[Federal Register Volume 68, Number 139 (Monday, July 21, 2003)]
[Proposed Rules]
[Pages 43074-43075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18491]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 697
[Docket No. 030714172-3172-01; I.D. 063003A]
RIN 0648-AR33
Atlantic Striped Bass Conservation Act; Atlantic Striped Bass
Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance Notice of Proposed Rulemaking (ANPR); request for
comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that it is considering potential revisions to
the Federal Atlantic striped bass regulations for the U.S. Exclusive
Economic Zone (EEZ) in response to recommendations from the Atlantic
States Marine Fisheries Commission (Commission) to the Secretary of
Commerce (Secretary). The Commission recommended that the Secretary
remove the moratorium on the harvest of Atlantic striped bass in the
EEZ after a 13-year closure; implement a 28-inch (71.1-cm) minimum size
limit for the recreational and commercial Atlantic striped bass
fisheries in the EEZ; and allow states the ability to adopt more
restrictive rules for fishermen and vessels licensed in their
jurisdiction. NMFS is soliciting comments with this notice regarding
possible management measures and issues that NMFS should consider
relative to these recommendations.
DATES: Written comments must be received at the appropriate address or
facsimile (fax) number (see ADDRESSES) no later than 5 p.m. Eastern
Standard Time on or before August 20, 2003.
ADDRESSES: Written comments must be sent to: Anne Lange, Chief, State-
Federal Fisheries Division, Office of Sustainable Fisheries, NMFS, 1315
East West Highway, Room 13317, Silver Spring, MD 20910. Comments may
also be sent via fax to (301) 713-0596. Comments submitted via e-mail
or Internet will not be accepted.
FOR FURTHER INFORMATION CONTACT: Tom Meyer, Fishery Management
Biologist, (301) 713-2334, fax (301) 713-0596.
SUPPLEMENTARY INFORMATION:
Background
This ANPR is promulgated under the Atlantic Striped Bass
Conservation Act (Act), Public Law 100-589, reproduced at 16 U.S.C.
1851 note. Section 9 of the Act requires the Secretary to promulgate
regulations governing fishing for Atlantic striped bass in the EEZ that
the Secretary determines: (1) are consistent with the national
standards in Section 301 of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1851); (2) are
compatible with the fishery management plan for managing Atlantic
striped bass and each Federal moratorium in effect on fishing for
Atlantic striped bass within the coastal waters of a coastal state; (3)
ensure the effectiveness of State regulations on fishing for Atlantic
striped bass within the coastal waters of a coastal state; and (4) are
sufficient to assure the long-term conservation of Atlantic striped
bass populations. In developing the regulations, the Secretary is to
consult with the Commission, the appropriate Regional Fishery
Management Councils (Councils), and each affected Federal, state and
local government entity.
Atlantic Striped Bass management is based on the Commission's
Atlantic Striped Bass Interstate Fishery Management Plan (ISFMP), first
adopted in 1981. From 1981 - 1994, four ISFMP Amendments were developed
that provided a series of management measures that led to the
rebuilding of the stocks. In 1995, the Commission declared the Atlantic
striped bass population fully restored and implemented Amendment 5 to
the ISFMP to perpetuate the stock so as to allow a commercial and
recreational harvest consistent with the long-term maintenance of the
striped bass stock. Since then the population has expanded to record
levels of abundance. To maintain this recovered population, the
Commission approved Amendment 6 to the ISFMP (Amendment 6) in February
2003 (copies of Amendment 6 are available via the Commission's website
at www.asmfc.org). The Commission believes that the measures contained
in Amendment 6 are necessary to prevent the overfishing of the Atlantic
striped bass resource while allowing growth in both the commercial and
recreational fishery. Development of Amendment 6 took almost four years
and involved extensive input from technical and industry advisors, and
provided numerous opportunities for the public to comment on the future
management of the species.
