Amendment 1 to the Atlantic Salmon Fishery Management Plan

Federal Register: July 27, 1999
(Volume 64, Number 143)
Rules and Regulations
Page 40519-40521
From the Federal Register
Online via GPO Access http://wais.access.gpo.gov
DOCID:fr27jy99-9

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
Docket No. 990119022-9164-02; I.D. 111998C
RIN 0648-AM13
Fisheries of the Northeastern United States

AGENCY: National Marine Fisheries Service (NMFS)
National Oceanic and Atmospheric Administration (NOAA) Commerce.
ACTION: Final rule.

SUMMARY: NMFS issues final regulations to implement Amendment 1 to the Atlantic Salmon Fishery Management Plan (FMP). Specifically, these final regulations establish a framework process to implement, add to or adjust Atlantic salmon management measures to allow for Atlantic salmon aquaculture projects in the exclusive economic zone (EEZ). Amendment 1to the FMP also includes an overfishing definition for Atlantic salmon.

DATES: Effective August 26, 1999.ADDRESSES: Copies of Amendment 1 and its regulatory impact review (RIR)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. VanPelt, Fishery Management Specialist, 978-281-9244.

SUPPLEMENTARY INFORMATION: On November 13, 1998, the New England Fishery Management Council (Council) submitted for review and Secretarial approval an omnibus amendment that includes Amendment 11 to the Northeast Multispecies FMP, Amendment 9 to the Sea Scallop FMP, and Amendment 1 to the Atlantic Salmon FMP. The omnibus amendment was approved in its entirety on March 3, 1999, and a notice of approval of the omnibus amendment was published in the Federal Register on April21, 1999 (64 FR 19503). A proposed rule to implement the aquaculture framework process contained in Amendment 1 to the Atlantic Salmon FMP was published on February 5, 1999 (64 FR 5754). The comment period on the proposed rule closed March 22, 1999. No public comments were received on the proposed rule. A complete discussion of Amendment 1'sprovisions appears in the preamble to the proposed rule and is not repeated here.

Approved Management Measures   
Amendment 1 to the Atlantic Salmon FMP includes a new Atlantic salmon overfishing definition and adds a mechanism to allow for Atlantic salmon aquaculture in the EEZ through a framework adjustment process. For a discussion of the Atlantic salmon overfishing definition, see the notice of approval of the omnibus amendment (64 FR19503, April 21, 1999).   

Although salmon is overfished, no additional management measures are imposed by Amendment 1. The management measures currently in place prohibit harvesting of salmon from the EEZ and require that any Atlantic salmon incidentally caught in other fisheries be released in a manner that insures maximum probability of survival. These measures have been determined to be sufficient to the extent practicable to minimize by catch and by catch mortality consistent with national standard 9.

The Northeast Fisheries Science Center certified the Council's recommended overfishing definition with reservation noting that there was no specified mortality limit or threshold projected for a rebuilt stock, or stock size above which fishing mortality could be greater than zero. However, the Center's conclusion was that in light of the status of the Atlantic salmon resource and its long rebuilding schedule, considerations of such biological reference points can be addressed when, and if, necessary. Moreover, overfishing is not occurring, as fishing mortality is zero and is expected to stay at zero for the foreseeable future. The Council has been notified that should the status of the resource change, it would need to revisit the overfishing definition to clarify what level of fishing mortality is appropriate to rebuild the resource to a sustainable level.

For the sake of efficiency, this rule establishes a framework process to allow for implementation of aquaculture projects, which is consistent with the process outlined for all other amendments now being developed to bring New England and Mid-Atlantic Fishery Management Council plans into compliance with the Sustainable Fisheries Act. This action would allow for the implementation of aquaculture projects through the adjustment of the management measures prohibiting the harvest of Atlantic salmon from the EEZ and through the imposition of one or more of the 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 closures, and establishment of special management areas or zones.

Classification   
The Regional Administrator, Northeast Region, NMFS, determined that Amendment 1 is necessary for the conservation and management of the Atlantic salmon fishery and that it is consistent with the Magnuson-Stevens Act and other applicable laws.

This final rule has been determined to be not significant for purposes of E.O. 12866.

The Chief Counsel for Regulation of the Department of Commerce has certified to the Chief Counsel for Advocacy of the Small Business Administration that this rule would not have a significant economic impact on a substantial number of small entities. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and record keeping requirements.   
Dated: July 21, 1999.
Andrew A. Rosenberg, Deputy Assistant Administrator for Fisheries, National Marine Fisheries Service.    For the reasons set out in the preamble, 50 CFR part 648 is 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 New England Fishery Management Council (NEFMC) may, at any time, initiate action to implement, add to or adjust Atlantic salmon management measures to allow for Atlantic salmon aquaculture projects in the EEZ, provided such an action is consistent with the goals and objectives of the Atlantic Salmon FMP.
   
   (b) Framework process. After initiation of an action to implement, add to or adjust an Atlantic salmon management measure to allow for an Atlantic salmon aquaculture project in the EEZ, the NEFMC shall develop and analyze Atlantic salmon management measures to allow for Atlantic salmon aquaculture projects in the EEZ over the span of at least two NEFMC meetings. The NEFMC 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 NEFMC meeting. The NEFMC's recommendation on 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 Atlantic salmon management measures and receiving public testimony, the NEFMC shall make a recommendation to NMFS. The NEFMC's recommendation must include supporting rationale and, if management measures are recommended, analysis of impacts and a recommendation to NMFS on whether to issue the management measures as a final rule. If NMFS concurs with the NEFMC's recommendation to issue   the management measures 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 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 management measures.
   
           (3) Whether there is an immediate need to protect the resource.
   
           (4) Whether there will be a continuing evaluation of measures adopted following their implementation as a final rule.
   
   (d) NMFS action. If the NEFMC's recommendation includes implementation of management measures and, after reviewing the NEFMC's recommendation and supporting information:
   
           (1) NMFS concurs with the NEFMC's recommended management measures and determines that the recommended measures should be issued as a final rule based on the factors specified in paragraph (c) (1) through(4) of this section, the measures will be issued as a final rule in the Federal Register.
   
           (2) NMFS concurs with the NEFMC's recommendation and determines that the recommended 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 NMFS concurs with the NEFMC recommendation, the measures will be issued as a final rule in the Federal Register.
   
           (3) NMFS 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-Stevens Act.

[FR Doc. 99-19172 Filed 7-26-99; 8:45 am]BILLING CODE 3510-22-F