[Federal Register Volume 62, Number 194 (Tuesday, October 7, 1997)]
[Rules and Regulations]
[Pages 52273-52275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26469]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket Nos. 970214031-7031-01, I.D. 011697C and 970324064-7064-01,
I.D. 021997B]
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 16; Framework Adjustment 23;
Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Correction to final rules.
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SUMMARY: On March 3, 1997, NMFS published a final rule to implement
measures contained in Framework Adjustment 16 to the Northeast
Multispecies Fishery Management Plan (FMP) and on April 1, 1997, NMFS
published a final rule to implement measures contained in Framework
Adjustment 23 to the Northeast Multispecies FMP. Because of the
effective dates of the implementing regulations for both of these
frameworks, Framework Adjustment 16 regulatory text inadvertently
superseded Framework Adjustment 23 regulatory text. This action
corrects those sections of the regulatory text inadvertently superseded
by Framework Adjustment 16.
DATES: Effective April 2, 1997.
FOR FURTHER INFORMATION CONTACT: Mary Tokarcik, (978) 281-9300.
SUPPLEMENTARY INFORMATION:
Background
On March 3, 1997 (62 FR 9377), NMFS published a final rule
implementing measures contained in Framework Adjustment 16 to the
Northeast Multispecies FMP. This rule prohibited the use of all
gillnets capable of catching Northeast multispecies during the periods
to which the harbor porpoise time/area closures are in effect, unless
the gillnet meets certain specifications. The intent of this action was
to restrict the use of small-mesh pelagic gillnets, which were exempt
from the multispecies regulations, to avoid increasing the risk of
harbor porpoise entanglements, but still allow a traditional bait
fishery to continue by specifying the size and method of deployment of
the gear. That final rule became effective on April 2, 1997.
On April 1, 1997 (62 FR 15425), NMFS published a final rule that
closed Federal waters during specified periods to vessels fishing with
sink gillnet gear and other gillnet gear capable of catching
multispecies, with the exception of single pelagic gillnets in parts of
the specified right whale critical habitats areas. The intent of the
action was to restrict multispecies fishing activities which have been
determined to jeopardize the continued existence of the northern right
whale. That final rule became effective upon filing on March 27, 1997.
[[Page 52274]]
Need for the Correction
The final rules published in the Federal Register on March 3 and
April 1, 1997, both amended Secs. 648.14(a)(89) and 648.87 (a) and (b).
NMFS' intent was to have the rule published on April 1 for Framework
Adjustment 23 supersede portions of the measures contained in the rule
published on March 3 for Framework Adjustment 16. However, due to an
administrative oversight, the rule implementing the management measures
contained in Framework Adjustment 23 became effective on March 27,
1997, prior to the effective date (April 2, 1997) of the final rule
implementing the management measures contained in Framework Adjustment
16. Therefore, portions of the regulations implementing Framework
Adjustment 16 unintentionally superseded the regulations implementing
Framework Adjustment 23.
Effective April 2, 1997, this document corrects the regulatory text
contained in portions of the March 3 rule (Framework Adjustment 16) to
reflect the appropriate regulatory language from the April 1 rule
(Framework Adjustment 23). Therefore, this document corrects
Secs. 648.14(a)(89) and 648.87 section heading and paragraphs (a) and
(b) heading and introductory text to restore that text to that intended
by NMFS.
Correction
Accordingly, publication on March 3, 1997, of the final regulations
(I.D. 011697C), which was the subject of FR Doc. 97-4907, is corrected
as follows:
On page 9379, in the first column, under amendatory instruction 3,
in Sec. 648.14, paragraph (a)(89) is corrected to read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(89) Fail to remove, use, set, haul back, fish with, or possess on
board a vessel, unless stowed in accordance with Sec. 648.81(e)(4),
sink gillnet gear and other gillnet gear capable of catching
multispecies, with the exception of single pelagic gillnets (as
described in Sec. 648.81(f)(2)(ii)), in the areas and for the times
specified in Sec. 648.87 (a) and (b), except as provided in
Secs. 648.81(f)(2)(ii) and 648.87 (a) and (b), or unless otherwise
authorized in writing by the Regional Administrator.
* * * * *
On page 9379, in the second column, amendatory instruction 5 and
the regulatory text are corrected to read as follows:
5. Section 648.87 is amended by revising the section heading and
paragraphs (a) and (b) to read as follows:
Sec. 648.87 Gillnet requirements to reduce or prevent marine mammal
takes.
