[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Rules and Regulations]
[Pages 35142-35143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17061]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[I.D. 062896B]
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Exempted Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Additions and modifications to fishery exemptions.
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SUMMARY: NMFS issues this notification to authorize new fishery
exemptions and to modify an existing exemption under the regulations
implementing the Northeast Multispecies Fishery Management Plan (FMP).
This notification advises the public of three additional exempted
fisheries to be conducted in the Gulf of Maine/Georges Bank (GOM/GB)
and Southern New England (SNE) regulated mesh areas, adds restrictions
to an existing exempted fishery, and adds two species to the list of
allowed bycatch species in the Cultivator Shoal whiting exemption
program. The intent of this notification is to maximize fishing
opportunities in a manner that is consistent with the conservation
objectives of the FMP.
EFFECTIVE DATE: The GOM/GB monkfish exempted fishery is effective from
July 1, 1996, through September 14, 1996. The GOM/GB dogfish exempted
fishery is effective from July 1, 1996, through August 31, 1996. The
SNE monkfish exempted fishery is effective from July 1, 1996, through
October 31, 1996. The SNE dogfish exempted fishery modifications are
effective from July 29, 1996 through October 31, 1996. The Cultivator
Shoals whiting exemption program bycatch modification is effective from
July 1, 1996, through December 31, 1996.
FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy
Analyst, 508-281-9252.
SUPPLEMENTARY INFORMATION: Regulations implementing Amendment 7 to the
FMP are effective on July 1, 1996 (61 FR 27710, May 31, 1996). These
regulations implement a comprehensive set of measures to control
fishing mortality and rebuild the primary stocks of regulated
multispecies. Among the specific measures is a bycatch control measure
that prohibits prosecution of any fishery that has not been determined
to have a minimal bycatch of regulated multispecies.
The bycatch control restriction is applied on a fishery basis in
each of two specific geographical areas, referred to as regulated mesh
areas: GOM/GB and SNE. A vessel may not fish in these areas unless it
is fishing lawfully in the multispecies fishery, under a scallop days-
at-sea allocation, with exempted gear, or in an exempted fishery. A
list of the exempted fisheries that have been previously determined to
meet the bycatch criteria and that may currently be conducted in each
area appears in Sec. 648.80.
Additions or deletions to the list of exempted fisheries may be
authorized by the Director, Northeast Region, NMFS (Regional Director),
if he/she determines that the bycatch of regulated species is, or can
be reduced to, less than 5 percent by weight of the total catch and
that such exemption will not jeopardize fishing mortality objectives
(Sec. 648.80(a)(7), (c)(5), and (d)(4)). The Regional Director is also
authorized to impose specific gear and area limitations to exempted
fisheries. Proposals for exemptions were submitted by members of the
fishing industry and have been examined by the NMFS Northeast Fisheries
Science Center. The proposals were to allow a sink gillnet fishery for
monkfish and dogfish and to allow squid (two species) to be retained as
bycatch in the Cultivator Shoals whiting fishery within the GOM/GB
area. Based on the data available, the Regional Director has determined
that these fisheries meet the exemption criteria in specific areas
during limited open seasons and under certain minimum mesh-size
restrictions.
GOM/GB Monkfish Exempted Fishery
For the period July 1, 1996, through September 14, 1996, an
exempted fishery for monkfish may be conducted by vessels using sink
gillnet gear within a specific portion of the GOM/GB regulated mesh
area. This is defined by connecting the following coordinates:
Latitude Longitude
41 deg.35' N. 70 deg.00' W.
42 deg.49.5' N. 70 deg.00' W.
[[Page 35143]]
42 deg.49.5' N. 69 deg.40' W.
43 deg.12' N. 69 deg.00' W.
Maine shoreline 69 deg.00' W.
Vessels fishing under this exemption are restricted to a minimum
mesh size of 10 inches (25.4 cm)(diamond). No species other than
monkfish, or lobsters in an amount not to exceed 10 percent by weight
of the total catch on board or 200 lobsters (whichever is less), may be
retained when fishing in this exempted fishery.
GOM/GB Dogfish Exempted Fishery
For the period July 1, 1996, through August 31, 1996, an exempted
fishery for dogfish may also be conducted in the area defined above by
vessels using sink gillnet gear with a minimum mesh size of 6.5 inches
(16.5 cm)(diamond). No species other than dogfish, or lobsters in an
amount not to exceed 10 percent by weight of the total catch on board
or 200 lobsters (whichever is less), may be retained when fishing in
this exemption program.
SNE Monkfish Exempted Fishery
For the period July 1, 1996, through October 31, 1996, an exempted
fishery for monkfish may be conducted by vessels using sink gillnet
gear within a specific portion of the SNE regulated mesh area. This is
defined by a line running south from the Massachusetts shoreline at
41 deg.35' N. lat. and 70 deg.00' W. long. and bounded on the west by
the Mid-Atlantic regulated mesh area. Vessels fishing under this
exemption are restricted to a minimum mesh size of 12 inches (25.4
cm)(diamond). No species other than monkfish may be retained when
fishing in this exempted fishery.
SNE Dogfish Exempted Fishery Modification
Analysis of the available data also revealed that an existing
fishery exemption, allowing sink gillnets in the dogfish fishery to be
used year-round in the SNE regulated mesh area, should be restricted by
a season and a minimum mesh-size requirement to remain consistent with
the bycatch control objective. NMFS observer data documents that
several trips exceeded the bycatch limit during the months of November
through April. Therefore, the Regional Director has determined that,
during the months of November through April, this fishery should no
longer be exempted; NMFS intends to address this through future
rulemaking. To provide additional assurance against bycatch of
regulated multispecies during the time period the fishery is exempted,
effective from July 29, 1996 through October 31, 1996, a minimum mesh
size of 6 inches (15.24 cm)(diamond) must be used. Further, from July
1, 1996, through October 31, 1996, this fishery is restricted to the
area described above for the SNE monkfish exempted fishery (i.e., the
area defined by a line running south from the Massachusetts shoreline
at 41 deg.35' N. lat. and 70 deg.00' W. long. and bounded on the west
by the Mid-Atlantic regulated mesh area). The allowed bycatch species
for this exemption are not changed.
Cultivator Shoals Whiting Exemption Program Bycatch
For the period July 1, 1996, through December 31, 1996, the bycatch
of squid is to be allowed under the existing time, area, and mesh-size
restrictions of the Cultivator Shoals whiting fishery exemption.
The Regional Director has informed the New England Fishery
Management Council of the proposals to allow the sink gillnet fisheries
for monkfish and dogfish in the GOM/GB area and to add squid to the
list of allowable bycatch in the Cultivator Shoals whiting fishery
during 1996. No objection was raised. The Regional Director has
determined that the GOM/GB sink gillnet fisheries, as described above,
and the previously exempted SNE sink gillnet fishery for dogfish, as
temporarily modified by this action, meet the exemption qualification
requirements specified in Sec. 648.80(a)(7).
Fish that are caught, possessed, or landed in accordance with
provisions of this action will be deemed by NMFS to be in accordance
with 50 CFR 648.80.
Classification
This action is taken under 50 CFR 648.80 and is exempt from review
under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 28, 1996.
Richard H. Schaefer,
Director, Office of Fisheries Conservation and Management, National
Marine Fisheries Service.
[FR Doc. 96-17061 Filed 6-28-96; 4:20 pm]
BILLING CODE 3510-22-W
