Fisheries of the Northeastern United States; Amendment 1 to the Atlantic Salmon Fishery Management Plan

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 990119022-9022-01; I.D. 111998B]

RIN 0648-AM13

Fisheries of the Northeastern United States; Amendment 1 to the

Atlantic Salmon Fishery Management Plan

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 1 to the

Atlantic Salmon Fishery Management Plan (FMP). Specifically, this

proposed rule would establish a framework process to add or adjust

Atlantic salmon aquaculture management measures, if necessary, to meet

the goals and objectives of the Atlantic Salmon FMP. Amendment 1 to the

FMP also proposes to add an Atlantic salmon overfishing definition.

DATES: Comments must be received on or before March 22, 1999.

ADDRESSES: Comments on this proposed rule should be sent to Jon C.

Rittgers, Acting Regional Administrator, 1 Blackburn Drive, Gloucester,

MA 01930. Mark the outside of the envelope, ``Comments on Proposed Rule

for Amendment 1 to the Atlantic Salmon FMP.''

Copies of the Amendment, its regulatory impact review (RIR),

environmental assessment (EA), and supporting documents are available

from Paul J. Howard, Executive Director, New England Fishery Management

Council, 5 Broadway, Saugus, MA 01906-1036.

FOR FURTHER INFORMATION CONTACT: Bonnie L. Van Pelt, Fishery Management

Specialist, 978-281-9244.

SUPPLEMENTARY INFORMATION: The Sustainable Fisheries Act of 1996 (SFA)

requires the Regional Fishery Management Councils to identify and

describe essential fish habitat (EFH) for the species managed. NMFS

issued a notice of availability that invited public comments on

Amendment 11 to the Northeast Multispecies FMP, Amendment 9 to the

Atlantic Sea Scallop FMP, and Amendment 1 to the Atlantic Salmon FMP in

the Federal Register on December 1, 1998 (63 FR 66110), with a comment

period ending date for these amendments of February 1, 1999. These

amendments are part of a larger document (omnibus amendment) submitted

by the New England Fishery Management Council (NEFMC) for Secretarial

review that includes Amendment 1 to the Monkfish FMP prepared jointly

by NEFMC and the Mid-Atlantic Fishery Management Council (MAFMC).

Because the MAFMC had not yet adopted Monkfish Amendment 1 at the time

of the NEFMC's submission of the omnibus amendment to NMFS, the notice

of availability published on December 1, 1998 did not invite public

comments on Amendment 1 to the Monkfish FMP. Also, the omnibus

amendment also includes the EFH components of the Atlantic Herring FMP

that is being developed by the NEFMC. The EFH information for Atlantic

Herring will be incorporated by reference into the Atlantic Herring FMP

when that FMP is submitted for Secretarial approval; therefore, public

comments were not invited on the EFH components for Atlantic herring in

the aforementioned notice of availability published on December 1,

1998. On December 7, 1998, NMFS issued an amendment to the notice of

availability (NOA) published on December 1, 1998, in the Federal

Register (63 FR 67450), notifying the public that in addition to EFH

components, Amendment 1 to the Atlantic Salmon FMP also contains a

discussion of an overfishing definition and an aquaculture framework

adjustment process for Atlantic salmon. The comment period ending date

for those components for Amendment 1 to the Atlantic Salmon FMP is also

February 1, 1999. Finally, NMFS issued another amendment to the notice

of availability published on December 1, 1998, advising the public that

a proposed rule would be published in the Federal Register soon,

inviting public comments on the proposed framework adjustment process

for possible aquaculture operations for Atlantic salmon. The only

proposed implementing regulations contained in this omnibus amendment

are those related to the Atlantic Salmon FMP.

Proposed Management Measures

Amendment 1 to the Atlantic Salmon FMP proposes to add a definition

for Atlantic salmon overfishing and to add a mechanism to allow

Atlantic salmon aquaculture management measures to be added or adjusted

through a framework adjustment process.

Although salmon is overfished, no additional management measures

are proposed by this amendment. Management measures currently in place

prohibit harvesting of salmon from Federal waters. As a result, NMFS

sent a letter to the NEFMC informing it that since everything within

the authority of the Magnuson-Stevens Fishery Conservation and

Management Act (Magnuson-Stevens Act) has been done to rebuild this

overfished stock, no further action was required to comply with the

rebuilding provision of the Magnuson-Stevens Act (Section 304(c)).

This amendment includes a definition of overfishing which was

certified with reservation by the Northeast Fisheries Science Center as

follows:

The overfishing definition is based on the assumption that the

number of spawning salmon corresponding to MSY is 54,000 (a proxy

for BMSY), and that fishing mortality on the current

stock of 200 fish should be zero. The stock size is currently well

below \1/2\ Bmsy and Blimit (the biomass [or

number of spawners] from which the stock could be rebuilt to

Bmsy in 10 years). The amendment does not specify a

fishing mortality limit or threshold appropriate for a rebuilt

stock, or the stock size above which the fishing mortality rate

could be greater than zero. However, given the current status of the

stock and protracted rebuilding period, we are unlikely to achieve

these thresholds in the near future.

