[Federal Register Volume 75, Number 91 (Wednesday, May 12, 2010)]
[Proposed Rules]
[Pages 26703-26705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11339]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 0912011421-0200-01]
RIN 0648-AY41


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
Weakfish Fishery

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

ACTION: Proposed rule; request for comments.

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SUMMARY:  NMFS proposes to decrease the incidental catch allowance for 
weakfish caught in the Exclusive Economic Zone (EEZ), from 150 lb (68 
kg) to no more than 100 lb (45 kg) per day or trip, whichever is longer 
in duration. The intent of this proposed rule is to modify regulations 
for the Atlantic coast stock of weakfish to be more compatible with 
Addendum IV to Amendment 4 of the Atlantic States Marine Fisheries 
Commission's (Commission) Interstate Fishery Management Plan (ISFMP) 
for weakfish. Such action is authorized in the Atlantic

[[Page 26704]]

Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act).

DATES:  Written comments must be received on or before June 11, 2010.

ADDRESSES: You may submit comments, identified by RIN 0648-AY41, by any 
one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov.
    <bullet> Mail: Office of Sustainable Fisheries, National Marine 
Fisheries Service, 1315 East West Highway, Suite 13317, Silver Spring, 
MD 20910, Attn: State-Federal Team. Mark the outside of the envelope: 
``Comments on Weakfish Addendum IV.''
    <bullet> Fax: (301) 713-0596, Attn: State-Federal Team.
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. All comments received are a part 
of the public record and will generally be posted to http://regulations.gov without change. All Personal Identifying Information 
(for example, name, address, etc.) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.

FOR FURTHER INFORMATION CONTACT:  Brian Hooker, (301) 713 2334.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to its authority under section 5103 of the Atlantic 
Coastal Act, 16 U.S.C. 5101-5108, NMFS proposes to modify the current 
weakfish conservation measures in the EEZ. The Atlantic Coastal Act 
provides that, in the absence of an approved and implemented Fishery 
Management Plan under the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.) and, 
after consultation with the appropriate Fishery Management Council(s), 
the Secretary of Commerce (Secretary) may implement regulations to 
govern fishing in the EEZ (i.e., from 3 to 200 nm offshore). These 
regulations must be (1) compatible with the effective implementation of 
an ISFMP developed by the Commission, and (2) consistent with the 
national standards set forth in section 301 of the Magnuson-Stevens 
Act.
    On November 3, 2009, the Commission adopted Addendum IV to 
Amendment 4 to the ISFMP for Weakfish (Addendum IV), in response to the 
stock status of weakfish. A recent peer-reviewed assessment found the 
weakfish stock to be depleted, with spawning stock biomass estimated to 
be three percent of an unfished stock, well below the 20-percent 
threshold and 30-percent target reference points approved by the 
Commission's Weakfish Management Board as part of Addendum IV. The 
decline in biomass reflects a sustained rise in natural mortality after 
1995, rather than fishing mortality, which has been modest and stable 
over the same time period. In response to these findings, the 
Commission's Weakfish Management Board approved management measures to 
reduce exploitation of weakfish by more than 50-percent in both the 
recreational and commercial sectors. Addendum IV requires states to 
implement a one-fish recreational creel limit, 100 lb (45 kg) 
commercial trip limit, and 100 lb (45 kg) commercial bycatch limit 
during closed seasons. Addendum IV maintains the current 12-inch (30.5 
cm) minimum size for weakfish, but lowers the exception to this 
management measure, the undersized fish limit, from 300 to 100 
undersized fish per commercial trip. The sale of undersized fish 
continues to be prohibited. In implementing Amendment 4 to the weakfish 
plan, NMFS never adopted the 300 undersized fish exception to the 12-
inch (30.5 cm) minimum fish size in Federal waters. NMFS continues the 
policy of no exemptions to the minimum size limit in the weakfish 
fishery here by not proposing a 100 undersized fish exception to the 
current minimum size limit in Federal waters. The Commission 
recommended in Addendum IV that NMFS promulgate all necessary 
regulations to implement complementary measures to those approved in 
the addendum.

Status of the Weakfish Fishery

    An assessment of the weakfish stock was completed in 2009 by the 
Weakfish Stock Assessment Subcommittee and peer reviewed by the 48th 
Stock Assessment Review Committee at the 48th Northeast Regional Stock 
Assessment Workshop (SAW). The assessment includes fishery data and 
survey indices through 2007. The results of the assessment indicate 
that weakfish abundance has declined markedly since 1995, total 
mortality is high, non-fishing mortality has increased, and the stock 
is currently in a depleted state. The weakfish stock is at an all-time 
low of 10.8 million lb (4,899 mt), far below the biomass threshold of 
22.4 million pounds (10,179 mt). At this stock size, recent fishery 
removals (landings and dead discards combined) represent a significant 
proportion of the remaining biomass. While the decline in the stock 
primarily results from a change in the natural mortality of weakfish in 
recent years, it is further exacerbated by continued removals by the 
commercial and recreational fisheries. Natural mortality has risen 
substantially since 1995, with factors such as predation, competition, 
and changes in the environment having a stronger influence on recent 
weakfish stock dynamics than fishing mortality. Given current high 
natural mortality levels, stock projections indicate that the stock is 
unlikely to recover rapidly, even under a harvest moratorium.

Proposed Action

    At present, Federal regulations do not differentiate between 
recreational and commercial weakfish fishing; current Federal 
regulations simply prohibit possession of more than 150 pounds of 
weakfish in any one day or trip regardless of fishing sector. The 
implementation of Commission Addendum IV would change that. There would 
be no changes or exceptions to the current 12-inch minimum size limit.

