession limit and a winter flounder

exemption) that were disapproved on September 30, 1993. A final rule to

implement approved measures of Amendment 5 was published on March 1,

1994 (59 FR 9872).

Because of the very low abundance of spawning stock biomass for

Georges Bank and Gulf of Maine stocks of haddock, and the occurrence of

seasonal spawning congregations of haddock in the area known as Closed

Area II on Georges Bank, an emergency rule was implemented to protect

haddock, beginning January 3, 1994, through April 2, 1994 (59 FR 26,

January 3, 1994), and recently extended through June 30, 1994 (59 FR

15656, April 4, 1994). The original emergency rule: (1) Imposed a 500-

lb (226.8-kg) possession limit for haddock for all vessels permitted

under the fishery, except sea scallop dredge vessels, which are

prohibited from possessing or landing haddock; (2) closed Closed Area

II to all vessels, except lobster pot vessels and scallop dredge

vessels, from January through May; (3) expanded the size of Closed Area

II by 20 minutes longitude to the west and 15 minutes latitude to the

south (along its existing western and southern boundaries, intersecting

with the Regulated Mesh Boundary line); (4) suspended the February

through May closure of Closed Area I to all vessels except those using

sink gillnet gear; (5) prohibited the transfer of fish at sea; and (6)

banned pair trawling in the multispecies fishery.

The final rule implementing Amendment 5, implemented indefinitely:

(1) The expansion of the size of Closed Area II; (2) the closure of

Area II from February through May in 1994 and 1995, and January through

June, in 1996 and thereafter; (3) the suspension of the closure of

Closed Area I to all vessels, except vessels using sink gillnet gear;

(4) the prohibition on transfer of fish at sea; and (5) the ban on pair

trawling. Therefore, proposed Amendment 6 and the current extension to

the emergency rule do not contain these measures.

NMFS proposed Amendment 6 under authority of section 304(c)(1)(B)

of the Magnuson Fishery Conservation and Management Act (Magnuson Act),

which authorizes NMFS to prepare and propose an amendment to an FMP

(commonly referred to as a Secretarial amendment), if an amendment

submitted by the Council (here, Amendment 5) has been partially

disapproved and a revised amendment is not submitted by the Council. A

notice of availability for Amendment 6 was published on February 7,

1994 (59 FR 5563), which invited comments through March 26, 1994.

The Council voted at its February 17 meeting to extend the

emergency rule to protect haddock through June 30, 1994. As a result,

the emergency rule has recently been extended through June 30 by

publication in the Federal Register. The extension of the emergency

rule maintained the 500-lb (226.8-kg) possession limit for haddock, and

extended the time period for the closure of Closed Area II through

June, rather than through May as contained in Amendment 5.

Also at the February meeting, the Council voted to begin the

resubmission process for the disapproved 5,000-lb (2,268-kg) haddock

possession limit with a 750-lb (340-kg) possession limit.

The Council resubmitted a 750-pound (340-kg) haddock possession

limit on March 31, 1994. The resubmitted amendment has not yet been

accepted for Secretarial review, and its approvability will be

determined after public comments are received on the resubmitted

amendment and its proposed rule. Also, due to the depleted condition of

the haddock stocks, NMFS has determined that it would be inappropriate

to allow the 500-lb (226.8-kg) haddock possession limit to lapse beyond

the ending effective date of the emergency rule (June 30, 1994).

Therefore, NMFS has determined that it is appropriate to propose

Amendment 6 and publish proposed implementing regulations. However, if

the Council's resubmitted haddock possession limit is approved and

implemented by June 30, 1994, Amendment 6 to the FMP will be withdrawn.

Background

Of particular concern are the haddock stocks on both Georges Bank

and in the Gulf of Maine, which are at all-time low levels of

abundance. Haddock landings in 1993 were the lowest in recorded

history. The stock condition and landings will continue to decline

until such time as meaningful measures are implemented to eliminate the

overfished condition of the stocks and reduce the exploitation rate to

levels that will allow significant rebuilding to take place.

The 1993 spawning stock level for the Georges Bank stock is

estimated to be 10,000 metric tons (mt), which is significantly lower

than the 130,000 mt required to provide a maximum sustainable yield of

47,000 mt. The most recent assessment of the Georges Bank haddock

stock, conducted by the NMFS Stock Assessment Workshop, determined that

the fishing mortality rate in 1991 was 0.52. More recent information

from a Canadian assessment indicates that the 1992 fishing mortality

rate was 0.6 and was probably higher in 1993.