Amendment 6 incorporates results of the most recent Atlantic
striped bass stock assessment, developed by the Atlantic Coast States,
the Commission, NMFS, and the U.S. Fish and Wildlife Service (see
section 1.2.2 of Amendment 6). In summary, the 2001 stock assessment
concluded that the overall abundance of the stock is very high and
fishing mortality remains below the target rate. The stock's abundance
increased steadily between 1982 and 1997 and since then has remained
stable. The fishing mortality rate increased steadily until 1999, but
decreased slightly in 2000. Amendment 6 also includes recommendations
to the Secretary on the development of complementary measures in the
EEZ. Management of Atlantic striped bass in the EEZ was one of the
issues that was considered throughout development of Amendment 6.
Recommendation to the Secretary
On April 24, 2003, the Secretary received a letter from the
Commission with the following three recommendations for implementation
of regulations in the EEZ: (1) Remove the moratorium on the harvest of
Atlantic striped bass in the EEZ; (2) implement a 28-inch (71.1 cm)
minimum size limit for recreational and commercial Atlantic striped
bass fisheries in the EEZ; and (3) allow states the ability to adopt
more restrictive rules for fishermen and vessels licensed in their
jurisdictions.
In support of its request, the Commission provided a number of
reasons to justify opening the EEZ to striped bass fishing. These
reasons include:
(1) In 1995, due in part to a closure of the EEZ in 1990 to striped
bass harvest, the population of this species was declared fully
restored by the Commission. The purpose of closing the EEZ was to
protect strong year classes entering the population and to promote
rebuilding of the overfished population.
(2) The commercial harvest is controlled by hard quotas; when they
are reached the fishery is closed; and overages are taken out of next
year's quotas. The Commercial quota will be landed regardless of
whether or not the EEZ is opened.
(3) Currently, recreational and commercial catches are occurring in
the EEZ and these fish are required to be discarded. Opening the EEZ
will convert discarded bycatch of striped bass to landings.
(4) Because of management measures implemented since 1990, the
striped
[[Page 43075]]
bass population has recovered to a point where further examination of
whether this fishery should occur in the EEZ is appropriate. There are
expectations among a number of fishing industry stakeholders that their
past sacrifices would result in future opportunities to harvest striped
bass, and therefore, there are potential credibility issues associated
with keeping the EEZ closed, especially in light of the current status
of the Atlantic striped bass stock.
(5) The recommendation to open the EEZ is part of Amendment 6 which
incorporates new management standards to ensure stock conservation
including targets and thresholds for both mortality and spawning stock
biomass. Fishing mortality is currently below the target level, and
spawning stock biomass is 1.5 times the target level.
(6) Amendment 6 includes monitoring requirements and triggers that
will allow the Commission to respond quickly to increased mortality.
(7) The bulk of the public comment (greater than 75 percent)
received in opposition cited expansion of the commercial fishery as
rationale not to open the EEZ. The Commission believes the rationale is
incorrect because the commercial fishery is controlled by a hard quota.
The Commission stated that its Atlantic Striped Bass Technical
Committee would monitor annually the Atlantic striped bass population,
and, if at some point in the future the Commission determines that the
Atlantic striped bass population is overfished or that overfishing is
occurring, it may recommend further management measures for the EEZ.
NMFS is considering proposed rulemaking to revise the Federal
Atlantic striped bass regulations to be compatible with Amendment 6 and
is seeking comments on implementation of the Commission's
recommendations in the EEZ. After review of comments received from this
notice, NMFS will decide whether to initiate a lengthy review and
decision-making process, which would include preparation of either an
Environmental Impact Statement or an Environmental Assessment, and the
development of management measures to revise current Federal
regulations for Atlantic striped bass in the EEZ.
Authority: 16 U.S.C. 1851 note.
Dated: July 15, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 03-18491 Filed 7-18-03; 8:45 am]
BILLING CODE 3510-22-S