[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Proposed Rules]
[Pages 3832-3833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1272]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Chapter VI

[I.D. 011295A]


Atlantic Coast Weakfish; Intent to Prepare an EIS

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 

[[Page 3833]]
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of intent to prepare an environmental impact statement 
(EIS) and request for written comments.

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SUMMARY: NMFS announces its intent to prepare an EIS to assess the 
impact of Atlantic Coast weakfish harvests and proposed regulations on 
the natural and human environment. This notice of intent requests 
public input (written comments) on issues that NMFS should consider in 
preparing the EIS. Public hearings for the EIS will be scheduled at a 
later date. The EIS will evaluate the effects on the recovery of 
weakfish, as well as the effects on harvest of proposed regulations. In 
addition, this notice provides information on recent stock assessments 
for the Atlantic Coast weakfish and announces that NMFS is considering 
measures for the 1995 fishing year and beyond for the Atlantic Coast 
weakfish fishery in the exclusive economic zone (EEZ).

DATES: Written comments on the intent to prepare the EIS will be 
accepted until February 1, 1995. Public hearings will be announced in 
the Federal Register at a later date.

ADDRESSES: Comments should be sent to: Richard H. Schaefer, Director, 
Office of Fisheries Conservation and Management (F/CM), National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: William T. Hogarth, telephone (301) 
713-2347.

SUPPLEMENTARY INFORMATION:
    Section 804(b) of the Atlantic Coastal Fisheries Cooperative 
Management Act (ACFCMA) enacted in December 1993, (Public Law 103-206) 
states that, in the absence of an approved and implemented fishery 
management plan (FMP) under the Magnuson Fishery Conservation and 
Management Act (Magnuson Act), 16 U.S.C. 1801 et seq., and after 
consultation with the appropriate Fishery Management Council(s) 
(Council), the Secretary of Commerce (Secretary) may implement 
regulations to govern fishing in the EEZ that are:
    1. Necessary to support the effective implementation of an Atlantic 
States Marine Fisheries Commission (Commission) coastal fishery 
management plan (CFMP); and
    2. Consistent with the national standards set forth in section 301 
of the Magnuson Act (16 U.S.C. 1851).
    These regulations may include measures recommended by the 
Commission to the Secretary that are necessary to support the 
provisions of a CFMP. Regulations issued by the Secretary to implement 
an approved FMP prepared by the appropriate Council(s) or the Secretary 
under the Magnuson Act shall supersede any conflicting regulations 
issued by the Secretary under section 804(b) of ACFCMA.
    The provisions of sections 307 through 311 of the Magnuson Act (16 
U.S.C. 1857 through 1861) regarding prohibited acts, civil penalties, 
criminal offenses, civil forfeitures, and enforcement shall apply with 
respect to regulations issued under section 804(b) of ACFCMA as if such 
regulations were issued under the Magnuson Act.
    Management responsibility for weakfish resides primarily with the 
coastal states through the Commission's CFMP for weakfish (Plan). This 
Plan was adopted in 1985 by the coastal states from Maine through 
Florida in response to severe declines in the weakfish catches and 
populations along the coast. Increasingly strict state regulations have 
been imposed by amendments to the Plan since 1985 to restrict further 
the harvest of weakfish by recreational and commercial fisheries and to 
allow rebuilding of the stocks.
    However, even with these restrictions, the weakfish population is 
not showing signs of recovery. In fact, the 1993 stock assessment 
suggests the beginning of recruitment failure; the fishing mortality 
rate (F) for the population is 1.3, i.e., 79 percent of the population 
is harvested each year; only 2 percent of the population achieves 
spawning age; and fishing is conducted primarily on 0- and 1-year-old 
fish. Moreover, overall landings (recreational and commercial) have 
declined from over 80 million pounds (36 million kg) in 1980 to 7.8 
million pounds (3.5 million kg) in 1993; the recreational catch has 
declined from 54 percent of the total landings in 1980 to 12 percent in 
1993; and the commercial fishing effort has shifted, with 55 and 52 
percent of the total commercial landings in 1992 and 1993, 
respectively, being taken in the EEZ compared with a low of 14 percent 
in 1973 and an average of 36 percent for the years 1972-93. These data 
clearly indicate that the weakfish stock is overfished and beginning to 
suffer recruitment failure. Harvest restrictions are definitely needed 
if weakfish are to recover.
    Based on the recent stock assessments, NMFS will consider measures 
to regulate the Atlantic Coast weakfish fishery in the EEZ for the 1995 
fishing year and beyond, including: (1) A prohibition on the taking or 
possession of weakfish in the EEZ; (2) applying state regulations to 
the EEZ; (3) imposition of specific Federal regulations on weakfish 
fishing in the EEZ; and (4) status quo or no action taken.
    The Mid-Atlantic Council's workload will not permit it to undertake 
a Plan at this time. NMFS has determined that regulations in the EEZ 
must be implemented to support the CFMP for weakfish if there is to be 
a cooperative state and Federal effort to rebuild the weakfish stock.
    NMFS has determined that the preparation of an EIS is appropriate, 
because of the potentially significant impact of EEZ regulations on the 
human environment and because no EIS currently exists. Participants in 
this fishery will be affected and may face more limited access to the 
weakfish resource, while the natural stocks of weakfish are allowed to 
recover.

    Dated: January 12, 1995.
Richard H. Schaefer,
Director, Office of Fisheries Conservation and Management, National 
Marine Fisheries Service.
[FR Doc. 95-1272 Filed 1-18-95; 8:45 am]
BILLING CODE 3510-22-F