The overfishing definition for the Georges Bank haddock stock is 30

percent of maximum spawning potential, which corresponds to a fishing

mortality rate of 0.4. If this fishing mortality rate were achieved,

the stock would be maintained at its present low level, but rebuilding

would not take place. Rebuilding will only occur when the fishing

mortality rate is reduced well below the 0.4 fishing mortality level.

Given the depleted condition of the stock, reducing fishing mortality

as far below 0.4 as practicable would be the most appropriate risk-

averse management approach to promote stock rebuilding.

The Regional Director presented a new analysis of the condition of

the stocks to the Council at its November 23 Multispecies Oversight

Committee meeting and at its December 8-9 Council meeting and, in

response, the Council proposed to implement by emergency rule: A

closure of the expanded Closed Area II (beginning January 1, 1994); a

prohibition on pair trawling; a haddock possession limit between 500

lbs (226.8 kg) and 1,000 lbs (453.6 kg), at the discretion of the

Regional Director, and a request that the Regional Director consider

whether scallop dredges should be prohibited from the haddock spawning

area during the closure of Area II.

NMFS concurred with the Council's recommendation and the Regional

Director's determination that the haddock possession limit should be

500 lbs (226.8 kg) for the emergency rule. NMFS has initially

determined that the same possession limit for haddock contained in the

emergency rule is appropriate year-round, and Closed Area II should be

closed beginning January each year, through June.

A 500-lb (226.8-kg) haddock possession limit is expected to reduce

fishing mortality below 0.4 and foster stock recovery. Although some

haddock taken as bycatch will be discarded under the 500-lb (226.8-kg)

limit, the 500-lb (226.8-kg) limit is sufficiently low to discourage

targeting and high-grading on haddock. The 500-lb (226.8-kg) limit

should provide considerable conservation benefits and is expected to

pose little biological impact while mitigating adverse effects on the

fishing fleets.

Finally, a trip limit is expected to make enforcement of these

haddock measures problematic. Compliance with the measures will also be

closely monitored and, should enforceability become compromised,

appropriate action could be taken by the Regional Director. Amendment 5

prohibits transfer of fish at sea, unless authorized by the Regional

Director, requires regulated species to be stored separately from other

fish, and requires all vessels to carry a standardized tote. Proposed

Amendment 6 would require that haddock be stored separately from the

rest of the catch, so the amount of haddock on board can be measured at

sea.

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.

In addition to the longer closure period for Closed Area II, NMFS

has initially 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 the question of whether scallop

dredges should be prohibited from the area during the closure, instead

of a prohibition on landings, the information provided by the Northeast

Fisheries Science Center of NMFS does not support precluding scallopers

from the closed area. Therefore, the lesser action is proposed to

reduce the impact on scallopers, yet provide some protection to

spawning haddock.

Classification

The General Counsel of the Department of Commerce has certified to

the Small Business Administration that this action will not have a

significant economic impact on a substantial number of small entities.

Fishing vessels that would be subject to this rule rarely take more

than 500 lbs (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 pounds. The allowable

bycatch of 500 lbs (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.

For the purposes of Executive Order 12866, this proposed rule has

been determined to be ``not significant.''

List of Subjects in 50 CFR Part 651

Fishing, Fisheries, Vessel permits and fees.

Dated: April 11, 1994.

Charles Karnella,

Acting Program Management Officer, National Marine Fisheries Service.

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

proposed to be 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, is amended by adding paragraphs (a)(11) and (12)

and (e)(33) and (34) to read as follows:

Sec. 651.9 Prohibitions.

(a) * * *

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

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

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

kg) of haddock, 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 lbs (226.8

kg) of haddock 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 is amended by revising paragraph (b)(3)(i) to

read as follows:

Sec. 651.21 Closed areas.

* * * * *

(b) * * *

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

may fish or be in Closed Area II during the period of January through

June, except as specified in paragraph (b)(4) of this section.

* * * * *

4. Section 651.27 is amended by adding paragraph (b) 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, or possess on board a vessel, haddock, from

January 1 through June 30.

(ii) No person operating a scallop dredge vessel may possess

haddock in, or harvested from, the EEZ, from January 1 through June 30.

(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 lbs (226.8 kg) of haddock.

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

(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 lbs (226.8 kg) or

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

standard totes.

[FR Doc. 94-9094 Filed 4-14-94; 8:45 am]

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