[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 30028-30030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14963]
=======================================================================
-----------------------------------------------------------------------
[[Page 30029]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 651
[Docket No. 960216032-6158-05; I.D. 052196A]
Northeast Multispecies Fishery; Amendment 7; Resubmission of
Disapproved Measure for an Open Access Permit for Nonregulated
Multispecies
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement a revised measure that
was disapproved in the preliminary evaluation of Amendment 7 to the
Northeast Multispecies Fishery Management Plan (FMP) as revised and
resubmitted by the New England Fishery Management Council (Council).
This revision would rename the existing open access Possession Limit
Permit, and allow certain fisheries to continue under this permit
category that would otherwise be prohibited by Amendment 7. The
intended effect of this action is to continue to allow fishing for
nonregulated multispecies (silver hake, red hake, and ocean pout) by
vessels that do not qualify for a limited access multispecies permit.
DATES: Comments on this proposed rule must be received by July 1, 1996.
ADDRESSES: Comments should be sent to Dr. Andrew A. Rosenberg,
Director, NMFS, Northeast Regional Office, 1 Blackburn Drive,
Gloucester, MA 01930. Mark on the outside of the envelope ``Comments on
Possession Limit Permit Category.''
FOR FURTHER INFORMATION CONTACT: Peter W. Christopher, Fishery
Management Specialist, 508-281-9288.
SUPPLEMENTARY INFORMATION: The Council submitted Amendment 7 to the FMP
on February 5, 1996. After a preliminary evaluation, the following
three measures in the amendment were disapproved on February 14, 1996:
An additional allowance of days-at-sea (DAS) for trawl vessels enrolled
in the Individual DAS category that use 8-inch (20.32 cm) mesh, a 300-
lb (136.1 kg) possession limit of regulated species for vessels that
use 8-inch (20.32 cm) mesh in an exempted fishery, and the
establishment of a limited access category for vessels that fished in
the Possession Limit Open Access category under Amendment 5. The
remainder of Amendment 7 was published as a proposed rule on March 5,
1996 (61 FR 8540). The first two of the three disapproved measures were
resubmitted by the Council. The measure that would have allowed a 300-
lb (136.1 kg) regulated species possession limit for vessels fishing
with 8-inch (20.32 cm) mesh in an exempted fishery was again
disapproved, and the measure that would give additional multispecies
DAS to all limited access multispecies vessels fishing exclusively with
large mesh was published as a proposed rule on April 18, 1996 (61 FR
16892), and was added to the final rule to implement Amendment 7, which
was published on May 31, 1996 (61 FR 27710). Pursuant to section
304(b)(3)(A) of the Magnuson Fishery Conservation and Management Act
(Magnuson Act), the Council has resubmitted the measure that would
implement a possession limit permit by revising it to allow possession
of nonregulated multispecies, defined to be silver hake, red hake, and
ocean pout. This proposed permit is now named the ``open access
nonregulated multispecies permit.''
On February 27-28, 1996, the Council discussed the three
disapproved measures and voted to resubmit revisions of the first and
second while deferring action on the third measure pending further
discussions. The third measure disapproved by NMFS was the proposed
implementation of a limited access possession limit permit under the
FMP. An inequity would have been established if this measure were
implemented, because vessels would have to qualify for a permit that
would not allow fishing for regulated multispecies, whereas, if vessel
owners selected an open access category and used appropriate gear, they
would be allowed to catch regulated and nonregulated multispecies.
Furthermore, an administrative burden would have been created because
vessel permit applications would have to be processed through a review
procedure to qualify for the permit, with a possibility that no fishing
for multispecies finfish would be allowed after this time.
Subsequent to the disapproval of this measure, several affected
fishermen contacted the Council and indicated that, if an open access
permit for nonregulated multispecies were not established, they would
be denied an opportunity to fish for or retain a bycatch of
nonregulated multispecies. The fishermen indicated that this would
occur even though the impact of their activities on regulated species
would be controlled by the fishery exemption program that only allows
those fisheries that have a minimal bycatch of regulated species.
On April 17-18, 1996, the Council passed a motion to resubmit the
proposed possession limit permit category, redefining it as an open
access permit category for nonregulated species and renaming it the
``Nonregulated Multispecies'' permit category. This permit category
would allow fishing for nonregulated multispecies by vessels using
various gear types that do not qualify for a limited access
multispecies permit and would eliminate any inequity or administrative
burden associated with the need to qualify for a permit. The Council
believes that implementation of this permit category jeopardizes
neither the nonregulated multispecies, because they are not currently
categorized as overfished, nor the regulated species, because a fishery
allowed under this permit would be required to be exempted and meet the
regulated multispecies bycatch limit of 5 percent.
Classification
Section 304(a)(1)(D)(ii) of the Magnuson Act, as amended, requires
NMFS to publish implementing regulations proposed by a Council within
15 days of the receipt of an amendment and proposed regulations. At
this time, NMFS has not determined whether the amendment this rule
would implement is consistent with the national standards, other
provisions of the Magnuson Act, and other applicable law. NMFS, in
making that determination, will take into account the information,
views and comments received during the comment period.
This proposed rule has been determined to be not significant for
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 proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. Vessels benefitting from this open access permit could
have an increase in gross ex-vessel revenues of more than 5 percent
compared to the status quo. However, the number of small entities being
affected in this manner is believed to be much less than 20 percent of
the vessels that are in the Northeast multispecies fishery (all of
which are considered small entities). No vessels are expected to cease
operations if the proposed action is implemented, nor are
[[Page 30030]]
vessels expected to incur increased operating costs. As a result, a
regulatory flexibility analysis was not prepared.
List of Subjects in 50 CFR Part 651
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 6, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 651 is
proposed to be 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. 651.2, the definition for ``Nonregulated Multispecies''
is added in alphabetical order to read as follows:
Sec. 651.2 Definitions.
* * * * *
Nonregulated Multispecies means the subset of multispecies finfish
that includes silver hake, red hake, and ocean pout.
* * * * *
3. In Sec. 651.4, paragraph (c) is revised to read as follows:
Sec. 651.4 Vessel permits.
* * * * *
(c) Open access permits. Subject to the restrictions in
Sec. 651.33, a U.S. vessel that has not been issued a limited access
multispecies permit may obtain an open access Handgear, Charter/Party
or Nonregulated Multispecies permit. Vessels that are issued a valid
scallop limited access permit under Sec. 650.4 of this chapter may
obtain an open access Scallop Multispecies Possession Limit permit.
* * * * *
4. In Sec. 651.33, paragraph (d) is added to read as follows:
Sec. 651.33 Open access permit restrictions.
* * * * *
(d) A vessel issued a valid open access Nonregulated Multispecies
permit issued under Sec. 651.4(c) may possess nonregulated
multispecies, provided it does not fish for, possess, or land regulated
species. The vessel is subject to restrictions on gear, area, and time
of fishing specified in Sec. 651.20.
[FR Doc. 96-14963 Filed 6-10-96; 12:26 pm]
BILLING CODE 3510-22-F
