[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29320-29322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14165]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 656 and 697
[Docket No. 950915230-6123-03; I.D. 022796D]
RIN 0648-AH57
Atlantic Striped Bass Fishery; Atlantic Coastal Fisheries
Cooperative Management; Consolidation and Revision of Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS consolidates regulations pertaining to the Atlantic
striped bass and weakfish fisheries, which are now contained in two CFR
parts, into a single part. The consolidated regulations are revised to
be more concise, better organized, and easier for the public to use. In
addition, certain prohibitions and definitions currently in parts 656
and 697 are removed and replaced by references to general sections of
the regulations to achieve conformity and to eliminate unnecessary
regulatory text. This action is part of the President's Regulatory
Reinvention Initiative.
EFFECTIVE DATE: July 1, 1996.
FOR FURTHER INFORMATION CONTACT: Tom Meyer, (301) 713-2339.
SUPPLEMENTARY INFORMATION:
Pursuant to the Regulatory Reinvention Initiative of the President,
this final rule removes 50 CFR 656 (Atlantic striped bass regulations)
and revises 50 CFR part 697 (Atlantic coastal fisheries cooperative
management regulations) by consolidating into part 697 the regulations
previously contained in parts 656 and 697. Duplicative regulatory text
previously contained in those parts is eliminated.
Additional background for this rule was contained in the preamble
to the proposed rule (61 FR 13811, March 28, 1996). No comments were
received.
Classification
This final rule has been determined to be not significant for the
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this final rule would not have a
significant economic impact on a substantial number of small entities.
The reasons were published in the proposed rule (61 FR 13811, March 28,
1996). As a result, a regulatory flexibility analysis was not prepared.
List of Subjects in 50 CFR Parts 656 and 697
Fisheries, Fishing.
Dated: May 31, 1996.
Gary C. Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR chapter VI is
amended as follows:
CHAPTER VI--FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
PART 656--[REMOVED]
1. Part 656, under the authority of 16 U.S.C. 1851 note, is
removed.
2. Part 697 is revised to read as follows:
PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT
Sec.
697.1 Purpose and scope.
697.2 Definitions.
697.3 Relation to the Magnuson Act.
697.4 Civil procedures.
697.5 Specifically authorized activities.
697.6 Prohibitions.
Authority: 16 U.S.C. 1851 note, 5101 et seq.
Sec. 697.1 Purpose and scope.
The regulations in this part implement section 804(b) of the
Atlantic Coastal Fisheries Cooperative Management Act, 16 U.S.C. 5101
et seq., and section 6 of the Atlantic Striped Bass Conservation Act
Appropriations Authorization, 16 U.S.C. 1851 note, and govern fishing
in the EEZ on the Atlantic Coast for species covered by those acts.
Sec. 697.2 Definitions.
In addition to the definitions in Sec. 600.10 of this chapter, the
terms in this part have the following meanings:
Atlantic striped bass means members of stocks or populations of the
species Morone saxatilis found in the waters of the Atlantic Ocean
north of Key West, FL.
Block Island Southeast Light means the aid to navigation light
located at Southeast Point, Block Island, RI, and defined as follows:
Located at 40 deg.09.2'N. lat., 71 deg.33.1'W. long; is 201 ft (61.3 m)
above the water; and is shown from a brick octagonal tower 67 ft (20.4
m) high attached to a dwelling on the southeast point of Block Island,
RI.
Continuous transit means that a vessel remains continuously
underway while in the EEZ.
Fish, when used as a verb, for the purposes of this part, means any
activity that involves:
(1) The catching, taking, or harvesting of fish;
(2) The attempted catching, taking, or harvesting of fish;
(3) Any other activity that can reasonably be expected to result in
the catching, taking, or harvesting of fish; or
(4) Any operations at sea in support or, or in preparation for, any
activity described in paragraph (1), (2), or (3) of this definition.
Land means to begin offloading fish, to offload fish, or to enter
port with fish.
Montauk Light means the aid to navigation light located at Montauk
Point, NY, and defined as follows: Located at 41 deg.04.3'N. lat.,
71 deg.51.5'W. long.; is shown from an octagonal, pyramidal tower, 108
ft (32.9 m) high; and has a covered way to a dwelling.
Point Judith Light means the aid to navigation light located at
Point Judith, RI, and defined as follows: Located at 41 deg.21.7'N.
lat., 71 deg.28.9'W. long.; is 65 ft (19.8 m) above the water; and is
shown from an octagonal tower 51 ft (15.5 m) high.
Retain means to fail to return Atlantic striped bass or weakfish to
the sea immediately after the hook has been removed or the fish has
otherwise been released from the capture gear. Weakfish means members
of the stock or population of the species Cynoscion regalis, found
along the Atlantic coast from southern Florida to Massachusetts Bay.
Sec. 697.3 Relation to the Magnuson Act.
The provisions of sections 307 through 311 of the Magnuson Act, as
amended, regarding prohibited acts, civil penalties, criminal offenses,
civil forfeitures, and enforcement apply with respect to the
regulations in this part, as if the regulations in this part were
issued under the Magnuson Act.
Sec. 697.4 Civil procedures.
The civil procedure regulations at 15 CFR part 904 apply to civil
penalties, permit sanctions, seizures, and forfeitures under the
Atlantic Striped Bass Act and the Atlantic Coastal Act, and the
regulations in this part.
Sec. 697.5 Specifically authorized activities.
NMFS may authorize, for the acquisition of information and data,
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activities that are otherwise prohibited by the regulations in this
part.
Sec. 697.6 Prohibitions.
(a) Atlantic Coast weakfish fishery. In addition to the
prohibitions set forth in Sec. 600.725, the following prohibitions
apply. It is unlawful for any person to do any of the following:
(1) Fish for weakfish in the EEZ.
(2) Harvest any weakfish from the EEZ.
(3) Possess any weakfish in or from the EEZ.
(4) Fail to return to the water immediately, with the least
possible injury, any weakfish taken within the EEZ.
(b) Atlantic striped bass fishery. It is unlawful for any person to
do any of the following:
(1) Fish for Atlantic striped bass in the EEZ.
(2) Harvest any Atlantic striped bass from the EEZ.
(3) Possess any Atlantic striped bass in or from the EEZ, except
for the following area: The EEZ within Block Island Sound, north of a
line connecting Montauk Light, Montauk Point, NY, and Block Island
Southeast Light, Block Island, RI; and west of a line connecting Point
Judith Light, Point Judith, RI, and Block Island Southeast Light, Block
Island, RI. Within this area, possession of Atlantic striped bass is
permitted, provided no fishing takes place from the vessel while in the
EEZ and the vessel is in continuous transit.
(4) Fail to return to the water immediately, with the least
possible injury, any Atlantic striped bass taken within the EEZ.
[FR Doc. 96-14165 Filed 6-7-96; 8:45 am]
BILLING CODE 3510-22-F
