[Federal Register Volume 64, Number 198 (Thursday, October 14, 1999)] [Proposed Rules] [Pages 55688-55689] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-26838] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [I.D. 092799B] Fisheries of the Northeastern United States; Petition for Rulemaking for Seasonal Area Closures, Bycatch Quotas, and Related Measures to Reduce Scup Bycatch AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of receipt of petition for rulemaking; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS announces receipt of, and requests public comment on, an amended petition for rulemaking to: Reduce scup bycatch through seasonal area closures and a bycatch quota; monitor the Loligo fishery through a vessel monitoring system (VMS) and observers; and develop new gear designs. The Natural Resources Defense Council, the Environmental Defense Fund, the Center for Marine Conservation, the National Audubon Society, and the American Oceans Campaign (Petitioners) have petitioned NMFS and the Mid-Atlantic Fishery Management Council (Council) to implement these measures beginning November 1999, to reduce the amount of scup caught incidentally in the Loligo squid fishery. DATES: Comments on the amended petition are requested on or before November 15, 1999. ADDRESSES: Copies of the amended petition for rulemaking are available upon request from Gary C. Matlock, Ph.D., Director, Office of Sustainable Fisheries, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. Comments on the amended petition should be directed to Dr. Gary C. Matlock at the above address. Please mark the outside of the envelope ``Scup Petition for Rulemaking.'' FOR FURTHER INFORMATION CONTACT: Mark R. Millikin, 301-713-2341. SUPPLEMENTARY INFORMATION: The fisheries affected by this petition for rulemaking and the petition's amendment are primarily the scup (or porgy, Stenotomus chrysops) fishery, which is managed jointly by the Council and the Atlantic States Marine Fisheries Commission under the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) and the Loligo squid fishery, which is managed by the Council under the Atlantic Mackerel, Squid, and Butterfish FMP. The Secretary of Commerce has management authority for these species in the exclusive economic zone (EEZ) under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The management unit for the scup fishery is scup in the U.S. waters of the Atlantic Ocean from 35 deg.15.3' N. lat., the latitude of Cape Hatteras Light, N.C., northward to the U.S.-Canadian border. Regulations governing the scup fishery in the EEZ are found at 50 CFR part 648, subparts A and H. Regulations governing the Loligo squid fishery in the EEZ are found at 50 CFR part 648, subparts A and B. The Petitioners assert that incidentally-caught juvenile scup are discarded in several small mesh fisheries, in particular the Loligo squid fishery. Discarded scup is ``bycatch,'' according to the Magnuson-Stevens Act, because it is not landed and sold or kept for personal use. For the commercial fishery, the FMP requires the discard of scup: (1) smaller than a minimum size of 9 inches (22.9 cm), and (2) when the amount of scup on board exceeds the poundage threshold requiring a minimum mesh size in the codend of the net (either 100 or 200 lb (45.4 or 90.7 kg), depending on the season). The Petitioners contend that because bycatch in small-mesh fisheries is a significant problem, management of the directed scup fishery alone is inadequate to rebuild the overfished scup stock. In addition, the Petitioners note that NMFS recently partially disapproved Amendment 12 to the FMP because it failed to address adequately the bycatch issue. Consequently, the Petitioners argue, ``there are no legally sufficient measures in place to protect the scup from this major source of mortality.'' Thus, in order to protect the scup stock, the Petitioners proposed two different actions (either one or both) to be implemented in 1999, and further actions to be implemented in 2000 and beyond. For 1999, the Petitioners proposed (a) a closure of the Loligo fishery in NMFS Northeast Statistical Area 613 (area 613) for the Winter II (November- December) season, (b) the imposition of a scup bycatch quota throughout the Loligo management unit for the Winter II season, or (c) both options (a) and (b). The Petitioners note that combining the two management measures could eliminate ``hotspots'' of discards and protect scup from being discarded on Loligo trips redirected into other open areas. Since submitting their original petition for rulemaking, the Petitioners amended their request based upon new information. The Petitioners reference an analysis of the 1997 and 1998 vessel trip report data conducted by Council staff for presentation to the FMP's Scup Monitoring Committee. These data showed high scup discards in statistical areas 537 and 539 in the Loligo fishery during the Winter II (November-December) season, as well as in area 613. Further, the data showed high scup discard rates in statistical areas 616 and 622 for the Loligo fishery during the Winter I (January-April) season. These areas were included in the Monitoring Committee's August 1999 recommendations for area closures of the Loligo fishery