Commercial Fishery

    Commission Addendum IV would lower the weakfish possession limit 
from 150 pounds to 100 pounds (45 kg). The proposed compatible Federal 
rule would allow commercial fisheries to possess no more than 100 lb 
(45 kg) of weakfish during any one day or trip, whichever is longer in 
duration. This change would be a decrease of 50 lb (23 kg) per day or 
trip from the current Federal regulation of 150 lb (68 kg). This 
possession limit would be year-round, regardless of state-established 
fishing seasons. According the Commission's Weakfish Technical 
Committee, this reduction could realize a 60-percent coastwide 
reduction in weakfish landings. All other weakfish prohibitions found 
in 50 CFR 697.7, including the 12-inch minimum fish size, and the 
weakfish flynet closure off the North Carolina coast, would remain in 
effect. It should be noted that the current Federal 12-inch (30.5-cm) 
minimum fish size is more restrictive than that required under Addendum 
IV, as the Federal regulation does not allow for any fish to be 
retained below the size limit.

[[Page 26705]]

Recreational Fishery

    Under the Commission's Addendum IV, and proposed herein, the 
recreational fishing possession (bag/creel) limit would be reduced to 
one fish per person per day. Analysis by the Commission in the public 
information document for Addendum IV indicated that a coastwide 
possession limit of one fish per person with a 12-inch minimum size 
could realize a 54-percent harvest reduction. The one fish coastwide 
creel limit at current minimum sizes will also discourage directed 
fishing for weakfish, and allow for a small harvest of weakfish while 
fishing for other species.
    These proposed commercial and recreational fishery management 
measures support the Commission's ISFMP by being compatible with the 
effective implementation of the Commission's Weakfish ISFMP. They are 
also consistent with the national standards set forth in section 301 of 
the Magnuson-Stevens Act, and would continue regulatory uniformity in 
state and Federal waters. This action would also be beneficial insofar 
as incongruous regulations can confuse stakeholders and complicate 
management.

Classification

    This proposed rule is published under the authority of the Atlantic 
Coastal Act. Paragraphs (A) and (B) of section 804(b)(1) of the 
Atlantic Coastal Act, 16 U.S.C. 5103(a)-(b), authorize the Secretary to 
implement regulations in the EEZ in the absence of a Magnuson-Stevens 
Act fishery management plan. Such regulations must be necessary to 
support a Commission's ISFMP, and consistent with the national 
standards set forth in section 301 of the Magnuson-Stevens Act.
    The Assistant Administrator for Fisheries has determined that this 
proposed action is compatible with the effective implementation of the 
Commission's ISFMP for weakfish and consistent with the national 
standards of the Magnuson-Stevens Act, subject to further consideration 
after public comment. The Secretary, before making the final 
determination, will take into account data, views, and comments 
received during the comment period.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
This proposed rule would be implemented in concert with complimentary 
regulations in the adjacent Atlantic coastal states. All entities 
affected by this rule are considered small entities by the SBA 
standard. Weakfish commercial fishing is regulated on a state-by-state 
basis through the Commission. Weakfish, which are caught predominantly 
in state waters, are caught incidentally to fisheries targeting other 
species of fish. The reduction in the possession limit should encourage 
fishers to avoid areas where weakfish bycatch might be a problem and/or 
return caught fish to the water as soon as practicable.
    Based on the total number of Federal permits in the affected states 
(there is not a Federal weakfish permit), an estimated total of 1,092 
small entities could be impacted by this rule. The total 2008 value of 
the commercial weakfish fishery in Federal waters was approximately 
$178,000. It is estimated that the 100 lb possession limit will reduce 
coastwide (state and Federal) landings by 60-percent. However, Federal 
data indicates that federally-permitted vessels are catching an average 
of less than 100 lb per trip, and would thus not realize any loss as a 
result of the proposed rule. Using the best data available, the 
estimate of impacts per entity as a result of this proposed rule is 
approximately $0.00 - $54.00 per year. Because weakfish are caught in 
multispecies trawl fisheries occurring among several states, gross 
revenue per trip accounting for all species could not be calculated, 
but NMFS is certain that the zero to de minimis loss in weakfish 
revenue does not represent a significant economic impact to any vessels 
comprising the universe of small vessels that may be affected. 
Accordingly, an initial regulatory flexibility analysis is not required 
and none has been prepared.

Reporting and Recordkeeping Requirements

    This proposed rule would not impose any new reporting, 
recordkeeping, or other compliance requirements.
    There are no Federal rules which may duplicate, overlap, or 
conflict with the proposed action. This action is considered to be 
``not significant'' under Executive Order 12866.

List of Subjects in 50 CFR Part 697

    Fisheries, Fishing.

    Dated: May 6, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 697 is 
proposed to be amended as follows:

PART 697 ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

    1. The authority citation for 50 CFR part 697 continues to read as 
follows:

    Authority:  16 U.S.C. 5101 et seq.
    2. In Sec.  697.7, paragraphs (a)(1), (a)(2), and (a)(4) are 
revised to read as follows:


Sec.  697.7  Prohibitions.

    (a) * * *
    (1) Fish for, harvest, possess, or retain any weakfish less than 12 
inches (30.5 cm) in total length (measured as a straight line along the 
bottom of the fish from the tip of the lower jaw with the mouth closed 
to the end of the lower tip of the tail) in or from the EEZ.
    (2) It is unlawful to possess more than 1 weakfish per person, 
during any one day or trip, whichever is longer, when engaged in 
recreational fishing in the EEZ.
* * * * *
    (4) It is unlawful to possess more than 100 lb (45 kg) of weakfish 
during any one day or trip, whichever is longer, when engaged in 
commercial fishing in the EEZ.
* * * * *
[FR Doc. 2010-11339 Filed 5-11-10; 8:45 am]
BILLING CODE 3510-22-S