[Federal Register Volume 59, Number 23 (Thursday, February 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2415]
[[Page Unknown]]
[Federal Register: February 3, 1994]
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DEPARTMENT OF COMMERCE
50 CFR Part 651
[Docket No. 931066-4014; 122893C]
Northeast Multispecies Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NOAA issues this final rule to implement gear requirements for
vessels fishing for northern shrimp in the Northeast multispecies
fishery during the 1993/94 fishing season. Vessels fishing for or
possessing northern shrimp in the U.S. Exclusive Economic Zone (EEZ)
and all Federally permitted fishing vessels fishing for or possessing
northern shrimp are required to install and use a finfish excluder
device throughout the fishing season and throughout the range. The
intent of this requirement is to reduce the bycatch of groundfish in
the small-mesh northern shrimp fishery.
EFFECTIVE DATES: January 31, 1994.
ADDRESSES: Copies of the referenced documents may be obtained from
Richard B. Roe, Regional Director, National Marine Fisheries Service,
One Blackburn Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT:
Martin Jaffe (Fishery Management Specialist, Northeast Region, NMFS),
508-281-9272.
SUPPLEMENTARY INFORMATION: The regulations implementing Amendment 4 (56
FR 24724, May 31, 1991) to the Fishery Management Plan for the
Northeast Multispecies Fishery (FMP) include a measure that requires
the New England Fishery Management Council (Council) to make necessary
recommendations to the Director, Northeast Region, NMFS (Regional
Director), on gear requirements for vessels fishing for northern
shrimp.
The Council's recommendation for the 1993/94 fishery that any
vessel catching, harvesting or landing northern shrimp be required to
use a finfish excluder device, particularly the Nordmore Grate (grate),
with a rigid or semi-rigid bar spacing of not more than one inch (2.54
cm), throughout the shrimp season, was published on November 8, 1993
(58 FR 59232). The notice also provided a summary of an economic
analysis contained in an environmental assessment prepared by the
Council to accompany its recommendation. The publication of the
recommendation initiated a comment period, which concluded on December
3, 1993.
Comments and Responses
A comment on the Council's recommendation was received from the
Center for Marine Conservation, which supported approval of the
Council's recommendation.
This comment was considered in the agency's decision to approve the
Council's recommendation.
Changes From the Proposed Rule to the Final Rule
Changes were made to all of the sections under
Sec. 651.20(b)(3)(vi), inclusive, to conform to the finfish excluder
device requirement as published in the proposed rule to Amendment 5 to
the multispecies FMP (58 FR 57774). All of the changes are for clarity
and brevity. No substantive changes were made.
Classification
This action is authorized by 50 CFR part 651 and is consistent with
the Magnuson Act and other applicable law.
The General Counsel Department of Commerce certified to the Small
Business Administration that the proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. As a result, a regulatory flexibility analysis was not
prepared.
The Assistant Administrator for Fisheries, NOAA, has determined
that it is impracticable and contrary to the public interest to delay
for 30 days the effective date of this rule under section 553(d) of the
Administrative Procedure Act. Fishermen harvesting northern shrimp
already are required to use Nordmore grates in state waters of Maine,
New Hampshire, and Massachusetts and have had ample time to adjust to
this requirement. Implementation of this same requirement in the EEZ
provides similar requirements for fishermen throughout the range of the
fishery.
List of Subjects in 50 CFR Part 651
Fishing, Fisheries, Vessel permits and fees.
Dated: January 27, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For 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. Section 651.20 is amended by adding paragraph (b)(3)(vi) to read
as follows:
Sec. 651.20 Regulated mesh area and gear limitations.
* * * * *
(b) * * *
(3) * * *
(vi) Pursuant to Sec. 651.20(b)(3)(iv), beginning January 31, 1994,
any vessel issued a permit under Sec. 651.4 that is fishing for,
harvesting, possessing or landing northern shrimp, and any vessel
fishing for, catching, harvesting or possessing northern shrimp in the
EEZ, must have a properly configured and installed finfish excluder
device in any net used to fish for or harvest northern shrimp,
throughout the northern shrimp season as established or modified by the
Atlantic States Marine Fisheries Commission. The finfish excluder
device must be configured and installed consistent with the following
specifications (see Figure 6 for an example of a properly configured
and installed finfish excluder device):
(A) The finfish excluder device must be a rigid or semi-rigid grate
consisting of parallel bars of not more than 1 inch (2.54 cm) spacing
that excludes all fish and other objects, except those that are small
enough to pass between its bars into the codend of the trawl.
(B) The finfish excluder device must be secured in the trawl,
forward of the codend, in such a manner that it precludes the passage
of fish or other objects into the codend without said fish or objects
have first passed between the bars of the grate.
(C) A fish outlet or hole must be provided to allow fish or other
objects that are too large to pass between the bars of the grate to
pass out of the net. The aftermost edge of this outlet must be at least
as wide as the grate at the point of attachment. Said fish outlet must
extend forward from the grate toward the mouth of the net.
(D) A funnel of net material is allowed in the lengthening piece of
the net forward of the grate to direct catch towards the grate.
3. Figure 6 is added to part 651 as follows:
BILLING CODE 3510-22-M
TR03FE94.011
Figure 6. Nordmore grate.
[FR Doc. 94-2415 Filed 1-31-94; 3:29 pm]
BILLING CODE 3510-22-C