to prevent bycatch of scup. Since the Council did not recommend closure of those areas to Loligo fishing, the Petitioners have requested in their amended petition immediate implementation of the Monitoring Committee's recommendation in order to reduce scup bycatch. The Petitioners also request that the above measures (time/area closures, bycatch quota, or both) be part of the specifications for the 2000 Loligo squid fishery. Area 613 is defined as Federal waters off Long Island, NY, bounded by straight lines connecting the following points in the order stated: NMFS Northeast Statistical Area 613 ------------------------------------------------------------------------ Point N. Lat. W. Long. ------------------------------------------------------------------------ LI1 (\1\ ) 73 deg.00 ' LI2 40 deg.00 73 deg.00 ' ' LI3 40 deg.00 71 deg.40 ' ' LI4 41 deg.00 71 deg.40 ' ' LI5 41 deg.00 (2) ' ------------------------------------------------------------------------ \1\ The intersection the longitude line with the 3 nautical mile line south of Patchogue, NY. \2\ The intersection the latitude line with the 3 nautical mile line south of Montauk, NY. Area 537 is defined as Federal waters off Nantucket and Martha's Vineyard Islands, MA, bounded by straight lines connecting the following points in the order stated: NMFS Northeast Statistical Area 537 ------------------------------------------------------------------------ Point N. Lat. W. Long. ------------------------------------------------------------------------ CI1 (1) 70 deg.00 ' CI2 39 deg.50 70 deg.00 ' ' CI3 39 deg.50 71 deg.40 ' ' CI4 40 deg.50 71 deg.40 ' ' CI5 40 deg.50 71 deg.20 ' ' [[Page 55689]] CI6 41 deg.10 71 deg.20 ' ' CI7 41 deg.10 71 deg.10 ' ' CI8 41 deg.20 71 deg.10 ' ' CI9 41 deg.20 (2) ' CI10 (3) ------------------------------------------------------------------------ \1\ The intersection the longitude line with the 3 nautical mile line south of Nantucket Island, MA. \2\ The intersection the latitude line with the 3 nautical mile line east of Gay Head, Martha's Vineyard, MA. \3\ The 3 nautical mile line proceeding easterly along the south of Martha's Vineyard and Nantucket, back to the starting point. Area 539 is defined as Federal waters off the State of Rhode Island, bounded by straight lines connecting the following points in the order stated: NMFS Northeast Statistical Area 539 ------------------------------------------------------------------------ Point N. Lat. W. Long. ------------------------------------------------------------------------ RI1 (1) 71 deg.10 ' RI2 41 deg.10 71 deg.10 ' ' RI3 41 deg.10 71 deg.20 ' ' RI4 40 deg.50 71 deg.20 ' ' RI5 40 deg.50 71 deg.40 ' ' RI6 (2) 71 deg.40 ' ------------------------------------------------------------------------ \1\ The intersection the longitude line with the 3 nautical mile line south of approximately Sakonnet, RI. \2\ The intersection the longitude line with the 3 nautical mile line south of approximately Quonochontaug, RI. Area 616 is defined as offshore Federal waters off Southern New Jersey, bounded by straight lines connecting the following points in the order stated: NMFS Northeast Statistical Area 616 ------------------------------------------------------------------------ Point N. Lat. W. Long. ------------------------------------------------------------------------ NJ1 40 deg.00 71 deg.40 ' ' NJ2 39 deg.00 71 deg.40 ' ' NJ3 39 deg.00 73 deg.00 ' ' NJ4 40 deg.00 73 deg.00 ' ' NJ1 40 deg.00 71 deg.40 ' ' ------------------------------------------------------------------------ Area 622 is defined as Federal waters off Ocean City, MD, bounded by straight lines connecting the following points in the order stated: NMFS Northeast Statistical Area 622 ------------------------------------------------------------------------ Point N. Lat. W. Long. ------------------------------------------------------------------------ OC1 39 deg.00 73 deg.00 ' ' OC2 38 deg.00 73 deg.00 ' ' OC3 38 deg.00 74 deg.00 ' ' OC4 39 deg.00 74 deg.00 ' ' OC1 39 deg.00 73 deg.00 ' ' ------------------------------------------------------------------------ In addition, the Petitioners request that NMFS institute adequate enforcement mechanisms and observer coverage for these bycatch reduction measures. For instance, in closing area 613, the Petitioners suggest NMFS require a VMS in the Loligo fleet. If a bycatch quota is implemented, the Petitioners suggest observer coverage be required at levels sufficient to ensure observations of a statistically significant percentage of Loligo catch. In addition, the Petitioners request that, for 2001, NMFS and the Council oversee the development, testing, and implementation of appropriately modified gear as an effective and equitable means of reducing scup bycatch. Such gear, the Petitioners feel, would obviate the need for the measures proposed by this amended petition. NMFS requests comments on the amended petition for rulemaking. NMFS will consider this information in determining whether to proceed with the development of regulations requested by the amended petition. Authority: 16 U.S.C. 1801 et seq. Dated: October 7, 1999. Bruce C. Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 99-26838 Filed 10-13-99; 8:45 am] BILLING CODE 3510-22-F