[Federal Register Volume 61, Number 175 (Monday, September 9, 1996)]
[Proposed Rules]
[Pages 47473-47474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22953]
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DEPARTMENT OF COMMERCE
50 CFR Part 648
[Docket No. 960830238-6239-3802; I.D. 081496C]
RIN 0648-AJ07
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Control Date
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking; consideration of a
control date.
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SUMMARY: NMFS announces that the New England Fishery Management Council
(Council) is considering limiting future access to anyone not in
possession of a current multispecies limited access multispecies permit
who enters the fisheries for silver hake (Merluccis bilinearis), black-
eye whiting (offshore hake) (Merluccis albibus), ocean pout
(Macrozoarces americanus), and red hake (Urophycis chuss) after
September 9, 1996 (control date). Consideration of a control date is
intended to discourage new entry into the fishery based on economic
speculation during the Council's deliberation on the issue.
DATES: Comments must be submitted by October 7, 1996.
ADDRESSES: Comments should be directed to: Douglas Marshall, Executive
Director, New England Fishery Management Council, 5 Broadway, Saugus,
MA 01906.
FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, NMFS, Fishery Policy
Analyst, 508-281-9252.
SUPPLEMENTARY INFORMATION: The Council manages multispecies under the
Northeast Multispecies Fishery Management Plan (FMP). Amendment 4 to
the FMP, effective June 27, 1991, included fisheries for silver hake,
red hake and ocean pout, but did not include any specific measures to
manage these species. On March 1, 1994, Amendment 5 to the FMP
established a limited access permit program for regulated multispecies
and retained an open-access permit category for the nonregulated
multispecies--whiting, red hake, and ocean pout.
A definition for ``nonregulated species'' pertaining to the
Northeast multispecies fishery was established by a final rule
published on July 31, 1996, at 61 FR 39909. That definition contains
the following species: Whiting, red hake, and ocean pout. The term
``nonregulated species'' in this action refers to whiting, red hake,
ocean pout, and black-eye whiting. Black-eye whiting has historically
not been distinguished from whiting, but the Council has recently
requested information regarding biology and fishery economics from
NMFS, because it may be prudent to monitor and manage the species
separately.
On February 5, 1996, the Council submitted Amendment 7 to the FMP
to NMFS and, after a preliminary evaluation, three measures in the
amendment were disapproved on February 14, 1996, including the
establishment of a limited access category for qualified vessels that
fished in the open access possession limit category under Amendment 5.
Pursuant to section 304(b)(3)(A) of the Magnuson Fishery Conservation
and Management Act (Magnuson Act), the Council resubmitted the measure
that would implement a possession limit permit category by revising it
to allow any vessel of the United States to obtain the permit and fish
for and possess nonregulated multispecies. NMFS approved this
resubmitted measure on July 19, 1996, and implemented it by a final
rule on July 31, 1996 (61 FR 39909). The rule established an open
access permit category named the ``open access nonregulated
multispecies permit.''
The Council currently manages fisheries for silver hake, ocean
pout, and red hake under the FMP, and it is gathering information
necessary to consider the inclusion of black-eye whiting in the FMP in
a plan amendment now under development. One of the impacts of the
regulated species effort reduction program under Amendments 5 and 7 is
that vessels are seeking alternative fisheries, including nonregulated
multispecies fisheries. As markets develop, additional participants may
enter these fisheries with potentially negative impacts on the health
of the resource. Of the nonregulated multispecies, NMFS scientists have
indicated one of the two stocks of silver hake is probably
overexploited and the other is fully exploited, ocean pout is fully
exploited, and red hake is underexploited.
Future access to these resources (the nonregulated species) in the
exclusive economic zone will not be assured beyond the control date if
a management regime that limits the number of participants in the
fishery is developed and implemented under the Magnuson Act. The
Council has indicated its intent to qualify vessels that hold a valid
limited access multispecies permit for any limited access system that
may be implemented for these species. The potential eligibility
criteria may be based on current eligibility for limited access
multispecies permits, as well as on historical participation, defined
as any number of trips having any documented amount of any of these
species. This document, therefore, gives the public, particularly those
not in possession of a limited access multispecies permit, notice that
they should locate and preserve records that substantiate and verify
their participation in the fisheries for these species.
The control date will help to distinguish currently established
multispecies fishermen from speculative entrants to the fisheries while
management measures are being developed. Fishermen not in possession of
a current limited access multispecies permit are notified that entering
the fisheries after the control date may not qualify as previous
participation, should such a criterion be the basis for future access
to the silver hake, red hake, ocean pout, or black-eye whiting
resources. Furthermore, additional and/or other qualifying criteria
also may be applied. The Council may choose different and variably
weighted methods to qualify fishermen, based on the type and length of
participation in the fishery or on the quantity of landings. The
Council may also decide not to limit entry into these fisheries after a
[[Page 47474]]
consideration of all reasonable alternatives for their management.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 3, 1996.
N. Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 96-22953 Filed 9-6-96; 8:45 am]
BILLING CODE 3510-22-F