[Federal Register Volume 75, Number 91 (Wednesday, May 12, 2010)]
[Proposed Rules]
[Pages 26703-26705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11339]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 697
[Docket No. 0912011421-0200-01]
RIN 0648-AY41
Atlantic Coastal Fisheries Cooperative Management Act Provisions;
Weakfish Fishery
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 to decrease the incidental catch allowance for
weakfish caught in the Exclusive Economic Zone (EEZ), from 150 lb (68
kg) to no more than 100 lb (45 kg) per day or trip, whichever is longer
in duration. The intent of this proposed rule is to modify regulations
for the Atlantic coast stock of weakfish to be more compatible with
Addendum IV to Amendment 4 of the Atlantic States Marine Fisheries
Commission's (Commission) Interstate Fishery Management Plan (ISFMP)
for weakfish. Such action is authorized in the Atlantic
[[Page 26704]]
Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act).
DATES: Written comments must be received on or before June 11, 2010.
ADDRESSES: You may submit comments, identified by RIN 0648-AY41, by any
one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov.
Mail: Office of Sustainable Fisheries, National Marine
Fisheries Service, 1315 East West Highway, Suite 13317, Silver Spring,
MD 20910, Attn: State-Federal Team. Mark the outside of the envelope:
``Comments on Weakfish Addendum IV.''
Fax: (301) 713-0596, Attn: State-Federal Team.
Instructions: No comments will be posted for public viewing until
after the comment period has closed. All comments received are a part
of the public record and will generally be posted to http://regulations.gov without change. All Personal Identifying Information
(for example, name, address, etc.) voluntarily submitted by the
commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Brian Hooker, (301) 713 2334.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to its authority under section 5103 of the Atlantic
Coastal Act, 16 U.S.C. 5101-5108, NMFS proposes to modify the current
weakfish conservation measures in the EEZ. The Atlantic Coastal Act
provides that, in the absence of an approved and implemented Fishery
Management Plan under the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.) and,
after consultation with the appropriate Fishery Management Council(s),
the Secretary of Commerce (Secretary) may implement regulations to
govern fishing in the EEZ (i.e., from 3 to 200 nm offshore). These
regulations must be (1) compatible with the effective implementation of
an ISFMP developed by the Commission, and (2) consistent with the
national standards set forth in section 301 of the Magnuson-Stevens
Act.
On November 3, 2009, the Commission adopted Addendum IV to
Amendment 4 to the ISFMP for Weakfish (Addendum IV), in response to the
stock status of weakfish. A recent peer-reviewed assessment found the
weakfish stock to be depleted, with spawning stock biomass estimated to
be three percent of an unfished stock, well below the 20-percent
threshold and 30-percent target reference points approved by the
Commission's Weakfish Management Board as part of Addendum IV. The
decline in biomass reflects a sustained rise in natural mortality after
1995, rather than fishing mortality, which has been modest and stable
over the same time period. In response to these findings, the
Commission's Weakfish Management Board approved management measures to
reduce exploitation of weakfish by more than 50-percent in both the
recreational and commercial sectors. Addendum IV requires states to
implement a one-fish recreational creel limit, 100 lb (45 kg)
commercial trip limit, and 100 lb (45 kg) commercial bycatch limit
during closed seasons. Addendum IV maintains the current 12-inch (30.5
cm) minimum size for weakfish, but lowers the exception to this
management measure, the undersized fish limit, from 300 to 100
undersized fish per commercial trip. The sale of undersized fish
continues to be prohibited. In implementing Amendment 4 to the weakfish
plan, NMFS never adopted the 300 undersized fish exception to the 12-
inch (30.5 cm) minimum fish size in Federal waters. NMFS continues the
policy of no exemptions to the minimum size limit in the weakfish
fishery here by not proposing a 100 undersized fish exception to the
current minimum size limit in Federal waters. The Commission
recommended in Addendum IV that NMFS promulgate all necessary
regulations to implement complementary measures to those approved in
the addendum.
Status of the Weakfish Fishery
An assessment of the weakfish stock was completed in 2009 by the
Weakfish Stock Assessment Subcommittee and peer reviewed by the 48th
Stock Assessment Review Committee at the 48th Northeast Regional Stock
Assessment Workshop (SAW). The assessment includes fishery data and
survey indices through 2007. The results of the assessment indicate
that weakfish abundance has declined markedly since 1995, total
mortality is high, non-fishing mortality has increased, and the stock
is currently in a depleted state. The weakfish stock is at an all-time
low of 10.8 million lb (4,899 mt), far below the biomass threshold of
22.4 million pounds (10,179 mt). At this stock size, recent fishery
removals (landings and dead discards combined) represent a significant
proportion of the remaining biomass. While the decline in the stock
primarily results from a change in the natural mortality of weakfish in
recent years, it is further exacerbated by continued removals by the
commercial and recreational fisheries. Natural mortality has risen
substantially since 1995, with factors such as predation, competition,
and changes in the environment having a stronger influence on recent
weakfish stock dynamics than fishing mortality. Given current high
natural mortality levels, stock projections indicate that the stock is
unlikely to recover rapidly, even under a harvest moratorium.
Proposed Action
At present, Federal regulations do not differentiate between
recreational and commercial weakfish fishing; current Federal
regulations simply prohibit possession of more than 150 pounds of
weakfish in any one day or trip regardless of fishing sector. The
implementation of Commission Addendum IV would change that. There would
be no changes or exceptions to the current 12-inch minimum size limit.