We will continue to monitor stock conditions for Atlantic salmon

and study life history. We will recommend adjustments if and when

necessary.

In order to allow Atlantic salmon aquaculture projects to be

conducted in the EEZ consistent with the goals and objectives of the

Atlantic Salmon FMP, it may be necessary to add or adjust Atlantic

salmon aquaculture management measures. For the sake of efficiency,

this proposed rule would establish a framework process for adding or

adjusting Atlantic salmon management measures which is consistent with

the processes proposed under Amendment 9 to the Northeast Multispecies

FMP and Amendment 7 for the Atlantic Sea Scallop FMP both of which were

developed by the NEFMC to bring the applicable FMPs into compliance

with the SFA requirements. Amendments 9 and 7, respectively, are

currently under Secretarial review.

This action would allow the Council and NMFS to adjust or add one

or more of the Atlantic salmon aquaculture management measures

identified in Amendment 1, including, but not limited to: minimum fish

sizes, gear restrictions, minimum mesh sizes, possession limits,

tagging requirements, monitoring requirements, reporting requirements,

permit restrictions, area

[[Page 5755]]

closures, and establishment of special management areas or zones.

Classification

At this time, NMFS has not determined that the amendment that this

rule would implement is consistent with the Magnuson-Stevens Act and

with other applicable laws. NMFS, in making that determination, will

take into account the data, views, and comments received during the

comment period.

This proposed rule has been determined to be not significant for

purposes of E.O. 12866.

The Assistant General Counsel for Legislation and Regulation of the

Department of Commerce certified to the Chief Counsel for Advocacy of

the Small Business Administration that this proposed rule, if adopted,

would not have a significant economic impact on a substantial number of

small entities. This rulemaking establishes a framework adjustment

mechanism or process, but has no immediate economic or social impacts.

Future actions taken to initiate Atlantic salmon aquaculture through

this framework process would have their own supporting analyses of

economic and social impacts. As a result, an initial regulatory

flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: February 1, 1999.

Gary C. Matlock,

Acting Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR part 648 is

proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

1. The authority citation for part 648 continues to read as

follows:

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

2. Section 648.41 is added to read as follows:

Sec. 648.41 Framework specifications.

(a) Within season management action. The Council may, at any time,

initiate action to add or adjust Atlantic salmon aquaculture management

measures if it finds that action is necessary to meet or be consistent

with the goals and objectives of the Atlantic Salmon FMP.

(b) Adjustment process. The Council shall develop and analyze

appropriate aquaculture management measures over the span of at least

two Council meetings. The Council shall provide the public with advance

notice of the availability of both the proposals and the analysis and

opportunity to comment on them prior to and at the second Council

meeting. The Council's recommendation on adjustments or additions to

aquaculture management measures, must come from one or more of the

following categories: minimum fish sizes, gear restrictions, minimum

mesh sizes, possession limits, tagging requirements, monitoring

requirements, reporting requirements, permit restrictions, area

closures, establishment of special management areas or zones and any

other management measures currently included in the FMP.

(c) NEFMC recommendation. After developing aquaculture management

actions and receiving public testimony, the NEFMC shall make a

recommendation to the Regional Administrator. The NEFMC's

recommendation must include supporting rationale and, if aquaculture

management measures are recommended, an analysis of impacts and a

recommendation to the Regional Administrator on whether to issue the

aquaculture management measures as a final rule. If the NEFMC

recommends that the aquaculture management measures should be issued as

a final rule, the NEFMC must consider at least the following factors

and provide support and analysis for each factor considered:

(1) Whether the availability of data on which the recommended

aquaculture management measures are based allows for adequate time to

publish a proposed rule, and whether regulations have to be in place

for an entire harvest/fishing season.

(2) Whether there has been adequate notice and opportunity for

participation by the public and members of the affected industry in the

development of the NEFMC's recommended aquaculture management measures.

(3) Whether there is an immediate need to protect the resource.

(4) Whether there will be a continuing evaluation of management

measures adopted following their implementation as a final rule.

(d) Regional Administrator action. If the NEFMC's recommendation

includes adjustments or additions to aquaculture management measures

and, after reviewing the NEFMC's recommendation and supporting

information:

(1) If the Regional Administrator concurs with the NEFMC's

recommended aquaculture management measures and determines that the

recommended management measures should be issued as a final rule based

on the factors specified in paragraph (b)(2) of this section, the

measures will be issued as a final rule in the Federal Register.

(2) If the Regional Administrator concurs with the NEFMC's

recommendation and determines that the recommended aquaculture

management measures should be published first as a proposed rule, the

measures will be published as a proposed rule in the Federal Register.

After additional public comment, if the Regional Administrator concurs

with the NEFMC recommendation, the measures will be issued as a final

rule in the Federal Register.

(3) If the Regional Administrator does not concur, the NEFMC will

be notified in writing of the reasons for the non-concurrence.

(e) Emergency action. Nothing in this section is meant to derogate

from the authority of the Secretary to take emergency action under

section 305(e) of the Magnuson Act.

[FR Doc. 99-2797 Filed 2-4-99; 8:45 am]

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