(a) Areas closed to gillnet gear capable of catching multispecies
to reduce harbor porpoise takes. Sections 648.81(f) through (h) set
forth closed area restrictions to reduce the take of harbor porpoise
consistent with the harbor porpoise mortality reduction goals. Further,
all persons owning or operating vessels in the EEZ portion of the areas
and times specified in paragraphs (a) (1) and (2) of this section must
remove all of their sink gillnet gear and other gillnet gear capable of
catching multispecies, with the exception of single pelagic gillnets
(as described in Sec. 648.81(f)(2)(ii)), and may not use, set, haul
back, fish with, or possess on board, unless stowed in accordance with
the requirements of Sec. 648.81(e)(4), sink gillnet gear or other
gillnet gear capable of catching multispecies, with the exception of
single pelagic gillnet gear (as described in Sec. 648.81(f)(2)(ii)) in
the EEZ portion of the areas and for the times specified in paragraphs
(a) (1) and (2) of this section. Also, all persons owning or operating
vessels issued a limited access multispecies permit must remove all of
their sink gillnet gear and other gillnet gear capable of catching
multispecies, with the exception of single pelagic gillnets (as
described in Sec. 648.81(f)(2)(ii)), from the areas and for the times
specified in paragraphs (a) (1) and (2) of this section, and, may not
use, set, haul back, fish with, or possess on board, unless stowed in
accordance with the requirements of Sec. 648.81(e)(4), sink gillnets or
other gillnet gear capable of catching multispecies, with the exception
of single pelagic gillnets (as described in Sec. 648.81(f)(2)(ii)) in
the areas and for the times specified in paragraphs (a) (1) and (2) of
this section.
(1) Mid-coast Closure Area. (i) From March 25 through April 25 and
from September 15 through December 31 of each fishing year, the
restrictions and requirements specified in paragraph (a) of this
section apply to the Mid-coast Closure Area, as defined under
Sec. 648.81(g)(1), except as provided in paragraph (a)(1)(ii) of this
section.
(ii) Vessels subject to the restrictions and regulations specified
in paragraph (a) of this section may fish in the Mid-coast Closure
Area, as defined under Sec. 648.81(g)(1), from November 1 through
December 31 of each fishing year, provided that an acoustic deterrent
device (``pinger'') is attached at the end of each string of nets and
at the bridle of every net within a string of nets, and is maintained
as operational and functioning. Each pinger, when immersed in water,
must broadcast a 10kHz +/-2kHz sound at 132 dB +/-4dB re 1 micropascal
at 1 m. This sound must last 300 milliseconds and repeat every 4
seconds.
(2) Cape Cod South Closure Area. From March 1 through March 30 of
each fishing year, the restrictions and requirements specified in
paragraph (a) of this section apply to the Cape Cod South Closure Area
(copies of a chart depicting this area are available from the Regional
Administrator upon request), which is the area bounded by straight
lines connecting the following points in the order stated.
Cape Cod South Closure Area
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Point N. latitude W. longitude
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CCS1............................. (\1\) 71 deg.45' W
CCS2............................. 40 deg.40' N 71 deg.45' W
CCS3............................. 40 deg.40' N 70 deg.30' W
CCS4............................. (\2\) 70 deg.30' W
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\1\ RI Shoreline.
\2\ MA Shoreline.
(b) Areas closed to gillnet gear capable of catching multispecies
to prevent right whale takes. All persons owning or operating vessels
must remove all of their sink gillnet gear and gillnet gear capable of
catching multispecies, with the exception of single pelagic gillnets
(as described in Sec. 648.81(f)(2)(ii)), from the EEZ portion of the
areas and for the times specified in (b)(1) and (2) of this section,
and may not use, set, haul back, fish with, or possess on board, unless
stowed in accordance with the requirements of Sec. 648.81(e)(4), sink
gillnet gear or gillnet gear capable of catching multispecies, with the
exception of single pelagic gillnet gear (as described in
Sec. 648.81(f)(2)(ii)) in the EEZ portion of the areas and for the
times specified in paragraphs (b)(1) and (2) of this section.
(1) Cape Cod Bay Critical Habitat Closure Area. From March 27, 1997
through May 15, 1997 and from January 1 through May 15 of each
subsequent year, the restrictions and requirements specified in
paragraph (b) of this section apply to the Cape Cod Bay Critical
Habitat Closure Area (copies of a chart depicting this area are
available from the Regional Administrator upon request), which is the
area bounded by straight lines connecting the following points in the
order stated.
[[Page 52275]]
Cape Cod Bay Critical Habitat Closure Area
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Point N. latitude W. longitude
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CCB1............................. 42 deg.12' N 70 deg.30' W
CCB2............................. 42 deg.12' N 70 deg.15' W
CCB3............................. 42 deg.08' N 70 deg.12.4' W
Then westerly along the 3 NM state boundary to
CCB4............................. 42 deg.08' N 70 deg.30' W
Then due north to CCB1
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(2) Great South Channel Critical Habitat Closure Area. From April 1
through June 30 of each year, the restrictions and requirements
specified in paragraph (b) of this section apply to the Great South
Channel Critical Habitat Closure Area (copies of a chart depicting this
area are available from the Regional Administrator upon request), which
is the area bounded by straight lines connecting the following points
in the order stated.
Great South Channel Critical Habitat Closure Area
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Point N. latitude W. longitude
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GSC1........................... 41 deg.02.2' N 69 deg.02' W
GSC2........................... 41 deg.43.5' N 69 deg.36.3' W
GSC3........................... 42 deg.10' N 68 deg.31' W
GSC4........................... 41 deg.38' N 68 deg.13' W
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* * * * *
Authority: 16 U.S.C. 1801 et seq.
Dated: October 1, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 97-26469 Filed 10-6-97; 8:45 am]
BILLING CODE 3510-22-P