Commercial Fishery
Commission Addendum IV would lower the weakfish possession limit
from 150 pounds to 100 pounds (45 kg). The proposed compatible Federal
rule would allow commercial fisheries to possess no more than 100 lb
(45 kg) of weakfish during any one day or trip, whichever is longer in
duration. This change would be a decrease of 50 lb (23 kg) per day or
trip from the current Federal regulation of 150 lb (68 kg). This
possession limit would be year-round, regardless of state-established
fishing seasons. According the Commission's Weakfish Technical
Committee, this reduction could realize a 60-percent coastwide
reduction in weakfish landings. All other weakfish prohibitions found
in 50 CFR 697.7, including the 12-inch minimum fish size, and the
weakfish flynet closure off the North Carolina coast, would remain in
effect. It should be noted that the current Federal 12-inch (30.5-cm)
minimum fish size is more restrictive than that required under Addendum
IV, as the Federal regulation does not allow for any fish to be
retained below the size limit.
[[Page 26705]]
Recreational Fishery
Under the Commission's Addendum IV, and proposed herein, the
recreational fishing possession (bag/creel) limit would be reduced to
one fish per person per day. Analysis by the Commission in the public
information document for Addendum IV indicated that a coastwide
possession limit of one fish per person with a 12-inch minimum size
could realize a 54-percent harvest reduction. The one fish coastwide
creel limit at current minimum sizes will also discourage directed
fishing for weakfish, and allow for a small harvest of weakfish while
fishing for other species.
These proposed commercial and recreational fishery management
measures support the Commission's ISFMP by being compatible with the
effective implementation of the Commission's Weakfish ISFMP. They are
also consistent with the national standards set forth in section 301 of
the Magnuson-Stevens Act, and would continue regulatory uniformity in
state and Federal waters. This action would also be beneficial insofar
as incongruous regulations can confuse stakeholders and complicate
management.
Classification
This proposed rule is published under the authority of the Atlantic
Coastal Act. Paragraphs (A) and (B) of section 804(b)(1) of the
Atlantic Coastal Act, 16 U.S.C. 5103(a)-(b), authorize the Secretary to
implement regulations in the EEZ in the absence of a Magnuson-Stevens
Act fishery management plan. Such regulations must be necessary to
support a Commission's ISFMP, and consistent with the national
standards set forth in section 301 of the Magnuson-Stevens Act.
The Assistant Administrator for Fisheries has determined that this
proposed action is compatible with the effective implementation of the
Commission's ISFMP for weakfish and consistent with the national
standards of the Magnuson-Stevens Act, subject to further consideration
after public comment. The Secretary, before making the final
determination, will take into account data, views, and comments
received during the comment period.
The Chief Counsel for 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 proposed rule would be implemented in concert with complimentary
regulations in the adjacent Atlantic coastal states. All entities
affected by this rule are considered small entities by the SBA
standard. Weakfish commercial fishing is regulated on a state-by-state
basis through the Commission. Weakfish, which are caught predominantly
in state waters, are caught incidentally to fisheries targeting other
species of fish. The reduction in the possession limit should encourage
fishers to avoid areas where weakfish bycatch might be a problem and/or
return caught fish to the water as soon as practicable.
Based on the total number of Federal permits in the affected states
(there is not a Federal weakfish permit), an estimated total of 1,092
small entities could be impacted by this rule. The total 2008 value of
the commercial weakfish fishery in Federal waters was approximately
$178,000. It is estimated that the 100 lb possession limit will reduce
coastwide (state and Federal) landings by 60-percent. However, Federal
data indicates that federally-permitted vessels are catching an average
of less than 100 lb per trip, and would thus not realize any loss as a
result of the proposed rule. Using the best data available, the
estimate of impacts per entity as a result of this proposed rule is
approximately $0.00 - $54.00 per year. Because weakfish are caught in
multispecies trawl fisheries occurring among several states, gross
revenue per trip accounting for all species could not be calculated,
but NMFS is certain that the zero to de minimis loss in weakfish
revenue does not represent a significant economic impact to any vessels
comprising the universe of small vessels that may be affected.
Accordingly, an initial regulatory flexibility analysis is not required
and none has been prepared.
Reporting and Recordkeeping Requirements
This proposed rule would not impose any new reporting,
recordkeeping, or other compliance requirements.
There are no Federal rules which may duplicate, overlap, or
conflict with the proposed action. This action is considered to be
``not significant'' under Executive Order 12866.
List of Subjects in 50 CFR Part 697
Fisheries, Fishing.
Dated: May 6, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 697 is
proposed to be amended as follows:
PART 697 ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT
1. The authority citation for 50 CFR part 697 continues to read as
follows:
Authority: 16 U.S.C. 5101 et seq.
2. In Sec. 697.7, paragraphs (a)(1), (a)(2), and (a)(4) are
revised to read as follows:
Sec. 697.7 Prohibitions.
(a) * * *
(1) Fish for, harvest, possess, or retain any weakfish less than 12
inches (30.5 cm) in total length (measured as a straight line along the
bottom of the fish from the tip of the lower jaw with the mouth closed
to the end of the lower tip of the tail) in or from the EEZ.
(2) It is unlawful to possess more than 1 weakfish per person,
during any one day or trip, whichever is longer, when engaged in
recreational fishing in the EEZ.
* * * * *
(4) It is unlawful to possess more than 100 lb (45 kg) of weakfish
during any one day or trip, whichever is longer, when engaged in
commercial fishing in the EEZ.
* * * * *
[FR Doc. 2010-11339 Filed 5-11-10; 8:45 am]
BILLING CODE 3510-22-S