[Federal Register Volume 60, Number 209 (Monday, October 30, 1995)]
[Rules and Regulations]
[Page 55207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26758]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 651
[Docket No. 950124025-5255-02; I.D. 100395B]
Northeast Multispecies Fishery; Framework Procedure to Protect
Harbor Porpoise
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; technical amendment.
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SUMMARY: NMFS issues this final rule to correct and clarify certain
sections of the regulations that implement the framework procedures for
adjusting regulatory measures to protect harbor porpoise under the
Northeast Multispecies Fishery Management Plan (FMP). This action is
necessary to make these measures consistent with the intent of
Amendment 5 to the Northeast Multispecies Fishery Management Plan
submitted by the New England Fishery Management Council (Council).
EFFECTIVE DATE: October 25, 1995.
FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, Fishery Policy
Analyst, 508-281-9272.
SUPPLEMENTARY INFORMATION: Regulations implementing Amendment 5 to the
FMP were published on March 1, 1994 (59 FR 9872), and corrected on
February 2, 1995 (60 FR 6447). Amendment 5, among other provisions,
implemented a framework adjustment procedure for the purpose of
achieving harbor porpoise mortality reduction goals. The section of the
regulations implementing Amendment 5, pertaining to the ``reduction of
take'' measures in the harbor porpoise bycatch of the Gulf of Maine
sink gillnet fishery, does not reflect clearly the intent of the
Council with respect to the role of the Harbor Porpoise Review Team
(HPRT) and the number of meetings required to conclude the procedure.
As written, Sec. 651.32(b)(4) can be read to mean that the
recommendations of the HPRT must be published in the Federal Register
without analysis or refinement by the Council. This final rule/
technical amendment corrects and clarifies the regulation and relieves
the HPRT of the unintended requirement to analyze and refine its own
recommendations for publication in the Federal Register.
Section 651.32(b)(4) also can be read to mean that the Regional
Director is required to provide the public with any necessary analysis
and opportunity to comment on any recommended changes or additions by
the HPRT, before the Council adopts them. This final rule/technical
amendment corrects and clarifies the regulation and assigns the Council
with the responsibility for providing the public with any necessary
analysis and opportunity to comment on any changes recommended by the
HPRT, as originally intended.
Finally, section 651.32(b)(5) seems to require a minimum of three
Council meetings, instead of two, as intended, before the Council shall
determine whether to recommend changes or additions to the ``reduction
of take'' measures in the harbor porpoise bycatch of the Gulf of Maine
sink gillnet fishery. This final rule clarifies that at least two
meetings are required, instead of three, making it consistent with the
framework adjustment provisions included elsewhere in the Northeast
Multispecies FMP and other FMPs.
Classification
Because this rule only corrects and clarifies the Council's intent
regarding a section of an existing regulation for which prior notice
and opportunity for public comment were provided, under 5 U.S.C.
553(b)(B) it is unnecessary to provide additional notice and
opportunity for comment. Further, in that this rule is merely a
clarification with no substantive effect, it is not subject to the 30-
day delay in effective date provision of 5 U.S.C. 553(d).
This rule is exempt from review under E.O. 12866.
List of Subjects in 50 CFR Part 651
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: October 24, 1995.
Richard H. Schaefer,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 651 is amended
as follows:
PART 651--NORTHEAST MULTISPECIES FISHERY
1. The authority citation for part 651 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 651.32, paragraphs (b)(4) and (b)(5) are revised to read
as follows:
Sec. 651.32 Sink gillnet requirements to reduce harbor porpoise takes.
* * * * *
(b) * * *
(4) Upon receiving the recommendation of the HPRT of any changes or
additions to the ``reduction of take'' measures, the Council will
provide the public with any necessary analysis and opportunity to
comment on any recommended changes or additions.
(5) After receiving public comment, the Council shall determine
whether to recommend changes or additions to the ``reduction of take''
measures at a Council meeting following the meeting at which it
received the HPRT's recommendations.
* * * * *
[FR Doc. 95-26758 Filed 10-25-95; 10:10 am]
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