Atlantic Coastal Fisheries Cooperative Management Act Provisions; Weakfish Fishery, 56553-56554 [2014-22509]

Download as PDF Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Proposed Rules 56553 TABLE 1 TO SUBPART H OF PART 660—PACIFIC SALMON EFH IDENTIFIED BY USGS HYDROLOGIC UNIT CODE (HUC)— Continued 4th Field hydrologic unit code Hydrologic unit name State(s) Chinook salmon Coho salmon Puget Sound pink salmon Impassable dam(s) ........................... ........................... ........................... ........................... Lower San Joaquin River 5 San Joaquin Delta ............. Fresno River ...................... Upper Merced .................... CA CA CA CA X X X X — — — — — — — — 18040009 ........................... Upper Tuolumne ................ CA X — — 18040010 18040011 18040012 18040013 18050001 18050002 ........................... ........................... ........................... ........................... ........................... ........................... Upper Stanislaus ............... Upper Calaveras ............... Upper Mokelumne ............. Upper Cosumnes .............. Suisun Bay ........................ San Pablo Bay .................. CA CA CA CA CA CA X X X X X X — — — — — X — — — — — — 18050003 ........................... 18050004 ........................... 18050005 ........................... Coyote ............................... San Francisco Bay ............ Tomales—Drake Bays ...... CA CA CA X X X X X X — — — 18050006 ........................... San Francisco Coastal South. Monterey Bay 6 .................. CA — X — n/a. n/a. Hidden Dam. Crocker—Huffman Diversion Dam. La Grange Dam (Tuolumne R.). Goodwin Dam. New Hogan Dam. Camanche Dam. n/a. n/a. San Pablo Dam (San Pablo Cr.). LeRoy Anderson Dam. n/a. Nicasio Dam (Nicasio Cr.), Peters Dam (Lagunitas Cr.). n/a. CA — X — Newell Dam (Newell Cr.). 18040002 18040003 18040007 18040008 18060015 ........................... 1 Cougar Dam is a barrier to coho salmon only. Chinook salmon are trapped and hauled above the dam. 2 Big Cliff Dam is a barrier to coho salmon only. Chinook salmon are trapped and hauled above the dam. 3 Capay Dam was selected as the upstream extent of EFH because it was identified as a complete barrier by NMFS biologists and is located in the vicinity of the historical upstream extent of Chinook salmon distribution. 4 Natural ‘‘lower falls’’ are downstream of any artificial barriers that would meet the criteria for designating them as the upstream extent of EFH; therefore, the upstream extent of EFH within this HU is at the ‘‘lower falls’’. 5 EFH for Chinook salmon in the Middle San Joaquin-Lower Chowchilla HU (18040001) and Lower San Joaquin River HU (18040002) includes the San Joaquin River, its eastern tributaries, and the lower reaches of the western tributaries. Although there is no evidence of current or historical Chinook salmon distribution in the western tributaries (Yoshiyama et al. 2001), the lower reaches of these tributaries could provide juvenile rearing habitat or refugia from high flows during floods as salmon migrate along the mainstem in this area. 6 EFH for coho salmon in the Monterey Bay HU does not include the sections south of the Pajaro HU (18060002). [FR Doc. 2014–22442 Filed 9–19–14; 8:45 am] BILLING CODE 3510–22–P 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 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; withdrawal. asabaliauskas on DSK5VPTVN1PROD with RULES AGENCY: NMFS withdraws a proposed rule proposing a 100 lb (45 kg) per day or trip commercial possession limit for weakfish (Cynoscion regalis) caught in the Exclusive Economic Zone (EEZ) and setting the recreational possession limit at 1 fish per person per day or trip. The SUMMARY: VerDate Sep<11>2014 16:54 Sep 19, 2014 Jkt 232001 intent of the proposed rule was to modify regulations for the Atlantic coastal 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). The Commission has now concluded that existing Federal regulations are conservationally equivalent to state regulations; therefore, changes to current EEZ regulations are no longer needed. Such action is authorized under the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act). DATES: The proposed rule published on May 12, 2010 (75 FR 26703) is withdrawn as of September 22, 2014. FOR FURTHER INFORMATION CONTACT: Steve Meyers, (301) 427–8500. SUPPLEMENTARY INFORMATION: Background At the request of the Commission, NMFS explored management measures to modify weakfish conservation measures in the EEZ under the authority PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 of the Atlantic Coastal Act, 16 U.S.C. 5103, which states 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). 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 peerreviewed assessment found the weakfish stock to be depleted. 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. As a result, the Commission’s Weakfish Management Board approved management measures to reduce exploitation by more than 50percent in both the recreational and commercial sectors. Addendum IV E:\FR\FM\22SEP1.SGM 22SEP1 56554 Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Proposed Rules asabaliauskas on DSK5VPTVN1PROD with RULES requires states to implement a 100 lb (45 kg) commercial trip limit, a 100 lb (45 kg) commercial bycatch limit during closed seasons, and a one-fish recreational creel limit. Addendum IV maintains the current 12 in (30.5 cm) minimum size for weakfish. The sale of undersized fish continues to be prohibited. In May 2010, NMFS published a proposed rule and request for comments to establish compatible regulations. Existing regulations prohibited possession of more than 150 lb per trip and fishing for weakfish less than 12 in (30.5 cm); there was no recreational bag limit. In August 2010, NMFS received a letter from the Commission informing NMFS that all states would retain a commercial limit of 100 lb (45 kg) except for North Carolina, which would have a 1,000 lb (450 kg) possession limit. The Commission’s Weakfish Technical Committee had concluded VerDate Sep<11>2014 16:54 Sep 19, 2014 Jkt 232001 that, as the stock decline was the result of natural mortality and not fishing mortality, the 1,000 lb (450 kg) limit would be conservationally equivalent to a 100 lb (45 kg) limit. The Commission defines conservation equivalency as actions which differ from the specific requirements of the ISFMP, but which achieve the same quantified level of conservation for the resource under management. To support Addendum IV, the Commission had requested that the 1,000 lb (450 kg) limit be established in the EEZ adjacent to North Carolina, with all other Atlantic states having a 100 lb limit in the adjacent EEZ. In March 2014, NMFS received a letter from the Commission stating that North Carolina had implemented the 100 lb (45 kg) commercial limit and ended the 1,000 lb (450 kg) limit. The letter further stated that the Commission was withdrawing its request to change the weakfish regulations in the EEZ because the existing regulations are PO 00000 Frm 00031 Fmt 4702 Sfmt 9990 conservationally equivalent to state regulations. Weakfish harvested in the EEZ do not result in high ex-vessel sales and as such they are seldom targeted by recreational and commercial fishermen. To the extent weakfish are caught, it is only as bycatch and presumed dead, so the difference between a 100 lb and 150 lb limit provides no additional conservation. The same can be said for recreational harvest, given that it minimally exists in the EEZ and harvest is controlled by state landing limits. Per the Commission’s request, we are withdrawing the proposed rule. Authority: 16 U.S.C. 5101 et seq. Dated: September 16, 2014. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2014–22509 Filed 9–19–14; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\22SEP1.SGM 22SEP1

Agencies

[Federal Register Volume 79, Number 183 (Monday, September 22, 2014)]
[Proposed Rules]
[Pages 56553-56554]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22509]


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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; withdrawal.

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SUMMARY: NMFS withdraws a proposed rule proposing a 100 lb (45 kg) per 
day or trip commercial possession limit for weakfish (Cynoscion 
regalis) caught in the Exclusive Economic Zone (EEZ) and setting the 
recreational possession limit at 1 fish per person per day or trip. The 
intent of the proposed rule was to modify regulations for the Atlantic 
coastal 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). The Commission 
has now concluded that existing Federal regulations are 
conservationally equivalent to state regulations; therefore, changes to 
current EEZ regulations are no longer needed. Such action is authorized 
under the Atlantic Coastal Fisheries Cooperative Management Act 
(Atlantic Coastal Act).

DATES: The proposed rule published on May 12, 2010 (75 FR 26703) is 
withdrawn as of September 22, 2014.

FOR FURTHER INFORMATION CONTACT: Steve Meyers, (301) 427-8500.

SUPPLEMENTARY INFORMATION: 

Background

    At the request of the Commission, NMFS explored management measures 
to modify weakfish conservation measures in the EEZ under the authority 
of the Atlantic Coastal Act, 16 U.S.C. 5103, which states 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).
    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 peer-reviewed assessment found the weakfish 
stock to be depleted. 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. As a result, the 
Commission's Weakfish Management Board approved management measures to 
reduce exploitation by more than 50-percent in both the recreational 
and commercial sectors. Addendum IV

[[Page 56554]]

requires states to implement a 100 lb (45 kg) commercial trip limit, a 
100 lb (45 kg) commercial bycatch limit during closed seasons, and a 
one-fish recreational creel limit. Addendum IV maintains the current 12 
in (30.5 cm) minimum size for weakfish. The sale of undersized fish 
continues to be prohibited.
    In May 2010, NMFS published a proposed rule and request for 
comments to establish compatible regulations. Existing regulations 
prohibited possession of more than 150 lb per trip and fishing for 
weakfish less than 12 in (30.5 cm); there was no recreational bag 
limit.
    In August 2010, NMFS received a letter from the Commission 
informing NMFS that all states would retain a commercial limit of 100 
lb (45 kg) except for North Carolina, which would have a 1,000 lb (450 
kg) possession limit. The Commission's Weakfish Technical Committee had 
concluded that, as the stock decline was the result of natural 
mortality and not fishing mortality, the 1,000 lb (450 kg) limit would 
be conservationally equivalent to a 100 lb (45 kg) limit. The 
Commission defines conservation equivalency as actions which differ 
from the specific requirements of the ISFMP, but which achieve the same 
quantified level of conservation for the resource under management. To 
support Addendum IV, the Commission had requested that the 1,000 lb 
(450 kg) limit be established in the EEZ adjacent to North Carolina, 
with all other Atlantic states having a 100 lb limit in the adjacent 
EEZ.
    In March 2014, NMFS received a letter from the Commission stating 
that North Carolina had implemented the 100 lb (45 kg) commercial limit 
and ended the 1,000 lb (450 kg) limit. The letter further stated that 
the Commission was withdrawing its request to change the weakfish 
regulations in the EEZ because the existing regulations are 
conservationally equivalent to state regulations.
    Weakfish harvested in the EEZ do not result in high ex-vessel sales 
and as such they are seldom targeted by recreational and commercial 
fishermen. To the extent weakfish are caught, it is only as bycatch and 
presumed dead, so the difference between a 100 lb and 150 lb limit 
provides no additional conservation. The same can be said for 
recreational harvest, given that it minimally exists in the EEZ and 
harvest is controlled by state landing limits. Per the Commission's 
request, we are withdrawing the proposed rule.

    Authority: 16 U.S.C. 5101 et seq.

    Dated: September 16, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2014-22509 Filed 9-19-14; 8:45 am]
BILLING CODE 3510-22-P
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